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HomeMy WebLinkAboutProject Completion Affidavit - WWTP Digester Gas Utilization - Project No. 116-050R - Thieneman Construction Inc1316 227 W. JEFFERSON BouL.EVARD SOUTI I [IFNI). INDIANA 46601-1930 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 24, 2018 Matt McCoy Thieneman Construction, Inc. 17219 Foundation Parkway Westfield, IN 46628 PHOW 574/235-9251 FAX 574/ 235-9171 RE: Project Completion Affidavit — Wastewater Treatment Plant Digester Gas Utilization — Project No. 116-05 OR Dear Mr. McCoy: 'Ibe Board of Public Works, at its meeting held on July 24, 2018, approved the Project Completion Affidavit for this project in the amount of $693,173. 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 GAR Y A. Ga,oi' SUZAN NAM. FR ITZBERG ELIZABETitA,MARMAK JAM11,5 A. MLJ11,1,I.3R I'l I ERES E J. DORA U PROJECT NAME PROJECT NO. CONTRACT SIGNED PROJECT DESCRIPTION Jal", M ova @I - —Wastewater Treatment Plant D 116-05OR FINAL COST Gas Utilization 693,173.00 12/22/2016 MAINTENANCE AGREEMENT 12/22/2020 ENDS Cleaned Gas Transmission Piping, Buffer Tank, and Instrumentation 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 tinder 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 day of 20 Thieneman Construction, Inc. Signature Company Name Matt McCoy 17219 Foundation Parkway Printed Name Company Address Westfield, Indiana 46628 City/State/Zip WITNESS Before me, the undersigned Notary Public in and for said country and state, personally appeared 1) ) 3,ti )1111 pjj _, and acknowledged his/her signature to the above Project Completion Affidavit on the day A �-YLU u 201 2 20 Z_cp Notary Sing nature My CR 5Q Printed Naftie County o04 C,Q �O�\ If the Contractor is a corporation, the following certifys ill be executed, 1, Michael E. Robinson certify that I am S etary of the Corporation executing this release; that Matt McCoy who signed this release on behalf of the contractor was then Project Manager of said Corporation; that said release was duty signed for and on behalf of said Corporation by Ant of its governing body, and is within the scope of corporate powers: Secretary's Signature Corporate Seal Michael E. Robinson Printed Name 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: 90/8 Construction Manager BOARD OFPUBLIC KSAPPROV Date: , 4 Gary A, Gilot, President Suzary_aW. Ntzi3e'r"g"', JMernb�er _J_arnes A. Mueller, Member , Q-k Elizabeth A. Maradik, Member Therese J. Doran, Member inda M. Mart insalariV­ Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM July 17. 2018 Jacob M. Klosinski Department Utilities - Wastewater BPW Date July 24, 2018 Phone Extension (574) 235-9496 Purchasing ® Al Greek, Director of Utilities ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Amendment ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ CIO & PCA No. ® PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution n Other: ❑ Claim Company or Vendor Name New Vendor MBEIWBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of 0 Thieneman Construction, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached WBEl Wastewater Treatment Plant -- Digester Gas Utilization 116-050R Wastewater Capital Improvements & Other Contractual Services 642-0630-415-43-66 (Capital) & 642-0630-793-63-35 (OC Serv.) $693,173.00 Final Project Cost The Division of Utilities requests the approval of the Project Completion Affidavit Final Waiver of Lien and Maintenance Bond for the subject project. All work is complete The final oroiect cost is $693.173.00. (-8.06% below Bid Award $754,1 Increase $ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension: Original El El °10 Dispersal After Approval Al Greek, Director of Utilities Jacob M. Klosinski, Assistant City Engineer . Director of Financial Services Environmental Services 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 Clara McDaniels, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: Al Greek, Director of Utilities Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Project No. 116-05OR WWTP Digester Gas Utilization Project Project Completion Affidavit DATE: July 17, 2018 The Division of Utilities requests the Board of Public Works approval of closeout documents for Project No. 116-05OR WWTP Digester Gas Utilization. All work is complete and the systems installed at the Wastewater Treatment Plant are functional and working. Original Contract Award: $754,000.00 Final Project Cost: $693,173.00 The final project cost was reduced via previously authorized Change Orders approved by the Board of Public Works. Previous change orders included reduction of items not necessary for the project, reduction in asphalt quantities and liquidated damages for the Contractor's failure to meet the original substantial completion deadline. No further adjustments to price are necessary. Thieneman Construction completed the calibration work and remaining punch list items in 2018. The new piping system became operational in January 2018. Included with the closeout documents are the following items: - Project Completion Affidavit - Final Waiver of Lien - Maintenance Bond Record Drawings are being produced by Greeley and Hansen in accordance with the requirements of their Professional Services Agreement as the Engineer of Record. The Division of Utilities recommends the approval of the project closeout documents, Final Pay Application and Release of Retainage. The Division of Utilities has funded this project out of the Wastewater Capital Account 642-0630- 415-43-66) and Other Contractual Service (642-0630-793-63-35). 