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<br /> <br />1.5 NON-ENDORSEMENT <br />As a result of the selection of a Contractor to provide products or services to the City of Everett, the City <br />of Everett is neither endorsing nor suggesting that the Contractor's product is the best or only solution. <br />The Contractor agrees to make no reference to the City of Everett in any literature, promotional <br />material, brochures, sales presentation, or the like without the express written consent of the City of <br />Everett. <br />1.6 NO CONFIDENTIALITY <br />The Contractor understands and agrees that the Contract Documents and all the materials submitted in <br />connection with the Contract Documents will not be treated as confidential or proprietary by the City. <br />The City will disclose the Contract Documents and all such materials to anyone at any time and without <br />notice to the Contractor. <br />1.7 RESPONSE PROPERTY OF THE CITY OF EVERETT <br />All materials submitted by the Contractor become the property of the City of Everett. Selection or <br />rejection of a response does not affect this right. <br />1.8 PAYMENT & PERFORMANCE BONDS <br />The successful Contractor will be required to make, execute, and deliver performance and payment <br />bonds equal to the amount of the full contract price with a surety company as surety. The bonds shall be <br />issued by a corporate surety acceptable to the City of Everett, licensed to do business in the State of <br />Washington, and must be filed with the City. The surety must agree to be bound by the laws of the <br />State of Washington and subject to the jurisdiction of the State of Washington. The Performance Bond <br />and separate Payment Bond must be on the forms provided by the City of Everett. <br />In the event the surety becomes unacceptable to the City of Everett during the course of the Contract, <br />Contractor must, upon the City of Everett’s written request and at Contractor’s sole cost and expense, <br />obtain payment and performance bonds from another surety acceptable to the City of Everett. <br />If the Contract Price is $150,000 or less, the City may, in lieu of a performance or payment bond, retain <br />ten percent (10%) of the Contract Price for a period of thirty days after date of final acceptance, or, if <br />applicable, until receipt of all necessary releases from the department of revenue, the employment <br />security department, and the department of labor and industries and settlement of any liens filed <br />under chapter 60.28 RCW, whichever is later. <br />1.9 EXECUTION OF CONTRACT & NOTICE TO PROCEED <br />The Contractor will be sent the contract, bond forms, and instructions. The Contractor will sign the <br />contract and return it along with the executed bond forms to the City of Everett according to the <br />instructions, together with a certificate of insurance and required insurance endorsements. Upon <br />execution and receipt of any additional required documentation or submittals from the Contractor, the <br />purchase order will be issued. The purchase order will provide the Notice to Proceed. Any work <br />performed by the Contractor prior to execution of the Contract is strictly at the Contractor’s risk.