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Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. Aa310 KNOW ALL MEN BY THESE PRESENTS, That we, APAC-TEXAS, INC., BUSTER PAVING DMSION as Principal herinafier called the Principal, and LIBERTY MUTUAL INSURANCE COMPANY a corporation created and existing under the laws ofthe State of MASSACHUSETTS whose principal office is in BOSTON asSurety, hereinafter called the Surety, are held and firmly bound unto CITY OF PAlRS as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars ($ 5% GAB ) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for 2002 CITY STREET HMAC OVERLAY PROGRAM NOW, THEREFOR. E, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or enntract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty heranf between the amoum specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in fall force and effect Signed and sealed this 2nd day of July~ 2002 LIBERTY MUTUAL INSURANCE COMPANY (SEAL) ARomcy-in-fact