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PERFORMANCE BOND <br /> CONTRACT #2009-00027 <br /> BOND NO. 105104567 JOB #3923 <br /> KNOW ALL MEN BY THESE PRESENTS, 'c'hat we Babb Construction Co., dba Delta Construction Co., dba Delta Concretg <br /> as principal, and Travelers Casualty & Surety Company of America , as surety, are jointly and <br /> severally held and' bound .unto- the CITY OF EUGENE, in Lane County in the sum of: $ 916,940.18 <br /> ( Nine Hundred Sixteen Thousand Nine Hundred Forty Dollars and 18/100. ) <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 EIfGENE 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 /> <br /> .foregoing are waived. <br /> NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the 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 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 direct 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 10th day of June 20 09 <br /> Babb Construction Co., dba Delta Construction Co., dba Delta Concrete <br /> Principal Principal <br /> By ~ By .Troy Hanson: Vice President <br /> Authorize fficial Signature Authorized Official Signature <br /> By N/A By N/A <br /> Authorized Official Signature Authorized Official Signature <br /> Surety Travelers Casualty & Surety Company of America By r~~.~.~.~~,r(' - ~!~L.~,'`'L-.-~- <br /> . Attorney-in-Fact Rachel A.1Vlullen <br /> By Wells Fargo Insurance Services , <br /> Agent <br /> • . (A Power of Attorney for <br /> the Attorney-in-Fact must <br /> be attached. to this Bond) <br /> Surety Seal must be Affixed <br /> <br />