PERFORMANCE BOND <br />CONTRACT #2009-00006 <br />BOND NO 105125776 JOB #4376 <br />Babb Construction Co, dba Delta Construction Co., <br />KNOW ALL MEN BY THESE PRESENTS, Ihat we dba Delta Concrete <br />as principal, and Travelers Casualty & Surety Company of America , a5 surety, are j ointly and <br />severally held and bound unto the CITY OF EUGENE, in Lane County in the surn of: $ 438,951.08 <br />l Four Hundred Thirty Eieht Thousand Nine Hundred Fifty One and 08/100 dollars 1 <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 BOND 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 with 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 az•e waived.. <br />NOW, THEREFORE, if'the principal herein shall faithfully and trulyobserve and complywith the terms, conditions <br />and pzovisions 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 therein, 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 dir ect or' indirect damages of every kind and description <br />that shall be suffered or• claimed to be suffered in connection with or arising out of the performance of the said <br />contract by the said Contractor 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 28th day of August , 20 ns <br />Babb Construction Co, dba Delta Construction Co., <br />dba Delta Concrete <br />Principal U ~, Principal <br />gci Stearc.•~ ,Cr. p.e„ <br />By Trcyr a Ta ~sn, Vice President By <br />Authorized Official Signature Authorized Official Signature <br />By __ <br />Authorized Official Signature <br />By <br />Authorized Official Signature <br />~~~~ <br />Surety Travelers Casualty & Surety Company of America $y I~'.,ltd..~ ~- ///L,~ Cl~- z ~,.. <br />Attorney-in-Fact Rachel A. Mullen <br />By ABD Insurance & Financial Services <br />Agent <br />(A Power of Attorney for <br />the Attorney-in-Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />