Loading...
HomeMy WebLinkAboutPCA - Walsh & Kelly, Inc. - Ignition Park Infrastructure Phase 1C Proj No 114-063A1316 COUNTY -CITY BUILDING 227 W. JEFFERBoN BOULEVARD SOUTH BEND. INDIANA 4660I-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 14, 2017 Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 RE: Project Completion Affidavit — Ignition Park Infrastructure Phase 1 C, Project No. 114-063A Dear Mr. Hilary: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on March 14, 2017, approved the Project Completion Affidavit for this project in the amount of $4,277,077.38. 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 Toy Villa, Engineering Roger Nawrot, Engineering Judy Love, Community Investment Aaron Kobb, Community Investment GARY A. GILGT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: 'SOYTMe CITY OF SOUTH BEND, INDIANA 5 6e BOARD OF PUBLIC WORKS n r PROJECT COMPLETION AFFIDAVIT Ignition Park Infrastructure Phase 1C (Division A) 4/14/2015 MAINTENANCE AGREEMENT ENDS Site Improvement and infrastructure project at Ignition Park The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South��ee its off ials and agents are hereby released from all claims and demands whatsoever arising under or by such %o aEf �a epcontractor perfor ed the work within the scope of the Specifications and Standards of the City of South Bend ich w a art of the a Contract. 201 7 Walsh Kelly Inc. Company Name aignaaare 24358 State Road 23 nusti_n Hilary, South Bend Area Manager Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin Hilary , and acknowledged his/her signature to the above Project Completion Affidavit on the 1 th day of January 201 7 N tary Signature IMy Commission Expires June , 7, 2023 Amy Elizabeth Turoin Printed Name County of Residence Marshall If the Contractor is a corporation, the following certificate will be executed. I, J . Michael Schaum certify that I am Secretary of the Corporation executing this release; that Dustin Hilary who signed this release on behalf of the contractor was then SB ea Manag of said Corporation; that said release was duly signed fi rpopioW Authoyi A yI s governing body, and is within the scope of corporate powers: Signature chaum Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable fo( inal approval and we recommend to the Board of Public Works that it Date: l Q 17 Construction MAlIrrsher BOARD F PUBLIC W RKS APPROVAL Date:II�F/rie�7 Gary A. clot, President Elizabeth A. Maradik, Member Suzanne M. Fritzberg, Member James A. Mueller. Member J. Dorau, M. Martin, lu C1itJBB CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road. PA. Box 1615, Werren, NJ 07061-1615 Phone: (900) 903.3485.6acsiml(e: (908) Ao3-3658 Bond No. 8244-90-59 MAINTENANCE BOND FEDERAL INSURANCE COMPANY Amount$ 427,707.74 Know All Men By These Presents, That we Walsh & Kelly, Inc. 24358 State Road 23, South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, acorporation dulyorganized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of South Bend, Board of Public Works 227 W. Jefferson Blvd., South Bend, IN 46601 (hereinafter called the Obligee), In the sum of Four Hundred Twenty Seven Thousand Seven Hundred Seven Dollars and 741100 Dollars ($ 427,707.74 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, exeotors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 16th day of January, 2017 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated April 14, 2015 for Ignition Park Infrastructure - Phase 1 C - Division A, Project No. 114-063A ; and Ignition Park Infrastructure - Phase I - Division A, Project No. WHEREAS, the said Principal is required to guarantee the 114-os3A installed under said contract, against defects in materials or workmanship, which may develop during the period of three (3) years. (over) Farm 16-02-0076(nev. 11.09) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the 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 of three (3) years. or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain 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 in effect, Walsh & Kelly. Inc Principal By:�� 3,SvnavcF FEDERAL INSURANCE COMPANY o0 T. By: Terry R. Hurst Attorney -in -Fact Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Terry R. Hurst as their true and lawful Attorney -In -Fact to execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. Surety Bond Number: 8244-90-59 Obligee: City of South Bend, Board of Public Works In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of January, 2017. t wjm-1m- aka t Dawn M. Chloros, Assistant Secretary §��, (0- - 0 STATE OF NEW JERSEY County ofHunterdo t Ss. Stephen M. Haney, Vice President 000 On this 161h day of January, 2017, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duty sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power ofAttorney as Assistant Secretary