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Home My WebLink AboutPCA - East Bank Trail Leeper Ave. Bridge Repairs Proj No. 121-075 - 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 February 28, 2023 Mr. Dustin Hilary Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 akrueger(kmilestonelp. com RE: Project Completion Affidavit — East Bank Trail Over Leeper Ave. Bridge Repairs Project No. 121-075 Dear Mr. Hilary: At its February 28, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $185,584. 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 e BOARD OF PUBLIC WORKS r PROJECT COMPLETION AFFIDAVIT - PROJECT NAME East Bank Trail Over Leeper Ave. Bridge Repairs PROJECT NO 121-075 FINAL COST $185,584.00 CONTRACT SIGNED 8/23/2012 MADITENANCE AGREEMENT ENDS PROJECT DESCRIPTION Structural repairs on the East Bank Trail bridge over Leeper Ave. 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. ec s 10th da November ,202 2 Milestone Contractors North, Inc. Company Name i ture 24358 State Road 23 Company Address Printed Name South Bend IN City, State, zip °R'v"A John onway o`P 'Ge Notary Public, State of Indiana WITNESSESS: =_'i° LaPorte County Bef re me, a ersigned Notary Public in and for said country and state, personally a _*; Commission Number NP0682e84 41-- l____��i/ nd acknowledged his/her signature to the above Project Corn t '-a eKif on My Commission res 10th Janua 20, 2023 the . _ day of . N ove r 2022 otarySignature My Commission Expires January 20, 2__023_ John Conway _ Printed Name County of Residence LaPorte If the Contractor is a co ration, the following certificate will be executed. 1,.Sj�.certify that I am Secretary of the Corporation executing this release; that 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 corporation by Authority of ' governing body, and is within the scope of corporate powers: ( Secretary's Signature Corporate Seal 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 ordained so. je L4�,& Date: 02/17/2023 Construc ' n Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President •_ i 12161 Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member �4 Attest: Theresa M. Heffner, Clerk Date: February 28, 2023 Final Waiver of Lien Slate ofludiana,Cow* of St. Joseph SSr �i el L RX being duly aworn that he/she is the (20 emej Sean (Name of Officer) (Title) Of , le5boea "sNse has meted With City of South Bend (Contractor) -- (Owner) to banish certain,naterlats aftr labw as foil m: Bridge Repairs {Deacrlptloarj _� for a project known as East Bank Trail Over Leeper Ave. Bridge Repairs (Names ofPrgeot) Iocabodat E. NORTH SHORE DR &.LEEPER_AVE . . and owned by _ _ Cif of South Bend _. (Owner) - - - and does hereby l' u*cr state on the behalf of the aforemmntioned subcontractor/supplier. (PARTIAL WAIMI) that thero is due from the Coruractor the sum of - Dollars ❑ recolpt of which is hereby eok wwl u%A or ❑ the payment ofwhich bas been promised as the sole consideration for this Affidavit and Frost Waiver ofLk which is given solely with raspeot to acid amount, and which weiver shall be effective only upon receipt of payme nt thereof by the undersigned; 00 (FINAL WAIM) that the final balance due from the contractor Is the man of One Hundred Ei ht - Five Thousand five hundred an:-i eighty four --... -. -- ❑ taceipt of which is hmeby acknowledged; or ® thopayment of which has been promised w the sole consideration fbr thls Afdevit and Final Waiver of Lien which shall became effective only uponraeeipt of such pit. TEMMORB, the undersigned waives and releases unto the Owner efseid premises, any and all lions or claims whatsoever on the above -described property and improveraenta theaeou an account of labor or material or botb, famished b the undersigned thereto, subject to limitations or canditiona exptrsstd herein, if any; and fluther certtlW that no other patsy has any claim or right to a Lien on eoeowd of any wo* performed or material fiunished to the undersigned for said project; and within the scope of ibis Affidavit and Waiver of Lien Milestone Contractors North, Inc. By Mim} (Authorized entative) STATE OF INDiANA ) SS: ST.IOSEPHCOUNTY ) Before me, the undersigned, a Notary Public, In and for said County and State, penonaliy. appeared Danielle L Payne and arlmowledged the execution ofthe foregoing Affidavit and Waiver of Lion. 10th IN WITNESS WMMEOF, shave hereunto subscribed my name andaffixed my offleiaf seal on the day of November zoz 2 Public Signature My CommMon Expum; January 20, 2023 Raddingin LaPorte county, Indiana John Conway Notary Public Nerne ;=o`.,PBni John anway Notary Public, State of Indiana __ SEAL LaPorte County Commission Number NP0882W :HoinNP, My Commission Tres Janus 20 �0 3 MAINTENANCE BOND Bond No. MNT30169810 KNOW ALL PERSONS BY THESE PRESENTS, That we Milestone Contractors North. Inc. of 24358 State Road 23 South Bend, IN 46614 , 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 Eiahteen Thousand Five