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Home My WebLink AboutProject Completion Affidavit - McKinley Ave and Fremont Park Improvements Project No 118-072 - Walsh and Kelly Inc1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PUBLICBOARD OF WORKS July 23, 2019 Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/235-9171 RE: Project Completion Affidavit — McKinley Avenue and Fremont Park Improvements, Division B —Project No. 118-072 Dear Mr. Hilary: The Board of Public Works, at its meeting held on July 23, 2019, approved the Project Completion Affidavit for this project in the amount of $245,920. 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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA� BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT� PROJECT NAME McKinel Avenue and Fremont Park Im rovements Division B - , , .._��..P_ w „ ._. ..... .___w PROJECT NO 118-072 FINAL COST $245,920.00 CONTRACT SIGNED 12/10/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Curb replacement, sidewalk installation and 2avernent resurfacing at Fremont Park. 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 Be! of South 5 were a part of the above Contract. Executed thi "Alb ay of/ toWalsh & Kell�lnp mpany Name Sign 24358 State Road 23 Company Address 0 Hilt VP of South t' Arne........... Tinted 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 2&tb I 4ay of i jung,,_, 201„ u�y�v";��ALISHA I<RUEGER l Notary Public, State of Rndi na sa. Joseph phCoumy Notary nature o�ires"s `` June 0b, 202 2 All usaer Printed Name County of Residence $t. Joseph If the Contractor is a corporation, the following certificate will be executed.�� Iw . Dustin Hue of said Corporation; that said release was ui signed for c oh t Ifl that r m� J� c�ae� aum m o signed n d this release on behalf of the contractor � I p ( y g q � nko C rs " in Auth I y f • governing body, and is within the scope of corporate powers:Rl RATc Secr ary"s Signature �t1.ro 7rila,Seel t Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL �' This project is acce table r a pproval and we recommend to the Board of Public Works that it be ordain �s'or iJ i r mf g "I Date: —75 19 Constructio ger OARD OF PUBLIC WORKS APPROVAL *zah e-5c"Giloi �_� ,,,�.�-�sident Gene teve E. Miller, bar radik, Member Therese J orau, ember aura O'Sullivan, ber 4LIda M. Martin, Clerk Z F-1 I 1B E3 ° Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Maintenance Bond Bond No.MNT 8252-46-73 Amount$24,592.00 Know All Men By These Presents, That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinunder called the Surety), as Surety, are held and firmly bound unto City of South Bend, Indiana, Board of Public Works 227 West Jefferson Blvd. South Bend,.. IN 46601 Twenty Four Thousand Five Hundred Ninety Two Dollars (hereinafter called the Obligee), in the amount of and 0a100 ($ 24, 592.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 28th day of June, 2019. WHEREAS, the said Principal has entered into a contract dated December 10 , 2018 for: McKinley Avenue and Fremont Park Improvements - Project No. 118-072 And WHEREAS, the said Principal is required to guarantee the McKinley Avenue and Fremont Park Improvements - Project No. 118-072 installed under said contract, against defects in materials or workmanship, which may develop during the period 7/23/19 to 7/23/2022 Form 15-02.0075FED (Rev. 5/17) 0 u NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform thesaid guarantee, and shall, on due notice, repair and make good atits own expense anyand all defects in materials or workmanship in the said work which may develop during the period 7/23/19 to 7/23/2022 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, Inc, By Hi] ary AP of South Bend Area Federal Insurance Company By Attornepin-Fact David M. 01fier ro� � For,15-02-M5FED (Rev. 5p) For,15-02-M5FED (Rev. 5p) CHUBB' 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 Lisa M. Becker, Tia A. Boice, Terry R. Hurst, Brian T. Morton, David M. Oliger, Kathryn R. Postma, 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 affix their corporate seals 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 bail 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. 