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(08-05-02) City Hall Improvements
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Last modified
3/10/2011 11:51:02 AM
Creation date
3/10/2011 11:51:02 AM
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CityClerk-Bids_RFP_RFQ
Project Name
City Hall Improvements
Bid No. (xx-xx-xx)
08-05-02
Project Type (Bid, RFP, RFQ)
Bid
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<br />MAY\14-2008 WED 10:27 AM <br />1 <br /> <br />1, Bidder and Surely, JoinUy and severally, bind <br />thamselves. their heil5, executors, administrators. <br />successors and assigns to ~y to Owner upon default of <br />Bidder any difference between me total amount of Bidder's <br />bid and the total amount of \he bid of the next lowest. <br />responsible and responsive bidder 8S determined by Owner <br />for the Work required by the Contract Documents, provlded <br />that; <br />1,1, If there is no such next lowest, responsible and <br />responsive bidder, and Owner does not <br />abandon the Project, then Bidder and Surety <br />shall pay to Owner the penal sum set forth on <br />the face of this Bond. and <br />1,2, In no event shall Bidder's and Surety's Obligation <br />hereunder exceed the penal sum set forth On <br />the face of this Bond. <br /> <br />2, Default of Bidder shall occur upon the failure of Bidder <br />to deliver within the time required by the Bidding Documents <br />(or any extension thereof agreed to In writing by O1NI1er) the <br />executed Agreement required by the Bidding Documents <br />and any performance and payment bonds required by the <br />Bidding Documents and Contract Documents. <br /> <br />This obligation shall be null and void if: <br />3,1. Owner accepts Bidder's bid and Bidder delivers <br />within the time required by the BiddIng <br />Documents (or any extension thereof agreed to <br />In writing by Owner) the executed Agreement <br />required by the Bidding Documents and any <br />performance and payment bOnds required by <br />the Bidding DOaJments and Contract <br />Documents, or <br />3.2, All bids are rejected by Owner. or <br />3,3- Owner falls to Issue a notlce of award to Bidder <br />within the time speclfied In the Bidding <br />Documenls (or any extension thereof agreed to <br />In wrltlng by Bidder and. if applicable, consented <br />to by Surely when required by paragraph 5 <br />hereof). <br /> <br />4. Payment under this Bond will be due and payable <br />upon default by Bidder and within 30 calendar days after <br />receipt by Bidder and within 30 calendar days af1Br receipt <br />by Blddor and Surety of written notice of default from OY.Iner, <br />which notice will be given INith rea60nable promptness. <br />Identlrylng this Bond and the Project and including a <br />statement of the amount due. <br /> <br />3. <br /> <br />--' <br /> <br />FAX NO. <br /> <br />P. 05 <br /> <br />5, Surety waives notice of and any and all defenses <br />based on or arising out of any tlmo extension to Issue notice <br />of award agreed to In writing by Owner and Bidder, provided <br />that the total time for Issuing notlca of award Including <br />extensions shall not In the aggregate exceed 120 days from <br />Bid Due Date without Surety's written consent <br /> <br />6. No suit or action shall be commenced under this Bond <br />prior to 30 calendar days after the notice of default. as <br />required in paragraph 4 above, Is received by Bidder and <br />Surety and In no case later than one year after Bid Due <br />Date, <br /> <br />7. Any suit or action under this Bond shall be <br />commenced only In a court of competent jurisdiction located <br />in the state In which the proJoct is located, <br /> <br />8, NotJces required hereunder shall be In writing and <br />sent to Bidder and Surety at their respective addresses <br />shown on the face of this Bond, Such notices may be sent <br />by personal delivery, commercial courier or by United States <br />Registered or CertIfIed Mail. retum receipt requested. <br />postage pre-paid, and shall be deemed to be effective upon <br />receipt by the party concemed. <br /> <br />9. Surety shall cause to be attached to this Bond a <br />current and effective pawer of Attorney evidencing the <br />authority of the officer. agent or representative who executed <br />this Bond 00 behalf of Surety to execute. seal and deliver <br />such Bond and bind the Surety thereby. <br /> <br />10, This Bond is Intended to confonn to all applicable <br />statutolY requirements, Any applicable requirement of any <br />applIcable statute that has been omitted from this Bond shall <br />be deemed to be Included herein as If set forth at length, If <br />any provision of this Bond conflicts with any applicable <br />provision of this Bond conflicts with any applicable prOvision <br />of any applicable statute. then the provision of said statute <br />shall govern and the remainder of this Band that is not In <br />conflict therewith shall continue in full forca and effect. <br /> <br />11, The term "bid" as used herein Includes a bid, offer or <br />proposal as applicable. <br /> <br />Final Version <br /> <br />00401-2 <br />
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