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AIA Document A310 — 2010 <br />OTM <br />a e e <br />CONTRACTOR: <br />(Name, legal status and address) <br />R & R Excavating, Inc. <br />2010 Went Avenue <br />Mishawaka, IN 46545 <br />SURETY: <br />(Name, legal status and principal place <br />of business) <br />Merchants Bonding Company (Mutual) <br />Des Moines, IA <br />OWNER: <br />(Name, legal status and address) <br />City of South Bend Board of Public Works <br />County -City Building Room 1316, 227 West Jefferson Blvd <br />South Bend, IN 46601 <br />BOND AMOUNT: <br />Five Percent of the Total Bid ( 5% of Total Bid <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />Demolition of Vacant and Abandoned Houses, Phase IX; Project No. 116-074 <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 <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 Contactor 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 />famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. <br />Signed and se W this 17th day of <br />I <br />rtness ll f <br />(Witness) <br />August 2016 <br />R & R Excavating, Inc. <br />(Principal) , , , (Seal) <br />(Seal) <br />(1itlb4�William J. Ceme , III, Attorney c <br />CAUTION: You should sign an original AIA Contract Document, on which this text appea in RED. An original assur s that <br />changes will not be obscured. <br />Init. AIA Document A310TM —2010. Copyright C 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This A10 <br />Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction ordistribution of this AIA® Documen% 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. oemu <br />