Opening of Bids - Two-Way Conversion of Colfax Ave. Phase II Proj No 115-053B - Indiana Earth, Inc.

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04AIA oc ent A310 201 TM _ CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Indiana Earth, Inc. of business) 10343 McKinley Highway North American Specialty Insurance Compa important le his document has al 650 Elm Streetconsequences. Consultation with g Osceola, IN 46561 Manchester, 03101 OWNER: an attorney is encouraged with (tJame, legal status and address) respect to its completion or City of South Bend modification. 227 West Jefferson Boulevard Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** other party shall be considered plural where applicable. PROJECT: 127vame, location or address, and Project number, if any) arthwork - Colfax Ave Phase II The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to su ^h statutory or other legal requirement shall be deemed incorporated herein. When so furnished, thl intent is that l is Bond shall be construed as a statutory bond and n9t as a cape ion 1,^bofld. Signed m3 sealed this / 26th day of , (Title) North Insurance (771le - .,. homas O. Chambers. Attornev-in-Fact AIA Document A310r — 2010. Copyright 0 1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. l Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copydght@aia.org. 051110