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 61" day of March, 2019. Iltiv;n A1. Chloros. Asaist:lnl Sorretaty r STATE OF NEW JERSEY County of Hunterdon SS ✓ "'— Sicphen N1. I lancy. Vice PliAidefll On this 61 day of March, 2019, 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 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 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 of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted With Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponents presence. Notarial Seal ROBE CUFMS N0TI1WRffiucoFwWjS EY auuraiW 5W2400wo 2L2M Notary Public 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, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written 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) Each duly appointed attorney -in -fact 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, to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney - in -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 specification 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, to delegate In writing to any other officer ofthe Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more 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 facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted 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, (ii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 23rd day of July, 2019. ��. M z ""w`f 0 Ikw:n M.Chlck,(z;. Assistant Sccrc�l:ilil VN TI I E EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: TeICPltnna.0WZK)903 3493 F;yx(9478)903 .9BS4r a-naatl .nur4tyOchNkltb;cNattlt ._.. .......__ . e d II.V:) "w°0&111 (mv, 08 It1) Final Waiver of Lien State of Indiana, County of St. Joseph SS: Dustin Hilary being duly sworn that he/she is the South Bend Area Vice President (Name of Officer) (Title) of Walsh & Kelly, Inc. having contracted with City of South Bend, Indiana (Contractor) (Owner) to furnish certain materials and/or labor as follows; _App Pavia_ ,Concrete, Landscape and Pipe Work (Description) for a project known as McKinley Avenue & Fremont Park Improvements (Division B) (Name of Project) located at McKinle Avenue & Fremont Park, South Bend, IN and owned by City of end, Indiana 1411001/' (Owner) ,...�. , and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier: ;� coo 1� �� " yC7� (PARTIAL WAIVER) that there is due from the Contractor the sum of SEA .* .. Dollars IRA. ..»....» Elreceipt of which is hereby aclutowledged; or �rrt 1111111110 ❑ the payrnent of which has been promised as the sole consideration, for this Affidavit and Final 'lii,+"aiver of Lien which is given solely with respect to said amount,, and which waiver small be of alvc only, upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of ❑ receipt of which is hereby acknowledged; or ® the Payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective only upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all liens or claims whatsoever on the above-deserlbed props ty and improvements thereon an account of labor or material or both, furnished b the undersigned thoreto, subject to limitations or conditions expressed hereln, if any; and fluther certified thgt�rlo other party has any claim or right to a Beta on account of any work performed or material furnished to the undersigued fora id r dct, n s tlmin the scope ofthis AftldaAt and Waiver ofLlen. '° �* Walsh & Kelly, Inc: By ` " rized Repro STATE OF 1NDIANA (Firm) ry, %u oh r tati e 1 drl Hila uut Bend ea se President ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Dustin Hilary and aelmowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, Ihave hereunto subscribed my name and affixed mZoPu�bllo onthe26th day o200 19. .'Signatut�a My Commission Expires: June 7, 2023 eth Turpin Residing in Marshall county, Indiana Am I�lial� I, Mvi II I hdV,Arar �Egg'pp4 t)ira„ q :aa of Nr�s�lans omnliswri Expifes �W fun-"T, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 07/05/2019 Tov Villa Department: Engineering BPW Date 07/23/2019 Phone Extension 5920 wrwn �rrv� mioimom�rtwm.u^�iti vmmm.?r1rkry�Otrnvmnc.W.rra �a„a,a aumrirr..��.�,..•m...m......,,.,,uaoouxwmiowuvw�,�aan��rMM� Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney 0 Attorney Name Purchasing Check the Af_Eq fate Item I pe mml mrtxr 6 —.... ❑ Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Amendment/Addendum E] Bid Opening El Bid Award Quote Opening 0 Quote Award * Proposal Opening F-1 C/O & PCA No.. * Chg. Order, No. El Traffic Control Other: w _. f to ui d Information Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description A Submissions.........� Proposal L j Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ® PCA Resolution Ease./Encroach Walsh....& Kell.'z��ln...................................................................................................................�.�.�.. ................... _..m.,.�. ❑ Yes❑ If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached N s Mc�inl 'y WlLle and Freemont Park Improvements Division B .._ ........ �.� . 118-072 LRSA and VPA 251.0608.431.42.96 1201.1101.452.36.01 $245920.00 --- _-__--------------- rgject,,Qlgseout For ha -OrdersOnly Amount of _______________ ... Increase $ ............. __ 0 Decrease ($ ) -- .....__........ .....---- Previous Amount $ Increase % ................_.__...,.m......... ..... ........................... Current Percent of Change: Decrease ( _ %°) New Amount $ Increase % Total Percent of Change: Decrease %) Time Extension Amount:. New Completion Date: