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Home My WebLink AboutPCA - Randolph Park Area Improvements Proj No. 120-049 - Milestone Contractors North, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 10, 2023 Mr. Dustin Hilary Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 akrueger(kmilestonelp. com RE: Project Completion Affidavit — Randolph Park Area Improvements — Project No. 120- 049 Dear Mr. Hilary: At its January 10, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $139,465. A copy of the Project Completion Affidavit is enclosed for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECTNAME RandolphPark Ares Improvements PROJECT NO 120-049 FINAL COST $139 465.00 CONTRACT SIGNED 4/12/2022 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Road vacation and drains a im rovements at Randolph Park. WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and th"e contractor performed the work within the scope of the Specifications and Standards of the City of South Bend which y cre ay, . of the above Contract. Executed this 23rd Pof tember 2022 Milestone Contractors North Inc. Company Name Signatupv 24358 State Road 23 Dustin P. Hilary, Director of Estimatin Printed Name Company Address South Bend. IN 46614 City, State, zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin P Hilaly and acknowledged his/her signature to the above Project Completion Affidavit on the 3 ypf SeMber 2022 Au$MKRUEGER ROM ion er Notary , gnature My Commission Expires 3 *r ••L Z.*"i June WAW M Alisha Krueger LaPorleCount/ Printed Name County of Residence LaPorte If the Contractor is a corporation, the following certificate will be executed. I,- Danielle Pa ne certify that I am Secretary of the Corporation executing this release; that Dustin P. Hilary _ who signed this release on behalf of the contractor was then Director of Estimatin of said Corporation; that said release was duly signed for and ogA�btyl� arporation b uth of its governing body, and is within the scope of corporate powers: ��o�t� a c tors fi{ �pORATr . . e Secretary's Signature �CpQ39rate Sp = Danielle Pame Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works that it be croft t t ttt** j 1 Date: 01 /03/2023 Constructi Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: January 10, 2023 P,iMilestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) ) SS: COUNTY OF SAINTJOSEPH ) FINAL Payment to Follow Jen . Timmons being duly sworn states that he is the Project Accountant of Milestone Contractors North, Inc. having contracted with CITY OF SOUTH BEND, INDIANA to furnish certain materials and/or labor as follows: ASH PALT/CONCRETE/ PIPE for a project known as RANDOLPH STREET PARK AREA IMP (MCLP Job# 229710) located at SOUTH BEND, IN and owned by MILESTONE CONTRACTORS and does further state: FINAL WAIVER: that the final balance due from the owner is the sum of six thousand nine hundred serenti•-three and 261100 Dollars the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises any and all lien or claim whatsoever on the above -described property and improvements thereon on account of labor or material or both, furnished by the undersigned thereto, and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Milestone Contractors North, Inc. Jen . Timmons Project Accountant Subscribed and sworn to before me this: X th daY of September. 2022 Notary Public: kJi___L4 I Alisha Krug r My Commission Expires: June 5, 2030 Y P �1� • h ALISHA KRUEC,ER '?�'• C+S My Cvtttrlllssion Ex0res County of Residence: La Porte j*: SEAL 1*1 Juree5,2030 C md8ft 1P0853544 dab P,i,l Milestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA SS: COUNTY OF MARION PARTIAL Payment to Follow Jen . Timmons being duly sworn states that he is the Project Accountant of Milestone Contractors North, Inc. having contracted with CITY OF SOUTH BEND, INDIANA to furnish certain materials and/or labor as follows: ASPHALTJCONCRETE/ PIPE for a project known as RANDOLPH STREET PARK AREA IMP (MCLP Job# 229710) located at SOUTH BEND, IN and owned by SAINT JOSEPH and does further state: PARTIAL WAIVER: that the balance due from the owner is the sum of one hundred thi .-two thousand four hundred nine '-one and 74/100 Dollars the payment of which has been promised as the sole consideration for this Affidavit and Partial Waiver of Lien which is given to and for said amount, effective upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises any and all lien or claim whatsoever on the above -described property and improvements thereon on account of labor or material or both, furnished by the undersigned thereto, -and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Milestone Contractors North, Inc. M Jen . Timmons Project Accountant Subscribed and sworn to before me this: X th day of September. 2022 Notary Public: Alisha Krueg My Commission Expires: June 5.2030 ppY P�j�4•• ALISHA KRUEGER . O S? ' ,d• NlY C�ommis810D Expires County of Residence: La Porte ,:SEAL Q1 .