IMCO General Construction, Inc. 6/10/2024

• Submit to the City two original paper payment bonds and two original paper performance bonds submitted on forms contained in Contract Documents and fully executed, with proper power of attorney document(s). • Submit to the City in pdf format certificate of insurance and additional insured endorsements in accordance with the Contract Documents. Until the City executes a 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 receiving 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 Payment and Performance Bonds The Contractor shall provide 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. The bonds must be accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. 1-03.5 Failure to Execute Contract Failure to return the proof of insurance and the bonds with the signed Contract as required in these Instructions, or failure or refusal to sign the Contract, or failure to register as a contractor in the state of Washington shall result in forfeiture of the bid bond or deposit of this Bidder. If this should occur, the City may then Award the Contract to the second lowest responsible Bidder or reject all remaining Bids. If the second lowest responsible Bidder fails to return the required documents as stated above within the time provided after Award, the Contract may then be Awarded successively in a like manner to the remaining lowest responsible Bidders until the above requirements are met or the remaining Bid are rejected. In addition, 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 Bid Bond or deposit of this Bidder. 1-03.6 Return of Bid Deposit When Bids have been examined and corrected as necessary, proposal bonds and deposits accompanying Bids ineligible for further consideration will be returned. All other proposal bonds and deposits will be held until the Contract has been properly executed. When the Contract has been properly executed, all remaining deposits or bonds, except those subject to forfeiture, will be returned. 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 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. OTHER MATTERS Time of Completion The Contractor shall complete the Work on or before the date or dates specified in Section 00 52 13 — AGREEMENT FORM. Equal Employment Opportunity The Contractor will be required to assure that equal employment opportunities will be in effect to all individuals throughout the duration of this Contract, pursuant to SECTION 00 72 00, Part 7 "Labor Standards," of the Contract Documents. The Contractor must comply with all local, State and Federal laws pertaining to non-discrimination and equal employment opportunity. Sales Tax The Washington State Department of Revenue has issued special rules on the State sales tax. The Contractor should contact the Washington State Department of Revenue for answers to questions in Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 21 13 INSTRUCTIONS TO BIDDERS March 2024