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MEMICInsurance + ampan'est <br />CONTRACTOR: <br />(Name, legal status and address) <br />C & E Excavating, Inc. <br />56767 CR 9 N <br />Elkhart, IN 46514 <br />OIdWNBR: <br />(Name legal status and address) <br />City of Souath Bend! <br />227 WW Jefferson Blvd <br />South Bend, IN 46601 <br />BOND AMOUNT: <br />SURETY: <br />(Marne, legal status and principal place <br />of business) <br />Employers Mutual Casualty Company <br />P.J. Box 712 <br />Des Moines, IA 50306-0712. <br />5% Five (Percent of Amount Bid <br />PROJECT: <br />(Marne, location or address, and Project number, if any) <br />Ironwood drive Pavement Rehabilitation and Intersection, PIN: 1 17-071A <br />This document has important (legal <br />consequences. Consultation with an attorney is <br />encouraged with respect to its completion or <br />modification. <br />Any singular reference to Contractor, Surety, <br />Owner or other party shall be considered! plural <br />where applicable. <br />The Contractor 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 bld of the Contractor <br />within the time specified in the bid documents, olrwithin 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 bid, <br />and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the <br />jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful ,performance of such Contract and for <br />the prompt payment of labor and material furnished In the prosecution thereof; or (2) pays to the Owner the difference, <br />not to exceed the amount of this Bond, between the amount specified In said bid and such larger amount for which the <br />Owner may in good faith contract with another party to perform the work coveredby said bid, then this obligation shall <br />be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement <br />between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the <br />Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids <br />specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond <br />sixty (60) days. <br />if this Bond is issued In connection with a subcontractor's bid to a Contractor, the terra 'Contractor in this Bond shall be <br />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 herefrom 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 />Signed and sealed this 27th day of February, 2018 <br />C & E Exca t'ng Inc. <br />�.. (Principal Gear) <br />By <br />(Title) <br />Employers Moual Casualty Co! palny <br />i 9 <br />(Suretd "" , r,+ <br />aq�.5 r�Bgr <br />( r'tness) gya .ter G <br />( ltle r racie Mouse Attorney it: <br />!nit. 0(111110 <br />This document conforms to the wording and provisions of the AIA A810-2010 bond form. <br />