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HomeMy WebLinkAboutProject Completion Affidavit - East Race Boat Launch Slope Repairs Proj No 118-305B - Selge Construction Co., Inc.fl 1316 COUNTY -CITY BUILDING : w, { PHONE 574/ 235-925 I 227 W. JEFFERSON BOULEVARD `. MACE FAx 574/ 235-9171 SOI ITH BEND_ INDIANA 46601-1 830 a 9 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDF PUBLIC WORKS November 12, 2019 Mr. Robert Kuhns Selge Construction Co., Inc. 2833 S. I Ith. St. Niles, MI 49120 RE: Project Completion Affidavit — East Race Boat Launch Slope Repairs — Project No. 118-305B Dear Kuhns: The Board of Public Works, at its meeting held on November 12, 2019, approved the Project Completion Affidavit for this project in the amount of $49,204. 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 ONT !aAAa1 .. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME East Race Boat Launch Sloe Re airs PROJECT NO 118-305B FINAL COST $49,204.00 .�. ............. CONTRACT SIGNED 7/18/2019 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Sloe restabilzin 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 3rd day of October 2019 Selg_ Construction Co. Inc. Company Name Signature 2833 S. 11th St. Robert Kuhns, Project Engineer Company Address Printed Name Niles, MI 49120 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared and acknowledged his/her signature to the above Project Completion Affidavit ors`` the 3rd' da^Octcber 201 9 y OTAnw%t,. Notary r�F' Signatt ure My Commission Expires 07/25/2020 M MY C ".."m ki I S 10 i � o ���' Vicki A. Priest Berrien `,.' Printed Name County of Residence If the Contractor is a corporation, the following certificate will be executed. I„Vicki A. Priest certify that I am Secretary of the Corporation executing this release; that Robert who signed this release on behalf of the contractor was then of said Corporation; that said release was duly signed for and on behalf of said rr��ratbony governing body, and is within the scope of corporate powers: C b Authorwt of is .....w Secretary's Signatu Corporate Seal Vicki -A. Pries Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for u I approval and we recommend to the Board of Public Works that it be ordained so. �. 9 3 t9 Date: Construction r r~ BOARD OF PUBLIC WORKS APPROVAL Date'.fl, ary A. Gilot, Presid6t Gen v ve E. Miller, Mp6Wer Elizabeth A. Maradik, Member Therese J. Dorau Member ra O'Sullivan, a M. Martin, Clerk �.ERC AN`T S BONDING COMPANYrM 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. INC60773 That Selge Construction Company, Inc. 2833 S. I Ith Street, of Niles, MI 49120 as Principal, d the y Merchants Bo l` as Surety are " r�din Corn ��rr� Mutua. held and firmlybound unto the it o1 a out a Bend,r, ia- JI I est JeMrson ou evar( South Bonds, IN 466l5 in the penal sum of Four Thousand Nine Hundred Twenty and 40/100 ( S4,920.40 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 3rd day of October 2019 WHEREAS, the Principal entered into a certain contract, dated the 18th day of July 2019 with the Cily of South Bend, Indiana to furnish all the material and labor necessary for the construction of East Race Boat Launch Slope Repairs Project # 118-305B 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 Bondin Com any Mutual for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of South Bend, Indiana 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 Three 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. el'ge Construction Company, Inc. Princ al By Approved Robertu r r0J 0Engineer By Merchants Bonding Company (Mutual) y .w: CON 0304 (2/15) Elaine K. Miller, Attorney -in -Fa t at '"�k MERCHANE 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; Jada 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 BONDING COMPANY I C� b 0' q►' 0'. 1 ' MERCHANTS NATIONAL BONDING, (INC. MUTUAL) 003 1933 .'* By ♦*++�/�- .. fi +""+ '�w �#� ,fir y�" President STATE OF IOWA 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. taut � ALICIA K. GRAM w " Commission Number 767430 '< My Commission Expires Ap d 1, 2020 R u d�qw 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 3rd day of October 2019 ,•+"+ �(%0 N4 "•+., «•' \%%G Co ` ,00 ' + 133' �' Secretary POA 0018 (3/17) Final Waiver of Lien State of Indiana, as:. WHEREAS, the undersigned Set ge Construction. C...-Inc. has been heretofore employed by the City of South Bend Indiana to furnish certain material and labor, to wit: East Race Float Launch Slo e Re vairs -- No 118-305 B for the real estate owned by the +CW°it of Soutli Bec�cl. located in South Bend, IN County of St. Joseph, State of Indiana, Now Therefore, Know Ye, That the undersigned, for and in consideration of Two 1110LI and Four Hundred Sixty Dollars atad 1werillyCents 2,460,20), the 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 3rd day of October, 2019. Signed Robert Kuhns Project Engineer Personally appeared before me this 3rd day of October 2019 I obe:rt Ktilms who, being duly sworn on oath, says: That he is Project Engineer of the Sel ge Construction Co., Inc. and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Set & Construction Co. Inc. My Commission expires: 07/2 /202t ��. �, ����;� ° ,,,.,.. � ,, " Notary Public ll�T1' MY CCMiv11SS10N °i EXPIRES7-25-2020 IZZ " w C O 0 0101��N1$10 %'''11'k BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 10/29/2019 Villa Department Public Works BPW Date 11/12/2019 Phone Extension 5920 -.._... ____ _W ..... ..... _ . Required Prior to Submittal to Board ..... __.... BPW Attorney ❑ Attorney Name Dept. Attorney Attorney Name Purchasing Check the �a at�Item 1"�)e � �`c�,ayi Professional Services Agreement E] Contract [� Open Market Contract ❑ Amendment/Addendum ❑ Bid Opening Bid Award ❑ Quote Opening Quote Award ❑ Proposal Opening C/O & PCA No. ❑j Chg. Order, No. R, Traffic Control E] Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description uired Information All Submissions LJ Proposal E] Special Purchase, QPA E] Req. to Advertise ❑ Reject Bids/Quotes ® PCA Resolution Ease./Encroach She Construction C'onpap , Inc. Yes ❑ If Yes, Approved by Purchasing Z No [:] MBE Completed E-Verify Form Attached F ] WBE East Race Boat Launch Slope Repairs 118-305B Streets &ITAlleyswwm 226-0419-672.42-03 Project Closeout ❑ Title Sheet ❑ Yes ❑ No ...... ITIT For C .ing Orders Q91y ........... ..-............. Amount of Increase $ Decrease ) �_...........�..._............................ Previous Amount $ Increase % Current Percent of Change: Decrease._ ................ % New Amount $ Increase % ........... Total Percent of Change: Decrease %) mITITITITmmmmmmITITITITIT m Time Extension Amount: ........... ._. _ New Completion Date: