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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 1. Bidder and Surety_ jointly and severally. bind themselves. their heirs. executors. administrators. <br /> successors and assigns to pay to the City upon default of Bidder the penal sum set forth on the face of this <br /> Bond. ' <br /> 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the <br /> Bidding Documents the executed Contract required by the bidding documents.any performance and payment <br /> bonds required by the bidding documents and Contract Documents. and evidence of insurance required by <br /> the bidding documents and Contract Documents. <br /> 3. This obligation shall be null and void if: ' <br /> 3.1. City accepts Bidder's bid and Bidder delivers within the time required by the bidding <br /> documents (or any extension thereof agreed to in writing by City) the executed Contract <br /> required by the bidding documents. any performance and payment bonds required by the <br /> bidding documents and Contract Documents. and evidence of insurance required by the <br /> bidding documents and Contract Documents. or <br /> 3.2. All bids are rejected by City. or <br /> 4. Payment under this Bond will be due and payable upon default of Bidder and within thirty(30)calendar <br /> days after receipt by Bidder and Surety of written notice of default from the City. which notice will be given <br /> with reasonable promptness. identifying this Bond and the Project and including a statement of the amount <br /> due. <br /> 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue <br /> notice of award agreed to in writing by City and Bidder. provided that the time for issuing notice of award <br /> including extensions shall not in the aggregate exceed one hundred twenty (120) days from Bid Due Date <br /> without Surety's written consent. I <br /> 6. No suit or action shall be commenced under this Bond prior to thirty (30)calendar days after the notice <br /> of default required in paragraph 4 above is received by Bidder and Surety. Any suit or action under this bond <br /> must he instituted within the time period provided by applicable law. <br /> 7. The laws of the State of Washington shall apply to the determination of the rights and obligations of <br /> the parties hereunder. Venue for any dispute or claim hereunder shall be the state courts of Washington in <br /> Snohomish County. Washington. <br /> S. Notice required hereunder shall be in writing sent to Bidder and Surety at their respective addresses , <br /> shown on the face of this Bond.Such notices may be sent by personal delivery.commercial courier or United <br /> States Registered or Certified Mail, return receipt requested. postage prepaid. and shall be deemed to be <br /> effective upon receipt by the party concerned. <br /> 9. Surety shall cause to be attached to this Bond current and effective Power of Attorney evidencing <br /> authority of the officer. agent or representative to execute this Bond on behalf of Surety to execute and <br /> deliver such Bond and hind the Surety thereby. <br /> 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement ' <br /> of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set <br /> forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable <br /> POE Combined Sewer Main imp. Division P-PROPOSAL October 2021 <br /> Work Order No.#UP3768 SP- 18 <br />