Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-60 • Submit to the City in pdf format certificate of Insurance and additional insured endorsements in accordance with the Contract Documents. Until the City executes the Contract, no Bid shall bind the City nor shall any Work begin within the project limits or within City-furnished sites. The Bidder shall bear all risks for any Work begun outside such areas and for any materials ordered before the Contract is executed by the City. If the Bidder experiences circumstances beyond its control that prevents return of the Contract, bonds, and insurance documents within 14-calendar days after receipt of the Notice of Award, the City may grant more time, provided the City deems the circumstances warrant it. A Contract shall not be formed until the Contract is signed by the Mayor. 1-03.4 Contract Bond Revise 1-03.4 to read as follows: The Contractor shall provide a separate payment bond and performance bond, each in the amount of 100 percent of the Contract Sum and each in the form contained in the Contract Documents. These bonds shall serve as security for the faithful performance of the Work and as security for the faithful payment and satisfaction of the persons furnishing materials and performing labor on the Work. The bonds shall be issued by a corporation duly and legally licensed to transact surety business in the State of Washington. Such bonds shall remain in force throughout the period required to complete the Work, and thereafter for a period of 365 calendar days after Final Acceptance. The bonds must be executed by a duly licensed surety company, which is listed in the latest Circular 570 of the United States Treasury Department, as being acceptable as surety on federal bonds. No surety's liability on the bond shall exceed the underwriting limitations for the respective surety specified in Circular 570. The bonds must be signed by an officer of the Contractor empowered to sign binding instruments. The bonds must be accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. The scope of the bonds or the form thereof prescribed in these Contract Documents shall in no way affect or alter the liabilities of the Contractor to the City as set forth in the Contract Documents. 1-03.5 Failure to Execute Contract Supplement 1-03.5 by adding the following: In addition to the items listed in the first paragraph of 1-03.5, failure to have or obtain a City of Everett business license prior to executing the Contract, unless immediately cured by Bidder after notice from the City, shall result in forfeiture of the proposal bond or deposit of this Bidder. 1-03.6 Return of Bid Deposit Supplement 1-03.6 by adding the following: Within 15 calendar days after the Bids are opened, the City will return the bid deposit accompanying the Bids that are not to be considered in making the Award. 1-03.7 Judicial Review Revise 1-03.7 to read as follows: All protests by Bidders must be in accordance with Chapter 3.46 of the Everett Municipal Code, “Bid Protest Procedures.” The exclusive venue of all lawsuits shall be in Snohomish County Superior Court.