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Edgewater Creek Bridge Replacement November 2023 12 3. Guarantee that the Contractor will perform and comply with all obligations, duties, 1 and conditions under the Contract, including but not limited to the duty and obligation 2 to indemnify, defend, and protect the Contracting Agency against all losses and 3 claims related directly or indirectly from any failure: 4 a. Of the Contractor (or any of the employees, subcontractors, or lower tier 5 subcontractors of the Contractor) to faithfully perform and comply with all contract 6 obligations, conditions, and duties, or 7 b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 8 Contractor) to pay all laborers, mechanics, subcontractors, lower tier 9 subcontractors, material person, or any other person who provides supplies or 10 provisions for carrying out the work; 11 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 12 project under titles 50, 51, and 82 RCW; and 13 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign 14 the bond; and 15 6. Be signed by an officer of the Contractor empowered to sign official statements (sole 16 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed 17 by the president or vice president, unless accompanied by written proof of the 18 authority of the individual signing the bond(s) to bind the corporation (i.e., corporate 19 resolution, power of attorney, or a letter to such effect signed by the president or vice 20 president). 21 22 1-03.7.RTF 23 1-03.7 Judicial Review 24 (December 30, 2022 APWA GSP) 25 26 Revise this section to read: 27 28 All decisions made by the Contracting Agency regarding the Award and execution of the 29 Contract or Bid rejection shall be conclusive subject to the scope of judicial review 30 permitted under Washington Law. Such review, if any, shall be timely filed in the Superior 31 Court of the county where the Contracting Agency headquarters is located, provided that 32 where an action is asserted against a county, RCW 36.01.050 shall control venue and 33 jurisdiction. 34 35 1-04.GR1 36 Scope of the Work 37 38 1-04.2.RTF 39 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, 40 Specifications, and Addenda 41 (December 30, 2022 APWA GSP) 42 43 Revise the second paragraph to read: 44 45 Any inconsistency in the parts of the contract shall be resolved by following this order of 46 precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 47 1. Addenda, 48 2. Proposal Form, 49 3. Special Provisions, 50 4. Contract Plans, 51