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Y . <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> I <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 suit 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 I <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 andContract 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 /> 1 Bidding Documents.and. Contract Documents, and evidence of insurance required by the <br /> Bidding Documents and Contract Documents,or <br /> u 3.2: ,All bids'are:rejected by City,or I <br /> 1 <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 /> I <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 I without Surety's written consent. <br /> 1' fi 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 oraction under this bond , <br /> must be instituted withinthe 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 /> I <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 I <br /> ffi shown onthe face of this Bond Such notices may be sent by personal delivery, commercial courier or <br /> United States Registered orCertified Mail,return receipt requested, postage prepaid,and shall be deemed to I <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 I <br /> . deliver such Bond and bind the Surety thereby. <br /> 10. This Bond is intended to:conforin to all applicable statutory requirements. Any applicable requirement <br /> of anyapplicable statute that has been omitted from this Bond shall be.deemed to be included herein as if set I <br /> - <br /> Alverson'Sto'rniwate"'Separation. Division P-PROPOSAL February 2019 <br /> Work Order-No,-UP3660. SP-26 I <br /> age 31 I <br /> mI. itgalil5 els.E-sobang • -ing gat Asan. F1 Agre.•u . . .a + ai-tcmmawaW ivif ll. <br />