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MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 <br />PHONE: (800) 678-8171 FAX: (515) 243-3854 <br />MAINTENANCE BOND <br />KNOW ALL PERSONS BY THESE PRESENTS: Bond No. <br />INC60755 <br />That Selge Construction Company, Inc. <br />2833 S. I Ith Street, of Niles, MI 49120 <br />as Principal, and the Merchants Bonding CouTr an Mutual as Surety are <br />held and firmly bound unto the City ot South Bend, I-nd iana, Board o 'ubis WoiKT, <br />227 West Jefferson Boulevard, South Bend, IN 46601 in the penal sum of <br />One Hundred Nineteen Thousand, Seven hundred Sixty -lour and 81/100 ($119,764.81 ) <br />DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be <br />made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, <br />successors and assigns, jointly and severally, firmly by these presents. <br />Signed and delivered this l lth day of July 2019 <br />WHEREAS, the Principal entered into a certain contract dated the 26th day of June <br />2018.with the City of South Bend, Indiana, Board of Public Works <br />to furnish all the material and labor necessary for the construction of <br />Lincoln Way West and Charles Martin Sr. Drive Improvements <br />Project No. 117-072A <br />in conformity with certain specifications; and <br />WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, <br />guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a <br />period of Three years from the date of acceptance of the work under said contract; and <br />WHEREAS, the above work has been completed and accepted and if not accepted will be automatically <br />accepted upon the filing of this maintenance bond; and <br />WHEREAS, the Merchants Bonding Com an (Mutual) for valuable <br />consideration, has agreed to loin with said Principal in such bond or guarantee, indemnifying said <br />City of Souut�l Mend„ Int 4ma, Board of Public Works as aforesaid; <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does <br />and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said <br />work, within the period of 'I'1'u1'cc years from the date of acceptance of the work under said contract, by <br />reason of bad workmanship or poor material used in the construction of said work, and shall keep all <br />work in continuous good repair during said period, and shall in all other respects, comply with all the <br />terms and conditions of said contract with respect to maintenance and repair of said work, then this <br />obligation to be null and void; otherwise to be and remain in full force and virtue in law. <br />It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications <br />which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be <br />obligated only to assure the maintenance of the work in the condition in which it existed at the time the <br />work was accepted. Any obligation beyond this shall be that of only the Principal. <br />Selge Construction Company, Inc. <br />Principal <br />By <br />Approved Robert Kuhns, Project Engineer <br />By g Company (Mutual) Merchants Bonding � ants <br />CON 0304 (2/15) ' 1. evin Hughes, Attorney -in- 4t <br />