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Home My WebLink AboutSubdivision Bond - Approve Surety Bond for Lafayette Falls Development Phase IV, Section 11316 COUNTY-Crry BUILDING 227 W. lm-'i'rRSON BOULEVARD Sounj BUND. INDIANA 46601-1830 CITY OF SOUTjj BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 12, 2017 Westview Capital LLC 2186 E Centre Street Portage, MI 49002 RE: Subdivision Bond To Whom It May Concern: PHONP 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its. meeting held on December 12, 2017, approved the above referenced Surety Bond for Lafayette Falls Development Phase IV, Section 1, for sidewalk and curb installations in the amount of $29,775. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Sue Ellen Doudrick, Engineering GARY A. GILo,r SUZANNA M. FRITZBERG Ei.,IZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU Bond No.: 1153392 SUBDIVISION BOND Principal, Amount: $29,775.00 KNOW ALL MEN BY THESE PRESENTS, that we Westylew Capital, LLC 2186, E. Centre Street, Portage, MI 49002 as Principal, and Lexon Insurance Company 1289�0 Lebanon Road. Mt. Juliet. TN 37122 a TX Corporation, as Surety, are held and firmly bound unto f,it�& South Bwid 227 W. Jefferson Blvd'., South Bend, IN 46601 as Obligee, in the penal sum of Twenty Nine Thousand Seven Hundred Seventy Five Dollars and 00/100 (Dollars) ($ 29,775.00 lawful money of the United States of America, for the payment of which well and truly to; be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, aestview Capital, LLC — has agreed to construct in Lafayette Falls Subdivision, in, South Bend, Indiana the following improvements: Lafayette Falls Phase IV, Section One - Sidewalk Installation NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void, otherwise to remain in fufl forc?aT4 effect, apd the Surety, upon receipt of a resolution of the Obligee indicating that the improvements have not been installed or conpleted, will complete the improvements or pay to the Obhgee such amount UP to the Principal amount of this bond which will allow the Obligee to complete the improvements. Upon approval by the Obligee, this instrument may be proportionately reduced as the public improvements are completed. Signed, sealed and dated, this _2,5_th day of October _, 2017 Westview Capital, LLC Lexon Insurance Company Principal Surety By: Melissa Schmidt AttOrneY-in-vx 01, 191 "-T OF' 6 9 4 'J 1 3 i POWER OF ATTORNEY Bond #:1153392 PrincipaiMestview Capital, LLC Lexon Insurance Company obilgea:CityofSouth Bend KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office In Louisville, Kentucky, does hereby constitute and appoint: Melissa Schmidt Its true and lawful Attorney -In -Fact to make, execute, seal and deliver for, and on Its behalf as surety, any and all bonds, undertakings or other writings obligatory In nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -in -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two -million five hundred thousand dollars, which the Company might execute through its duty elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-in- Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which It is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and Its Corporate Seal to be affixed this 2151 day of September, 2009. y�"Neee .� o SEAL 4T$ GF t<t ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY ("/ V,5�,�O 156v€d .Campbell President On this 215t day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMY TAYLOR Notaq Public- State or Tennessee BY " Davidson County AALW My Commission Ermires o'f-08.19 Aniy Taylor Nota4 Public CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing Is a true and correct copy, is In full force and effect and has not been revoked and the resolutions as set forth are now In force. Signed and Seal at Mount Juliet, Tennessee this 25th Day of October , 2017 BYE! Andrew Smith Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any Insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." (,94ov i,I'1f State of Illinois } ss. County of DuPage On October 25, 2017, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Melissa Schmidt known to me to be Attorney -in -Fact of Lexon Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the'said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires August 28,_2021) ilw& inem Nava, Nota y Public Commission No. 859777 SfNEM NAVA L AL SEAL PublOF lla, State of Illinois ommission f Xplres Aulusf 2$, 2+721 U 9 4 11 1"IN,7V.13'fi I I CITY ENGINEER'S REPORT (Section 21-150 (b)) e% 4. b nr 2017 c o er 9 This Major Secondary Subdivision, Lafayette Falls Phase IV, Section One, will require the following improvements: ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 CONCRETE SIDEWALK, 4" 595 SYD $45.00 $26,775.00 2 CONCRETE CURB RAMP 20 SYD $150.00 $3,000M I TOTAL $29,775.00 The required improvements have been satisfactorily completed, a three year maintenance bond has been received. x The required improvements have not been completed, but a Letter of Credit has been filed in the following amount for the required improvements. IITEM # DESCRIPTION QUANTITY U N IT PRICE TOTAL As Above As Above As Above As Above As Above $29,775.00 Comments: This project is located in Centre Township, City of South Bend, St. Joseph County, between the southwest corner of Brick Drive and Mackey Court and the southwest corner of Stewart Drive and Mackey Court. Sidewalk construction per City of South Bond Standards. I , , r f( 2'.- " Date 1 1. 1 120'11 di 9' 4 1 J:' 1v(;'v 1 ",� t J �' BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 12/4/2017 Sue Ellen Doudrick Department 1WA4&-i0J1r?,i0rW Public Works Engineering BPW Date 12/12/2017 Phone Extension 5922 Legal ❑ Attorney Name: Clara McDaniels Controller El Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing n H Agreement Amendment Professional Services ❑ Bid Opening, F-1 Quote Opening Change Order No. Ease/Encroach. Other- - Company or Vendor Name H Contract F-1 Resolution F-1 Bid Award El Quote Award El C/O & PCA No R Traffic Control: New Vendor MBE/WBE Contractor MBE/BE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Proposal Ll Addendum 0 Req. to Advertise [:1 Title Sheet sm Lexon Insurance Company tut" ) El Yes [:1 No El If Yes, Approved by Purchasing U MBE LJ WBE F1 No El Yes Name of Company Lafayette Falls Phase IV, Section I $29,775.00 Approval of bond for Lafayette Falls Development Phase IV, Section I n Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non, -Debarment, E-Verify, Iran, etc.) Required For Change Orders Only Amount of ❑ increase $ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Copy Original F-1 El F-1 F1 El El