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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum#1] <br /> i <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 <br /> Bidding Documents the executed Agreement 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 Agreement <br /> required by the Bidding Documents, any performance and payment bonds requiredby 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 will <br /> be given with reasonable promptness, identifying this Bond and the Project and including a statement of the <br /> amount due. <br /> 5. Surety waives notice of any and all defenses based on or arising out of any time extension toissue <br /> notice of award agreed to in writing by City and Bidder, provided that the time for issuing notice of award <br /> including extensions shall not in the aggregate exceed one hundred twenty (120) days from Bid Due Date <br /> 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 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 at their respective addresses <br /> shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier or United <br /> States Registered or Certified Mail, return receipt requested, postage prepaid, and shall be deemed to be <br /> 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 /> SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER"M"PHASE II <br /> WO No.—UP3470-10 Division P—PROPOSAL April 2016 <br /> SP-26 <br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale <br />