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HomeMy WebLinkAboutDedicated Improvements Agreement - Green Development Ventures Proj No DP24-0141316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 12, 2025 Mr. John Lovely Land Development Manager Green Development Ventures 2186 E. Centre Avenue Portage, MI 49002 j lovely(,allenedwin. com RE: Dedicated Improvements Agreement Dear Mr. Lovely: At its August 12, 2025 meeting, the Board of Public Works approved the above referenced agreement for the acceptance of new public water mains and sanitary sewers for the Willowgate Trails, Project No. DP24-014 Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/Hillary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou I TH 8C CITY OF SOUTH BEND, INDIANA U C BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PEACE ., x x 1865 PROJECT NAME vjdluw oc 4c"r lS �c ` ttvl 3 PROJECT NO. FINAL COST _Z-O . 00 CONTRACT MAINTENANCE AGRE MENT ENDS SIGNED-713oho ;-1 '7< 1 / 2-5 PROJECT DESCRIPTION WITNESSETH: !vl7-7 V-/« t" V t 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 t 5-eh day of t) [ , 20 2 5- t yj 6 r�Or+�► ie:�fl t��Sl Ll SignatdxQj Company Name Printed Name mpany Address %ky* 0 G� City/S a e/ ip WITNESSES Before me, the undersigned Notary Public in and for said country and state, personally appeared -I'nkm LeCa1P,l.. , and acknowledged his/her signature to the above Project Completion Affidavit on the 15"R-ay of 'S,4.k, 2005--_. VALERIE MEDEMA Notary Public, State of Michigan Notary Signature My Commission Expires �(C A.er, My Commission Expires February 2, 2030 Printed Name County of Residence County DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date: 8/5/2025 Congrmction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Breana Micou, Member j f. #rd� Attest: Hillary R. Horvath, Clerk Date: Auaust 12. 2025 MAINTENANCE BOND Bond No. LICX1985865 KNOW ALL MEN BY THESE PRESENTS: Green Development Ventures, LLC That 2186 E. Centre $t eet Portage MI 49002 as Principal, hereinafter called Contractor, and Lexon Insurance Company 12890 Lebanon Road- Mt. Juliet. TN 37122 , as Surety, hereinafter called Surety, are held and firmly bound unto City of South Bend 227 West Jefferson Blvd. South Bend. MI 46601 , as Obligee, hereinafter called Owner, in the penal sum of Fifty Two Thousand Four Hundred Dollars and 00/100 Dollars ($-&400.00 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WIIEREAS, Contractor has constructed various public improvements: Public Water and Sanitary Sewer Infrastructure in Willowoate Trails Section 3. in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of Three Years (3) from the date of substantial completion of the work provided for in the Plans, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and scaled this 11th day of July ,2025 In the presence of Green Development Ventures, LLC Principal (Seal) By: � "`e Lexon Insurance Company t EON ' S;Ctelly AL� B Y''e cF -1$ �ard4rAttorney-in-Fact 1-1 0 SOMPO INTERNATIONAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS. that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC"), each, a 'Company' and collectively, ' Sompo Intemational," do hereby constitute and appoint. Kelly A. Gardner as true and lawful Attomey(syln Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements. waiver:, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00). Bond No.: LICX1985865 Principal: Green Development Ventures, LLC Obirgee; City of South Bend Such bonds and undertakings for said purposes, when duty executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 301" day of March, 2023 for BSIC and LIC and the 171" day of May, 2023 for EAC and EAIC. a copy of which appears below under the heading entitled 'Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30'" day of March, 2023 for BSIC and LIC and the 1 r day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any cerbficate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any band or undertaking to which it is attached IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023 E renAssurance T4 �ce :.8YQA8w9i 1, llwia Endurance AmMkcari By 1 Ri� lion otmsel °�ycsn �eir $A'.AT• A m . 