Change Order No 3-PCA - Ravina Park Bowman Creek Stabilization Project No 117-073A - Williams Creek Management Corporation

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MERCHANT77�k BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IowA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; Bond No. INC60194 That Williams Creek Management Corporation �.� a.... of Plainfield, Indiana as Principal, and the. .. y Merchants BondingnC onij)a iUl�utu 1) asSuretyare held and firmly bound unto tine < it of'South '.Bend Indiana, Boar of I" RIZ Wks 227 West Jefferson Blvd., South Bend, IN 46601 y in the penal sum of wentyFour Thousand Six Hundred Fourteen and 37/100 _ ($241614,37 DOLLARS, lawful money of the United States of America, for the µpayment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of January 2019 WHEREAS, the Principal entered into a certain contract, dated the 24th day of July 2018 with the City of South Bend, Indiana, Board of Public Works to furnish all the material and labor necessary for the construction of Ravina Park Bowman Creek Stabilization; Project No. 117-073A in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of three (3) . years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of South Bend, Indiana, Boaof Public Works as aforesaid; ...........�...._....rd .._.... ...... W-...._ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of -three (3) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Williams Creek Manag went Corporation Principal By. Approved _.. -" — By Merchants Bonding Company (Mutual) y_.._.._ ......w CON 0304 (2/15) Robert E Sherfick, Attorney -in -Fact