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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Beverly Lake Water Quality RetrofitDivision P – PROPOSAL August 2023 <br />Work Order No. – UP3745 SP – 22 <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 bidding <br />documents the executed Contract required by the bidding documents, any performance and payment bonds <br />required by the bidding documents and Contract Documents, and evidence of insurance required by the bidding <br />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 documents <br />(or any extension thereof agreed to in writing by City) the executed Contract required by the <br />bidding documents, any performance and payment bonds required by the bidding documents <br />and Contract Documents, and evidence of insurance required by the bidding documents and <br />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 notice <br />of award agreed to in writing by City and Bidder, provided that the time for issuing notice of award including <br />extensions shall not in the aggregate exceed one hundred twenty (120) days from Bid Due Date without <br />Surety's written consent. <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 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 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 />8. Notice required hereunder shall be in writing sent to Bidder and Surety. Such notices may be sent by <br />personal delivery, commercial courier or United States Registered or Certified Mail, return receipt requested, <br />postage prepaid, and 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 deliver <br />such Bond and bind the Surety thereby. <br />10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of <br />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 statue,