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HomeMy WebLinkAboutProject Completion Affidavit - Civic Alleyway Repaving Project No 118-110 - Walsh & Kelly Incii I3I6COUNTY—1 ITYBHfLD[NG �Cr�� �i; PHONE 574/235-925I 227 W. JEFFERSON BOULEVARD,, %J FAX 574/ 235-9I71 SOUTH BEND. INDIANA 4660I -I 830 a, r , CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 27, 2019 Dustin Hilary Walsh & Kelly, Inc. 24358 SR 23 South Bend, IN 46614 RE: Project Completion Affidavit — Civic Alleyway Repaving — Project No. 118-110 Dear Mr. Hilary: The Board of Public Works, at its meeting held on August 27, 2019, approved the Project Completion Affidavit for this project in the amount of $54,047.51. 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 sivra q 4 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ; PROJECT COMPLETION AFFIDAVIT" PROJECT NAME Civic Alleyway Repaving PROJECT NO 118-110 FINAL COST $54,047.51 CONTRACT SIGNED 12/20/2018 MAINTENANCE AGREEMENT ENDS Mill and resurface asphalt alley, west of the South Bend Civic Theatre and Scottish Rite, from PROJECT DESCRIPTION Madison St, north to Marion St. 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 thp contr�ctor performed the work within the scope of the Specifications and Standards of the City of South Bend which wve1part, rf'tI above Contract. Executed this -201v day',f 2019 Walsh & Kelly, Inc. I've�..•�� Company Name Signatb Name VP of South Bend Area 24358 SR23 Company Address South Bend, IN 46614 City, State, Zip WITNESSESS: B fore me the undersigned Notary Public in and for said country and state, personally appeared IA.isti-n Hi , and acknowledged his/her signature to the above Project Completion Affidavit on the 2A dayf J 201 �av °�"° ALySHA KRUEGER Notary Public. State of Indiana �w St. Joseph county No Signature, t?artr1�9R?II�Srua�� d" bl 7 Q2 6/5/22 Printed Name „ County of Residence 5-�-• �J o 1� If the Contractor is a corporation„ the following certificate will be executed. I J. Kichael Sckut certify that I asp Secretary of the Corporation executing this cellos that W Lin I who signed this release on behalf of the contractor W' atl4len g , � ��rrrl Ar %g r12, of said Cor'porabonp that said release was duly signed for and on`t� half of said Corrpo tiorZ�)Y,' o�riZyoll�l r v rning body, and is within the scope of corporate power& "w1 Secrtar dgnature � ,Corporate Seal 1. chae . Schau'tl Printed Names DEPARTMENT OF PUBLIC 'WORKS APPROVAL This project is acceptable -for fin II approval and we recommend to the Board of Public Works that it be ordained so„ Date: C t ons ruction der BOARD OF PUBLIC WORKS APPROVA The ese J. D rarr, Member Laura O'Sullivan, Member L Maintenance Bond That we, Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Bond No.8258-53-37 Amount $5,404.75 Rnow All Men By These Presents, 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 (hereinafter called the Obligee), in the amount of Five Thousand Four Hundred Four Dollars and 75/100 ($5,404.75 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 22nd day of July, 2019. WHEREAS, the said Principal has entered into a contract dated for: Civic Alleyway Repaving, Project No. 118-110 And WHEREAS, the said Principal is required to guarantee the Civic Alleyway Repaving, Project No. 118-110 installed under said contract, against defects in materials or workmanship, which may develop during the period July 22, 2019 to July 22, 2022 Form 15-02-0075FED (Rev. 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 July 22, 2019 to July 22, 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 is Hilary, VP of SOuth Bend Arai FrIlk Federal Insurance CompanyI h By Attorney -in -Fact David, M, ®liger E N Form 15-02.0075M (Rev. SM C H- U B B' 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, Tla A. Boice, 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 12" day ofJuly, 2019. Dawn ]I Chlrrnr;.IntSect Cull y A STATE OF NEW JERSEY County of Hunterdon Slxylhen 11. Ilancy. Vice III-LNdenl On this 12m day of July, 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 deponenCs presence. Notarial Seal ROSE c NOTARY PUBl1C OFF NEW NEW J9i4kY *wwM 00 Cm"�60"WAV* 7L2ar! 