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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div P – PROPOSAL October 2025 <br />Work Order No. UP 3814 SP-16 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br /> <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 <br />payment bonds required by the bidding documents and Contract Documents, and evidence of insurance <br />required by 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) <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 issue <br />notice of award agreed to in writing by City and Bidder, provided that the time for issuing notice of <br />award including extensions shall not in the aggregate exceed one hundred twenty (120) days from Bid <br />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 obligations <br />of the parties hereunder. Venue for any dispute or claim hereunder shall be the state courts of Washington <br />in Snohomish County, Washington. <br />8. Notice required hereunder shall be in writing sent to Bidder and Surety. Such notices may be sent <br />by personal delivery, commercial courier or United States Registered or Certified Mail, return receipt <br />requested, 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 <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. <br />