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HomeMy WebLinkAboutProject Completion Affidavit - LWW and Charles Martin Sr Dr Improvements Project No 117-072A - Selge ConstructionTu 1316 COUNTY -CITY BUILDING PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD � PECw" FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-1830 4; CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS September 10, 2019 Robert Kuhns Selge Construction Co., Inc. 2833 S I lth Street Niles, MI 49120 RE: Project Completion Affidavit — Lincoln Way West and Charles Martin Sr. Dr. Improvements — Project No. I I7-072A Dear Mr. Kuhns: The Board of Public Works, at its meeting held on September 10, 2019, approved the Project Completion Affidavit for this project in the amount of $1,197,648.10. 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, � e 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 `"" IN'S PROJECT NAME Lin� West and Charles Martin Sr. Dr. Improvements PROJECT NO 117-072A FINAL COST $1„197,648.10 CONTRACT SIGNED 6/26/2018 MAINTENANCE AGREEMENT ENDS Realignment of Leland Ave with Lincoln Way; Intersection Improvments; Rebuild Lincoln Way PROJECT DESCRIPTION and Scott St. Intersection 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 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 9th day of JuiY a 201 9 Selge Construction Co., Inc. Company Name Signature Robert Kuhns, Project Engineer Printed Name 2833 S. 11th Street Company Address Niles, MI 49120 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Robert Kuhns , and acknowledged his/her signature to the above Project Completion Affidavit on the 9th day of l 201 9 Notary Signature My Commission Expires Vicki A. Priest Printed Name County of Residence If the Contractor is a corporation, the following certificate will be executed. i'OTAR"Y -RAC J MY COMMISSION' EXPIRES n Vicki A. Priest O,p 1, certify that I am Secretary of the Corporation executing this release; fftear��nrrrrii',i Robert Kuhns who signed this release on behalf of the contractor was then Project Engineer of said Corporation; that said release was duly signed for and on behalf of said Corporation by Author y of its governing body, and is within the scope of corporate powers: Secretary's Signature Corporate Seal Vicki A. Priest Printed Name 07/25/2020 Berrien DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable fdie fu al approval and we recommend to the Board of Public Works that it be ordained so. Date: MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. INC60755 That Selge Construction Company, Inc. 2833 S. I Ith Street, of Niles, MI 49120 as Principal, and the Merchants Bonding CouTr an Mutual as Surety are held and firmly bound unto the City ot South Bend, I-nd iana, Board o 'ubis WoiKT, 227 West Jefferson Boulevard, South Bend, IN 46601 in the penal sum of One Hundred Nineteen Thousand, Seven hundred Sixty -lour and 81/100 ($119,764.81 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this l lth day of July 2019 WHEREAS, the Principal entered into a certain contract dated the 26th day of June 2018.with the City of South Bend, Indiana, Board of Public Works to furnish all the material and labor necessary for the construction of Lincoln Way West and Charles Martin Sr. Drive Improvements Project No. 117-072A in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Three years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Com an (Mutual) for valuable consideration, has agreed to loin with said Principal in such bond or guarantee, indemnifying said City of Souut�l Mend„ Int 4ma, Board of Public Works as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of 'I'1'u1'cc years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Selge Construction Company, Inc. Principal By Approved Robert Kuhns, Project Engineer By g Company (Mutual) Merchants Bonding � ants CON 0304 (2/15) ' 1. evin Hughes, Attorney -in- 4t MERCHANTS BONDING COMPANY. - POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jade M Karst; Jessica K Callahan; Marie E Comparet; Melinda Jagger; Thomas J VanDyck; Tom McGovern their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 14th day of July 2017 •" C1' i�G ° "" 0. ."" yc" C,, . r" * MERCHANT BONDING COMPANY (MUTUAL) ' MERCHANT NATIONAL BONDING, INC. By shlent STATE OF IOWA�""�eu COUNTY OF DALLAS ss. On this this 14th day of July 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tAL ALICIA K. GRAM o fit, o" Commission Number 767430 My Commission Expires caw _ April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of July 2019 , a 200'3 loy " d • 19 3 ,ti Secretary 0+F y " ««.