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I <br /> Bidding Documents and Contract Documents, and evidence of insurance required by the <br /> Bidding Documents and Contract Documents, or I <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) 1 <br /> calendar days after receipt by Bidder and Surety of written notice of default from the City, which notice <br /> will be given with reasonable promptness, identifying this Bond and the Project and including a <br /> statement of the amount due. I <br /> 5. Surety waives notice of any and all defenses based on or arising out of any time extension to <br /> issue notice of award agreed to in writing by City and Bidder, provided that the time for issuing notice <br /> of award including extensions shall not in the aggregate exceed one hundred twenty (120) days from <br /> Bid Due Date without Surety's written consent. <br /> 6. No suit or action shall be commenced under this Bond prior to thirty (30) calendar days after the I <br /> notice of default required in paragraph 4 above is received by Bidder and Surety. Any suit or action <br /> under this bond must be 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 I <br /> of the parties hereunder. Venue for any dispute or claim hereunder shall be the state courts of <br /> Washington in Snohomish County, Washington. <br /> 8. Notice required hereunder shall be in writing sent to Bidder and Surety at their respective <br /> addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial <br /> courier or United States Registered or Certified Mail, return receipt requested, postage prepaid, and I <br /> shall be deemed to be 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 bind the Surety thereby. <br /> 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable I <br /> requirement of any applicable statute that has been omitted from this Bond shall be deemed to be <br /> included herein as if set forth at length. If any provision of the Bond conflicts with any applicable <br /> provision of any applicable statue, then the provision of said statue shall govern and the remainder of I <br /> this Bond that is not in conflict therewith shall continue in full force and effect. <br /> 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. — I <br /> BIDDER SURETY <br /> Always Active Services LLC (seal) Merchants National Bonding, Inc. (seal) 1 <br /> Bidder's Name and cc prporate Seal Suret ' Name and C o to Seal <br /> By: �i����'f " `'�04)g r-5/24/2022 B : ' <br /> Y j y 24/20?_2 <br /> Signature, Title, and Date Signatu e, Title, and ate Cyn i Jay, <br /> Attorney-in-Fact <br /> Attest: Attest: <br /> 5/24/2022 PIL►ceor)AK.e 5/24/2022 I <br /> Signature, Title and Date Signature, Title and Date Aliceon A. Kelter,Witness <br /> I <br /> INTERURBAN TRAIL TO YMCA PEDESTRIAN IMPROVEMENTS DIVISION P—BID BOND I <br /> WORK ORDER 3749 Page P10 of P12 MAY 2 2022 <br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal I <br />