HomeMy WebLinkAboutProject Completion Affidavit - Hibberd Plaza Improvements Project No 117-063R - R Yoder Construction Inc1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND. 1NDIANA 46601-1830
CITY OF # BEND PETE i
i1A''1 OF PUBLIC WORKS
January 22, 2019
Randall Yoder
R. Yoder Construction, Inc.
PO Box 69
Nappanee, IN 46550
PHONE 574/235-9251
FAX 574/235-9171
RE: Project Completion Affidavit — Hibberd Plaza Improvements — Project No.
117-063R
Dear Mr. Yoder:
The Board of Public Works, at its meeting held on January 22, 2019, approved the
Project Completion Affidavit for this project in the amount of $479,998.27.
A copy of the Project Completion Affidavit is enclosed 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
GAS' Y A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J.
DORAU
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME Hibberd Plaza Im rovements Base Bid and Alternates 3, 4, & 9
PROJECT NO 117-063R FINAL COST $479,998.27
CONTRACT SIGNED 3/13/2018 MAINTENANCE AGREEMENT ENDS
......... ..._._........ _..._
PROJECT DESCRIPTION
WITNESSETH:
The work under the above contract between the City of South Bend and the undersigned contractor having been completed,
the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or
by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City
of South Bend which were a part of
the above Contract.
Executed this q, any of f✓�� �� , 201 V' R. Yoder Construction, Inc.
tL Company Name
Signature f P.O. Box 69
Company Address
Printed Name Nappanee, IN 46550
City, State, Zip
WITNESSESS:
Be re me, the underst ned Notary Public in and for said country and state, personally appeared
t, 'and acknowledged his/her signature to the above Project Completion Affidavit on
day of etP 201 g
ary Signature My Commission Expires
Printed Name County of Residence f
If the executed.
g who sin ry the Corp executing this release; that
Motor is corporation,the following certificate
am Secretary ns f�execu� t I, to of oration
.... 9,µ ,lh bpiplof,t k?p,tf s hen
Corporation b Authority governing of said Corporation; psaid rel . s rl � t for and or behalf of said
p y rit of its overnin body, and is within the o �e of corp"' 9 " p °
��ta:�y rdl, ,eai
State of Indiana
rye ignalure My Commission Expires Nov 20. 2020
Secretary's Corporate Seal
A120—'
Printed Name
DEPARTMENT OF PUBLIC WORKS APPROVAL
This project is acceptable for 'n pproval and we recommend to the Board of Public Works that it be ordained so.
_ Date:
p Construction er
d
N ��✓✓.
BOARD OF PUBLIC WORKS APPROVAL Date: � .. P� 9
.,w
w
A I
Gary A. Gilot, President Suz,ofia M. I rikz . r, Member Elizabeth A, Maradik, Member
Therese J. Dorau, Memb
er
J*H-Ar—Mvetter, Member
e'"
"Ur a,l)e 'a"". " 1kvQA
M. Martin,
r
Graftite Re, Inc.
Bond# GRIN25250B
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned
R YODER CONSTRUCTION, INC. as Principal
and Granite Re, Inc., a corporation organized under the laws of the State of Oklahoma and duly
authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto:
City of South Bend in the penal sum of
Forty-Eight Thousand One Hundred Sixteen and 61/100 ****
48,116.61 Dollars, for the payment of which well and truly to be
made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
g 5th _ day of November 20 18
Signed _. _....,
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 13th _ day of mmmIT March 20 2018 enter into a
contract with the
City of South Bend
for: Hibberd Plaza and Streetsca e;
Project No. 117-063R
AND, WHEREAS, the specifications of said construction contract provide that upon final acceptance by Obligee
said Principal shall furnish a maintenance bond for the sum amounting to **** Ten **** percent (_
10 %) of the contract price, and to remain in full force and effect for the period of
Three ( 3 ) year(s) from the date of acceptance, as therein stated in said specifications; the
said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall make good
all defects appearing in the work performed by Principal due to faulty workmanship or materials which may
Three ( 3 ) year(s) from the date of completion and final
develop during the period of ..... .- .....................
acceptance of said work, then this obligation shall be void; otherwise to remain in full force and effect.
R YODER CONSTRUCTION, INC.
.�.
m�
" Xi
Title r
Granite Rc 1tic,
Surety
BY; —
Connie Smith
GR0709-24
Attorney -in -Fact
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of
OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL Its true
and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things
set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of
Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL may
lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its
President and Secretary/Treasurer, this 27th day of June, 2018.
S ESA L Kenneth D. Whittington, President
STATE OF OKLAHOMA
) SS:
COUNTY OF OKLAHOMA) Kyles P. McDonald, Treasurer
On this 27th day of June, 2018, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald,
Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D.
Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which
executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate
seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and
Secretary/Treasurer, respectively, of the Company.
(14,�
My Commission Expires:
August 8, 2021 �,i
Commission #: 01013257
GRANITE RE, INC.
