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CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 57 <br />• Submit to the City two original paper payment bonds and two original paper <br />performance bonds submitted on forms contained in Contract Documents and <br />fully executed, with proper power of attorney document(s). <br />• Submit to the City in pdf format certificate of Insurance and additional insured <br />endorsements in accordance with the Contract Documents. <br />Until the City executes the Contract, no Bid shall bind the City nor shall any Work begin <br />within the project limits or within City-furnished sites. The Bidder shall bear all risks for any <br />Work begun outside such areas and for any materials ordered before the Contract is <br />executed by the City. <br />If the Bidder experiences circumstances beyond its control that prevents return of the <br />Contract, bonds, and insurance documents within 14-calendar days after receipt of the <br />Notice of Award, the City may grant more time, provided the City deems the circumstances <br />warrant it. <br /> A Contract shall not be formed until the Contract is signed by the Mayor. <br />1-03.4 Contract Bond <br />Revise 1-03.4 to read as follows: <br />The Contractor shall provide a separate payment bond and performance bond, each in <br />the amount of 100 percent of the Contract Sum and each in the form contained in the <br />Contract Documents. These bonds shall serve as security for the faithful performance <br />of the Work and as security for the faithful payment and satisfaction of the persons <br />furnishing materials and performing labor on the Work. The bonds shall be issued by a <br />corporation duly and legally licensed to transact surety business in the State of <br />Washington. Such bonds shall remain in force throughout the period required to <br />complete the Work, and thereafter for a period of 365 calendar days after Final <br />Acceptance. The bonds must be executed by a duly licensed surety company, which is <br />listed in the latest Circular 570 of the United States Treasury Department, as being <br />acceptable as surety on federal bonds. No surety's liability on the bond shall exceed <br />the underwriting limitations for the respective surety specified in Circular 570. The bonds <br />must be signed by an officer of the Contractor empowered to sign binding instruments. <br />The bonds must be accompanied by a fully executed and original power of attorney for <br />the officer executing on behalf of the surety. The scope of the bonds or the form thereof <br />prescribed in these Contract Documents shall in no way affect or alter the liabilities of <br />the Contractor to the City as set forth in the Contract Documents. <br />1-03.5 Failure to Execute Contract <br />Supplement 1-03.5 by adding the following: <br />In addition to the items listed in the first paragraph of 1-03.5, failure to have or obtain a <br />City of Everett business license prior to executing the Contract, unless immediately <br />cured by Bidder after notice from the City, shall result in forfeiture of the proposal bond <br />or deposit of this Bidder. <br />1-03.6 Return of Bid Deposit <br />Supplement 1-03.6 by adding the following: <br />Within 15 calendar days after the Bids are opened, the City will return the bid deposit <br />accompanying the Bids that are not to be considered in making the Award. <br />1-03.7 Judicial Review <br />Revise 1-03.7 to read as follows: <br />All protests by Bidders must be in accordance with Chapter 3.46 of the Everett Municipal <br />Code, “Bid Protest Procedures.” <br />The exclusive venue of all lawsuits shall be in Snohomish County Superior Court.