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HomeMy WebLinkAboutPCA - I-N Tek I-N Kote Sanitary Sewer Chemical Storage & Feed Facilities - Selge Construction1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 28,2017 James Boyles Selge Construction Co., Inc. 2833 S 11" Street Niles, MI 49120 PHONE 574/235-9251 FAX 574/235-9171 RE: Project Completion Affidavit — I/N Tek & IN Kote Sanitary Sewer Chemical Storage and Feed Facilities - Project No. 114-051 Dear Mr. Boyles: The Board of Public Works, at its meeting held on February 28, 2017, approved the Project Completion Affidavit for this project in the amount of $167,850. 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: Jacob Klosinski, Environmental Services Al Greek, Environmental Services Carol Kurzhal, Environmental Services GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME I/N Tek & I/N Kote Sanitary Sewer Chemical Ston PROJECT NO. 114-051 FINAL 167,850.00 COST CONTRACT 06/28/2016 MAINTENANCE AGREEMENT SIGNED ENDS PROJECT Provide Calcium Nitrate Chemical Feed Systems at the Geyer Ditch Lift DESCRIPTION Station (I/N Tek Sewer) and Sage Road Lift Station (I/N Kote Sewer) 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. Execute this 3 I day of February 120 17 ,- —C Selge Construction Co., Inc. Sign re Company Name James Boyles, Vice ident 2833 S. 1Ith Street Printed Name Company Address Niles, Michigan 49120-4421 City/State/Zip WITNESS Before me, the undersigned Notary Public in and for said country and state, personally James Boyles and acknowledged his/her signature to the above Project Completion of the 3rd day f February 201 7 Notary SignatureMy Commission Expires 07/25/2020 Vicki A. Priest Printed Name County of Residence BERRIEN Q MY COMMISSION Z EXPIFES : Q' If the Contractor is a corporation, the following certificate will be executed. I, Vicki A. Priest certify that I am Secretary of the Corporation executing this release; t14at, James Boyles 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 AAority of its governing body, and is within the scope of corporate powers: Secretary's Signatdre Vicki A. Priest PrintedName l;orporate Neal 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. gm4a6 )If. 94a-4,� Date: oZ - /(o "2ol7 Construction Manager BOARD OF PUBLIC W/OI�KS APPROVAL Date:�a ��a0 (7 i A • A Gilot, Prelident Suzamna Nf Fritzberg,'Membe4 Janes A. Mueller, Member Co. 'rnumNi� A. Maradik, Member Therese J. D&au, Member L— I nda M. Martin, MERCHANT'S BONDING COMPANY.. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. INC60014 That Selge Construction Company, Inc. 2833 S. I Ith Street, of Niles, MI 49120 as Principal, and the Merchants Bondin" Company (Mutual) as Surety are held and firmly bound unto the City of South Bend Board of Public Works, 1316 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46615 in the penal sum of $16,785.00 l housand Seven DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 30th day of January 2017 WHEREAS, the Principal entered into a certain contract, dated the 28th day of June 2016 with the City of South Bend Board of Public Works to furnish all the material and labor necessary for the construction of I/N Tek and I/N KOTE Sanitary Sewer Chemical Storage and Feed Facilities, Project No. 114-051 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Three years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Company (Mutual) for valuable consideration, has agreed to join With said Principal in such bond or guarantee, indemnifying said City of South Bend Board of Public Works as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of Three years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Approved m CON 0304 (2/15) Selge Construction Company, Inc Principal By nes Boyles, is President Merchants Bonding Company (Mutual) By / - DOD Elaine K. Miller, Attomey-in- act MERCHAN BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jada M Karst; Marie E Comparet; Melody S Hoerl; Thomas J VanDyck; Tom McGovern their true and lawful Altorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. FORTY MILLION ($40,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of August , 2016 p1lQfdq `!,. • ,�Q\NG CO MERCHANTS NATIONAL BONDIING,MERCHANTS BONDING MPANY ( INC. �� �'• PO$" CC) O PPO 9 1933 STATE OF IOWA I f �"'�nr ,�,a,or"'�� •' • • •'' COUNTY OF Dallas ss. President On this 10th day of August 2016 before me appeared Larry Taylor, tome personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. zPp WENDY WOODY o v Commission Number 784654 My Commission Expires �owr June 20, 2017 Notary Pub , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30th day of January , 2017 CO �0��\PPOq�'O9'• • z: 6'• 1933 ; c; .,d,, .........