Loading...
HomeMy WebLinkAboutPCA - Demo of Vacant & Abandoned Houses, Phase IX Proj No. 116-074C - Indiana Earth Inc1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 24, 2017 Mark Osler Indiana Earth, Inc. 10343 McKinley Highway Osceola, IN 46561 PHONE 574/235-9251 FAx 574/235-9171 RE: Project Completion Affidavit — Demolition of Vacant and Abandoned Houses, Phase IX - Project No. I I6-074C Dear Mr. Osler: The Board of Public Works, at its meeting held on January 24, 2017, approved the Project Completion Affidavit for this project in the amount of $89,782.94. 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 c: Toy Villa, Engineering Elizabeth Maradik, Community Investment Beth Leonard, Community Investment Judy Love, Community Investment GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU SJY IH gg CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT ' .a; PROJECT NAME PROJECT NO CONTRACT SIGNED 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 c by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the Cit, of South Bend which were a part of the above Contract. Execut d. fs ? nof 201Indiana Earth, Inc. Company Name nature 10343 McKinley Hwy AAMV, DSLE� ^419�lfor Company Address Printed Name f Osceola, In. 46561 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared %%N111111111111 tz MA- 5 and acknowledged his/her signature to the above Project Completion Affida\v�,ABI.AIROS��'! the day of 201�0, F.P � � : a ?a9 ?fly 9'• N Si nature �(ttl soAl N: yA rY / My Commission Expires SEAL -klclb��Al Printed Name County of Residence ``' �� �'%P�o ":�SEPH "� If the Contractor is a corporation, the following certificate will be executed. ��/�-STA����``� /HI I, M,V 12 � tf nS LtR certify that I am Secretary of the Corporation executing this release; INA11aa� M ,44 K Q S LaL who signed this release on behalf of the contractor was then Corpo i . of said Corporation; that said release was duly signed for and on behalf of said py thority o�itaig9d?rning body, d is within the scope of corporate powers: AA /17'.A.�SI.I:k I soc, Printed Name Corporate Seal DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable or final approval and we recommend to the Board of Public Works that it be ordained so. �^ Date: t• l 8• l 4 Constructi d1anager BOARD/;OF PUBLIC WORKS APPROVAL Date: • 2 -% v Therese J. Dor u, Member Jam A. Mueller, Member FA V Elizabet A aradik, Member ink a M. Martin, Clerk` MAINTENANCE North American Specialty Insurance Company BOND 2217271 KNOWALL MEN BY THESE PRESENTS; That we, Indiana Earth. Inc. of Osceola. Indiana, (hereinafter called the "Principal'), as Principal, and North American Specialty Insurance Company, of Manchester. New Hampshire, as Surety, a New Hampshire corporation duly licensed to transact business in the State of Indiana (hereinafter called the "Surety"), as Surety, are held and firmly bound unto Citv of South Bend Board of Public Works (hereinafter called the "Obligee"), in the sum of Twenty -Five Thousand Eight Hundred Forty -Three and 29/100 --- Dollars ($ 25,843.29), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. Sealed with our seals and dated this 13th date of December A.D. Two Thousand and Sixteen. WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated August 23, 2016 for Demolition of Vacant and Abandoned Houses Phase IX Divisions A & C. WHEREAS, the said Principal is required to guarantee the empty lots backfilled in compacted lifts for settlement and grass growth installed under said contract, against defects in materials or workmanship which may develop during the period beginning on the 18th day of November 2016, and ending on the 18th day of November, 2019. In no event shall losses paid under this bond aggregate more than the amount of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period specified above or shall pay over, make good and reimburse to the said obligee all losses sustained by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. BND 251S REV (05195) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of.. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9ih of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 0O c{AIIrY' ,I J�q ,wuum� 6 hPO.r 110Ngt z V:Z 5 B Vv APO ' =W( SEAL a m= Steven P. Anderaan,$enior Vice President of Waehivgfon International laeurmre Company p LS`��f'y =2'Jy 1073 r� &Senior Vice PrmidentorNarth American specialty Insurance Company O: iOm .t/YY ewO? r: t0 3 by hAMP9\KL' O p yiryfBOA 11 1d�NSCO s�M'.. 5 4p/III1111a11M�11 B Mich -el A. Ito bea-r Vice Prea,a—eat—i on..anona I vaoranre Company & senior Vice President of North American specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14th day of April 2016 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 14th day of April , 2016 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIALSEAL M I�NNY blic NOTARY Pt) ,STATE OF IWNOIS M. Kenny, Notary Pro MY COMMISSION E)SRES IZ M2017 --1 I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13th day /of December , 2016 Jeffrey noldbug, Vice trend. & Assistant Senetaryof WraWagmn lrlemafiowl Laurance Company & North Amenran Specialty Insurance Compmy STATE OF WISCONSIN ) COUNTY OF Racine ) ON THIS 13th day of December 2016 before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the North American Specialty Insurance Company a corporation of New Hampshire created, organized and existing under and by virtue of the laws of the State of New Hampshire ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. 4Jacle Sheldon Notary Pub.4@jtt County, Wisconsin My CorrlBhssWEff IV13/2019 J � 0 0� Oti z /�rlihi�SCON5 CONSENT OF SURETY TO FINAL PAYMENT G707 OWNER ARCHITECT CONTRACTOR SURETY (Instructions on reverse side) OTHER Bond No. 2217271 TO (OWNER) (Name and address) ARCHITECT'S PROJECT NO: City of South Bend, Board of Public Works Contract Date: 8/23/2016 227 West Jefferson Boulevard South Bend, IN 46601 PROJECT: Demolition of Vacant and Abandoned Houses (Name and address) , Phase IX, Divisions A & C CONTRACT AMOUNT: $258,432.94 AIA DOCUMENT In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety ) North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 SURETY, on bond o (here insert name and address of Contractor) Indiana Earth, Inc. 10343 Mckinley Highway CONTRACTOR, Osceola, IN 46561 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of South Bend, Board of Public Works 227 West Jefferson Boulevard OWNER, South Bend, IN 46601 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 13th day of December 2016 (insert in writing the month following by the numeric date and year) North American Specialty Insurance Company Surety Co any Se I Sig natureofAuthorizea'Representative Title Thomas O. Chambers . Attorney -in -Fact AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® One Page © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW INSTRUCTION SHEET FOR AIA DOCUMENT G707, CONSENT OF SURETY TO FINAL PAYMENT A. GENERAL INFORMATION 1. Purpose This document is intended for use as a companion to AIA Document G706, Contractor's Affidavit of Payment to Debts and Claims, on construction projects where the Contractor is required to furnish a bond by obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. 