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(EXECUTED IN TRIPLICATE) <br />PE>EZFOI~IANCE BOND <br />TRAVELERS BOND NO.: 105284327 <br />LIBERTY BOND NO_ 190-021-392 <br />CONTRACT 2010-00001 <br />JOB #4581 & 4610 <br />KNOWALLMENBYTHESEp)(t,ESEN'I'S,Thatwe MORSE BROS., INC. DBA KNIFE RIVER , <br />as principal, and LIBERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , aS Surety, aze jOlntiy and <br />severally held and bound unto the CXTX Ok' EUGENE, in Lane Gounty in the sum of: $ 543,004.30 <br />( FIVE HUNDRED FORTY THREE THOUSAND FOUR DOLLARS A~In THIRTY C;FNT~********* ) <br />for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or <br />successors and assigns, firmly by these presents. <br />THE CONDITION OF THIS BONA IS SUCH that, whereas the said principal herein has made and entered into a <br />certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the <br />applicable plans, Standard Specifications, Special Specifications, and schedule of contract prices, is by this reference <br />made a part hereof, whereby the said principal agrees to do in accordance witty the certain terms, conditions, <br />requirements, plans and specifications which set out in said contract and all- authorized modifications of the contract <br />which increase the amount of the work and the amount of contract. Notice to the surety of any of the immediately <br />foregoing are waived. <br />NO'~V, THE7EtEFORE, if the principal herein shall faithfully and truly observe and comply with fine terms, conditions <br />and provisions of the said contract, in all respects, and shall well and truly and fully do and perform all matters and <br />things by him undertaken to be performed under said contract, upon the terms set forth therein, and within the time <br />prescribed thereiza, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF <br />EUGENE, its officers, employees, and agents, against any direct or ixidireet damages of every kind and descriptiort <br />that shall be suffered oz claimed to be suffered in connection with or azising out of the performance of the said <br />contract by the said Cozttractor or his Subcontracts and shall in all respects perform said contract according to law, <br />then this obligation is to be void, otherwise to remain in full force and effect. <br />Nonpayment of the bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for the <br />payment thereof <br />WITNESS our hands this AND day of JULY , 20 09 <br />MORSE BROS., INC. DBA KNIFE RIVER <br />Pzi>acipal <br />By-~ _, <br />Authorized Official igx~,a a PHEN FREY <br />SSISTANT SECRETARY <br />By <br />Authorzed Official Signature <br />Principal <br />By_ <br />Authorized Official Signature <br />Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA <br />~~ ~ <br />By <br />HEIDI L, SMIT Agent ATTORNEY-IN-FACT <br />By <br />Authorized Official Signature <br />SURETY LIBERTY M TUAL INSURANCE COMPANY <br />By _ <br />Attorney-in-Fact HEIDI L. SMITH <br />(A Power of Attorney for <br />theAttorney-in-Fact must; <br />be attached to this Bond) <br />i, <br />Surety's Seal must be Affixed <br />