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Home My WebLink AboutPCA - Riverside Dr. Bank Stabilization Proj No. 118-005B - 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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 25, 2023 Mr. Dustin Hilary Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 akrueger&mile stonelp. com RE: Project Completion Affidavit — Riverside Dr. Bank Stabilization — Project No. 118-005B Dear Mr. Hilary: At its April 25, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $845,057.61. 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 Riverside Dr Bank Stabilization PROJECT NO 1184005B FINAL COST $845.067.61 CONTRACT SIGNED 1/11am MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION WITNESSETH: The work under the above contact between the City of South Bend and the undersigned contractor having been completed, the City, of 8e nd, its officials and agents are hereby released from all claims and demands whatsoever m arunder or by lew hq,,rand that the contractor performed the work within the scope of the Specifications and Standards of they which were a part of the above Contrect. Executed lists 1 cernber , 2oX_22- Milestone Contractors North, Ina Company Name Director of Estimating 24358 S.R. 23 CMFV"Addmss Name South Berm. IN 46614 City, State, ZIP -- IMTNESSESS. Before me, the undersigned Notary Public In and for said country and state, personally appeared tin P. Hilary , and acknowledged hislher signature to the above Project � fla91iA1Ml1EeE t the t5th December -, 2t}X 22 Aam �•� *00 2 ign's I t1mL ftWN=*lV0L]"4 �.� sP"ODO + Notary s My Commlsslon Expires SW03 Alisha Krueger Printed Name County of Residence LaPorte If the Contractor fs a corporation, the following certificate will be executed. I, _ Danielle Pay, no certify that I am Secretary of the Corporation executing this release; that Dustin P. Hilary who signed this release cn behalf of the contractor was then Director of Estimating of said Corporation; that sold release was duty signed for and 01NM"pf said qgwa ing body. and id within fhe scope of corporate powers: .,%. vactosiStgnatu Z .0 u p8 pRA% Danielle Payne d Printed Name - �i\.SEAL� r DEPARTMENT OF PUBLIC WORKS APPROVAL 117 This project is acceptable for final approval and we recommend to the Board of Public Works that It be Con"on .� J��i r�- Date: 4/12/2023 on Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS M 1 Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member M Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: April 25, 2023 MAINTENANCE BOND Bond No. M NT30147721 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 Eighty Four Thousand Five Hundred Five Dollars and 76/100 Dollars ($ 84,505.76 ), 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 January 11 2022 , for Pro'ect No. 118-00513: Riverside Drive Bank Stabilization WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Three (--I—) 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 ( 3 ) year(s) from and after then this obligation shall be void, otherwise to remain in full force and effect. oo",1rrrrJ.'l� SIGNED, SEALED AND DATED this Form F4591 3rd day of January Milestone Contztors,� By /s ' Hila , /ontfinental Casualty Ci 76@Z'J'k1k 1 �►1 Jul I .-.T 2023 �ntractors 14�" mob,, r ..............•�0 u w `ORFORgTF•��.s /n,. ncipal) •...... •� �. G14 e```,`�. .�,✓fps r,� rV (Seal) Director of Estimating 4 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 ,lndlanapolis, 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 - SuretyBondNo.: MNT30147721 Principal: Milestone Contractors North, Inc. Obliged: City of South Bend and to bind there 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 of June, 2021. 'yG�W(y t LNSUR�� tcnMVDr G�vO'TB� �NCC9roWTEG A (' A JULY $I, Qi SEAL i tsu � 1997 � liA11`r • Continental Casualty Company National Fire Insurance Company of Hartford American C Ity Company of Re ing, Pennsylvania Paul T. Bruflat Vice 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 swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is a Vice President ofContinental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company ofReading, 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. M, BENT 1�SOvuruc� SOUUTHT14 OAIWd 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 3rd day of January, 2023, a,cuu�T u+suR �,yp�11T � V 1 atTfJU19Y 31.1 7897 MAR • Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY T11E BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority ofthe 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 ofLcer to sign specific documents, agreements and instruments on behalf of the Company provided that (lie 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 ofContinenutl 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 ofthe Company by unanimous written consent dated the25' 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 if resolved: that the Electronic Signature ofany 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 ofthe following resolution duly adopted by the Board of Directors ofthe 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 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 of Ahomcy 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 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 Aulhorired Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise ir. an electronic formal (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 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 ofthe 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 Auomey 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, die 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, maybe provided via facsimile or otherwise in ao electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature ofany Authorized Officer shall be valid mid binding on the Company. " BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/12/2023 Name Kvle Ludlow Department Public Works BPW Date 04/25/2023 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 Required Information Company or Vendor Name Milestone Contractors North, 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 Riverside Dr. Bank Stabilization 118-005B Storm Sewer PO# 0014105-1 $845,057.61 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