Laserfiche WebLink
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: 1 <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 I <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) 1 <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 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 <br /> notice of default required in paragraph 4 above is received by Bidder and Surety. Any suit or action under <br /> this bond must be instituted within the time period provided by applicable law. I <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 <br /> United States Registered or Certified Mail, return receipt requested, postage prepaid, and shall be deemed <br /> 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 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. I <br /> 10. 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 be deemed to be included herein as if <br /> set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable <br /> statue, then the provision of said statue shall govern and the remainder of this Bond that is not in conflict <br /> therewith shall continue in full force and effect. <br /> 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. <br /> I <br /> HOT MIX ASPHALT OVERLAY-2018 PAGE 12 OF 14 MARCH 6, 2018 <br /> WORK ORDER#3667 <br /> DIVISION P 1 <br />