* ,MNr1 „ %y« ",gyp..,....^ k*ww. u*'WM�y''�I, #•,�� YI IYstlY.v:sM11f POA 0018 (3/17) w aw Ir I.. it Final Waiver of Lien State of Indiana, as: WHEREAS, the undersigned Selge Construction Cyr. hic, has been heretofore employed j� bythe _Cit o f S.out [i Bend, Indiana to furnish certain material and labor, to wit: Lincoln Way West and Charles Mart -in Sr. Drive Iniq)rovements., # 1, 18-072A for the real estate owned by the_ C J�tof&gLdhBand located in South Bend, IN County of St. Joseph, State of Indiana, Now Therefore, Know Ye, That the undersigned, for and in consideration of Twenty Two Thotisand 1,ive Hundred Seventy Dollars and Zero Cents (322,52Q.00the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said owner of said premises, any and all lien, right of lien or claim of whatsoever kind of character on the above described real estate. TO AND FOR SAID AMOUNT, an account of any and all labor material, or both furnished for or incorporated into said real estate by the undersigned up to this date, and we further certify that the consideration moving to the undersigned for executing this Final Waiver of Lien has been mutually given and accepted as final payment to or on account of the said project for said real estate. Signed, sealed and delivered this 2nd day of July, 2019 Signed Robert P. Kuhns, Project Engineer Personally appeared before me this 2nd day of July, 2019, Robert P. Kuhns who being duly sworn on oath, says: That he is a Proiect Enginaer for the and that he hereby acknowledges the execution of the foregoing in aid Selge Construction Co., Inc. My Commission expires: 11 /08/2020 Notary PLJb'1i'Zr $11111111 WOO'S BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/03/2019 Name Toy Villa Department: Engineering BPW Date 09/10/2019 Phone Extension 5920 malmmm omomomomo�muwwrorn svcnIDm�moremax wIDne u+ mmmmsm>�mu��>m�,�um�nnomomomomomomomomowwwomomomomomomomomomtomomomomomomomommmmmmwmmuenervmmmw�iun�a mmmmmmmmmmmmmmmmmmuuuuuuuuuumn ifffeu& .�.�. _....�..._._. ..,.... ._....__.�,....__........ _...... --- _............. ..._._...,.—......._......... .�.�.�.�.... m .....m... ...._.� .... Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing . ................�_...._..�.......w .. �.......� Check the nnror�rr`ate Item ` we . l.Rt'Subm t"tuitwd l a• All issions L Professional Services Agreement IL Contract R Open Market Contract Amendment/Addendum E] Bid Opening Bid Award Quote Opening E] Quote Award ❑ Proposal Opening ❑ C/O & PCA No. Chg. Order, No. ❑ Traffic Control Other: eauired Information Company or Vendor Name Sel e�Construction Co., Inc. LJ Proposal E] Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ® PCA ❑ Resolution Ease./Encroach ❑ Yes If Yes, Approved by Purchasing New Vendor Z No MBE/WBE Contractor WBE Completed E-Verify Form Attached � Nos Project Name d Charles Martin Sr. Dr. Improvements Lincolnway West an _....... Project Number 117-072A Funding Source RWDA AccountNo. 324.1050.460.42.0.3.........._............................................................................................................................................__...__________a�w� .,�a Amount $1,197,648.10 Terms of Contract Purpose/Description Project Closeout For Change Orders Only Amount of 1:1 Increase El Decrease Previous Amount $ Increase % Current Percent of Change: Decrease %) New Amount ...... ..- m...- - - m................................_............w Increase % .... Total Percent of Change: Decrease Time Extension Amount: ..... __... � —.. New Completion Date: