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Home My WebLink AboutProject Completion Affidavit - Downtown Cross Street Improvements Project No 117-041A - Walsh and Kelly Inc1316 • BUILDING BOULEVARD Dustin Hilary Walsh & Kelly, Inc. 24358 SR 23 South Bend, IN 46614 PEACK 1865 January 22, 2019 PHONE 574/235-9251 FAX 574/235-9171 RE: Project Completion Affidavit — Downtown Cross Street Improvements — Project No. 117-041A Dear Mr. Hilary: The Board of Public Works, at its meeting held on January 22, 2019, approved the Project Completion Affidavit for this project in the amount of $1,753,886.17. 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. G[LOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT�� ` PROJECT NAME Downtown Cross Street Improvements PROJECT NO 117-041 A FINAL COST $1,753,886.17 CONTRACT SIGNED 4/24/2018 MAINTENANCE AGREEMENT ENDS 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 or by such contract, a d that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend wKA were a oars of the above Contract. xauted h<1 9th ��d of December 201 8 Walsh &Kell . Company Name � ture 24358 SR23 .: . ' ., µ Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said count a eared and acknowledged his/her �� " eAq , RrKj6 d k let n Affidavit on n Notary Public, State of '"'an' the ay o '7r 2018 f�` it P' St. Joseph County ,. *'". My commission Expbres (" '&�hl to gnature y w sio e 06" 20212 2. Alisha Krueger Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. I, J. Michael Schafun certify that I am Secretary of the Corporation executing this release; that "ou m of said Corporat oin; that said release as duly signed for ar N i r �M °" ♦� Corpor trg A hority o s l erning body, and is within the scope of corporate powers. .• t" GORPORgp�:� Secretar " Signature �•— ate ieal EA J. Michael Schatun S� Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL is project is acceptable fog al pproval and we recommend to the Board of Public Works that it be ordained so. Date: t Construction er Gary A. Gilots Oresident Therese J. drau, Member BOARD OF PUBLIC WORKS APPROVAL S''t+e wester Member L.-Lso-o `-t0tY Date: 1 `I •��•�' � �a ldjt� , t J 'J! Elizabeth A. Maradik" Member a M. Martin, Clerk . Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, M 08889-1650 Federal Insurance Company Maintenance Bond BondNo.MNT 8246-59-43 Amount$175,388.62 Rnow 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, a corporation duly organized under the laws of the State of Indiana, (hereinunder called the Surety), as Surety, are held and firmly bound unto City of South Bend, Board of Public Works 227 W. Jefferson Boulevard South Bend, IN 46601 (hereinafter called the Obligee), in the amount of Eighty Eight Dollars and �62/100ve usand Three Hundred for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 17th day of December, 2018. WHEREAS, the said Principal has entered into a contract dated April 24 , 2018 for: Downtown Cross Street Improvements, Project No. 117-041A And WHEREAS, the said Principal is required to guarantee the Downtown Cross Street Improvements, Project No. 117-041A installed under said contract, against defects in materials or workmanship, which may develop during the period December 17, 2018 to December 17, 2021 Form 15-02-0075FED (tev. 5/17) 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 December 17, 2018 to December 17, 2021 . or shall pay over, or make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Walsh & Kelly, In By of South Bend Area Federal Insurance Company By It v . V0 A I DO" I Attorneyin•Fact David M. Cliger Form 15,0107SFd(Ck (Rev 5/17) CHUBES' 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 Tia A. BOlce, Terry R. Hurst, Brian T. Morton„ David M. Oliger, Robert M. Rutigliano, Christina Marie Schmitter, Tina N. Senefeld and Eric M. Wahlstrom of Indianapolis, Indiana each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to aMx their corporate seal% 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 ofany Instrument referred to in said bonds or obligations, 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 191" day of January, 2017, ,` " t -- Dawn ,t `IvVtce Presidew *104) STATE OF NEW JERSEY county ormunterdon Ss. On this 191" day of January, 2017 before rile, 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 duly 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 sear 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 of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Catherine A. Donahue, and knows him to be Vice President of said Companies; and that the signature of Catherine A. Donahue, subscribed to said Power of Attorney is in the genuine handwriting of C"atheritq e and was thereto subscribed by authority of said Companies and In deponent's presence. Notarial Seal '► All KATHlERINE J. ADELAAR h 01'ARY PU B L IC OF NEWJERSEY ad. tlr1M No.2316686 Notary Public PUB 1.L ► COMITINslon Expires J(rI B CEN i II N A"f It Resolutions adopted by � , f 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, for and on behalf or the Company, of bonds, undertakings. retwgnlrances, contracts and other written commitments or the Company entered into in the ordinary course of business (each a'Wrinen Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the company. under the seal of the Company or otherwise. (2) Eadr duly appolntcd attorney-tn•fact of diet mnpany its hereby authorized to execute any Written, Commitment for and on brhatf of the co m(rany, under the seal of the Company or otherwise to the extent that such action is authorized by thegrant ofpowrs provided for Inmch persons written appointmentas sucil auorncy-Ift fact. (3) Each of the Chairman, the President and the Vice Presidents of the rompanylshtwd)yau11xsized.foramdan bebalfofOwCompany,toamxylnt In wer'larm any person the attorney, In -fact of the Company with full power and auttxxity to execute, for and an behatf of the Company. undrX the stator the Carrrclrany fir rcrllrcr wt"ie, such Written Commitments ofthc, Companyas may be specified in such written appointment, which specification may be by general type or dass or written Commitments or by speclFleation of one or more particular written Commitments. (4) Each of the Chairman, the Resident and the Vice Residents of the Company is hereby authorized, for and an behaifof the Company, to delegate In writing to any other oMcer of the Company the authority to execute, for and on behalf of the Company, under the Companyrs seal or otherwise such Written Commitments of the Company as are specified In such written delegation, which specification may be by general typeor dassof Written Commitments or byspecificatlonofoneorMore Particular Written Commitments, (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facslmlleon such Written Commitment or written appointment or delegation, FtIRTHERRESOLVED, that the foregoing Resolution shall not be deemed to be an exciuslvestatementofthepowersandauthorityofolfhcers,employeesandotherpersonstoactforandonbehalfof the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested," 1, Dawn M. Chloros, Assistant Secretary of FEDERAI. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Oompantes") 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, (it) the Companies are duly licensed and authorized to transact surety business in all So 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 (IR) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals ofsaidCtlrnpargesatWhitehouse Station, NJ, this December 17, 2018. , Dawn M. Chlorrrs, Assistant Secretary WWWWWWW ., A CLAIM, VERIFY 71{E AUIYiENTICTY OFTHIS 6O(\U OR NOTIFY US OF ANY OTHER MATTF,R, PLt«ASEt',yl3ti fAi".q"t.I»5' AT: tli'Y91�� EVL4tsi t�AD1A�SID'ti"OtCt"4'Pt'Y4OFIhoorei„lC)t)�10�3'i;+J�' tatx('.t(BA 3•itCedd r-mail xrnrea twh�b,utrm Far'm1 it.l 25 ,4,,GENCONSENT'(my 12.15) Final Waiver of Lien State of Indiana, County of St. Joseph SS: John Peisker boing duly &wom that lia/she. is the Vice President of Asphalt Operations (Name of Officer) (Title) Of Walsh & Kelly, Inc. having contracted with City of South Bend (Contractor) (Owner) to famish certain materials and/or labor as follows: Asphalt, Concrete and Pavement Marking (Description) for a project known as # 117-041A: Downtown Cross Street Improvements . . . . ........ (Name of Projeot) located at Downtown Cross Street Area ... ...... . and owned by City of South Bend (Owner) and dDOS hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that them is due from the Contractor the, sum of Dollars El receipt of which is hereby acknowledged; or El the PaY1,101it of'Which has been promised as, the sole consideration for this Affidavif and Final Waiver of Lieu which is given, solely with respect to said amount and w1,11ch Waiver shall be cfrec4ivle only t1pon receipt of payajent thereof by the andorsIgued; (FINAL WAIVER) that the final balance due from the contractor is the sum of 87,694.31 1:1 receipt of which is hereby acknowledged; or X1 thepayincut of which 11'as been promised as the sole consideration for this Affidavit and.Final Waiver of Lien which shall become offective only upolIxecelpt of such payment. THEREFORE, the underslAilad waives arid, releases unto the Owner of said promises, any and all liens or claims whatsoever on: the above-describedproperty and linjirovoniceijs flierq,(%Wjjjjyj t of labor ormaterial or both, funnislied b the undersigned therolo, subject to lilnitAt[ons: or colidi6ons oXP1-Wscq ?d n a right �.O;jirfhcr cortifted thatno other plu-ty hats any claim or tto a )"on on accollat of any work performed or niatoriull ;t;Itf thCW*iod (br said project, mid within n!)n of this Affidavit and Waiver ofL!m 0 C00' R'q Walsh & Kelly, Inc. (Authorized STATE OF INDMNA SEAL. SS: A I ST. 30SEPH COUMN 410 IND I Before ine, the undersigned, a Notary Public, Z%tilij I: John Peisker AiMAUUtY and State, personally appeared and acknowledged the execution of the foregoing Affidavit and Waiver of Lien, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my offici e.,alonthe 7th _. day of Jan ua�y.__._--- 200 /Olaicy� IPTUblic Signature My Commission Expires; June 07, 2023 Residingin _.,, Indiana county, Marshall Amy Elizabeth Turpin Notary Pu M. AMY EL12ABETH TURPIN Notary Public, state of Indiana Marshall County Commission Expires June 7. 202.1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/08/2019 Department Public Works Name Toy Villa ��...........................................�......� �_�...�. Division/Bureau �.E��.��_................m�. .......�..�................ ng' eering ........ .....w.. m__.._,� _.. ..... BPW Date 01/22/2019 Phone Extension 5920 u�m mmmmmmwu �.m^.mr i... mnmmuwru�zmna mmmuuuwmmmmmi mmrmeu mw. w mmmuummmmmmuuuummiwmuuuuuuummmu uuummmMm Immm ..._. Re wired Prior to . Submittal to Board Legal Attorney Name: Controller F] 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 El Check the H Agreement El Professional Services Bid Opening D Quote Opening ❑ Change Order No. ❑Ease/Encroach. F-1 Other: Company or Vendor Name prop riate Item Ty Required for All Submissions Contract Proposal Resolution ❑ Bid Award ❑ Req. to Advertise ❑ Quote Award El C/O & PCA No. ® PCA ❑ Traffic Control: 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 LJ Increase [—] Decrease Previous Amount $ ................ Current Percent of Change: % New Amount $.... Total Percent of Change: % Copy Original ❑ ❑ ❑ ❑ ❑ ❑ Required Information Walsh &,Kell , Inc. Proiect Closeout Addendum ❑ Title Sheet If Yes, Approved by ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. .W .w yired For Charm Orders n!y..............._. .......--------------------- ...�� m,,,,,.�.�..................��.. Dispersal After Aooroval