+ .. o:F.• June5, 2030 C.onu bft Number NPM63544 o€ ,,• La Ports Count' MAINTENANCE BOND Bond No. MNT30154511 KNOW ALL PERSONS BY THESE PRESENTS, That we Milestone Contractors North, Inc. 24358 State Road 23 South Bend IN 46614 Of , hereinafter referred to as the Principal, and Continental Casualty Company as Surety, are held and firmly bound unto City of South Bend of 227 West Jefferson Blvd, South Bend IN 46601 , hereinafter referred to as the Obligee, in the sum of Thirteen Thousand Nine Hundred Forty Six Dollars and 50/100 Dollars ($ 13,946.50 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the Cite of South Bend dated April 12 2022 , for Randolph Park Area Improvements: Project No. 120-049 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Three ( 3 ) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of Three (--.L—) year(s) from and after then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Fo m F4591 22nd day of September 2022 �llIrrrll� I��,�ctors N �� ,�� opt.•,........,, o,�� i �+ Milestone Contractors North, Inc. �tA7E C (Principal) By Dustin P. Hilary, Director of Estima°t%1grrFrrl1tt��` v Continental Ca Angela M.Riley 0 i w ° � a POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Angela M. Riley, Individually of ,Indianapolis, IN , their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyllondNo.: MNT30154511 Principal: Milestone Contractors North, Inc. Obligee: City of South Bend and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their coroorate seals to be hereto affixed on this 16th day of June, 2021. WonAT& ` OproyTf a PU SEAL C lUIY�lI, , 1097 � MAI[�'r • Continental Casualty Company National Fire Insurance Company of Hartford American C, slty Company of Re- ting, Pennsylvania Paul T. Bruflat N4fee President State of South Dakota, County of Minnehaha, ss: On this 16th day of June, 2021, before me personally came Paul T. Bmflat to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. f M. BENT -_ 0AWMVTWj M_ — My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE 1, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said insurance companies this 22nd day of September, 2022. ov Continental Casualty Company ,� National Fire Insurance Company of Hartford .ec�►awrfe a American Casualty Company of Reading, Pennsylvania DULY !1. y MZ • D. Johnson Assistant Secretary Go to :cti suretv:corrt>41 dieter /Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. e.1 1 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe Company at a meeting held on May 12. 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary ofthe Company prior to such execution becoming effective." This Power of Attomey is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attomey is signed and scaled by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors ofthe Company by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws ofthe Company or specific resolution ofthe Board of Directors has authorized various officers (the "Authorized Officers" )to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature ofthe Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature ofany Authorized Officer shall be valid and binding on the Company. " ADOPTED BY TIIE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority ofthe following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary ofthe Company prior to such execution becoming effective." This Power of Attorney is signed by Paul 1'. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power ofAttorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors ofthe Company by unanimous written consent dated the 25`" day of April, 2012: "Whereas, the bylaws ofthe Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature ofthe Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary ofthe Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania, This Power of Attorney is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors ofthe Company by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws ofthe Company or specific resolution ofthe Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original. hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore he it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/03/2023 Name Tov Villa Department Public Works BPW Date 01/10/2023 Phone Extension 5920 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ® PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease. /Encroach Required Information Company or Vendor Name Milestone Contractors North, Inc. New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ® No MBE/WBE Contractor MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Project Name Randolph Park Improvements Project Number 120-049 Funding Source 2017 Parks Bond Capital Account No.(471-11-206-288-444000--PROJ00000237) Amount $139,465.00 Terms of Contract Purpose/Description Project Closeout For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase % Decrease ( %) Increase Decrease ( %1