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. ' STATE OF Indiana COUNTY OF lake ss WHEREAS, the undersigned Thleneman Construction Inc. has been heretofore employed by The City of South Bend to furnish certain material and labor, to -wit., General Contrao(irg for the building owned by The g& of South Bend IIINII"I"P R ester -Gas Utilization Desk r►:l'"ro ect and located on 3113 Riverside Drive South Bead' IN 46628 Now, Therefore, know Ye, that th reby and now, waives and releases unto ity of South Bend ht of lien, or claim of whatsoever kind of tate, on account of any and ali labor or i"lding by the undersigned; and we furthe, dersigned for executing this WAIVER D payment In full. Signed, sealed and d is the at the rndersigned, for a good and valuable consideration, 9 said _the owner of said premises, any and all lien, iracter on the above described building and real Trial, or both, furnished for or incorporated into said Wify that the consideration moving to the .IEN has beep onditionally given mil receipt ,erect this, ,�_,_ day of , _ 2018. M day of —� ) L'&I , 2018. rn on oath, says` That he is Prn ect and that he hereby it for and;n behalf of said City` of Notary ,Public IrracyA.Powers 'P4'0%t0 td�s0i0#16099 V2 S0,2026 County of Residence: Lake a My Commission Expires: 9-30-202 1 ° MAINTENANCE BOND Bond NO,58738728 KNOW ALL PEOPLE BY THESE PRESENTS: That we, Thieneman Construction, Inc. (hereinafter called CONTRACTOR), and Western Surety Company corporation organized under the laws of the State of South Dakota ,a and authorized to do a surety.business in the State of Indiana, (hereinafter called Surety), are held and firmly bound unto the City of South Bend, Indiana (ltereinafter called the OWNER) in the sum of $75,400.00 lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said CONTRACTOR has performed for the City of South Bend, Indiana improvements, which have been or are about to be completed and accepted by the OWNER for the project known as: WWTP DIGESTER GAS UTILIZATION PROJECT NO, 1 I6-050 R AND WHEREAS, it is required that the CONTRACTOR should guarantee the project from defects caused by faulty or defective materials, workmanship, or design for a period of three years from and after the date of acceptance of the completed project by the OWNER. NOW, THEREFORE, if the CONTRACTOR shall for a period of three years from and after the date of acceptance of the completed project by the OWNER replace any and all defects arising in said work whether resulting from faulty or defective materials, workmanship, or design, then the above obligation shall be null and void; otherwise the obligation shall remain in full force and effect for three years from the date of acceptance of the completed project by the OWNER, The OWNER shall notify the CONTRACTOR in writing of any defects for which the CONTRACTOR is responsible and shall specify in said notice a reasonable time within which the CONTRACTOR shall have to correct said defects. If the CONTRACTOR fails to correct said defects within the time specified in said notice, the OWNER, in its discretion, may permit the Surety to correct said defects. If SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 61 31-1 the OWNER allows the Surety to correct said defects, the Surety shall have sixty (60) days thereafter within which to take such action as it deems necessary to insure performance of the CONTRACTOR's obligation. If such defects are not corrected after the time period specified in the notice or after the expiration of the sixty (60) day time period, whichever is applicable, the OWNER shall have the right to correct the defeels, and the CONTRACTOR and Surety, jointly and severally, shall pay all costs and expenses incurred by the OWNER in correcting the defects, including, but not limited to, the ENGINEER, legal and other costs, together with any damages either direct or consequential, which the OWNER sustains, or may sustain, on account of the CONTRACTOR's failure to correct the defects. In addition, the OWNER shall have the right to contract for the correction of said defects and, upon acceptance of a bid in accordance with the OWNER's normal bidding process, the CONTRACTOR and Surety shall become icu,tnediately liable for the amount of the bid. In the event that the OWNER commences legal proceedings for the collection thereof, interest shall accrue on said amount at the rate of six (6) percent per annum, begimzing at the commencement of said legal proceedings. If the OWNER commences suit for collection of any sums due hereunder, the CONTRACTOR and Surety, jointly and severally, agree to pay all costs and expenses incurred by the OWNER, including, but not litnited to, attorney's fees. IN WITNESS WHEREOF, the parties have caused this instrument to be signed and sealed by their respective authorized officers this daffy o� January201 , CONTRACTOR: SURETY: Thieneman Construction, Inc. Title: AFL$ o JW r — Address: Western Surety Company By: � m� Title: Brenda Joh on A �ney in Fact Address: 333 S Wabash Avenue Chicago, IL_ 60604 WITNESS AS TO CONTRACTOR SB WWTP Digester Gas Utilization Design Project No. I t6-050 R 00 6l 31-2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -PACT Know Ali Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Edward L Mournighan, Ginger J Krahn, Michael H Bill, Michael M Bill, Cynthia L Jenkins, Sheree Hsieh, Cindy H Stellhorn, Brenda Johnston, Kimberly E Kinkead, Rebecca A Virt, Individually of Indianapolis, IN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the some extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of June, 201 S. f(te r►oWESTERN SURETY COMPANY yy aul T, Brutlat, Vice President State of South Dakota I ss County of Mirntehaha on this 231d