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CITY OF EVERETf SPECIAL PROVISIONS <br /> 1 <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 sum set <br /> 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, any , <br /> performance and payment bonds required by the Bidding Documents and Contract Documents, <br /> and evidence of insurance required by the Bidding Documents and Contract Documents. <br /> 3. This obligation shall be nulland 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,or ' <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 City, <br /> which notice will be given with reasonable promptness,identifying this Bond and the Project and <br /> 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 to ' <br /> issue notice of award agreed to in writing by City and.Bidder,provided that the time for issuing <br /> notice of award including extensions shall not in the aggregate exceed one hundred twenty(120) <br /> 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 after <br /> the notice of default required in paragraph 4 above is received by Bidder and Surety. Any suit or <br /> action 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 state <br /> 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 may be sent by personal delivery, <br /> commercial courier or United States Registered or Certified Mail,return receipt requested,postage <br /> 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 of Surety <br /> to execute and deliver such Bond and bind the Surety thereby. <br /> Cleveland Avenue Division P—PROPOSAL November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> Work Order No.—UP3398 SP-26 <br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal <br />