HomeMy WebLinkAboutChange Order No. 2 - Project Completion Affidavit - JMS Building New North Stair Tower Project No 116-098 - HGR Group Inc- + 1
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MERCHANTS 1
BONDING COMPANY,.
MERCHANTS NATIONAL BONDING, INC, 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.
NIN126S
That H.G.R. Group, Inc.
of 209 N. Main Street, South Bend, IN 46601
as Principal, and the Merchants National Bonding, Inc, as Surety are
held and firmly bound unto the CHT07SOuth BendBoard of Public Works, 1316 County7ity Building,
227 W. Jefferson Blvd., South Bend, IN 46601 in the penal sum of
Forty Seven Thousand Eight Hundred Ten Dollars and rxl100 - - - - - - ($47,810.00 )
DOLLARS, lawful money of the United States of America, for the payment 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 15th day of September 2017
WHEREAS, the Principal entered into a certain contract, dated the 25th day of October
2016 with the City of South Bend Board of Public Works
to furnish all the material and labor necessary for the construction of
The JMS Building - New North Stair Tower, Project No. 116-098
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 remed 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 National Bonding, Inc. for valuable
consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said
City of South Bend Board of Public Works as aforesaid;
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.
H. . Group, Inc.
rincipal
Approved Harold Reinke President M
By
CON 0304 (2115)
Merchants National Bonding, Inc.
By _--
J, I vin Hughes, Attorney -in -Fa
MERCHANT
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, Individually,
Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jade M Karst; Jessica K Callahan; Marie E Comparet;
Thomas J VanDyck; Tom McGovern
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the Fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015,
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of July 2017
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MERCHANTS BONDING COMPANY (MUTUAL)
Icy: CJ� 40
MERCHANTS NATIONAL BONDING, INC.
_ 2003 ; , : y 1933 ' c;
By
,•'•.kI '. .••;;Jt��O •.•.�`jIr �1a�
President
STATE OF IOWA •••'`+•+•++r+'+� • • • • •
COUNTY OF DALLAS ss.
On this this 3rd day of July 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;
and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
S ALICIA K. GRAM
,`P�tAL
a
e o q e Commission Number 767430
- - rely Commission expires
• •
�o April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked,
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of September , 2t117
y p�P 04,9
10�0�
2003 ; p+
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y 1933 ; �,
Secretary
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POA 0018 (3117)
Final Waiver of Lien
State oflndiana, County of V, J e,5-14 SS;
1-14ru lcl Ate;"h ke being duly sworn that halsheisthe
(Name of Officer) Title
of IC �rn �r . L n c . having contracted with 0 -'5;"kk %j "
(Contractor) (Owner)
to :furnish certain materials and/or labor as follows;
for it project known as
loosted at A'-4 J! .
and owned by
and does hereby further state on the hchaif ofthe aforementioned subcontractor/supplier:
(PARTIAL WAIVER) that there is due from the Contractor the sum of
Dollars _ (S_ „ . ... . .. .........
❑ receipt of which is hereby acknowledged; or
❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which is given
solely with respect to said amount, and which waiver sball be effective only upon receipt of payment thereof by the
undersigned;
(FINAL WAI V ) that the final balance due from the contractor is the sum of
❑ receipt of -which is hereby acknowledged; or
Mite payment of which has been promised as the sole consideration forthis Affidavit and Final Waiver of Lien which shall
beoatne effective only upon roccipt of such payment.
TFIEREFORE, the undersigned waives and releases unto the Owner ofsaid premises, any and all liens or claims whatsoever
on the above -described property and improvements thereon an account of labor or material or both,, furnished b the undersigned
tharolo, subject to limitations or conditions expressed herein, if any; and further certified that no other party has any claim or right to a
lien on account of any work perfortned or material furnishedto the unders ecl-fer-said jec;zn within the scope o£this Affidavit
and Waiver of Lion.
f o J 0 -"�`�� �• Tataneshia
(Finn) :� °n Comm. Expires Aug. 31, 2023 Authorized Representative)
STATE OF MIANA
Resides in S. Joseph Co., IN
ST,]OSSPIICOUNTY ) SS: Comm. Number 672377
Before me, the undersigned, a Notary Public, In and for said County and State, personally appeared HCurDdReAAM
and aolatowledged the execution of the foregoing Affidavit and Waiver of Lien.
WI LASS WHEREOF, I have hereunto subscribed my name and affixed M=i'
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ayzoa �� M..
Notary Public Signature
MyConunissionBxpiros: � ~
Residing in, J County, _ i l ._ Notary Public Name
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