1996 r ♦ 7•,DFFIJ6WRE,��� `"ONM r pYl]11YSL Len n In..s"...,. rrneanu 8 RUArd Bond Safeguard -ram , A 1 801rnt DAKOTA INSt1RANM COMPANY T}D On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly swom, did depose and say that hellt)o officer of each of the Companies; and that he executed said Instrument on behalf of each Company by authority of his offic under by of each Compare ` J xprc 1 r low, CERTIFICATEBy �Y �, Pb MY C"witmAo Exp 319% 7 I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duty executed on behalf of each Company and has not since been revoked, amended or modified, that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the some is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 300, day of March, 2023 for BSIC and LIC and the 170, day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS. CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, seating and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company.' 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 11 th day of Jul 2025 Da S rie, etary NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL fOFACI No coverage Is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided This Notice provides information concerning possible Impact on your surety coverage due to directives Issued by OFAC Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions polity, based on Presidential declarations of 'national emergency' OFAC has Identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as'Specially Designated Nationals and Blocked Persons' This list can be located on the United States Treasurys website — httosJ/www.treasury.00vtresource-centerlsanc8ons=N-List In accordance with OFAC regulations, If it Is determined that you or any other person or entity claiming the benefits of any coverage has violated U S sanctions law or is a Specialty Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage Is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply Any reproductions are void. Surety Claims Submission: LexonClaimAdministratlon&sompo-intl.com Telephone: 618-883•8800 Mailing Address: Sompo Intemational; 12890 Lebanon Road; Mount Juliet, TN 37122.2870 STATE OF ILLINOIS } COUNTY OF DU PAGE} On July 11, 2025, before me, Diane M. Rubright, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, 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 on 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 March 23, 2027 Diane M. Rubright, Notary Public Commission No. 817036 OFFICIAL SEAL LARYDIANE M RUBRIL3/23/27 PUBLIC, STATE y Commission Expire UNCONDITIONAL WAIVER AND RELEASE NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant/Owner: J Y1 I..,r x. / breen .(o pyty t+ Ve"hxv"e-S , L-L Name of Customer: City of South Bend Job Location: i �� C� a fic' ` "j4l, J S i v✓ `�j` 'i ��Yt `�{� -.1t�� �e Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. Claimant and Owner hereby certify to City of South Bend that all contractors/subcontractors constructing the sanitary sewer and water "Dedicated Improvements" for the Job Location have been paid in full and there are no mechanics liens on such infrastructure which is being dedicated to the City. Claimant and Owner hold the City harmless from any claims related to this Waiver and Release. Exceptions This document does not affect any of the following: Q /4'i- Disputed claims for extras in the amount of. $ 0 /, - Signature CLAIMANT: Claimant's Signature: ' JA Claimant's Title: 91nd ''I %� ��� t �e4v ,? fr— Date of Signature: STATE OF ''`TT' A- P''tmWbar% COUNTY OF CT, 0& 44 iKoAanc--wa On the 1 s44-- day of JLA -1 20 a sue' , before me, the undersigned, personally appeared l„k personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, who acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the entity upon behalf of which the individual acted, executed the instrument. VALERIE MEDEMA Notary Public, State of Michigan County of Kalamazoo My Commission Expires February 2, 2030 Acting in the County Name: ����-2!� �"�c�z.�►•c� Notary Public BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 8/4/2025 Name: Gemma Stanton Department of Public Works — Engineering Division BPW Date: 8/12/2025 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ® PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ❑ Other: Dedicated ❑ Ease./Encroach Information Company or Vendor Name Green Development Ventures, LLC New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description U Yes U If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Willowgate Trails Section 3 DP24-014 N/A N/A N/A Acceptance of new public water mains and sanitary sewers for the Willowgat( Trails Section 3 subdivision in St. Joseph County For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ) Previous Amount Current Percent of Change New Amount Increase Decrease Increase % Total Percent of Change: Decrease Time Extension Amount: New Completion Date: