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CITY OF EVERETT PUBLIC WORKS 00 43 13.13 <br /> SPECIAL PROVISIONS CITY OF EVERETT BID SECURITY FORM <br /> It is expressly understood and agreed that: <br /> 1. 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 the penal <br /> sum set forth on the face of this Bond. <br /> 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required <br /> by the Bidding Documents the executed Agreement required by the Bidding Documents, <br /> 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 <br /> • <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 ' <br /> Bidding Documents (or any extension thereof agreed to in writing by City) the <br /> executed Agreement required by the Bidding Documents, any performance and <br /> payment bonds required by the Bidding Documents and Contract Documents, and <br /> evidence of insurance required by the Bidding Documents and Contract <br /> Documents, or <br /> 3.2. All bids are rejected by City. ' <br /> 4. Payment under this Bond will be due and payable upon default of Bidder and within thirty <br /> (30) calendar days after receipt by Bidder and Surety of written notice of default from the <br /> City, which notice will be given with reasonable promptness, identifying this Bond and the <br /> Project 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 <br /> to issue notice of award agreed to in writing by City and Bidder,provided that the time for <br /> issuing notice of award including extensions shall not in the aggregate exceed one hundred <br /> twenty(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 <br /> after the notice of default required in paragraph 4 above is received by Bidder and Surety. <br /> Any suit or action under this bond must be instituted within the time period provided by <br /> applicable law. <br /> 7. 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 hereunder <br /> shall be the state courts 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 maybe sent by personal delivery, <br /> commercial courier or United States Registered or Certified Mail, return receipt requested, <br /> 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 ! ' <br /> evidencing authority of the officer, agent or representative to execute this Bond on behalf <br /> of Surety to execute and deliver such Bond and bind the Surety thereby. <br /> THREE LAKES VALVE BYPASS July 19,2017 I ' <br /> WO#UP3611 00 43 13.13 -2 <br />