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Home My WebLink AboutPCA - 315 & 319 W. Jefferson Exterior Renovations (Division B) – Proj No. 119-064 - Ziolkowski Construction, Inc.IT11 i 1316 COUNTY -CITY BUILDING PHONE 574/ 235-925I 227 W. JEFFERSON BOULEVARD 1 MACE FAX 574/ 235-9I7I � ! SOI ITH BEND. INDIANA 46601-1 830 x _ m CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 11, 2020 Mr. Bill Favors Ziolkowski Construction, Inc. 4050 Ralph Jones Dr. South Bend, IN 46628 RE: Project Completion Affidavit — 315 & 319 W. Jefferson Exterior Renovations (Division B) — Project No. 119-064 Dear Mr. Favors: The Board of Public Works, at its meeting held on February 11, 2020, approved the Project Completion Affidavit for this project in the amount of $64,372. 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 t �.t BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME 315 & 319 W. Jefferson Exterior Renovations Divi'slon B PROJECT NO 119-064 FINAL COST $64.372.00 CONTRACT SIGNED 8/2712019 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Mason repairs at the 315/319 Jefferson Building, 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 14th day of larluar r, 2020 2aix Ziolkowski Construction, Inc. �"" w �`.��-•� Company Name Signature 4050 Ralph Jones Drive Bill Eam Company Address Printed Name South Bend, IN, 46628 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Bill Fain rs , and acknowledged his/her signature to the above Project Completion Affidavit on the_ 14th day of lanuar , C� 20 . g� =-StatL w � Notaryubllc Sign My Commission Expires �� P me ianad Name County of Residence Elkhart, 2025 If the Contractor is a corporation, the following certificate will be executed. I, certify that I am Secretary of the Corporation executing this release,, that Bil1.Faxnrs g n who signed this release on behalf of the contractor,' the csirlca �_, of said Corporation; that said release was duly signed for arrd'on behalf of said C rlo fir by u�t r+rut of It o r¢7ingi body, and is within the scope of corporate powers. 1, 1 r- Secretary's Signature) r i Robgrt& Bash Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL �* This project is acceptable for final approval Construction dib ger and we recommend to the Board of Public Works that it be ordaikolks Date: 1. 3 . 2�0 ems. MAINTENANCE BOND Bond No.., 285061140-M KNOWN ALL BY THESE PRESENTS: That we Ziolkowski Construction, Inc. as Principal, and Liberty Mutual Insurance C91mp2ny a corporationI organized and existing under the Laws of the State of Massachusetts as Surety, are held and firmly bound unto. City of South Bend Board of Public Works —, as Obligee, in the total sum of Sfx Thousand Four Hundred Thirty-seven & 00/100 U.S. Dollars $6,43T00 ) 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 8/27/2019 for 315 & 319 W. Jefferson Exterior Renovations; Division B: Exterior Masonry Repair and Coating ("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 year(s) commencing on January 7, 2020 - (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 7th day of January - 2020 Ziolkowski Construction, Inc, (Principal) Liberty Mutual Insurance Company 7 By: Adrienne C. Stevenson Attorney -in -Fact State of Geor is County of Fulton ss: On January 7, 2020 _ , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Adrienne C. Stevenson known to me to be Attorney -in -Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires August 23, 2021 "-�' 6" Maria Concepcion Notary Public I This Power of Attorney limits the acts of those named herein, and they have no authority to Libty bind the Company except in the manner and to the extent herein stated. mutuit Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company Certificate No: 8201331 Y , West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adrienne C Stevenson ................_ all of the city of Atlanta , state of Georgia each individually if there be more than one named, its true and lawful attorney -in -fact with full power and authority hereby conferred to sign, execute and acknowledge the above -referenced surety bond. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of May, 2019. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company 4NS4p IN$& � %NSWest American Insurance Company � otnvc a of pore yr R o9a014,14 f .. 1912 1919 1991,. �csaua�'° sva �s*� baar�*r �'✓? t� David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA ss vi COUNTY OF MONTGOMERY CID On this 30th day of May, 2019, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secrets of Liberty Mutual Insurance Company, The � Y am— P Y PP Y 9 Secretary Y cca Ohio Casualty Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained ca by signing on behalf of the corporations by himself as a duly authorized officer. a> (D IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 0 I ,t �3 t � ; �COMMONWEALTH OF PENNSYLVANIA — Notarial Seal N w Teresa Paslella Notary Public O Upper Meri Twp Montgomery County By c 'Cl) + , d'� y My Commission Expires March 28, 2021 'a . - Teresa Pastella, Notary Public O Member, Pennsylvania Association or Notaries ,, 4 N o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual p 0 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: c CU L ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the o ` President may prescribe, shall appoint such attorneys-in-fact,,as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge.and deliver as surety V any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, O shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such ai instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the o 2 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. = 0 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. >(DC: ci Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, o " shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Z bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys- infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this nth day of January 2020 %NSU4 01 INS& \NSLr,�� ASc'LPn0,1r�crmar�"�o gar .' d S tamo. ." pia til"u 1912 0 � 1919 Q 1991 0 By pupa ach a d v�v �Scadrs Renee C. Llewellyn, Assistant Secretary > W d) co Q O ,C) Ca of ao rn o o' om v_ at W.0 >o t N Y 00 E 64 CV) c CO Oo F r Marsh MSurety POA LMIC OCIC WAIC Multi Co_042019 Final Waiver of Lien State of Indiana, County of 1St jrvsQih -- SS: Bill Favors being duly sworn that he/she is the i.rit,g►� (Name of Offlcer) (Title) of , I 7,iolkow.ski �"r t strq� , �c �nc.. having contracted with City of South Bend (Contractor) _ , {Owner) to famish certaln materials and/or labor as follows; Masonry repairs at the 315/319 Jefferson Buildii (Description) for aproject known as S �a t at to;_ ®C1 �t� va C' ro (Division (Name of Projeot) located at 315 & 319 West Jefferson and owned by Cit of South Bend (Owner) �_.. and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars ($ ) ❑ receipt of which is hereby acln►owledged; or ❑ Il'to payment• of which has boon promised as tite sore ronskloratiou: for this Affida+vlt and Final Waiver o Lion which is given solely with respect to said atnount, and which, waiver shall be efiective only upon receipt of payment thercofby the undersigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of a t a,tl. i Screntv Six a nd 7' 1 t �� .�.. ) 'sb,776 70 ❑ receipt of which is hereby acknowledged; or ® the payment of which has been promised as the sole consideration for this Affidavit andFinal Waiver of Lien which shall become si%ctive 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-deserrlbedproperty out] improvements thereon an account oflabor ormaterial or both, furnished b the undersigned thereto, striaAect to limitations or Conditions expressed herein„ if aay mud further certlftad thatno other patty has any claim or right to a lies► on account of any work per unod or material Amilshod to the undersigned for said project, and within the scope of this Affidavit aid Waiver of'Llen. l 00 7.iolko3M ' C n`triicti „ Irlc EY ' A dTt cn five) STATE OF INDIA14A ) Bill 'Favors S"I'. IOSi1t'II COUNTY } S8.* President. & 0- Before arse, tire imdcrslgeted, a Notary public, hr and for sold County And State, Personally appeared .•... B.i1i Fa�oxs and acknowledged the e;recullon of the foregoing Affidavit and Waiver of Lion. IN WrrNFSS WHEREOF, i have heretrnto subscribed nay natne and affixed nay official seat on fire l dth day of Jan uary,._2020 �OOc w..•. Notary I►arbl o S My commission Expires: 6tb day of March, 2025 Residing in Elkhart CountY, ._ In Notary public Name LYNN DVINING Seal Notary Pubitc - S'tate of IndlIMI t'tkhat't'Coullty My Come missiOn Exgatres Mar 620 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1/22/2020 Department Name Toy Villa _ En ineerin BPW Date 2/11/2020 Phone Extension 5920 .. _.......W__W Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer BPW AttorneyOfficer Name _......._� .. ..... ..............�� _�M .... ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Atmron iate Item Twe — Reati Professional Services Agreement F] Contract Open Market Contract Amendment/Addendum Bid Opening Bid Award Quote Opening El Quote Award Proposal Opening ❑ C/O & PCA Nol Chg. Order, No. Traffic Control El 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 All Submissions (� Proposal Special Purchase, QPA ❑ Req. to Advertise ❑], Reject Bids/Quotes ® PCA ❑ Resolution 0 Ease./Encroach Ziolkowski Construction, Inc. Yes If Yes, Approved by Purchasing ® No [� MBE Completed E-Verify Form Attached WBE 315 & 319 W. Jefferson Exterior Renovations — Division B 1..19-064,mmmDiv. B.... .......�................ ........ ......... _.....-._..........._.....................__. ....... RWDAwTIF...................................................................... .. 324-1050-460-42.02 ......................................................................._............._............................. $64,372.00 Project Closeout ❑ Title Sheet For Change Orders OnlyITmmmpp Amount of Increase $ ❑ Decrease $ Previous Amount $ Increase % .......... Current Percent of Change: Decrease New Amount $ _ _... _Increase ........................ _.__.......�.._.._....% .............................. Total Percent of Change: Decrease %° Time Extension Amount;. _..............._...��_._................��._._._.....��........_.....��...... NewCompletion Date: ❑ Yes ❑ No