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UUUU01y1I CI IVCIUpC IU.9OI1yUNUU-L/L.74U1i4-.74JC-hLrLU40DJ I D9 <br /> PO#:461001992 <br /> Routing#:23-HA2-ZG-00069 <br /> Bond No.: 107706371 <br /> EXHIBIT B, PERFORMANCE BOND <br /> KNOW ALL PERSONS BY THESE PRESENTS,That we A&S Construction Co.of the County of Fremont,in the <br /> State of Colorado as Principal,and Travelers Casualty and surety company of America <br /> of one Tower square, Hartford, CT ,in the State of CT <br /> as surety,are held and firmly bound unto the STATE OF COLORADO,in the penal sum of THIRTEEN MILLION <br /> TWENTY-THREE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS($13,023,100.00),with interest <br /> thereon at the rate of eight percent(8%)per annum until paid,in good and lawful money of the United States of America, <br /> for the payment whereof,well and truly to be made,we bind ourselves,our and each of our heirs,administrators,executors, <br /> successors and assigns,jointly and severally,firmly by these 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 2/2/2023 for the construction <br /> of a project described as Colorado Project No. STR 096A-050(24193),located in the Kiowa County in the State of <br /> Colorado. The work consists of road and or bridge construction identified in the Project Special <br /> Provisions, Project Standard Provisions, and in the Project Plans and Specifications; said work of <br /> construction to be done according to the requirements of said contract; <br /> NOW THEREFORE,if the said Principal shall at all times duly and faithfully discharge their duties under said contract, <br /> and shall duly and faithfully perform all the obligations thereof,and shall and will 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 which the <br /> said State of Colorado or any persons as provided by the Statutes of the State of Colorado may or shall suffer by reason of <br /> the default of the Principal or anyone acting for him as sub-contractor or otherwise in the performance of this contract,or by <br /> reason of any failure on the part of said Principal,his agents,servants or employees,his sub-contractor or sub-contractors,or <br /> any of them,in the performance of said contract or any portion thereof,these presents shall become void,otherwise to be and <br /> remain in full force and effect. <br /> THE STATE OF COLORADO shall be under no obligation,except as expressly provided by statute,to withhold any sums <br /> due the said Principal under the terms of this contract,or to protect in any other way the surety 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 otherwise,shall <br /> 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 after <br /> 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 invalidate this <br /> 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 Colorado,or such <br /> assistant as he may designate. <br /> Exhibit B Page 36 of 58 <br />