2. Related Documents This document may be used with most of the AIA's Owner -Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above, this is a companion document to AIA Document G706. 3. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents List to determine the current edition of each document. 4. Limited License for Reproduction AIA Document G707 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The G707 document is intended to be used as a consumable -that is, the original document purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce G707. A cautionary notice is printed in red on the original of this document. This notice distinguishes an original AIA document from copies or counterfeits. To ensure accuracy and uniformity of language, purchasers should use only an original AIA document or one that has been reproduced from an original under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed G707, but only for use in connection with a particular project. Further reproductions are prohibited without the express permission of the AIA. B. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made, without revision to the substance of the document. C. COMPLETING G707 FORM GENERAL: The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor, and Project. ARCHITECT'S PROJECT NO.: This information is typically supplied by the Architect and entered on the form by the Contractor. CONTRACT FOR: This refers to the scope of the contract, such as "General Contractor" or "Mechanical Work". D. EXECUTION OF THE DOCUMENT The G707 for requires both the Surety's seal and the signature of the Surety's authorized representative. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL. INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \poliolw r; fib, inBImc—j SFAL 're 6;. 1973 m- S1we.P.Am1nnSenior Vicebaident ofWaahln Internadonellmurance Com �m ponyae 4',oiO &Senior Vice President of NarM Ameriran S pMiairy woman«cmvpaar GA� y4�muumuios' Michael A. IBro 3emor Tnonafln av¢ ompeoy & Senior Vice president of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14th day of April 2016 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 14th day of April , 2016 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M IENNY NOTARY PUBLIC, STATE OF ILLINOIS M. Kenny, Notary Public MYCOMMISSION SORES 1Y/04/ 7 I, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insmance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13th day of December , 2016 . Jeffrey Goldberg, Vice President & Asaismt Sememry of weshwgton Inmmatemel Insmance Company & NoM American Specialty Insurance Company STATE OF WISCONSIN ) COUNTY OF Racine ) ON THIS 13th day of December 2016 before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly swom, upon oath did say that he is the Attomey-in-Fact of and for the North American Specialty Insurance Company , a corporation of New Hampshire , created, organized and existing under and by virtue of the laws of the State of New Hampshire ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Jacl a Sheldon Notary Public��t�4 County, Wisconsin My Com3/2019 s S� C001V WAIVER OF LIEN 1. The undersigned labors, mechanics, materialmen, suppliers, contractors and/or subcontractors ("Undersigned") entered into an agreement ("Agreement") with the City of South Bend ("General Contractor") to famish labor, services, materials, and/or specially fabricated materials, etc., for the construction, improvement or repair of House Demolitions Project 116 — 074C Phase 9 ("The Project") located in the City of South Bend County of St Joseph , Stale of Indiana 2. Inconsideration of$ 4580.29 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Undersigned hereby waives and releases to the extent of such payment and in accordance with the terms contained in paragraph 3 below any mechanic's or materialman's lien or personal liability claims, public works claims and claims against any payment or performance bonds, or claim or right of such lien on the above -described premises and on improvements now or hereafter located thereon and which now exist or might otherwise arise because of labor, services. Or materials furnished or to be furnished by the Undersigned pursuant to the Agreement, 3. This lien waiver is a partial or final waiver and release of lien as provided below: (Check One) Pa ual release and warver of lien X Full release and warver of lien If this waiver of lien represents a partial waiver or release of lien, the amount of the unpaid balance due is 4. The Undersigned certifies that the materials and/or work covered by this application have been famished in accordance with the contract documents, that all amounts have been paid by him for materials and/or work for which previous monies were paid, and the current payment shown herein is now due. 5. 1 have executed this waiver voluntarily and with full knowledge of my rights under the laws of the State of Indiana The Undersigned is fully authorized to execute this document on behalf of the business so named. Given this 6th day of December , 2016 Mark Oster. President (Name & Title of Authorized Signer) STATE OF: Indiana COUNTY OF: St. Joseoh Signed and sworn to before me by Mark Oster this 6th day of December 2016. (NOTARYSEAL) DA Signature: ✓Q Lir1i Printed: Melissa Blair Oster (Notary Public) My Commission Expires: 08/182024 County of Residence: St. Joseph BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/13/16 Name Toy Villa BPW Date t2219*6 Department Engineering Phone Extension 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 U 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 rth, Inc. No ❑ If WBE L] No L] Yes Name of Company Demolition of Vacant & Abandoned Houses — Phase IX 116-074C EDIT 408.1201.41 $ 89,782.94 Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Required For Change Orders Only Amount of ❑ Increase $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Elizabeth Maradik, Beth Leonard, Judy Love ® ❑ Kevin Fink ® ❑ Toy Villa