of said Companies by like authority; and that she Is acquainted with Stephen M, Haney, and knows him to be Vice Presidentofsaid Companies; and that the signature of Stephen M. Haney, subscribed to said Power ofAttorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority trend Companies and in deponents presence. Notarial Seal KATHERINEJ.ADEtMR NOTARYP BLIC a �EWJEM4Commntion Extent Jut, is. 201E NouryPub6e CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: 'RESOLVED, that the following authorizations relate to the execution, Wood oa behalf of the Company, of bonds, undertakings, recognlzances, contends and other written commitments cribs Company entered Into In the ordinary muneofbusiness (each a'Written Commitment'): (1) Each of me Chairman, the President and the Vice Presidents of me Company is hereby authorized to execute any Written Commitment Forced on behalfofthe Company, under the seal ofthe Companyoromemne. (2) Each duly appointed attorney -fin factor the Company is hereby authorized to execute any Written Commitmentforand on harmful the Company, under rise seal ofthe Company or otherwise, to the extentthatsucb action isauthodred by the gantorpowersprovided formsuch person's writtenappolntmentzssuch attorneydn-fact. (3) Each of the Chairman, the President and the Vim Presidents of the Compznyls hereby authorized, formal on behalf of the Company, to appointen writing any person the adomey-im fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment. which .permeation may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, an delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company. seal or Otherwise, such Written Commitments Of the Company as are specined in such written delegation, which specification may be by general type Or clan of Written Commitments or by specification of one or more parHcularWritten Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant W this Resolution, and the seal of the Company, may be offhed by faalmile on such Written Commitment Or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be aaexclusive statement ofthe powers and authority of omcea,employees and other persons to act for and an behatfof the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power, maturity otherwise validlygrented or vested.' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect, (III the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department, further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal Is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and OR) the foregoing Power ofAturney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this January 16, 2017. Form 16.10. 02268• U GEN CONSENT (rev. 12-16) WAIVER OF LIEN FINAL STATE OF INDIANA, ST. JOSEPH COUNTY: WHEREAS, the undersigned Walsh & Kelly, Inc. has been hereto employed by City of South Bend, Indiana to furnish certain material and labor, to -wit: Asphalt, Patching and Concrete for the building owned by City of South Bend, Indiana and located on Ignition Park: Ignition Drive South South Bend 46601 St. Joseph County, Indiana Project # 114-063A NOW, THEREFORE, KNOW YE, That the undersigned, for a good and valuable consideration, the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said Corporation, the owner of said premises, any and all lien, right of lien, or claim of whatsoever kind or character on the above described building and real estate, on account of any and all labor or materials, or both, furnished for or incorporated into said building by the undersigned; and we further certify that the consideration moving to the undersigned for executing this WAIVER OF LIEN has been mutually given and accepted as absolute cash payment and not as a conditional or part payment or as security for payment. Signed, sealed and delivered this 10t . of Jali fa/v. 2017 W i KEL Dustin Hilary, South Bend Area Manager Personally appeared be b r me this 10th day of January, 2017 Dustin Hilary who being duly sworn ool3ath, says: That he is the South Bend Area Manager of the Walsh & Kelly, Inc. and that he hereby acknowledges the execution of the foregoing instrument for and on behalf o said Walsh & Kelly, Inc. and at their special instance and request. My Commission Expires 06/07/2023 This instrument prepared by: AET Am lizabeth Turpin (Notary Public) A i LITH TURPIN Notary Public, state of Indiana Marshall County Commission Expires June7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/27/17 Name Toy Villa 77V Department Engineering BPW Date 03/14/17 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 Required Information Walsh & Kelly. Inc. MBE ❑ No ❑ Yes Name of Company Ignition Park Infrastructure Phase I Division A 114-063A Approval of Completion Affidavit ❑ 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 ® ❑ Aaron Kobb, Judy Love ® ❑ Roger Nawrot 0 ❑ Toy Villa