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Home My WebLink AboutPCA - South Well Field Backwash Line Relocation Proj No. 117-059C - HRP Construction 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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 28, 2023 Mr. Matthew D. Cain HRP Construction Inc. 5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266 j ohnk(khrpconstruction.com RE: Project Completion Affidavit — South Well Field Backwash Line Relocation Project No. 117-059C Dear Mr. Cain: At its March 28, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $233,590. 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 PROJI"CTNAME South Well Field Backwash Line Relocation I I 7-059C FINAL COST $233.590.00 CONTRACT SIGNED 9/13/2022 MAIN'I'ENANCI�'-'AGREI--,M]-"N,r ENDS PROJECT DESCRIPTION Relocation of the backwash line at the South Well Field Treatment Plant. WITNESSETI 1: 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 pert-onned the work within the scope of Specifications and Standards of the City of'South Bend which were a part of the above Contract. Executed this 9TH Signatur'c Nancy Knapik day nI- December 2022 FIRP Construction Inc. Company Name P.O. Box 266 Company Address Printed Name South Bend, IN 46624-0266 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Nancy Knapik and acknowledged his/her signature to the above Project Completion Affidavit on the 9th day of December 2022 Naary Signature My Commission Expires Cynthia L. Vanheste Printed Name County of'Residence CYNTHIA L. VANHESTE 04 X Notary Public, state of Indiana 0 St. Joseph County "24nmission Number 681273 5 !on Expimes E-,, 4, 06, 2024 March T. Josepin If the Contractor is a corporation, the following certificate will be executed. 1, Nancy Knapik certify that I am Secretary of the Corporation executing this release; that Nancy Knapik who signed this release on behalf of'the contractor was then Secretary_ of said Corporation; that said release was duly signed for and on behalf ol'said Corporation by Authority o4'its governing body, and is within the scope of corporate powers: Secretary's -.'ignature Corporate Seal Nancy Knapik Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL ]'his project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. A� A Date: 3/15/2023 Constiiori Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS IS 1=1 Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: March 28, 2023 Bond No. MNT9412023 KNOW ALL MEN BY THESE PRESENTS: That HRP Construction Inc. PO Box 266 5777 Cleveland Rd South Bend, IN 46624-0266 as Principal, hereinafter call Contractor, and Fidelity and Deposit Company of Maryland Chicago, IL 60606 , as Surety, hereinafter call Surety, are held and firmly bound unto City of South Bend Board of Public Works_, as Obligee, hereinafter called Owner, in the penal sum of $ $23,359.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated September 13, 2022 1 entered into a contract with Owner forfl;ntith Well RPM R:;nkw;;qh I 4np Rpinnafinn, Pwig-rt Un 117-n-5qC I in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of three (3) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. Bond shall be effective from December 14, 2022 to December 14, 2025. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 12th day of December .2022 HRP Construction Inc. Principal By L (Seal) Matthew D. Cain,- P-r- ident Fidelity and Deposit Company of Maryland wcom SEAL i fi ifer L K/asznia,Attorney-in-Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the 'ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William J. CERNEY, III, Nicole L. BICKNELL, Jennifer L. KASZNIA, Pamela S. HIGGINBOTHAM, Megan E. RIESENBERG, Faith D. HUNT, Mark E. WOBBE, Barbara E. PEARSON, and Theresa M. BURNS, of South Bend, Indiana, Sandra L. JUNK, and Jordan M. SCHEIBER, of Fort Wayne, Indiana and Wesley L. MANTOOTH, and Lisa M. THOMAS, of Indianapolis, Indiana, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of September, A.D. 2021. 4tYlttd � t�t11141d 4Gof w� nin r ^K4ttS111[Ifl[r- Ua udlty t tr 94at Jta SEAL"SEAL I- +3.«� `.w^`rg� ' ,`"` 4,'•M :`fan✓` `' �<`�,` rvy�r�tl9iilh6441e N�o r�,rr�[/tia1�1�65�1�4`^v� „.fQ,"l�""a .... f'VrifNid iEl i�f44�a By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 17th day of September, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURIC1 f AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature o'f a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of December 2022 �p OEIag�,, rr► UAL 1M wr Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfelai ms(4i)zurichna.cotit 800-626-4577 State of Indiana, County of Nancy Knapik (Name of Officer) of HRP Construction Inc. (Contractor) Final Waiver of Lien St. Joseph being duly sworn that he/she is the SS: Vice President (Title) having contracted with City of South Bend (Owner) to furnish certain materials andlor labor as follows: _ (Description) for a project known as South Well Field Backwash Line Relocation, Project No. 117-059C w (Name of Project) located at Chippewa Avenue and owned by City 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 acknowledged; or ❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lienwhich is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; (FINAL. WAIVER) that the final balance due from the contractor iss of Eleven Thousand Six Hundred Seventy Nine Dollars and MyUents ($11,679.50) ❑ receipt of which is hereby acknowledged; or ® the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shalt become effective only upon reccipt 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, furnished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certified 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 of Lien. HRP Construction Inc. By urn �� (Atathorized Representative) STATE OF INDIANA ) ) Nancy Knapik, Vice President SS: ST. JOSEPH COUNTY } Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Nancy Knapik and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 9th day of December 2022 Ala No bllc Signature My Commission Expires: Residing in St. Joseph March 6, 2024 County, Indiana NTHIA L. Vi .`qP�;•• P�/B 4� Notary Public, Stat 1r++ ft O= St. Joseph C Pu EA4*ifommission Number 68 213 My March Commission 202pires Vanheste Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/15/2022 Name Kvle Ludlow Department Public Works BPW Date 03/28/2023 Phone Extension 9157 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 Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information HRP Construction Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos South Well Field Backwash Line Relocation 117-059C PR-00017366 SSDA TIF 43 0-10-102-121-444000 $233 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