DocuSign Envelope ID: 09l B214E-43C3-46BE-858E-7D244AE75A25
<br /> Bond No. 107232459
<br /> PO#:461001440
<br /> Routing#:20-HA5-ZG-03104
<br /> EXHIBIT B,PERFORMANCE BOND
<br /> KNOW ALL PERSONS BY THESE PRESENTS,That we APC SOUTHERN CONSTRUCTION CO LLC
<br /> of the Countyof Jefferson in the State of Colorado as Principal, and Travelers Casualty and Surety Company
<br /> , p , "f nmari�a
<br /> of Hartford , in the State of CT as surety, are
<br /> held and firmly bound unto the STATE OF COLORADO, in the penal sum of TWENTY-ONE MILLION
<br /> THREE HUNDRED NINETY THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS
<br /> ($21,390,500.00),with interest thereon at the rate of eight percent(8%)per annum,until paid in good and lawful
<br /> money of the United States of America,for the payment whereof,well and truly to be made,we bind ourselves,
<br /> our and each of our heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these
<br /> presents.
<br /> The condition of the obligation is that the Principal and the State of Colorado acting by and through the Principal
<br /> Representative have entered into a certain Contract,dated May 21 12020 , for
<br /> the construction of a project described as Colorado Project No.NHPP 0171-105-20626,located on SH 17(ON
<br /> NHS)SOUTH OF HOOPER TO MOFFAT in Alamosa County in the State of Colorado. The work consists of
<br /> SURFACE TREATMENT AND SHOULDER WIDENING; said work of construction to be done according to
<br /> the requirements of said contract;
<br /> NOW THEREFORE,if the said Principal shall at all times duly and faithfully discharge its,his or their duties
<br /> under said contract,and shall duly and faithfully perform all the obligations thereof,and shall and will indemnify
<br /> and save harmless the State of Colorado, and all persons as provided by the Statutes of the State of Colorado,
<br /> from any and all damages or loss which the said State of Colorado or any persons as provided by the Statutes of
<br /> the State of Colorado may or shall suffer by reason of the default of the Principal or anyone acting for him as sub-
<br /> contractor or otherwise in the performance of this contract,or by reason of any failure on the part of said Principal,
<br /> his agents, servants or employees, his sub-contractor or sub-contractors, or any of them, in the performance of
<br /> said contract or any portion thereof,these presents shall become void, otherwise to be and remain in full force
<br /> and 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 tetras 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.
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