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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, administrators, ' <br /> successors and assigns to pay to the City upon default of Bidder the penal sum set forth on the face <br /> of this 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 <br /> and payment bonds required by the Bidding Documents and Contract Documents,and evidence of <br /> insurance 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 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. <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 <br /> notice will be given with reasonable promptness,identifying this Bond and the Project and including <br /> 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 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 <br /> 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 the <br /> notice of default required in paragraph 4 above is received by Bidder and Surety.Any suit or action <br /> 111 <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 <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 at their respective addresses 1 <br /> shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier <br /> or United States Registered or Certified Mail,return receipt requested,postage prepaid,and shall be <br /> deemed to be effective upon receipt by the party concerned. I <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 <br /> 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 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 /> Legion Golf Course Stormwater Detention Project November 28,2017 <br /> WO#UP3620 00 43 13.13 -2 <br /> •ovided to Builders Exchanae of WA. Inc. For usaae Conditions Agreement see www hxwa nom-Aiwavc uarifv raio <br />