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.Mate ol Colorado <br />PROJECT: COAL BASIN WASH PLANT DEMO <br />5% of the amount bid not to exceed NINE THOUSAND AND 00/100 <br />KNOW ALL MEN BY THESE PRESENTS: <br />ATTEST: <br />WHEREAS, <br />J.L. WAGNER CONSTRUCTION, INC. <br />600 HOCKETT DR., CRAIG, CO 81625 <br />hereinafter called the "PRINCIPAL ",is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, <br />hereinafter called the "OBLIGEE ". DIVISION OF MINERALS AND GEOLOGY <br />WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the <br />PROPOSAL a PROPOSAL GUARANTY in an amount not less than five per cent (5 %) of the proposal, which sum it is specifically <br />agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in <br />pursuance of which Requirement, this Bid Bond is made, executed and delivered. <br />NOW, THEREFORE, the Principal and <br />AMWEST SURETY INSURANCE COMPANY <br />P.O. BOX 4500 <br />WOODLAND HILLS, CA 91365 -4500 <br />Bond No. 773338 <br />PROJECT NO. PKA <br />a corporation of the State of NE duly authorized to transact business in Colorado, as Surety, are <br />held and firmly bound unto the Obligee, in the sum of five per cent (b %) of the Principal's total bid price, lawful money of the United <br />States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, <br />administrators, successors and assigns, jointly and severally, firmly by these presents. <br />FURTHER THAT, a condition of this obligation is such that the principal shall maintain his Proposal in full force for thirty (30) <br />days after the opening of the proposals for this project, or, if the Principal's Proposal is accepted, the Principal shall, within the <br />prescribed time, execute the required Agreement. furnish the required Performance Bond, Labor and Material Payment Bond, Insurance <br />Policy, and Certificates of Insurance, then his obligation shall be null and void, otherwise it shall remain in full force and effect, and <br />subject to forfeiture upon demand as Liquidated Damages. <br />IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this 21 day of October <br />A.D., 1997. <br />(Corporate Seal) <br />Secretary <br />THE PRINCIPAL <br />J.L. WAGNER CONSTRUCTION, INC. <br />600 HOCKETT DR., CRAIG, CO 81625 <br />Address <br />SIGNATURES: If the "Principal" is doing business as a corporation, the Bid Bond shall be signed by an officer, i.e., President or <br />Vice - President. The signature of the officer signing shall be attested to by the Secretary and properly sealed. <br />If the "Principal" is an individual or a partnership, the Bid Bond shall so indicate and be properly signed. <br />(Corporate Seal) THE SURE <br />AMWEST .URETY INSURANc <br />A`orne - -F <br />KIMBERLY D. JOHNSON <br />THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED <br />State Form SC -6. 14 <br />Issued 9/1/65 (Rev. 7/1/89) <br />FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED <br />POWER OF ATTORNEY WILL RESULT IN THE BIDDERS PROPOSAL BEING DEEMED NON- <br />RESPONSIVE. <br />395 - 061 -01 -6146 <br />