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Home My WebLink AboutPCA - Michiana Contracting - Traffic FLIR Cameras at Portage, Forest & Lamonte - Proj No. 115-1011316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Mr. David J. Delp Michiana Contracting, Inc. P. O. Box 929 Plymouth, IN 46563 PHONE 574/235-9251 FAX 574/235-9171 RE: Project Completion Affidavit — Traffic FLIR Cameras at Portage, Forest and Lamonte Project No. 115-101 Dear Mr. Delp: The Board of Public Works, at its meeting held on September 13, 2016, approved the Project Completion Affidavit for this project in the amount of $31,000.00. 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 GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME _Traffic FLIR Cameras at Portage, Forest and Lamonte PROJECT NO 115-101 FINAL COST $31,000.00 CONTRACT SIGNED 6/23/2016 MAINTENANCE AGREEME PROJECT DESCRIPTION New Traffic FLIR Cameras at Portage, Lamonte, and 5 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 2 9 t h dayof Aug1j.9t 2016 Michiana Contracting, Inc. d � -i !2. Company Name Signature PO Box 929 David J. Delo Company Address Printed Name Plymouth, IN 46563 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Da v i d J . Dp 1 np, and acknowledged his/her signature to the above Project Completion Affidavit on the 29th da,201 6 otaySignature My Commission Expires March 27. 2022 Andrea Jae Fisher Printed Name County of Residence Marshall If the Contractor is a corporation, the following certificate will be executed. I, Pamela S. Delp certify that I am Secretary of the Corporation executing this release; that DR it i &T n e 1 P who signed this release on behalf of the contractor was then Vice President of said Corporation; that said release was duly signed for and on behalf of said Corporation by Authority of its erni body, and is within the scope of corporate powers: Secretary's Signature Pamela S. Delp Printed Name ,orporate Seal DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable f r al approval and we recommend to the Board of Public Works that it be ordained so. Date: Construction &ger �1 BOARD OF PUBLIC WORKS APPROVAL Date: ! /� 3/ IG G ry A. Gilot, President �aZ�id P. Relos, ber Elffalbeth A Maradik, Member Therese J. DOfau,mber James A. Mueller, Member �L�+ da M. Martin, Cle k ` Bond #: MNT B 1224419 THE CINCINNATI INSURANCE COMPANY CINCINNATI, OHIO MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Michiana Contracting, Inc., P.O. Box 929, Plymouth, IN 46563 as Principal and THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, with principal office at Cincinnati, Ohio, as Surety, are held and firmly bound unto City of South Bend Department of Public Works (hereinafter called the Obligee), in the penal sum of Three Thousand One Hundred And No/100THS ($ 3,100.00 Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. DATED this 29th day of Augyst . 2016 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Traffic FLIR Cameras at Portage Avenue, Lamonte Terrace, Lindsey Street, and Forest Avenue and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period Of Three (3) year(s) from and after the 6/23/2016 , indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered with the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in the City of Cincinnati, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default, and that no claim, suit, or action by reason of any default of the Principal shall be brought, hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. Bond tern shall be from June 23, 2016 to Jane 23, 2019. Michiana Contracting, Inc. (Pri ipal)(Seal) ��G-y�e1CtX Donald W. Wendel, President (Title) THE CINCINNATI INSURANCE COMPANY —'ieim!fWLKasznia Attorney -in -fact 5-2400 Formerly S-698-M (11/69) THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Mark E. Wobbe; Barbara E. Pearson; Nicole L. Bicknell; Debra K. Hull; Jennifer L. Kasznia; William J. Cerney, III; Wesley L. Mantooth; Jordan M. Scheiber; Sandra L. Junk; Theresa M. Burns and/or Megan E. Riesenberg of South Bend and Plymouth, Indiana its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Thirty Five Million and No/100 Dollars ($35,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum beingpresent and voting, on the 6'" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attomey-m-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the followingResolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 76 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or' -Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF; THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10 day of May, 2012. C,y lniY,,,^ THE CINCINNATI INSURANCE COMPANY �`�CORRaftAiE • a oxro STATE OF OHIO ) ss: COUNTY OF BUTLER ) Vice President On this 10" day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. IAR Sa, MARK J. H LLER, Attorney at Law ,r NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this p29m day of taRIVRftTE 3 S SEAL oxio ' BN-1005 (5/12) Assistant Secretary WAIVER OF LIEN X FINAL PARTIAL PAYMENT TO FOLLOW STATE OF: Indiana COUNTY OF: Marshall David J. Delp being duly sworn, states that he/she is the Vice President of Michiana Contracting, Inc. having contracted with City of South Bend to fumish certain materials and/or labor as follows New Traffic rLIR Cameras at Portage, Lamonte and Forest I ntersectionfor a project known as Tratro rue cameras at Portage, Forest and Lamoncyocated at South Bend Indiana owned by City of South Bend and does further state: PARTIAL WAIVER: Thal the balance due from the Owner is the sum or Receipt of which is hereby acknowledged, or The payment of which has been promised as the sole consideration for this affidavit and Partial Waiver of Lien which is given to ad said amount, effective upon receipt of such payment. FINAL WAIVER: That the final balance due from the Owner is the sum of Thirty -One Thousand Dollars and Zero Cents Dollars ($ 31,000.00 Receipt of which is hereby acknowledged, or , X The payment of which has been promised as the sole consideration for this affidavit and Final Waiver of Lien which is given to and said amount, effective upon receipt of such payment. Therefore: The undersigned waives and releases unto the owner of said premises any and all lien or claim whatsoever on the above described property and improvements thereon on account of labor or material or both, furnished by the undersigned thereto, and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Signed, sealed and delivered this loth day of Au ust, 2016 Signed , Q David J. Delp Al Personally appreared before me this 29th day of August, 2016 David J. Delp who being duly sworn on oath, says: That he/she is Vice President of the Michiana Contracting, Inc. and that he/she hereby acknowledges the execution of the foregoing instrument for and on behalf �f� ""-ii:£stin9, Inc and at his/her special instance and request. Notary Public: ANUREA JAE FISHER Notary Public - Seal State of Indiana Marshall County Commission Expires; March 27, 2022V Resident County: Marshall BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/06/15 Name Toy Villa Department Engineering BPW Date 09/13/15 Phone Extension 5920 Required Prior to Submittal to Board Legal ❑ Attorney Name Controller ❑ 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 ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ® PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Required Information Michiana Contracting, Inc. ❑ Yes ® No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE LJ No L Yes Name of Company Traffic FLIR Cameras at Portage, Forest and Lamonte 115-101 Repairs & Maintenance Services/Traffic Signal Maintenance 251.0608.431.36-67 $ 31,000.00 Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv. Iran. etc Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ® ❑ Terri Swift Blair Sp( Tov Villa For Change Orders On Dispersal After Approval