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M <br />OTM <br />,Vlml, <br />141.,VAIA Docu�ment A31 - 2010 <br />CONTRACTOR: <br />SURETY: <br />(Name, legal status and address) <br />(Name, legal status and principal place <br />of business) <br />R & R Excavating, Inc, <br />2010 Went Avenue <br />Merchants Bonding Company (Mutual) <br />This document has important legal <br />Mishawaka, IN 46545 <br />West Des Moines, IA <br />consequences. Consultation with <br />OWNER: <br />an attorney is encouraged with <br />(Name, legal status and address) <br />respect to its completion or <br />City of South Bend Board of Public Works <br />modification. <br />County -City Building Room 1316, 227 West Jefferson Blvd <br />Any singular reference to <br />South Bend, IN 46601 <br />Contractor, Surety, Owner or <br />BOND AMOUNT: <br />other party shall be considered <br />Five Percent of the Total Bid <br />5% of Total Bid <br />plural where applicable. <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />2017 Demolitions, Phase 2; Project No. H 7-121 <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 8th day of December 2017 <br />R & R Excavatinriz, Inc. <br />Princi al) (Seal) <br />(Witness) <br />(Title)Williaut Loudin, Vice President <br />Merchants Bonding Company (Mutual) <br />........... . <br />. ...... . ............... . (Surety) (Seal) <br />C7, <br />(Witness) <br />f ia,'Attor n Fact <br />(Title) fenr,)i" I.. Kaszlfrii �eO <br />CALITIOW YOU SIIOUW Ms grl aMo original AIA Contract Docurnient, wi w(, , c,Mfils text appears In IRED, An odgina$ assuires that <br />changes WH not Ihe obscured. <br />AlA Document A31OTm — 2010. Copyright 0 1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARMNG:� This AIA" <br />Doc,ument is protected by U.S. Capydght Law and WeniaU anal'irreaties. Unauthodzed reprodurVon or WstrRpution of this A10" Document, au <br />any portJort of it, unay resiipit in severe clvff and cHnInM paiwalities, and vvW The prosecaited to Me, vnaxhnum extent possible undeir the Ilaw. <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, copydght@aia,org, 061110 <br />