'tiGFt,9Y� IwVAIrlka 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 ofthe 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 behalfof the Company, under the seal of the Company or otherwise. (2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe 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 ofthe 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 ofthe 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 maybe 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 ofthe 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 be an exclusive statement ofthe powers and authority of officers, employees and other persons to act for and on behalfof 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 ofthe Companies are true, correct and in full force and effect, (if) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this h ly 22, 2019, pavan }l Chlur(>-A,�,Aatlt 'IN T f E 9i ,XNaTNOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: f Tole Mum eB4 )RI5103,,349.1 Faxf£R'Igt,4YM-Afe.q, aq•amfl, Kurttivorliohh.f.pin �u II FED- VIG-PI (rev 08-18) Final Waiver of Lien State oflndiana, 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; for a project known as located at and owned by Civic Al It Paving and Concrete Work Repaving Main Street Area, South Bend, IN of South Bend, Indiana and does hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the suns of Dollars ❑ receipt of which is hereby acknowledged; or ❑ the payment of which lies been promised as the sole consideration for this Affidavit and final Waiver of Lien: which is given solely with respect to said asnowit, and which waiver sball be effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of 3, 3 17.38 ❑ receipt of which is hereby acknowledged; or ® the payment ofwhich has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become offective on(y 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 -described property and improvements thereon an account of labor or material or both, famished b the undersigned thereto, subject to limitations or conditions expressed l s and further certified that fro r party has any claim or right to a lien on account of any work performed or material s dui ersigned for said project we scope of this Affidavit and Waiver of Lion. y / Walsh & Kelly, Inc: GO qq r Apre entail 'ft 'rn) ft oe STATE of INDIANA ) SEAL*; n Hilary, (South Bend rea1Pce President SS: ST. JOSEPH COUNTY )''• .•°w"" unty and State, personally appeared Dustin Hilary Before me, the undersigned, a Notary Pubir`# QAA and acknowledged the execution of the foregoing Aff SPIO'MV alver omen. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my otficlal al on the 24th day of 200 19 . l N t� Publi Signature My Commission Expires: June 7, 2023 Residingin Marshall h Turpin County, Indiana 0 � Elizabeth �. Y 400ETH TUf PIN Notary dub ie State of Indians Marshall County Commission 6xpirQ6 June 7, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date-08/09/2019_...W......._____._...._--_---_____ �._..............__�.___W Name _.........Toy Lilla ���.,.,,.. Engineering BPW Date 08/27/2019 Phone Extension 5920 iwmwowmmmmmmmmmomamurrmmmmuwmmanwummummmiuwaur�nnwaaudw.mrrvwwrru�aNmimuwwamw!wanr aenemaenuwnwuuuww�rmromm mmmuwvmar i wmrmm��mm mm H of wavrm� __ Required Priorwto Submittal to Board BPW Attorney Attorney Name ............... ......... ..... .... .....____ .....__._ ........_ ......... ._............�. Dept. Attorney 0 Attorney Name Purchasing 1:1 Check the Appropriate Item Type - " Professional Services Agreement LJ Contract Open Market Contract E] Amendment/Addendum [] Bid Opening ❑ Bid Award E] Quote Opening ❑ Quote Award ❑ Proposal Opening ❑ C/O & PCA No. Chg. Order, No. 0 Traffic Control R Other: Company or Vendor Name Walsh & Kelly, Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All Submissions LJ Proposal 0 Special Purchase, QPA ❑ Req. to Advertise ❑ Reject Bids/Quotes ® PCA Resolution Ease./Encroach Yes" If Yes, Approved by Purchasing No ❑ Title Sheet ❑ WBE Completed E-Verify Form Attached ❑ Nos Civic Alleyway Repaving 118-110 Complete Streets Transportation_ 404.1001.460.42.30 $54,047.51 _Project Closeout For Change Orders Only �.... - Amount of ❑ Increase L.­­ _............................................. .. _.............. Decrease Previous Amount Increase % e: Current Percent of Change: Decrease / New Amount $ .........................°.° Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: