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I <br /> PUBLIC WORKS PAYMENT BOND <br /> to 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 /> ' the project designated as Fleming Bicycle Corridor, Project No,PW3767,in Everett, Washington (Contract), and said Principal <br /> is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington <br /> (RCW)and(where applicable) 60.28 RCW. <br /> ' The Principal,and Merchants National Bonding, Inc. (Surety),a corporation organized under the laws of the State <br /> of Iowa 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 /> 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 /> This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, <br /> successors, or assigns shall pay all persons in accordance with RCW Titles 39.08 and 39.12 including all workers, laborers, <br /> ' mechanics, subcontractors, and material suppliers, and all persons who shall supply such contractor or subcontractor with <br /> provisions and supplies for the carrying on of such work,and all taxes incurred on said Contract under Title 50 and 51 RCW and <br /> all taxes imposed on the Principal under Title 82 RCW;and if such payment obligations have not been fulfilled,this bond shall <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 /> from the failure of the Principal, its heirs,executors, administrators,successors,or assigns, (or the subcontractors or lower tier <br /> ' subcontractors of the Principal)to pay all laborers,mechanics, subcontractors,lower tier subcontractors material persons,and <br /> all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work. <br /> The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the <br /> ' 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, except as provided herein,and waives notice of any change,extension of time,alteration or addition <br /> to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and <br /> conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of <br /> the Surety on this bond and 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 /> ' 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 of <br /> the state of Washington. <br /> PRINCIPAL Always Active Services LLC SURETY Merchants National Bonding,Inc. <br /> gAtE/i — 1/12/2023 1/1J '023 <br /> Principal Signature \ Date Surety nature VVV Date <br /> 11 1 I° / of J C h att. Alyssa J Lopez <br /> Printed Name(� Printed Name <br /> Q t0 1 1, Attorney in-Fact <br /> Title Title <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 /> (206)676-4200 <br /> ' CITY OF EVERETT CONTRACT <br /> FLEMING BICYCLE CORRIDOR 08/18/2022 <br /> FEDERAL AID#CM-0420(027);COE#PW3767 Page C7 of C8 <br /> I <br />