HomeMy WebLinkAboutProject Completion Affidavit - Newman Center Masonry Repair Project No 116-132 - C&S Masonry Restoration LLCMERCHAN1�k
BONDING COMPANY,.
MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498, DES MOINES, [owA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-3854
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: Bond No. NIN120'7
That C&S Masonry Restoration, LLC
3725 N. Foundation Ct., Suite AB of South Bend, IN 46628
as Principal, and the Merchants National Bonding, Inc. as Surety are
held and firmly bound unto the City of South Bend, Indiana, Board of Public Wor s
1316 County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601-I830 in the penal sum of
Eighteen Thousand, Three Hundred and XX/100---------------------------------------------------- ( $19,300.00 )
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 31st day of October 2017
WHEREAS, the Principal entered into a certain contract dated the 10th day of January
2017 with the City of South Bend, Indiana, Board of Public Works
to furnish all the material and labor necessary for the construction of Newman Center Masonry Repair,
Project No. 116-132
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 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, Indiana, 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 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.
Approved
By
CON 0304 (2/15)
C&S Masonry Restoration, 1LC
Merchants National Bonding, Inc.
By
K in Hughes, Attorney -in -Fact
MERCHANTS
BONDING COMPANY„a
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; Jada M Karst; Jessica K Callahan; Marie E Comparet;
Melinda Jagger; Thomas J VanDyck; Tom McGovern
their true and lawful Attorneys) -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, an 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 14th day of July 2017
fed SP �0.� :
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BONDING COMPANY (MUTUAL)
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MERCHANTS NATIONAL BONDING, IMERCHANTS
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By
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President
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STATE OF IOWA •••tooa++++' +• • •• •
COUNTY OF DALLAS ss.
On this this 14th 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.
ALICIA K. GRAM
o a a e Commission Number 767430
My Commission Expires
April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.. de 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 31st day of Ovlouer 2017
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POA 0018 (3117) +••!''i•ow...+.0•° \'
Final Waiver of Lien
Stale oflndiana, County of s7� ��t✓�% SS,
being duly sworn that he/she. is the P Ale-,l A ewe
(Name of Officer) -- (Title)
Of 0—&S *')\-5tre� having contracted with Ar UV k
(Contractor) . (Owner)
to hmish certain materials and/or labor as follows; M kS ow (�
for a project known ast'.'.�•3 M 1qw} C�1
located at
and owned by 15A
IM
and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier;
(PARTIAL WAIVER) that there is due from the Contractor the suns of
Dollars ($ }
receipt of which is hereby aftowledged; or
Lam' 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 shalt be effective only upon receipt of payment thereof by the
undersigned;
(FINAL WAI M) that the final balan a du &pert e c actor is a sum of
:ate- D / � al l5 v •'
El receipt ofwhich is hereby actmowledged; or
the payment Of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall
become effective only upon receipt of such payment.
THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all liens or claims whatsoever
on tiro above -described property and improvements ents thereon an account Oflabor or Material or both, furnished b the undersigned
thereto, subject to limitations or conditions expressed herein, irany, and fhrffier certified that: no other party has any claim or right to a
Ilea ou account of any work performed or material A mished to the undersigned for said project, and within the scope of this Affidavit
and Walver efLien.
9,Sy,.✓a-SOIJ ► t L C By
(Firm)'Authoxized sent
Repreative)
STATE OF iNMANA (
)
SS;
ST, JOSEPH COUNTY
13efore me, the undersigned, a Notary Public, In and for said County and Slate, personally appeared �feye— e /dam
and aclaidwledged the execution of the foregoing Affidavit and Waiver of Lien.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 3l day of
2' k_
My Commissiont RXpires; I
Residing in J7 County, �rl
No ry PubIic Signature
i
1404W/9094I49". ROWN
NOTARY PUBLIC
S C-f1L.
STATES OF INDIANA
COUNTY OF ST JOSEPH
rJy C nniiss on Expires Jane 28, 2.021
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