day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that be knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direetots of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i""♦'444Mwh444kh4i4444h4 S. EICH Feb 12 2021 Norm PUBLIC SOUTH OAK*TA f 1444444i4444444444444444 + S. Eich, Notary Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SUREW COMPANY do hereby certify that the Power of Attorney heminabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporation this 24th day of January 2018 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-7-2012 MAINTENANCE BOND Bond No,58738728 KNOW ALL PEOPLE BY THESE PRESENTS; That we, Thieneman Construction, Inc. (hereinafter called CONTRACTOR), and western Surety Company a corporation organized wider the laws of the State of _._South Dakota � and authorized to do a surcty_business in the Slate of Indiana, (hereinafter called Surety), are held and firmly bound Unto die City of South Bend, Indiana (hereinafter called the OWNER) in the sum of $75,400.00 lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said CONTRACTOR has performed for the City of South Bend, Indiana improvements, which have been or are about to be completed and accepted by the OWNER for the project known as; WWTP DIGESTER. GAS UTILIZATION PROJECT NO. 116-050 R AND WHEREAS, it is required that the CONTRACTOR should guarantee the project from defects caused by faulty or defective materials, workmanship, or design for a period of three y from and after the date of acceptance of the completed project by the OWNER. NOW, THEREFORE, if the CONTRACTOR shall for a period of thrce ycnrs fromand after the date of acceptauce of the completed project by the OWNER replace any and all defects arising in said work whether resulting from faulty or defective materials, workmanship, or design, then the above obligation shall be null and void; otherwise the obligation shall remain in full force and effect for three years from the date of acceptance of the completed project by the OWNER. The OWNER shall notify the CONTRACTOR in writing of any defects for which the CONTRACTOR is responsible and shall specify in said .notice a reasonable lime within which the CONTRACTOR shall have to correct said defects. If the CONTRACTOR fails to correct said defects within the time specified in said notice, the OWNER, in its discretion, may permit die Surety to correct said. defects. If SB WWTP Digester Gas Utilization resign Project No. 116-050 R 00 6l 31-1 the OWNER allows the Surety to correct said defects, the Surety shalt have sixty (60) days thereafter within which to take such action as it deems necessary to insure performance of the CONTRACTOR's obligation. If such defects are not corrected after the time period specified in the notice or after the expiration of the sixty (60) day time period, whichever is applicable, the OWNER shall have the right to correct the defects, and the CONTRACTOR and Surety, jointly and severally, shall pay all costs and expenses incurred by the OWNER in correcting the defects, including, but not limited to, [lie ENGINEER, legal and other costs, together with any damages either direct or consequential, which the OWNER sustains, or may sustain, on account of the CONTRACTOR's failure to correct the defects. in addition, the OWNER shall have the right to contract for the correction of said defects and, upon acceptance of a bid in accordance with the OWNER's normal bidding process, the CONTRACTOR and Surety shall become itninediutely liable for the amount of the bid. In. the event that the OWNER conunences legal proceedings for the collection thereof, interest shall accrue on said amount at the rate of six (6) percent per annum, beginning at the commencement of said legal proceedings, if the OWNER commences suit for collection of any sums due hereunder, the CONTRACTOR and Surety, jointly and severally, agree to pay all costs and expenses incurred by the OWNER, including, but not limited to, attorney's fees. IN WITNESS WHEREOF, the h parties have caused this instrument to be signed and sealed by their respective authorized officers this day o'f Jan -201 . CONTRACTOR: SURETY: Thieneman Construction, Inc. By: 4��do - K,j,,j t•,..Tvt 0 "7`E.fra,,5•M A J Title: PP-MSZ.Oer%)i Address: Western Surety Company By: Title: Brenda Johns on; A orney in Fact Address: 333 S Wabash Avenue T Chicago, IL 60604 WITNESS AS TO CONTRACTOR SB WWTP Digester Gas Utilization Design Project No. 116»050 R 00 61 31-2 Western Surety Company )POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know Ail Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Edward L Mournighan, Ginger J Krahn, Michael H Bill, Michael M Bill, Cynthia L Jenkins, Sheree Hsieh, Cindy H Stellholrn, Brenda Johnston, Kimberly E Kinkead, Rebecca A Virt, Individually of Indianapolis. W, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation - in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of June, 201 S. WESTERN SURETY COMPANY yserrro 10 aul T. Brullat, Vice President State of South Dakota ss County of Minuehaha On this 23rd day of June, 2015, before me personally came Paul T. Bruflat, to me. known, who, being by me duly sworn, did depose and say, that he resides in the city of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seat of said corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Boatel of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires F•`�"`" S. EICH Feb 12 2021 amca iY pillil.lC� SOUTH OWWFA f rr�rrrrrrrrr+.rrwrrrrtirr S. Eich, Notary Public CERTIFICATE t, R.. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of _ January 2018 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-7-2012