��dc Secretary POA 0014 (6/15) Final Waiver of Lien State of Indiana, as: WHEREAS, the undersigned Selge Construction Co., Inc. has been heretofore employed by the City of South Bend, Board of Public Works & Safety to furnish certain material and labor, to wit: I/N TEK & I/N KOTE Sanitary Sewer Chemical Storage and Feed Facilities, Project 114- 051 for the real estate owned by the City of South Bend located in South Bend, 1N County of St. Joseph, State of Indiana, Now Therefore, Know Ye, That the undersigned, for and in consideration of Eight Thousand Three Hundred Ninety Two Dollars and Fifty Cents ($8,392.50), the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said owner of said premises, any and all lien, right of lien or claim of whatsoever kind of character on the above described real estate. TO AND FOR SAID AMOUNT, an account of any and all labor material, or both furnished for or incorporated into said real estate by the undersigned up to this date, and we further certify that the consideration moving to the undersigned for executing this Final Waiver of Lien has been mutually given and accepted as final payment to or on account of the said project for said real estate. Signed, sealed and delivered this 30th day of January, 2017 Signed J s Boyles Vice President Personally appeared before me this 30th day of January , 2017 James Boyles, who, being duly sworn on oath, says: That he is Vice President of the Selge Construction Co., Inc. and that he hereby acknowledges the execution of the fore goin instrument for and on behalf of said Selge Construction Co., Inc. p !��`\,�A"'p',/' My Commission expires:07/25/2020 `� �� r ARY`..�`c; Notary Public PUBLIC S EO MY COMMISSION Z EXPIRES 79 • 7-25-2020 ..............• ..GZ '+,nnnu„ua�a INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Michael Schmidt, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: AI Greek, Director of Utilities Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Project No. 114-051 I/N Tek and I/N Kote Chemical Storage and Feed Facilities — Project Completion Affidavit, Maintenance Bond, Final Waiver of Lien The Division of Utilities requests the Board of Public Works review and approval of the Project Completion Affidavit, Maintenance Bond, and Final Waiver of Lien for Project No. 114-051 I/N Tek and I/N Kote Chemical Storage and Feed Facilities at the February 28, 2017 Board Meeting. Selge Construction has completed the project on schedule. All work is complete including Record Drawings and Operations and Maintenance Manual deliverables required by the Contract Documents. Final Pay Application No. 4 was also submitted for approval. Upon approval of the closeout documents listed above, Final Payment (retainage) will be issued to Selge Construction. Final Project Statistics: Original Project Cost: $167,850.00 Final Project Cost: $167,850.00 Change Orders: None The Division of Utilities will finalize payment with funds from Utilities, Wastewater, Other Equipment Account (641-0630-793-36-05). For questions regarding the above recommendation or the subject project, contact Al Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities. �. SEMEN 2833 S. 11th Street • Niles, Michigan 49120 269.684.0842 9 (fax) 269.684.0846 www.selgeconstruction.com February 3, 2017 Jacob Klosinski, P.E. City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 RE: I/N TEK & I/N KOTE Sanitary Sewer Chemical Storage & Feed Facility Project 114-051 Dear Jacob, Please find enclosed the signed Project Completion Affidavit and Maintenance Bond for the above referenced project. The final pay application and final waiver of lien were mailed earlier this week. Feel free to contact me should you need anything else. Thank you. Sincerely, Vicki Priest Office Manager Enclosure BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 16, 2017 Name Jacob M. Klosinski Department Utilities Wastewater BPW Date February 28, 2017 Phone Extension (574) 235-9496 Legal ® Attorney Name Michael Schmidt 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 ® Carol Kurzhal ❑ Agreement U 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 Selge Construction Company, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company I/N Tek and I/N Kote Sanitary Sewer Chemical Storage and Feed Project Name Facilities Project Number Funding Source Utilities, Wastewater, Other Equipment Account No. 641-0630-793-36-05 Amount $ Terms of Contract Purpose/Description Utilities requests the Board of Public Works approval of Project Completion Affidavit, Maintenance Bond, and Final Waiver of Lien and release of retainage for the subiect proiect. All work is complete. All deliverables have been received. ❑ Required Contractor's Certification Form 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: % Dispersal After Approval Copy Original ® ❑ Al Greek, Director of Utilities ® ❑ Jacob M. Klosinski, Assistant City Engineer ® ❑ Carol Kurzhal, Director of Financial Services, Environmental Services