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<br />Page 5 of 43 <br />1.19 RESPONSE PROPERTY OF THE CITY OF EVERETT <br />All materials submitted in response to this invitation become the property of the City of Everett. Selection <br />or rejection of a response does not affect this right. <br />1.20 NO OBLIGATION TO BUY <br />The City of Everett reserves the right to refrain from contracting with any Contractor. The release of this <br />Invitation for Bid does not compel the City of Everett to purchase. <br />1.21 COST OF PREPARING BIDS <br />The City of Everett is not responsible for any costs incurred by Contractors in the preparation and <br />presentation of bids and demonstrations submitted in response to this Invitation to bid. <br />1.22 PAYMENT & PERFORMANCE BONDS <br />Unless the Contractor receives notice otherwise from the City in writing, the Contractor will be required <br />to make, execute, and deliver performance and payment bonds equal to Required Bond Amount with a <br />surety company as surety. The Required Bond Amount is $200,000. The Required Bond Amount may <br />be adjusted by the City from time to time, in which case the Contractor at its sole cost and expense will <br />obtain and provide the City new bonds or bond riders as necessary to satisfy the entire adjusted <br />Required Bond Amount. Failure to do this is a default under the Contract. <br />Award is conditioned that the successful Contractor shall faithfully perform all the provisions of this <br />Contract and pay all laborers, mechanics, and subcontractors and material men and all persons who <br />supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of <br />such work. The bonds shall be issued by a corporate surety acceptable to the City of Everett, licensed to <br />do business in the State of Washington, and must be filed with the City. The surety must agree to be <br />bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. <br />The Performance Bond and separate Payment Bond must be on the forms provided by the City of <br />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 />1.23 BID BOND <br />A bid bond is not required for this solicitation. <br />1.24 CONTRACT AWARD <br />Contract award, if any, will be made to the lowest, responsive and responsible Contractor whose bid best <br />meets the interests of the City of Everett. The City of Everett will have no obligations until a contract is <br />signed by both parties. <br />1.25 EXECUTION OF CONTRACT & NOTICE TO PROCEED <br />The successful Contractor will be sent a notice of Intent to Award, contract, bond forms, and instructions. <br />The successful Contractor will sign the contract and return it along with the executed bond forms to the <br />City of Everett according to the instructions, together with a certificate of insurance and required <br />insurance endorsements. Upon execution and receipt of any additional required documentation or <br />submittals from the Contractor, work orders will be issued for Work as needed. A work order will provide