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Home My WebLink AboutProject Completion Affidavit - St Joseph Street Improvements Project No 118-008 - Walsh & Kelly1316 COUNTY —CITY BUILDING � PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD IPA c"b. i "' FAX 574/ 235-9171 SOUTH BEND_ INDIANA 46601-1930 ^ , 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 — St. Joseph Street Improvements — Project No. 118-008 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 $449,436.52. 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 St. Joseph Street Improvements PROJECT NO 118-008 FINAL COST $449,436.52 CONTRACT SIGNED 9/11/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Street impovements alonq St. Joseph and Callander Streets 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 thaJAhe contractor performed the work within the scope of the Specifications and Standards of the City Executed thi 1 � JBI " of South Bend whic ere a part of the above Contract , 2019 Walsh & Kelly, Inc. Company Name Si'9 t 24358 State Road 23 tin Hila P of South Bend Area 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 HiIaN and acknowledged his/her signature to the above Pro'ect Completion Affidavit on the "11th ayo JU 2019 Ilea, ALISHA KRUEGER Y P& Notary Public, state of Indiana Notary gn ture tr Cono ssiami 5,p2�2ires a/ !' Alfsha 1rueater �� June Printed Name County of Residence St. Jogeph 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 stin i1a who signed this release on behalf of the contractor was there VP f CV Auth Its governing body, t�,i th Bend Are of said Corporation; that said release was duly signed for and on bh' if1,, pf , and is within the scope of corporate powers: Al Signature Corporate e J�7ic"haels� �,' ,r � m Schaum Printed Name;r s'a DEPARTMENT OF PUBLIC WORKS APPROVAL This project is accepta7W" approval and we recommend to the Board of Public Works that it. be ordairidd, Date: Ck a Constructio ager INI t`BOARD OF PUBLIC WORKS APPROVAL Date: l,) ht-U-1 UL U I k Gary A. Gilot, Ofesident Genevieve E. Miller, Member Elizabeth A. MbradiR, I/lember The�J, Dorau, Member Laura L. O'Sullivan, Member .Martin, Clerk Maintenance Bond That we, Surety 0 + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, M 08889-1650 Federal Insurance Company Bond No. MNT 8246-60-06 Amount $44,943.65 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 Board of Public Works, City of South Bend, Indiana 227 W. Jefferson Blvd. South Bend, IN 46601 (hereinafter called the Obligee), in the amount of and Forty Four Thousand Nine Hundred Forty Three Dollars for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 12th day of July, 2019. WHEREAS, the said Principal has entered into a contract dated September 11 , 2018 for: St. Joseph Street Improvements, Project No.: 118-008 And WHEREAS, the said Principal is required to guarantee the St. Joseph Street Improvements, Project No.: 118-008 installed under said contract, against defects in materials or workmanship, which may develop during the period August 6, 2019 to August 6, 2022 Form I5.02.0075FED (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 August 6, 2019 to August 6, 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. e Yy V j 6 � Walsh & Kelly, c. ' rn �f u�M By II, Hilary, VP of South Bend Nrea ji Insurance Company By Attorney -in -Fact David M, Oligier Form 15-02.007SM (Rev. SM) CH'UBB' 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. Itivm M. Chic N'cis. A,,tiistail( Secretary 5llythc9l 11. Haney. Vice Prc�idan STATE OF NEW JERSEY County of Hunterdon ss. On this 611 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 deponent's presence. Notarial Seal ROSE CURTIS xr NOTARY RIBUC OF NEW ina �"urdMew No, 500 12400 ,. �tx;ay I'tIN'tiv:' 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 behalf ofthe Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attomey4n-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 ofthe 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 ofthe 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 of the Company, to delegate In writingto any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe 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 ofilcer 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 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 