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VAIA Document <br />31 OTM - <br />,, <br />CONTRACTOR: SURETY: <br />(Nance, legal status and address) (Nape, legal slahis and principal place <br />Indiana Earth, Inc. of business) <br />10343 McKinley Highway <br />North American Spedaity Insurance Compa <br />North document has important legal <br />Osceola, IN 4ti561' <br />650 Elm Street consequences. Consultation with <br />Manchester, NH 03101 <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 <br />n7odlttoati0n. <br />227 West Jefferson Boulevard <br />Any singular reference to <br />South Bend, IN 46001 <br />Contractor, Surety, owner or <br />BOND AMOUNT: ***FIVE PERCENT OF <br />AMOUNT' BID*** other party shall be considered <br />plural where applicable. <br />PROJECT: <br />((NNeittie, location or- address, and Project number, l(any) <br />load Project - Colfax Ave and LaSalle <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 Band 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 (I) 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 (6'0) 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 <br />furnished, the yntent is that this <br />Signed an <br />,#'sealed this <br />iry or other legal requirement shall be deemed incorporated herein. When so <br />shall be construed as a statutory bond and not as a common late bond. <br />day of April Rol <br />Indiana , I <br />(Princlpai) tc)L fieF"' (,Seal) <br />(Title) <br />el <br />North Americ ti Specialt 4urance Company <br />(Surety) (Seal) <br />(Title) <br />Todd Sch,aaD. Attornev-in-Fact <br />init. AIA Document A31011 -� 2010. Copyright (b 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: Thls At <br />Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized' reproduction or distribution of this AIAO 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 />t 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@aoa.org. OSrr Ac <br />