Certificate
�JvLGG.A?�
Notary Public
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following
resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of
Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint Individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of
similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may
be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof,
may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such
instrument or undertaking."
9 ITN
WHFREOF, th a dersl ned has sulq� 4aed this Certificate and affixed the corporate seal of the Corporation this
_,_ N_ day of �� �_ q iS Fay w
S E A L
Kyle P. McDonald, Secretary/Treasurer
GRO800-1
Granite Re, Inc.
Bond# GRIN25250B
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned
R YODER CONSTRUCTION, INC. , as Principal
and Granite Re, Inc., a corporation organized under the laws of the State of Oklahoma and duly
authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto:
City of South Bend in the penal sum of
**** Forty -Eight Thousand One Hundred Sixteen and 61/100 ****
($ 48,116.61 _) Dollars, for the payment of which well and truly to be
made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Signed this 5
th November 20 18
.� ..._ day of
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 13th day of March m 20 2018 enter into a
�.-.�. .......... .._..... .�._
contract with the
City of South Bend
for: Hibberd Plaza and Streetsca e;
Project No. 117-063R
AND, WHEREAS, the specifications of said construction contract provide that upon final acceptance by Obligee
said Principal shall furnish a maintenance bond for the sum amounting to **** Ten **** percent (_
10 %) of the contract price, and to remain in full force and effect for the period of
Three (3 ) year(s) from the date of acceptance, as therein stated in said specifications; the
said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall make good
all defects appearing in the work performed by Principal due to faulty workmanship or materials which may
develop during the period of
Three O year(s) from the date of completion and final
acceptance of said work, then this obligation shall be void; otherwise to remain in full force and effect.
R YODER CONSTRUC'FlON, INC.
B
Title
Granite Re [tie.
Surety
BY:
Connie Smith , Attorney -in -Fact
GR0709-24
M
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of
OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL its true
and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things
set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of
Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY: CONNIE SMITH; KORY MORTEL may
lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its
President and Secretary/Treasurer, this 27th day of June, 2018,
s E A L
Kenneth D. Whittington President
STATE OF OKLAHOMA ),
COUNTY OF OKLAHOMA)
Kyle P, McDonald, Treasurer
On this 27th day of June, 2018, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald,
Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D.
Whittington and Kyle P. McDonald were respectively the President and the Sxcretar'y/Treasurer of GRANITE RE, NC., the corporation described in and which
executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate
seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and
Secretary/Treasurer, respectively, of the Company.
wrwmrr wxuu ax
My Commission Expires:
August 8, 2021 +
Commission #: 0101 3257
GRANITE RE, INC.
Certificate
Notary Public
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following
resolution is a true and correct excerpt from the July 15. 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of
Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of
similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may
be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof,
may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such
instrument or undertaking."
IN ITNESS WHEREOF t and r'signed has sub cr ed this Certificate and affixed the corporate seal of the Corporation this
-- -- day of *+�e
S N h 1,
}
Kyle P. McDonald, Secretary/Treasurer
GR0800-1
Granite Re, Inc.
Bond# GRIN25250B
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned
R YODER CONSTRUCTION, INC. as Principal
....._.
and Granite Re, Inc., a corporation organized under the laws of the State of Oklahoma and duly
authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto:
City of South Bend in the penal sum of
**** Forty -Eight Thousand One Hundred Sixteen and 61/100
_ ****
..............................
($ 48,116.61 _ ) Dollars, for the payment of which well and truly to be
made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Signed this 5th _ day of November 20 18
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 13th day of March _ _ 20 2018 enter into a
contract with the
City of South Bend
for: Hibberd Plaza and Streetsca e;
Project No. 117-063R
AND, WHEREAS, the specifications of said construction contract provide that upon final acceptance by Obligee
said Principal shall furnish a maintenance bond for the sum amounting to **** Ten **** percent (_
10 %) of the contract price, and to remain in full force and effect for the period of
Three ( 3 ) year(s) from the date of acceptance, as therein stated in said specifications; the
said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall make good
all defects appearing in the work performed by Principal due to faulty workmanship or materials which may
Three �) year(s) from the date of completion and final
develop during the period of........�.�............................
acceptance of said work, then this obligation shall be void; otherwise to remain in full force and effect.
R YODER CONSTRUCTION, INC.
Principal
3 w_
Title,"
gGr,.trYileRe, 111.e,._
S urety
BY:
Connie Smith Attorney -in -Fact
G R0709-24
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having Its principal office at the City of
OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL its true
and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things
set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed and made a part of this Power of
Attorney; and the said GRANITE RE, INC. through us, Its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL may
lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of Its
President and Secretary/Treasurer, this 271h day of June, 2018.
tirawr
S EµA L
Kenneth D. Whittington, President
STATE OF OKLAHOMA ),
COUNTY OF OKLAHOMA)
Kyle P. McDonald, Treasurer
On this 27th day of June, 2018, before me personally came Kenneth D. Whiftington, President of the GRANITE RE, INC. Company and Kyle P. McDonald,
Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D.
Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which
executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate
seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and
Secretary/Treasurer, respectively, of the Company.
My Commission Expires:
August 8, 2021
Commission #: 0101 3257
i�,�,trY PNhY•A`k}�
GRANITE RE, INC.
Certificate
Notary Public
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following
resolution is a true and correct excerpt from the July 15. 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of
Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of
similar character issued by the Company in the course of Its business. On any instrument making or evidencing such appointment, the signatures may
be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof,
may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such
instrument or undertaking."
IN 1"rNESS WHEREOF' the a ersl ed has subs d this Certificate and affixed the corporate seal of the Corporation this
day Of __ �_L..-_ , 2 __.. nm Rp
SEA L
Kyle P. McDonald, Secretary/Treasurer
GR0800-1
www. RYODERCONSTRUCTION. COM
TEL: 574.773.3502 • FAx: 574.773.4941
R., YODER CONSTRUCTION, INC.
27453 CR 150 • PO Box 69 • NAPPANEE, INDIANA 46550
AFFIDAVIT AND WAIVER OF LIEN
X FINAL PARTIAL PAYMENT TO FOLLOW
On this date of December 19th _, 20 18 in the State of Indiana, County of Elkhart
Randall E. Yoder being duly sworn states that he is President
(Name of officer)
R. Yoder Construction, Inc. having contracted with The City of South Bend, IN
(Title)
Esta6Cdsh,d1978
of
to furnish certain
HibberdPlaza and StreetscapeImprovements (owner)
321 Main Street South Bend In
materials and/or labor for a project known as located at r ,
and owned by City of South Bend For the total amount of contract including extras is $ 479,998.27 of which
R. Yoder Construction, Inc. has received payment of $ 415,416.24 prior to this payment.
And does hereby further state on behalf of R. Yoder Construction, Inc.:
(PARTIAL WAIVER) that there is due from owner the sum of
Dollars ($ )
( ) receipt of which is hereby acknowledged; or
( ) the payment of which has been promised as the sole consideration of this Affidavit of Partial Waiver of Lien which is given
solely with respect to said amount, and which waiver shall be effective only upon receipt of such payment.
(FINAL WAIVER) that the final balance due from the owner the sum of
Sixty four thousand Five Hundred Eighty Two dollars and 03 cents _Dollars ($ 64,582.03 )
( ) receipt of which is hereby acknowledged; or
K) the payment of which has been promised as the sole consideration of this Affidavit and Final Waiver of Lien which shall
become effective only upon receipt of such payment.
THEREFORE, the undersigned waives and releases unto Owner of said premises any and all lien or claim whatsoever on the above
described property and improvements thereon the account of LABOR or material or both, furnished by the undersigned thereto,
subject to limitations or conditions expressed herein, if any; and further certifies that no other party has any claim or right to a lien on
account to any work performed or material f the �tdersigned project, and within the scope of this affidavit and wa iver.
R. Yoder Construction, Inc. — By Randall E. Y der President
(Firm) (Authorized Representative) (Title)
WI S MY HAND AND NOTARIAL SEAL, this 19th— day of December
" 11-20-2020
(Notary Public) (My Commission Expires)
Patricia Kay Ka for
(Printed name)
Certifled Dealer For:
BORKHOLIDER
(Corp Seal)
2018
M
PAI RICIA KAY KAYLOR
Notary Public- Seal
State of Indiana
My Commission Expires Nov 20, 9non
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 01/15/2019 Department Public Works
Name Toy Villa Division/Bureau Engineering
....
BPW Date 0.....�_ �.. _................�
1 /22/2019 Phone Extension 5920
m� umr�mrna wm�ivi�iuiuiuiuiuimui um�wuuuu�irartumerrrm�e mmmm�rur,w;�rr mmmmmmimimimi �11ini11m mmremwore
_mmmITITIT_ Required or to Submittal to Board
Re Prior
Legal Attorney Name:
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 El
Check the
Agreement
Professional Services
Bid Opening
Quote Opening
Change Order No.
Ease/Encroach.
Other:
�ro�rGaammltem T --Re
❑ Contract
F] Resolution
El Bid Award
Quote Award
El C/O & PCA No.
El Traffic Control:
ired for All wSubmissions
Proposal
o
Req. to Advertise
e aired Information �.....�.�._.....�...._...
Company or Vendor Name
R. Yoder Construction, Inc.
New Vendor
❑ Yes No 0lf Yes, A prmmmPurchas
MBE/WBE Contractor
MBE❑ WBE
MBE/WBE Contractor Requested
No ❑ Yes Name of Compnymm
..�_.........
Project Name
H i bberd Plaza Improvements
�?............. �... .. �..�.� � � ....
Project Number
117-063R
Funding Source
......_..........._.............�._w................ ....................................................�__
RWDA TIF
Account No.
324.105..............................�.., m �.....��......................d.Y
0.460.42.01
Amount
t479,998.27
Terms of Contract
Purpose/Description
Project Clo..........w�_............................................................
seout
Addendum
❑ Title Sheet