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CITY OF EVERETT SPECIAL PROVISIONS <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 /> ' <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 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 will <br /> be given with reasonable promptness, identifying this Bond and the Project and including a statement or the <br /> 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 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 /> S. 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 <br /> United States Registered or Certified Mail,return receipt requested, postage prepaid,and shall be deemedto <br /> 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 /> ' i0. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement <br /> of any applicable statute that has been omitted from this Bond shall he deemed to be included herein as if set <br /> forth at length. if any provision of the Bond conflicts with any applicable provision of any applicable statue, <br /> Water Main Replacement S Division P—PROPOSAL January 29;2018 <br /> Work Order No,-UP3664 SP 27 <br /> ,rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal <br />