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City of Everett 00 4313 - 2 <br />2026 WPCF Biosolids Removal & Disposal UT 3752-30 <br /> <br /> <br /> <br />00 4313 - 2 BID SECURITY FORM <br /> <br />conditions for release contained herein are satisfied or expressly waived in a writing signed by the City Attorney. <br /> <br />It is expressly understood and agreed that: <br /> <br />A. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, <br />administrators, successors and assigns to pay to the City upon default of Bidder <br />the penal sum set forth on the face of this Bond. <br />B. Default of Bidder shall occur upon the failure of Bidder to deliver within the time <br />required by the bidding documents the executed Contract required by the bidding <br />documents, any performance and payment bonds required by the bidding <br />documents and Contract Documents, and evidence of insurance required by the <br />bidding documents and Contract Documents. <br />C. This obligation shall be null and void if: <br />1. The City accepts Bidder's bid and Bidder delivers within the time required <br />by the bidding documents (or any extension thereof agreed to in writing by <br />the City) the executed Contract required by the bidding documents, any <br />performance and payment bonds required by the bidding documents and <br />Contract Documents, and evidence of insurance required by the bidding <br />documents and Contract Documents, or <br />2. All bids are rejected by the City. <br />D. Payment under this Bond will be due and payable upon default of Bidder and <br />within thirty (30) calendar days after receipt by Bidder and Surety of written notice <br />of default from the City, which notice will be given with reasonable promptness, <br />identifying this Bond and the Project and including a statement of the amount <br />due. <br />E. Surety waives notice of any and all defenses based on or arising out of any time <br />extension to issue notice of award agreed to in writing by the City and Bidder, <br />provided that the time for issuing notice of award including extensions shall not <br />in the aggregate exceed one hundred twenty (120) days from Bid Due Date <br />without Surety's written consent. <br />F. No suit or action shall be commenced under this Bond prior to thirty (30) calendar <br />days after the notice of default required in paragraph D above is received by <br />Bidder and Surety. Any suit or action under this bond must be instituted within <br />the time period provided by applicable law. <br />G. The laws of the State of Washington shall apply to the determination of the rights <br />and obligations of the parties hereunder. Venue for any dispute or claim <br />hereunder shall be the state courts of Washington in Snohomish County, <br />Washington.