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Home My WebLink AboutPCA - Beck’s Lake – LaSalle Park NPL Site Proj No. 120-053 - 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 JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS June 13, 2023 Mr. Matthew D. Cain HRP Construction, Inc. 5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266 j eredb&hrpconstruction. com RE: Project Completion Affidavit — Beck's Lake — LaSalle Park NPL Site Project No. 120-053 Dear Mr. Cain: At its June 13, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $1,832,216.65. 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 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Michael Schmidt, Assistant City Attorney Public Works Theresa Heffner, Clerk of Board of Public Works FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: 120-053 Beck's Lake / LaSalle Park NPL Site Project Completion Affidavit (PROJ00000226; PO-0017158) DATE: May 30, 2023 The Division of Engineering recommends the Board of Public Works approval of the Project Completion Affidavit for Project No. 120-053 Beck's Lake / LaSalle Park NPL Site. HRP Construction, Inc. (V-00000775) has completed all contractual obligations. Project Summary: Original Bid Price: $2,198,945.00 Change Order No. 1 (decrease): — $ 477,961.05 Change Order No. 2 (increase): $ 111,232.70 Percent Increase by authorized Change Orders:—16.68% Final Cost: $1,832,216.65 Adjustment of cut/fill quantities and adjustments to final quantities resulted in the reduction of the final price of the contract. All change orders were previously approved by the Board of Public Works. Minority and Women Owned Business Enterprise participation summary: MBE Project Goal was 1.0%. Utilization Plan: 3.18%. Project Goal Met or Exceeded. WBE Project Goal was 3.5%. Utilization Plan: 8.70%. Project Goal Met, note Utilization Plan Change approved Upon approval of the closeout documents, The Division of Engineering shall process final payments for this project with Administration and Finance from Liability Insurance Fund Account 226-04-405-412-436000. For questions regarding the subject agenda request and recommendations, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME PROJECT NO. CONTRACT SIGNED PROJECT DESCRIPTION Beck's Lake / LaSalle Park NPL Site raxc� a Ja6.5 sy;'' 120-053 FINALCOST 1,832,216.65 06 / 14 / 2022 MAINTENANCE AGREEMENT ENDS 12 / 23 / 2025 Removal of existing turf, grass, soils. Capping designated areas with soil, grading, adjust irrigation heads, grade baseball field, new turf, seed and sod 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 26th day of May 20 23 HRP Construction, Inc. Signature Company Name Nancy Knapik, Vice President 5777 Cleveland Road Printed Name Company Address South Bend, IN 46628 City/State/Zip WITNESSES Before me, the undersigned Notary Public in and for said country and state, personally appeared Nancy Knapik , and acknowledged his/her signature to t d°rd" „ J e Affidavit on the 26th day of May 20 ,.`` RY PU �� RlP S I�IHESTE 23 , .,P.•••.,6��Notary Public, State of fndiana SEAL" = St. Joseph County Commission Number 681273 t$p24 My Commission Expires N arySignature My Commission Expires „� March O6, 2024 Cynthia L. Vanheste Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. I 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 Vice President of said Corporation; that said release was duly signed for and on behalf of said Corporation by Authority of its governing body, and is within the scope of corporate powers: Secretary's Signature Nancy Knapik, Secretary Printed Name Corporate Seal 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. Date: 05-30-2023 Construction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Josepphr�R. Molnar, Vice President Jordan///V. Gathers, Member �,V- Attest: Theresa M. Heffner, Clerk Date: June 13, 2023 FINAL WAIVER OF LIEN Nancy Knapik being duly sworn that he/she is the Vice President (Name of Officer) (Title) of HRP Construction Inc. having contracted with City of South Bend (Subcontractor/Supplier) (Contractor) to furnish certain materials and/or labor as follows: Improvements as described in the Plans and Specifications (Description) for a project known as 120-053 Beck's Lake / LaSalle Park NPL Site (Name of Project) located at Park bordered by Linden Avenue, Falcon Street, Washington Street, N. Kaley Street and owned by City of South Bend, Indiana (Owner) and does hereby further state on the behalf of the aforementioned subcontractor/supplier: FINAL WAIVER that the final balance due from the contractor is the sum of Ninety One Thousand Six Hundred Ten Dollars and Eighty Three Cents ($ 91,610.83) (Amount Written Out) ❑ 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 shall become effective only upon receipt 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. (Firm) STATE OF Indiana Date May 26, 2023 By '(Author_iz_e_d Representative) 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 Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 26th day of May 20 23. My Commission Expires: 03/06/2024 N ary Public Signature Residing in St. Joseph County I "'''Y ;."// CYNTHIA L. VANHECIP1 �P.... Ue Notary Public, St d St. Joseph Cbun�t-y�� SEAL: *:, * ' Commission Number 681273 \7," March ch 06, 2024Commission ires L. Vanheste Name MAINTENANCE BOND Bond No, MNT9397930 KNOWALL 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 $ $183,221.67 , 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 June 14, 2022 entered into a contract wit Owner for Rerk's I akp I I aSalla Park NPt SLe; Project No 1 9US3 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 shag appear within a period of three 3 ear(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 23, 2022 to December 23, 2025. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and seated this 23rd day of January 12023 HRP Construction Inc. Principal By t h\ (Seal) 3T� Nancy Knapi , ice President Fidelity and Deposit Company of Maryland , II pSEAL 19' By e? c r. Je fer L. Kasmia, Attorney -in -Fact '//1/11 j1111II IIIIIj1�```` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs•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 attomeys•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 attomeym•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 ZURICH AMERICAN INSURANCE COMPANY at ameeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or aVice President and the attesting signature of 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." Is 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 dth 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 loth 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 2k day of Janwq 1 2023 map OW, its . Brian M. Hodges, Vice President TO REPORT ACLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ACOMPLETE 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,re inklaimsLazurichna.com 800.626.4511 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 05-30-2023 Name: Jacob M. Klosinski Department of Public Works — Engineering Division BPW Date: 06-13-2023 Phone Extension: 9496 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ® Attorney Name Purchasing ® Mickey Low Michael Schmidt 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 Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Amount of ❑ El Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Information HRP Construction, Inc. (V-00000775 ❑ Yes❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes ❑ WBE ❑ No Beck's Lake / LaSalle Park NPL Site 120-053 (PROJ00000226; PO-0017158) Liability Insurance Fund 226-04-405-412-436000 The Division of Engineering requests the Board of Public Works approval of the Project Completion Affidavit for the subject project. Attached are Final Waiver of Lien, Maintenance Bond and Project Completion Affidavit. All contractual obligations have been met. Final Cost: $1,832,216.65 For Change Orders Only Increase $ Decrease ($ ) Increase % Decrease ( %) Increase % Decrease ( %)