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HomeMy WebLinkAboutChange Order No. 2-Project Completion - Chippewa Avenue Emergency Repairs Proj No 116-083F - JCI Bridge Group Inc.0 `e�Ore� ' X�rn log ._ R _ hiu .. Bond No: 9248698 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we JCI Bridge Group, Inc. hereinafter called Principal, as Principal, and Fidelity and Deposit Company of Maryland a corporation of the State of MD Owings Mills , MD , hereinafter called Surety, as Surety, are held and firmly bound unto City of South Bend Indiana Board of Public Works hereinafter called Obligee in the sum of Eighteen Thousand Eighty Five Dollars and 331100 $18,085.33 DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 2nd day of Ma , 2017 WHEREAS, the Principal entered into a contract with the said Obligee, dated October 25, 2016 _ T for Chippewa Avenue Emergency Repairs, Project No. 116-083F and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and t�, t WHEREAS, said contract was completed and accepted on the �' � day of A 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of three (3) years from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void: otherwise it shall be and remain in full force and effect. JCl Brid ST• By: Y Fidelity and De David M. Oliger Terry R. CON800I OZZ0601 f Of Bond Number 9248698 City of South Bend, Indiana Board of public Obligee: Works ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Terry R. Hurst , its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at ifs office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland,, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and axed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22"1 day of July, A.D. 2015. ATTEST: By: Michael P. Bond Vice President Z By: Uric D. Barnes Secretary State of Maryland County of Baltimore V.AIR4 C114-IMALMA 11ZaT.R.8 R6Ytlitil>;fa7.owtTiv V. i" COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND BEAD �� On this 22nd day of duly, A.A. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Erle D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporato Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and•subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of May 2017 'wu otror� AIR+NtHsr,'`��� HI y�yky� A�t't Gerald R Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Final Waiver of Lien /State of Indiana, County of ! el iv/ le SS: 4_4 d.. r .Z n A,*'� ......... ......_ being duly sworn that helshe is the (,Name Officer) T (Title.) Of of �'� .�?l��e—"—��a�'dr /.a c , having contracted with � y e � W�7r!�h ,&? (Cant acf' tux) (Owner) tokraishcertainmaterials andtorlabor its follows; ruU_r(ie'l GJjvP/ e t r Ju17 (Descrip on) for a project known as located at IAJ and owned by and doss hereby f'iu Cher state on the behalf ofthe aforementioned suboontraotar/supplier; (PARTIAL WAMR) that there is due from the Contractor the sure of ❑ receipt of which is hereby aoluiowledged; or " Dollars (� ) Q fire payment of which lies boon promised as the sole consideration for (his Affidavit and Filial Waiver of Menwhich is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; ow'l r r (FINAL ,,,.,1WAIVER) that the final bal/ance � /due from the eor&*d0 ,c the sum of&1/4421 6� - A [] iremipt of which is hereby aclmowledged; or the payment of which has been promised as the 3010 consideration for this Affidavit and Final Waiver of Lien which shall become affective onlyupon.xecelpt of such payment, TI-JEREFORB, the tMerslgrrod valves and releases unto the Owner of said premises, any and all liens or claims whatsoever on the above -described property and improvements thereon Em account of labor or material or both, furnished b the U dersigued theroto, subject to limitations or conditions expressed herein, if any; and further cortifted that no other party has any claim or right to a lies: on account of any work performed or material furnished to the undorsigned for sold project, and within the scope of this Affidavit and Waiver of Lien. lei By irm) r (A thorizedlt tative) STATE OF 1NDIAAIA ) I_G Pat{C ) SS: •.s�3es�oUNr� ) Before me, die undersigned, a Notary Public, In and for sold County and State, personally appeared 419 and aoknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WI RE3F, I Dave hereunto subscribed my name and affixed my official seal on the day of N Publio Slgri My Commission Expiros: Residing , in 1��1(�ovsc�5' County, Notary Public NameJOHN CONWAY No wy Pubis Sk � t tom; �o,Aa* Gommlatlali EriRhbe,t11 �0, J '�. �_ .�f�. I�e,x"��_6.�.�.&1 �3 - s,�R.iGri ei a��!.�_d� '�.�,�-.�!�:��_,� �._��,;,.��ig ::�„��a,�, .ice€� :� —� �—