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HomeMy WebLinkAboutPCA - Water Works North Pumping Station Well Replacement Proj No. 117-031R - Peerless Midwest, Inc.J 1 f 1316 COUNTY —CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 4660I -I 830 a� r x 1865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 28, 2020 Ms. Robin L. Kealy Peerless Midwest, Inc. 55860 Russell Industrial Pkwy. Mishawaka, IN 46545 PHONE 574/235-9251 FAx 574/235-9171 RE: Project Completion Affidavit — Water Works North Pumping Station Well Replacement —Project No. 117-031R Dear Ms. Kealy: The Board of Public Works, at its meeting held on January 28, 2020, approved the Project Completion Affidavit for this project in the amount of $547,558.72. 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 ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Water Works North Pumping Station Well Replacement PROJECT NO 117-031 R FINAL COST $547,558.72 CONTRACT SIGNED 2/26/2019 MAINTENANCE AGREEMENT ENDS Construction of a new Well No.1 at the City's North Station treatment plant. Improvements PROJECT DESCRIPTION include construction of a new well, well head, approximately 100 feet of 10-inch water main. 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. Exec t this 7th day of January 2040 Peerless Midwest, Inc. Company Name S° 11alure " 55860 Russell Industrial Parkwa James R. Williams Company Address Printed Name Mishawaka, IN 46545 City, State, Zip WITNESSESS; B fore th l�71efsigped Notary Public in and for said country and state, • f t amm'and acknowledged his/her signature to the above F the 7th day of +" „ 201t1 Notary PublicJanua- michi gn , y C Cass count l M Commission Expires Jul 5µ f Nota Signature My Commission Expires Acting in the County f . Robin L. Kealy Printed Name County of Residence Cass If the Contractor is a cor oration, the following certificate will be executed. Michael J • Williams certify that I am Secretary of the Corporation executing this release; that James R. Williams who signed this release on behalf of the contractor was then e er l Manager of said Corporation; that said release was duly signed for and on behalf of said Corporation by uthority, s governing body, and is within the scope of corporate powers: Secretarv's Si nature Michael J. Williams Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL Corporate Seal This project is acceptable fo fi I approval and we recommend to the Board of Public Works that it be ordained so. Date Constructio ager �t k BOARD OF �'+ M Gary A. G081, President APPROVAL Date: '� $ Elrzateth A. Maradik, Member Therese J. 0orau, Member , °f Me — -/Onda M. Martin, Cle MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107136974 KNOWN ALL BY THESE PRESENTS: That we Peerless -Midwest Inc. as Principal, and JEglyfftyand S,r Company o[Arngriva a corporation organized and existing under the Laws of the State of Surety are held and firmly bound unto o h I ui Indiana as Obligee, in the total sum of Fif_q Four Thousand Seven Hundred Fifty Six & 00/100 U.S. Dollars ( S54 5600 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligee dated February 26, 2019 for North Station - Well No. 1 Replacement Prn•ect No 117-031R ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of three 3 year(s) following substantial completion of the Work (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. Signed this 6th day of January , 2020 Peerless -Midwest, Inc. (Principal) Travelers Casualty and Surety Company of America By: J. Karl Sherrill, Jr„ , Attorne -in-Fact Travelers Casualty and Surety Company of America AOINK Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint J. Karl Sherrill, Jr., of High Point, North Carolina, their true and lawful Attorney -in -Fact tosign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 00 y , w awe Hm" wpwroi mM axa+W � " ck State of Connecticut r w By; City of Hartford ss, Robert L. Raney, Se fbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer,. In Witness Whereof, I hereunto set my hand and official seal. +r� My Commission expires the 30th day of June, 2021 OJ1rrR. �. �:�JIRrOIJ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of —1a 0 L/- 0 �r� COW �4tF. 0�U, 11 &ei:�'P—ujhe—s, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-411-3880. Please refer to the above -named Attorney -in -Fad and the details of the bond to which the power is attached. Final Waiver of Lien State of .kl:r , County of CAS-5 SS: James R. Williams being duly sworn that he/she is the G r 1 Ma nA (Name of Officer)(Tit a) of Peerless -Midwest, Inc. having contracted with CIULJQLWorks (Contractor) (Owner) to furnish certain materials and/or labor as follows: Water Works North Pumping Station Well Replacement (Description) for a project known as �Por "ect No 117-081R Water Works lJorth m � (Name of Project) Well No. 1 City's North Station Treatment Plant located at and owned by South Bend Board of Public Works (Owner) and does hereby Anther state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars ❑ receipt of which is hereby aclutowledged; 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; (F�1VAL WAIVER) that the final balance due tom, the contractor is the sum of Fifty -Six Thousand Four Hundred Seventy-Tw2._.78 cents 556_472.7D ❑ receipt of which is hereby a6mowledged; 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 -described property and improvements thereon an account of labor or material or both, famished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and farther cartifled that no other party has any claim or right to a lien on account of any work performed or material famished to the undersigned for sold projEet, and within the scope of this Affidavit and Waiver of Lien. Peerless -Midwest, Inc. By �"""""� (Firm)_qZ(Authorized Representative) STATE OF M1. t`. � SS: COUNTY Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared James R . Williams and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. a n ua r w.i swat on the 7- r day of IN ESS 1tEOF, ave ereunto subscribe m name and affixed my oflicg W Notary Public - Michigan Noly Public Signature Cass County My Commission Expires Jul 5 Ct My Commission Expires:--Arttq In Ulu UU11Y of P Robin L . Kea 1 y Residing t3'� in Cass Coun Notary Public Name .�.�.. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01 /10/2020 Department y Villa Name To�/�J Engineering ....._ .� ........� .. ............._. BPW Date 01/28/2020 Phone Extension 5920 Re Uired Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney ❑ Attorney Name .................................... Purchasing � .........� �........ Check the Appropfiate Item Type — Re " Professional Services Agreement Contract Open Market Contract E Amendment/Addendum ❑ Bid Opening Bid Award Quote Opening ❑ Quote Award Proposal Opening ❑ C/O & PCA No. [:] Chg. Order, No. F-1 Traffic Control [j Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information r�'All Submissions Proposal Special Purchase, QPA F1 Req. to Advertise Reject Bids/Quotes ® PCA ❑ Resolution Ease./Encroach ❑ Title Sheet Peerless Midwest, Inc. -_..............................................._ ............. ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No MBE Completed E-Verify Form Attached El Yes [j WBE ❑ No North Station Well No. 1 Replacement _.. _................................... ..__............... 117-031R �........ _ ...... .-..-............................... Water Works 622.0640.661.46.02 . $547,558.72............__......... _._.............. �..._ Project Closeout For Ci�aaii Orders Oil mm Amount of Increase .-$_.......... .. ..................... Decrease ($ ) Previous Amount $ Increase 0% .................... ..__...... _ Current Percent of Change: Decrease .._...................... (0%) New Amount $ ...........�.........- ......................._................... ........... ........_ ...... Increase _. 0% Total Percent of Change: Decrease 00/0 Time Extension Amount: 0 New Comaletion Date: .................... 12/21 /2019 .............................._ .............