ofthe Companies are true, correct and in full force and effect, (9) 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, M, this July 12, 2019, ltiwn \LChlot•cx;, A,6istnnt Scve^crtkpu�' t• tl, Ill lxUWIS11 TfO�VERIFY ( si2q.AUTHENTICYTY OF THIS BOND F,a '3(if )�# O65RO .TIFY Ue-ma I tiOF ANY OTHER ret (riPGirryybbTTE M PLEASE CONTACT US AT:..._...... co .......... i A�IM v,4 , Final Waiver of Lien State of Indiana, County of St. Joseph SS: Dustin Hilaryg y Area Vice President heir dui sworn that he/she is the South Bend � M w�. (Name of Officer) (Title) of Walsh & Kelly, Inc having contracted with City of South Bend (Contractor) (Owner) to furnish certain meterials and/or labor as follows, Asph@ P !n, q re"t; , Sewer and Landscape (Descrlption) t Improvements, Project#*11-05,011ttttI for a project ]mown asJoseph � ....�._...._.. ttreet I,� (Name &- of , St Joseph Street, South Bend "� " CO O ` er located at CityP of Sou d, IN 46628 � t�� Bend, Indiana t = and owned by _ . ... ..,, t(Owne ) and does hereby further stale on the behalf of the aforementioned subcontractor/supplier: /" `° "+••"'"`w S i (PARTIAL WAIVER) that there is due from the Contractor the sum ofr/ N A txr __ _ .... , Dollars AmM. ❑ receipt of which is hereby ackriowledged; or ❑ the payment of which has been promised as the sole consideration for this Affidavit and final Waiver of Lien which is given solely with respect to said amount, and which waiver shall 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 (� 57,217.g8 ❑ reeelpt of which is hereby acknowledged; or Ill 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 -described property and improvements thereon an account of labor or natter th, fornisl die undersigned thereto, subject to limitations or conditions expressed herein, if any; and fidlier cc M5qJ its other p tas any claim or right to a lien on account of any work performed or material fumishad to the undersi�l° o!Is al ect,and n the scope of Affidavit S and Waiver ofLlen. Walsh & Kelly, Inc (Firm) (Attthoritx1 Il epresentivo) STATE OF INUTANA SS: stir Hilary, ilary, South Rend Area Vice President ST. JOSEPH COUNTY undersigned,Notary County y appearedDustin Hila IN WITNESS WITNE Se WHEREOF I have hereunto subscribedrm i nape and affixed my �AtI seal on the 6th de /of and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. August 200 y9 y y dot iy Public Signature My CommissionExpires: ........ June 7, 20„23 Residing in Marshall......_,..... county, Indiana _.�ro�._.......�..� Amy Elizabeth Tur in ,�...........W..... Notary Public Name "6Y EUZAETH *` R'P- ,(N ra ory PO it x 9rp rs asr ds¢i::� .,. � CttI�ITiI,�a.ti@CyMh I.,Jt,��4 tuna 7, 202,� BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/0 9/201 9 Name Toy Villa Department: Engineering BPW Date 08/27/2019 Phone Extension 5920 mm»mmu mmmmomommomwmy= mmmmw mrim ar HE mnmar ..,.,.,.,.._..�._.�............._.......,..�..._.�_—.........�... _..... ........... 11 i edITPrior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing Check the Amiroonate Item " oe -. k.J Professional Services Agreement LJ Contract ] Open Market Contract ❑ Amendment/Addendum Bid Opening ❑ Bid Award E] Quote Opening ❑ Quote Award Proposal Opening R C/O & PCA No. Chg. Order, No. ] Traffic Control F-1 Other: Information Company or Vendor Name Walsh & belly, Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All Submissions ❑ Proposal ❑ Special Purchase, QPA 0 Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ® PCA E] Resolution Ease./Encroach Yesl If Yes, Approved by Purchasing No MBE ❑ WBE Completed E-Verify Form Attached ❑ Nos St. Joseph Street Improvements 118-008 SouthSide Development TIF................................��..........................m_..............�.�.�................_. 430.1050.460.42.02 $449,436.52 Project Closeout .......... For C1 � ng Orders O ld Increase Amount of $ Decrease ($ Previous Amount $ Increase % Current Percent of Change: Decrease %) New Amount $ -- .. �_�....._...............w---------_ ._...... Increase_.�......._...._....................................�_ o ° ........................ �. Total Percent of Change: Decrease �, -__� _____.� �_........................... _ �.�...................................................._. Time Extension Amount: New Completion Date: