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I , . <br /> I <br /> PERFORMANCE BOND <br /> Ito City of Everett,WA <br /> Bond No. NWA3153 <br /> The City of Everett,Washington, has awarded to Always Active Services LLC (Principal),a contract for the construction of <br /> I the project designated as Fleming Bicycle Corridor,Project No.W.O.3767,in Everett,Washington(Contract),and said Principal <br /> is required to furnish a bond for performance of all obligations under the Contract. <br /> I <br /> The Principal,and of Iowa Merchants National Bonding, Inc. (Surety),a corporation organized under the laws of the State <br /> and licensed to do business in the State of Washington as surety and named in the current list of <br /> "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, <br /> U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Everett, in the sum of <br /> I Four Hundred Seventy-three Thousand Two Hundred Seventy-three and 00/100 US Dollars ($ 473,273.00 )Total <br /> Contract Amount,subject to the provisions herein. <br /> I This statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, <br /> successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the <br /> terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made, <br /> at the time and in the manner therein specified;and if such performance obligations have not been fulfilled, this bond shall <br /> I <br /> remain in full force and effect. <br /> The Surety agrees to indemnify, defend, and protect the City of Everett against any claim of direct or indirect loss resulting <br /> I from the failure of the Principal, its heirs, executors, administrators, successors, or assigns (or any of the employees, <br /> subcontractors,or lower tier subcontractors of the Principal)to faithfully perform the Contract. <br /> The Surety for value received agrees that no change,extension of time, alteration or addition to the terms of the Contract,the <br /> I specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its <br /> obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract <br /> or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that <br /> I increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and <br /> notice to Surety is not required for such increased obligation. <br /> This bond may be executed in two(2) original counterparts, and shall be signed by the parties'duly authorized officers. This <br /> I bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on <br /> behalf of the surety. The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction <br /> of the state of Washington. <br /> I <br /> PRINCIPys Activ Services LLC SU ETY Merchants National Bonding, Inc. <br /> u� 5 1/12/2023 OT'l d 1/12/2C23 <br /> I <br /> Principal Signature Date Surety Signature Date <br /> flmuck��1IVJ Alyssa'i Lopez <br /> Printed Nameee Printed Name <br /> I0!Alt.(' Attorney-in-Fact <br /> Title Title <br /> I <br /> Name,address,and telephone of local office/agent of Surety Company is: <br /> Propel Insurance <br /> 601 Union Street,Suite 3400,Seattle,WA 98101 <br /> I <br /> (206)676-4200 <br /> ICITY OF EVERETT CONTRACT <br /> FLEMING BICYCLE CORRIDOR 0811812022 <br /> FEDERAL AID#CM-0420(027);COE#PW3767 Page C5 of CB <br />