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CONTRACTOR: <br />(Name, legal status and address) <br />Milestone Contractors, L.P. <br />24358 State Road 23 <br />South Bend, IN 46614 <br />OWNER: <br />(Name, legal status and address) <br />City of South Bend <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />BOND AMOUNT: 5% <br />CNA ` RETY <br />Bond No. Bid Bond <br />SURETY: Continental Casualty Company <br />(Name, legal status and principal place <br />of business) <br />151 N. Franklin Street <br />17th Floor <br />Chicago, IL 60606 <br />Five Percent of the Base Bid Plus Any Alternates <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 />PROJECT: <br />(Name, location or address, and Project number, if any) <br />Downtown South Bend to Notre Dame Trail; Hill Street and South Bend Avenue; Project No. 122-040B <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 <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 9th day of J <br />ril 2 4 <br />Milestone Con)r tors, L.P. By Contractors <br />Inc. - General artner <br />(Principal) <br />By: <br />(Title) ustin R Hilary, Director of E <br />Copoental Casualty Company s <br />( rety) �� <br />By <br />(Title) Andrew A. Lanphere, Attorney-ii <br />Printed in cooperation with the American Institute of Architects (AIA).""" d" <br />The language in this document conforms to the language used in AlA Document A310 -Bid Bond - 2010 Edition. <br />