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Bond No. 107131802 <br /> PO#:461001352 <br /> Routing#: 20-HA4-ZG-03040 <br /> EXHIBIT C, PAYMENT BOND <br /> KNOW ALL PERSONS BY THESE PRESENTS, That we A & S CONSTRUCTION COMPANY of the <br /> County of Fremont,in the State of Colorado as Principal,and Travelers Casualty* of Hartford <br /> in the State of CT as surety, are held and firmly bound unto the STATE OF COLORADO, <br /> in the penal sum of SEVENTEEN MILLION TWO HUNDRED EIGHTY THOUSAND DOLLARS AND ZERO <br /> CENTS ($17,280,000.00), with interest thereon at the rate of eight percent(8%) per annum, until paid in good <br /> and lawful money of the United States of America,for the payment whereof,well and truly to be made,we bind <br /> ourselves, our and each of our heirs, administrators, executors, successors and assigns,jointly and severally, <br /> firmly by these presents. <br /> The condition of the obligation is that the Principal and the State Colorado acting by and through the Principal <br /> Representative have entered into a certain Contract,dated "Uademd,s,M2 c2 a ,5or <br /> the construction of a project described as Colorado Project No.STA 11-018-20853,located on SH 71 SOUTH <br /> OF LIMON STRUCTURES AND RESURFACING in Lincoln County in the State of Colorado. The work <br /> consists of RESURFACING OF SH 71 MP 63.8 • 100.9 WITH STRUCTURE REPAIR; said work of <br /> construction to be done according to the requirements of said contract; <br /> NOW THEREFORE, if the said Principal,his sub-contractor or subcontractors,and each and all of them,shall <br /> duly pay for all labor,materials,and other supplies used or consumed in the performance of the work contracted <br /> to be done or any part thereof,and if the said Principal shall also fully indemnify and save harmless the State of <br /> Colorado,and all persons as provided by the Statutes of the State of Colorado, from any and all damages or loss <br /> which the said State of Colorado or any persons as provided by the Statutes of the State of Colorado may or shall <br /> suffer by reason of the default of the Principal or anyone acting for them as sub-contractor or otherwise in <br /> connection with such payments, these presents shall become void, otherwise to be and remain in full force and <br /> effect. <br /> THE STATE OF COLORADO shall be under no obligation, except as expressly provided by statute, to <br /> withhold any sums due the said Principal under the terms of this contract,or to protect in any other way the surety <br /> or sureties.claimants or others. <br /> No representation or statement of the Principal made to the surety or sureties in application for this bond, or <br /> otherwise,shall be read into or be a part of this bond or binding in any way on the obligee herein. <br /> No assignment by Principal to surety of the proceeds of such contract shall be binding,except as to any net surplus <br /> after paying all claims chargeable by law or by said contract,against the proceeds thereof. <br /> No extension of time of performance of said contract or delay in the completion of the work there under shall <br /> invalidate this bond or release the liability of the surety there under. <br /> This agreement shall not be deemed valid until it shall have been approved by the Controller of the State of <br /> Colorado,or such assistant as he may designate. <br /> and Surety Company of America <br /> Document Builder Genermed Page 35 of 55 Version 0819 <br />