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PERFORMANCE BOND <br />BOND NO. 105264889 <br />Contract #2009 -00030 <br />Job #4546 <br />KNOW ALL MEN BY THESE PRESENTS, That Babb Construction co. dba Delta Const. Co. <br />we dba Delta Concrete. <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 $ 2.120.407.20 -- <br />( Two Million One Hundred Twenty Thousand Four Hundred Seven and 20/ 100-- = -------- ---------- Dollars ----- ) <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 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 24th day of June <br />Babb Construction co. dba Delta Const. Co. <br />dba Delta Concrete <br />Principal <br />20 09 <br />Principal <br />By a!! V-P_ <br />Authorized Official Signature <br />By <br />Authorized Official Signature <br />By By <br />Authorized Official Signature Authorized Official Signature,. <br />Surety Travelers Casualty & Surety Companv of. Americy <br />Attorney -in -Fact Debbie Lindstrom <br />By Wells Fargo Insurance Services NW, Inc <br />Agent <br />(A Power of Attorney for <br />the Attomey -in -Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />