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of A31 0"' - 20110 <br />Conforms with The American Institute of Architects AIA Document 310 <br />CONTRACTOR: <br />(Name, legal status and address) <br />Ziolkowski Construction, Inc. <br />4050 Ralph Jones Drive <br />South Bend, IN 46628 <br />OWNER: <br />(Name, legal status and address) <br />City of South Bend, Board of Public Works <br />227 West Jefferson Boulevard <br />South Bend, IN 46601 <br />SURETY: <br />(Name, legal status and principal place of business) <br />Liberty Mutual Insurance Company <br />175 Berkeley Street <br />Boston, MA 02116 <br />State of Inc: Massachusetts <br />BOND AMOUNT: Five Percent of Amount Bid (5%) <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />WWTP Administration Building Masonry Improvements, Project No. 118-087 <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 shall be considered <br />plural 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 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 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 covered by said bid, then this obligation shall <br />be null and void, otherwise to remain in lull force and. effect. The Surety hereby waives any notice of an agreement <br />between (lie Ownerand Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the <br />Surely 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 term 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 11th day of December 2018 <br />(Witness) arnon ei e"� nGach <br />( ltne a) John g Johnson <br />Ziolkowski Construction, Inc <br />(P ineipal 4 (Seal) <br />(Title) Bill Favors, President <br />l ibert M al instrance Ccatr art <br />(S <br />a Y) (Seal) <br />XM� <br />(Title) Adrienne C. Stevenson, Attorney -in -Fact <br />