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Home My WebLink AboutPCA - Morris Performing Arts Center - Main Level Slab Rpl. Proj No. 121-029A - Larson Danielson Const. Co., 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. Timothy F. Larson Larson Danielson Construction Co., Inc. 302 Tyler St. LaPorte, IN 46350 mcd(a,ldconstruction. com RE: Project Completion Affidavit — Morris Performing Arts Center - Main Level Slab Replacement — Project No. 121-029A Dear Mr. Larson: At its February 28, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $975,535.70. 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 - PROJECT NAME Morris Performing Arts Center - Main Level Slab Replacement PROJECT NO 121-029A FINAL COST $ 975 535.70 CONTRACT SIGNED 12/30/2021 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION -Replacement of floor slab and other improvements on the main level of the Morris 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 1st day of February , 2023 .�a•ti Signature Darin Meyer Printed Name WITNESSESS: Before me, the undersigned Notary Public in Darin Meyer , and acknowledged the 1 St _ day of February 2p 23 a. Ha ii�—Jt Not Solature J16ftnifer A Medley Printed Name Larson -Danielson Construction Co., Inc. Company Name 302 Tyler Street Company Address La Porte, IN 46350 City, State, Zip and for said country and state, personally appeared his/her signature to the above Project Completion Affidavit on My Commission Expires County of Residence JENNIFERAMEDLU My Commission Expires Au 8� 0 August 1, 2030 :yk '9 missxm NUMM NP06M434 .°F La Porle County La If the Contractor is a corporation, the following certificate will be executed. l Jeffrey R Jensen certify that I am Secretary of the Corporation executing this release; that Darin Meyer who signed this release on behalf of the contractor was then Sr, Project Manager/Concrete Manager of said Corporation; that said release was duly signed for and on behalf of said Crpo� . on by harity of its governing body, and is within the scope of corporate powers: 1 S 's Sign ure y Corporate Sea' Je rey R Jensen.,, LARSON DANIELSON Printed Name Ss^�/� CONSTRUCTION CO., INC. M,oi DEPARTMENT OF PUBLIC W This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date: 02/17/2023 Constructio Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 10�4 11�(-zrn Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member '/ Y Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: February 28, 2023 WAIVER OF LIEN Final X State of Indiana SS: Partial County of LaPorte SS: Payment to Follow X Whereas, the undersigned,LARSON-DANIELSON CONSTRUCTION CO., INC.,having been employed by SOUTH BEND, CITY OF to furnish certain Material and Labor, to wit: Morris Performing Arts Center - Main Level Slab Replacement Per Plans, Specs and Contract for the building owned by: SOUTH BEND, CITY OF and located at: 211 N MICHIGAN ST C/O LARSON-DANIELSON CONST SOUTH BEND, IN 46601 and does hereby further state on behalf of the aforementioned Contractor, PARTIAL WAIVER that there is due the sum of receipt of which is hereby acknowledged: or the payment of which has been promised as the sole consideration of this Partial Waiver of Lien which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of such payment. that the final balance due is the sum of FINAL WAIVER I forty-eight thousand seven hundred seventy-six and 78 / 100 receipt of which is hereby acknowledged: or 4g'776.7g the payment of which has been promised as the sole X consideration of this Final Waiver of Lien which shall become effective only upon the receipt of such payment. THEREFORE, the undersigned waives and releases existing liens, rights and claims to the extent of payment only for labor, material, equipment or any combination thereof, furnished to the OWNER of said premises for improvements thereon. Company: LARSON-DANIELSON CONST. CO. INC By: Patti L. O'Brien, C.F.O. WITNESS MY HAND AND NOTARIAL SEAL, THIS 24 DAY OF January 2023 My Commission Expires: 08/01/2030 Notary: Residing in: LaPorte County Printed Name: Jennifer A. Medley Notary No. NP0654434 Customer: CITYS1300 Job: 56-606 Invoice: 56606-00008 R Maintenance Bond Warranty Term in years Ohio Farmers Insurance Co. Westfield Group sM One Park Circle, P 0 Box 5001 Westfield Center, OH 44251-5001 Bond Number 167869P -n_1TI�li �:T ZEli �3.1.L KNOW ALL BY THESE PRESENTS, That we, Larson -Danielson Construction Co., Inc. 302 Tyler St. La Porte, IN 46350 as Principal, and OHIO FARMERS INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to do business in the State of, Indiana as Surety, are held and firmly bound unto City of South Bend — Board of Public Works, 1316 Couniy-City Building', 227 W. Jefferson Blvd. South Bend, IN 46601-1830 as Obligee, in the penal sum of Ninety Seven Thousand Five Hundred Fifty Three Dollars and Fifty Seven Cents _ ($ 97,553.57 ), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Obligee, dated the I Ith day of January 2022 " , a copy of which is hereto attached and made a part hereof, for Morris Performing Arts Center— Main Level Slab Replacement — Project No. 121-029A 211 N Michigan Street., South Bend, IN 46601 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of 3 year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 31st (Witness) a Ebert (Witness) day of January , 2023 LARSON DANIELSON PRINCIPAL CSC^�,� CONSTRUCTION IN Larson Danielson Construction Co In �h - CO,, t Seat Brian T. Larson, President OHIO FARMERS INSURANCE CoMPA�+1�'.•' BWxy Casandra Lemley et' in -Fact - h, BD5951 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 11110121. FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 1304762 17 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies; duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint RONALD L. ROSENBAUM, CATHERINE E. MYERS, BETHANI MORRIS, KATHY D. HENRICH, JENNIFER S. SALAT, CASANDRA LEMLEY, DEBORAH E. BELL, LISA EBERT, ASHLEY WILKERSON, LISA RADTKE, RICHARD CARLSON, JOINTLY OR SEVERALLY of LA PORTE and State of IN its true and lawful Attorney(s)4n-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE LOATtANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions; The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnify and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." rEach adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Sensor Executive and their corporate seals to be hereto affixed this 10th day of NOVEMBER A.D., 2021 . corporate ,."""'�•.,, WESTFIELD INSURANCE COMPANY Seal s*Y� P��" ') ��ip �~ WESTFIELD NATIONAL INSURANCE COMPANY ..G = Affixed .+e� e+ ,'o ;A = s OHIO FARMERS INSURANCE COMPANY 5:. SFAT...'z iIj�Tjt . m # State of Ohio BY'• County of Medina ss.: Gary W. tumper, Nations urety Leader and Senior Executive On this 10th day of NOVEMBER A.D., 2021 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal 1 A f_ Affixed ��l..... Z� State of Ohio o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: .tom My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) "ATE of °. I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. In Witness WhergQf� have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this3lSt day of January A.D., ... 40 O� tJ `f3Nf4. �/v 41 UL SEAL AN Secr+rtery •'•....••' + Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/17/2023 Name Tov 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 — 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 Information Company or Vendor Name Larson -Danielson Construction Co., Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract U Yes U If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Morris Performing Arts Center — Main Level Slab Replacement 121-029A Morris Capital PO-0014138 416.11.220.292.443001 $975,535.70 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