Opening of Bids - Liberty Tower TIF Project Proj No. 123-054 - D.C. Byers Company

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Document A31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Name, legal status and address) D.C. Byers Company/Detroit, Inc. 14495 East Eight Mile Warren, MI 48089 OWNER: (Nacre. legal stains and address) City of South Bend Board of Public Works 227 West Jefferson Blvd. South Bend, IN 46601 SURETY: (Name, legal status and principal phnce of l)-blew) Atlantic Specialty Insurance Company 605 Highway 169 North. Suite 800 Plymouth, MN 55441 Mailing Address for Notices BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (,Panne, location or address and Project number. ifagt) Liberty Tower TIF Project - Parking Garage 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 plural where applicable. The Contractor and Surety are bound to the 0%wncr in the amount set forth above, for the payment of which the Contractor and Surety bind thenisclvcs, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided heroin. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such tittle period as may be agreed to by the O%wncr and Contractor, and the Contractor either(l) enters into a contract %vith the O%Viler in accordance %with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, pith 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 paynicnt of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the ditTcrctice, not to exceed the amount of this Bond, between the aniount specified in said bid and such larger amount for which the Owner finny in good faith contract with another party to perlonil the %work covered by said bid, then this obligation shall be null and Void, otherwise to remain in Itdl lorce and ellecl. The Surciy hereby %%•uiwes any notice of an agrccnlcnt tx hwccn the Owner and Contractor to extend the time in which the Owner may accept the bid. *uiver ol'notiec by the Surety shull not apply to any extension execeding %imv (00) days In the uggreaate beyond the tinic I'm acceptance of bids.spcelllcd in die bid doatiment%, and the Owner and Contnlclor tihull obtain the Surcly''s consent hhr an extcrtsion beyond sixlY (iitf) days. if this Bond is issued in connection with a subcontractor's bid ton Contractor, file term Contractor in this Bond shall be deemed to be Subcontractor and the term Ow'ncr shall be deemed to be Contractor. When this Bond has been liunished to cuniply with a statutory or other legal requirement in the location of the Project, any provision in this Bond coullictinu %%iih said statutory or legal requirement shall he deemed deleted herciiom and provisions cunl'unning to such statutory or tither legal requirement shall be deeined Incorriorlited herein. Whun do lamished, the intent Is that this Bond tihull be Construed us a statutory bond and not as a common law bond. Signed and scaled this 26th day of September, 2023. D.C. Byers Company/Detroit, Inc. _ (principal) (Bert!) ill'iwv ) Kathy W Ic I _ 177 - Harshbar er s4l�zf� 1 - m Atlantic Specialty Insurance Company (.Seal) JQ� •�ct%PDP Pe M rit'itntmv) Shannon Nyhuis "` SEAL.m. 1966 o£ (Tide) Beth al er, Attorney -in- act S•00541AS 8tt0