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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP14 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />(July 23, 2015 APWA GSP) 1 <br /> 2 <br />Delete the first paragraph and replace it with the following: 3 <br /> 4 <br />The successful bidder shall provide executed payment and performance bond(s) for the 5 <br />full contract amount. The bond may be a combined payment and performance bond; or 6 <br />be separate payment and performance bonds. In the case of separate payment and 7 <br />performance bonds, each shall be for the full contract amount. The bond(s) shall: 8 <br />1. Be on Contracting Agency-furnished form(s); 9 <br />2. Be signed by an approved surety (or sureties) that: 10 <br />a. Is registered with the Washington State Insurance Commissioner, and 11 <br />b. Appears on the current Authorized Insurance List in the State of Washington 12 <br />published by the Office of the Insurance Commissioner, 13 <br />3. Guarantee that the Contractor will perform and comply with all obligations, duties, 14 <br />and conditions under the Contract, including but not limited to the duty and obligation 15 <br />to indemnify, defend, and protect the Contracting Agency against all losses and 16 <br />claims related directly or indirectly from any failure: 17 <br />a. Of the Contractor (or any of the employees, subcontractors, or lower tier 18 <br />subcontractors of the Contractor) to faithfully perform and comply with all contract 19 <br />obligations, conditions, and duties, or 20 <br />b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 21 <br />Contractor) to pay all laborers, mechanics, subcontractors, lower tier 22 <br />subcontractors, material person, or any other person who provides supplies or 23 <br />provisions for carrying out the work; 24 <br />4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 25 <br />project under titles 50, 51, and 82 RCW; and 26 <br />5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign 27 <br />the bond; and 28 <br />6. Be signed by an officer of the Contractor empowered to sign official statements (sole 29 <br />proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed 30 <br />by the president or vice president, unless accompanied by written proof of the 31 <br />authority of the individual signing the bond(s) to bind the corporation (i.e., corporate 32 <br />resolution, power of attorney, or a letter to such effect signed by the president or vice 33 <br />president). 34 <br /> 35 <br />1-03.7.RTF 36 <br />1-03.7 Judicial Review 37 <br />(December 30, 2022 APWA GSP) 38 <br /> 39 <br />Revise this section to read: 40 <br /> 41 <br />All decisions made by the Contracting Agency regarding the Award and execution of the 42 <br />Contract or Bid rejection shall be conclusive subject to the scope of judicial review 43 <br />permitted under Washington Law. Such review, if any, shall be timely filed in the Superior 44 <br />Court of the county where the Contracting Agency headquarters is located, provided that 45 <br />where an action is asserted against a county, RCW 36.01.050 shall control venue and 46 <br />jurisdiction. 47 <br /> 48