Hundred Fifty Eight Dollars and 40/100 Dollars ($ 18,558.40 ), 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 City of South Bend dated August 23 2022 , for Pro'ect No. 121-075� East Bank Trail Over Leeper Avenue Bridge Repairs 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 year(s) from and after then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 11th day of November 2022 ®1v0 `ortr a c to Milestone Contractors rth `ipal)/BV o,: �pRP 0 RgTF tin P. Wilary, Director of Estitin'g�Y.ti��e``` Continental Casualty Com By Angela I"iley , Arey-ln�Eact � 9 Form F4591 • "� POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Lnsurance 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 Attorneys) -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 - SuretyBond No.: MNT30169810 Principal: Milestone Contractors North, Inc. oblisee: 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 corporate seals to be hereto affixed on this 16th day ofJunc, 2021. 0su,tiT , e< Continental Casualty Company � �National Fire Insurance Company of Hartford rr 1Ncearoai),*NNN American C lty Company of Re ing, Pennsylvania o � lutr ti � SEAL � ds • � ts� - Paul T. Bruflat ce President State of South Dakota, County of Minnehaha, ss: On this 16th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, 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 ; YOarH pAKOU 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 I have hereunto subscribed my name and affixed the seal of the said insurance companies this 11th day of November, 2022, 04Stl44 ,Anr oe c�°°Atrt ��ttarGWtf lUIs 11, oV ti' y 19t2 EA teal 4 ►+alrtrr • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ' . D. Johnson Assistant Secretary Form 176853-4/2011- " Go to www.cnai ur� ety.com-$-Dwner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 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 of the 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 he provided in writing by the Senior or Group Vice President to the Secretary of the 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 Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251" day of April, 2012: "Whereas, the bylaws of the 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 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 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey 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 of the 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 attomeys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25" day of April, 2012: "Whereas, the bylaws of the 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 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 he provided in writing by the Senior or Group Vice President to the Secretary of the 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 of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25" day of April, 2012: "Whereas, the bylaws of the 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 of the Authorized Officers, in addition to being provided in original, hard copy fornat, 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. " 10401 N. Meridian Street, Suite #300 AASSUredpartnerS Carmel. IN 46290 Phone: (317) 844-7759 Fax: 317-844-9910 November 11, 2022 Ms. Alisha Krueger Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 Re: Type of Bond: Maintenance Bond Bond Number: MNT30169810 Obligee: City of South Bend Description: Project No. 121-075; East Bank Trail Over Leeper Avenue Bridge Repairs Bond Amount: $18,558.40 Premium Due: $100.00 Dear Alisha, We are pleased to enclose the bond you requested. The bond issued was based upon the information you provided. We suggest you check all the documents enclosed, including the Power of Attorney, signatures, dates, amounts, description, and any other attachments. Please verify that the bond form attached is the form required and be sure to execute the bond with the proper signature and seal. Thank you and please call me should you have any questions. Sincerely, AssuredPartners VI Angela N . Riley Enclosures BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/17/2023 Name Toy Villa Department Public Works BPW Date 02/28/2023 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 — Required. for 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 Information Company or Vendor Name Milestone Contractors North ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ® No MB❑ MBE/WBE Contractor ❑ E Completed E-Verify Form Attached ❑ Neos Project Name East Bank Trail over Leeper Avenue Bridge Repairs Project Number 121-075 Funding Source Insurance Claim Account No. PO-0018559 Amount $185,584.00 Terms of Contract Purpose/Description Project Closeout For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($) Previous Amount $ Increase % Current Percent of Change: Decrease (%) New Amount $ Increase % Total Percent of Change: Decrease (%) Time Extension Amount: 0 days New Completion Date: 6/1/2023