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CITY OF EVERETT - PROPOSAL <br /> <br /> <br /> <br /> <br />Everett Mall Bus Platform PROPOSAL December 2024 <br />WO No – MALLSTN/24462 P-14 <br />2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by <br />the bidding documents the executed Contract required by the bidding documents, any <br />performance and payment bonds required by the bidding documents and Contract <br />Documents, and evidence of insurance required by the bidding documents and Contract <br />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 <br />Contract required by the bidding documents, any performance and payment bonds <br />required by the bidding documents and Contract Documents, and evidence of <br />insurance required by the 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) <br />calendar days after receipt by Bidder and Surety of written notice of default from the City, <br />which notice will be given with reasonable promptness, identifying this Bond and the Project <br />and including a 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 <br />notice of award including extensions shall not in the aggregate exceed one hundred twenty <br />(120) days from 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 <br />the notice of default required in paragraph 4 above is received by Bidder and Surety. Any suit <br />or action 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 <br />state courts of Washington in Snohomish County, Washington. <br />8. Notice required hereunder shall be in writing sent to Bidder and Surety. Such notices may be <br />sent by personal delivery, commercial courier or United States Registered or Certified Mail, <br />return receipt requested, postage prepaid, and shall be deemed to be effective upon receipt <br />by the party concerned. <br />9. Surety shall cause to be attached to this Bond current and effective Power of Attorney <br />evidencing authority of the officer, agent or representative to execute this Bond on behalf of <br />Surety to execute and 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 <br />to be included herein as if set forth at length. If any provision of the Bond conflicts with any <br />applicable provision of any applicable statue, then the provision of said statue shall govern <br />and the remainder of this Bond that is not in conflict therewith shall continue in full force and <br />effect. <br />11. The term "bid" as used herein includes a bid, offer or proposal as applicable. <br />