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1741k VIR wMiffifilDhi ff., M Wh"Ail K <br />IJ <br />: 8:911 <br />CONTRACTOR: <br />(Name, legal status and address) <br />R & R Excavating, Inc. <br />2010 Went Avenue <br />Mishawaka, IN 46545 <br />OWNER: <br />(Name, legal status and address) <br />City of South Bend Board of Public Works <br />SURETY: <br />(Name, legal status and principal place <br />of business) <br />Merchants Bonding Company (Mutual) <br />West Des Moines, IA <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 <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />2019 Demolitions, Phase 2; Project No. 119-079 <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 />5% of Total Bid 1 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 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 18th day of October 2019 <br />R & R Exeavairrmg, Inc. __.__. <br />----- <br />_ <br />(Principal) (Seal) <br />Wil a Lts on r.... .... <br />(Title) ° d �� g i 'S Y � ) <br />erc an -- 4 orn t--- ultaal <br />(Surety),," (Seal) <br />(Title) renifallcr L. Kasmifi, AtiorncyA Fact <br />CALIT101111C gmuoiH slhoiiiilld ding m alum ollitghiai NA Aoinham t III"Diou wuw rnwmttlll mmmt <br />ll.il <br />wl(1 Cf thistext Ill::peai in I tlllll Illt Auni mugiimalll as uiiuies that <br />rlwam e wwt noll Ille olbs1i wliiet <br />_, .. . ............. ................ ..... .......... ....... ..... <br />AIA, Document A 10a — 20M Copyright 1963, 19T0 and 2010 by The American Instllule of Architects. All rights reserved, WAwr9"+�dGgM -rids A1,tR"a <br />Init. llauou uineumt tls pii otact,ed Illuy vt C. Cop,u,yH911u�t Law aind Ilnilllernatuawrat yreat➢es, ttwuauuflhuw, dzed a elmoi➢autban ar disfrtt�rmution olt thl s ARA " tyoc uirterfl, cm <br />airy Ilucu°t on all" ut, inay it°es°miAt in seeam°e ciiiwvlIN and cu°tuauiiiu°umull Ip,u11einattiles„ aind wtlllll Illue tuau,m,s cuuted to thrum, unamriiwnu in a,aalm,surst Ilus„ssiitute wu ndew° tllme taw. <br />p 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. 001110 <br />