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AIA Document A31 OTM -2010 <br />CONTRACTOR: <br />(yVaine, legal status and adclress) <br />Ziolkowski Construction, Inc. <br />4050 Ralph Jones Drive, <br />South Bend, Indiana 46628 <br />OWNER: <br />(Xame, legal status and address <br />) <br />City of South Bend, Board of Public Works <br />227 West Jefferson Boulevard <br />South Bend, Indiana 46601 <br />BOND AMOUNT: <br />SURETY: <br />(A'anie, legal status and principal place <br />ofbitsiness) <br />Liberty Mutual Insurance Company <br />175 Berkeley Street <br />Boston, MA 02116 <br />Five Percent of Accompanying IBrod (5% of Accompanying Bid) <br />PROJECT: <br />(Alame, location or address, and Project number, ij'ony) <br />Vietnam Veterans Memorial Relocation <br />Project INo, 1 17-047-A <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 aniourit 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 Owneraccepts 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 SLICII <br />bid, and gives such bond or bonds is 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 />differeence, 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 peirforin die work covered by said bid, then this <br />obligation shall be D1111 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 Surely 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 flus 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 herefroin 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 suitutory bond and not as a common law bond. <br />Signed and seated this 22nd day of May, 2018 <br />.2,- , Rs- ji ra <,,L <br />(I'Vitness) Shannon Reidenbach <br />(iltitaess) John K./Jollus'on <br />Zio4kowski Construction, Inc. <br />(7 , NO Bill Favors, President <br />Libedy..Mutual Insurance Compar.1v <br />(V . . . . ...... —) (Seal) <br />Adrienne C. Stevenson, Attorney -in -Fact <br />