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A TM004, - 2 1 0 <br />CONTRACTOR: SURETY: <br />(Name, legal status and address) (Name, legal status and principal place <br />HRP Construction Inc. of business) <br />Fidelity and Deposit Company of Maryland <br />PO Box 266 300 S. Riverside Plaza, Suite 2100 This document has important legal <br />South Bend, IN 46624-0266 consequences. Consultation with <br />OWNER: Chicago, IL 60606 an attorney is encouraged with <br />(Name, legal status and address) respect to its completion or <br />City of South Bend, Indiana, Department of Public Works modification. <br />County City Building Room 1316 Any singular reference to <br />South Bend, IN 46601 Contractor, Surety, Owner or <br />BOND AMOUNT: other party shall be considered <br />Five Percent of the Total Bid 5% of Total Bid plural where applicable. <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />2023 Traffic Calming, Project No. 122-014C <br />The Contractor and Surely 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 the 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 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 5th day of April 2023 <br />(Pr' cipa (Seal) <br />(Witness) Knapik, Vice President <br />(Title) Matthew D. Cain, President <br />Fidelitv and Deposit Comoanv of Marvland <br />.4 pPOq�is <br />(Surety) _ t'SEAL°1-- <br />(Witness) <br />(Title) Zi. <br />er L. Kas nia, A rney-in-Fact -''� <br />r(4ynklnrnNi <br />CAUTION: You should sign an original AIA Contract Document, on whittextappears in RED. An original assures that <br />changes will not be obscured. <br />Init. AIA Document A310- — 2010. Copyright© 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This A10 <br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® Document, or <br />any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. <br />/ Purchasers are permitted to reproduce ten (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@aia.org. 061110 <br />