Opening of Bids - Three Twenty at the Cascade Site Utilities Project No 118-074D - HRP Construction Inc

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O.....,rAIA Document A31 OTM -2010 Bid Bond CONTRACTOR: (Name, legal status and address) HRP Construction Inc. PO Box 266 South Bend, IN 46624-0266 SURETY: (Name, legal status and principal place of business) Fidelity and Deposit Company of Maryland Baltimore, MD OWNER: (Name, legal status and address) City of South Bend Board of Public Works County -City Building Room 1316, 227 West Jefferson Blvd South Bend, IN 46601 BOND AMOUNT: Five Percent of the Total Bid PROJECT: (Name, location or address, and Project number, if any) Three Twenty at The Cascade - Site Utilities; Project No. 118-074 D This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered 5% of Total Bid plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 12th day of November 2018 Il Cta_..,•Ita .. .. ........... .............. �w.) n Krak , Sec / T r e a s w.. m....� (p tp ) (Seal) (Witness) y r e r (Title) Matthew D. Cain, P sident Fidelity and Deposit Company of Maryland (Surety) ... _ tom... y -..__..m _ .... y ...... _._ Seal (w .tness) (Tit' Jertnifcr L Kasattta, tomey in Fact CAUTIOW You sllhmotfld sliigi ni ain oirigilurnal AIA Contract IlDocunteint„ 6A wilhith this text appeator:� 1lini RED. Ain orlighnal a s w Tres that changes wliillllll net the obsctam°stet. reserved.wAP'IladC. This AtAn� 2010. Copyright 'tp03a 1970 and 010 by The American Institute of Architects, All rights Init. Document � AlA D.�... , ...rr.r�, g Oocurnei ut Ms protected by U.S Copyright Law and Illrnteinnationaalll t irreeaeaasa tlimnmwihoiqfr:ed reproduction or d1stribuon of Pohl AIAOO DOCU" ent, or any Ipnoi tllon of lt, may resuilit Ilirn severe aalinw 1 arrnidl crlmlinai Ipoi naaitles, ainnd wllllllll Ihe: pirrosecauted to the imanallrm urnn extent poaasffille aumndeir the law, Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright vlolatlons of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110