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<br />CITY OF EVERETT - CITYWIDE BICYCLE WAYFINDING <br />STATE FUND# HLP-BP21(014) <br />WO#3786 September 25, 2023 <br />12 <br />Documents, any performance and payment bonds required by the Bidding Documents and Contract <br />Documents, and evidence of insurance required by the Bidding Documents and Contract Documents, <br />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) <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. <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 <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 <br />obligations of the parties hereunder. Venue for any dispute or claim hereunder shall be the state courts <br />of 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 <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 <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 <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.