2009-05-15_PERMIT FILE - M2009023 (2)

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Jul-26-99 17:02 From-NIELSONS 9705650180 T-242 15.04/01 F-in Bond Ntmaber 21-68-31 Page 8 State of Colorado Department of Transportation PERFOPMA.NCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Nielson's Inc. of the County of Moatezuma, in the State of Colorado as principal, and tmeri.can Home Assurance Compaa?--_ of NY ----- - in the Stato of ----------------- surety, -------- DIY __ __ as are held and firmly bound unto the STATE OF COLORADO, in the penal sum of FIFTEEN MILLION EIGHT HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED DOLLARS (S15,837,600.00), with interest thereon at the rate of tight per cent (8%) per annum until paid, in good and lawful money of the United Statcs of America, for the payment whereof, well and truly to be made, we bind ourselves, our and each of our heirs, administrators, executors, successors and assigns, jointly au4 severally, firmly by these presents. The condition of the obligation is that the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, dated , 1999, for the construction of a PROJECT described as Colorado Project No_ NIi 1601.046, located an US 160 beginning 11 miles east of the Town of Maucos and extending approximately 14.3 miles easterly to the Durango City Limit in La Plata County in the State of Colorado. The work consists of pavement rehabilitation, resurfacing and intersection improvement; said work of construction to be done according to the requirements of said contract; NOW THEREFORE, if the said Principal shall at all times duly and faithfully discharge its, his or their duties under said contract, and shall duly and faithfully perform all the obligations thereof, and shall and will indemnify.and save harmless the State of Colorado, and all persons as provided by the Statutes of the State of Colorado, from any and all damages or loss which the said State of Colorado or any persons as provided by the Statutes of the State of Colorado may or shall suffer by reason of the default of the Principal or anyone acting for him as sub-contractor or otherwise in the performance of this contract, or by reason of any failure on the part of said Principal, his agents, servants or employees, his sub-contractor or sub- coutFaetors, or any of them, is the performance of said contract or any portion thereof, these presents shall become -void, otherwise to be and remain in full force and effect. THE STATE OF COLORADO shall be under no obligation, except as expressly provided by statute, to withhold any sums due the said Principal under the terms of this contract, or to protect in any other way the surety or sureties, claimants or others- cuor Fwm a kos