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Document A31 OTM -2011 <br />CONTRACTOR: <br />(Naine, legal staftis and address) <br />Wilburn Construction Company, LLC <br />115 William Street, Suite 210 <br />South Bend, IN 46601 <br />OWNER: <br />SURETY: <br />(jVame, legal status and principalplace <br />of business) <br />Old Republic Surety Company <br />445 S. Moorland Road, Suite 200 <br />Brookfield, WI 53201 <br />(iVaine, legal status and address) <br />Board of Public Works, City of South Bend, IN <br />1316 County - City Building <br />South Bend, IN 46601 <br />BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** <br />PROJECT: <br />�Nciiiie, location or address, and Project number, if any) <br />orris Bistro/Paialls Lobby Improvements <br />This document has important legal <br />consequences. Consultation with <br />an attorney is encouraged with <br />respect to its completion or <br />modification. <br />Any singular reference to <br />Contractor, Surety, Owner or <br />other party shalt be considered <br />plural where applicable. <br />The Conti -actor and Surety are bound to the Owner in the amount set forth above, for the payment of which the <br />Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and <br />severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor <br />within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and <br />Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such <br />bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted <br />in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract <br />and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the <br />difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount <br />for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this <br />obligation shall be null and void, otherwise to remain in full force and effect, The Surety hereby waives any notice of <br />an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of <br />notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for <br />acceptance of bids specified in life bid documents, and the Owner and Contractor shall obtain the Surety's consent for <br />an extension beyond sixty (60) days. <br />If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall <br />be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <br />When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, <br />any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted he�refrom and <br />provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so <br />furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. <br />=a sealed sill" day of December 2017 <br />Wilburn Construction Company, LLC <br />(Principal) I (Seal) <br />l(Witness) <br />(Title) <br />Old R!jLmbi urety Conpany <br />C�ap (Se a/) <br />(Title) 'Z4-- <br />Todd/ A. Schaao, Attornev-in-Fact <br />AIA Document A31OT" —2010. Copyright Q 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING. Th Is AIA' <br />(nit. Document Is protected by U.S. Copyrig [it Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or <br />any portion of It, niay result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tho, law. <br />Purchasers are permitted to reproduce too (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail <br />The American Institute of Architects' legal counsel, copyright@aio.org, D51110 <br />