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HomeMy WebLinkAboutPCA - Four Winds Field Player Facility Imprv. Proj No. 122-021 - Gibson-Lewis, LLC1316 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 August 22, 2023 Mr. Robert A. Lingenfelter Gibson -Lewis, LLC 1001 W. 111h St. Mishawaka, IN 46544 GHickskgl.nceusa. com RE: Project Completion Affidavit — Four Winds Field Player Facility Improvements Project No. 122-021 Dear Mr. Lingenfelter: At its August 22, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $1,411,868. 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 Hefner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER r CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Four Winds Ficld Pia er Facili Improvements PROJECT NO 122-021 FINAL, COST $1,411,868.00 CONTRACT SIGNED 10/11 /2022 MAINTENANCE, AGREEMENT ENDS PROJECT DESCRIPTION Visitor locker room cx ansion, female locker room addition, and several room update.. 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. Fxe • this h day of May 20Z3 Gibson-I.ewis, LLC Company Name sign tune _ loot W. 1 I th St. Robert A 1_ingenfelter Company Address Printed Name Mishawaka, IN 46544 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Robert A. Lingenfelterand acknowledged his/her, signature to the above Project Completion Affidavit on the 5 day ;fM �.2 3 Notary Sitnaturc My Commission Expires 7/10/24 Elizabeth A Biddle Printed Namc . County of Residence St. Josel]h If the Contractor is a corporation, the following certificate will be executed. h , 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 its governing body, and is within the scope of corporate powers: Secretary's Signature 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: 8/9/2023 Co traction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS VILa Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member IND J(osepph� (� R..Molnar, Vice President avL� Alexandra Dolz-Lane, Member 4 Attest: Theresa M. Heffner, Clerk Date: August 22, 2023 Final Waiver of Lien State ofmana, County of St. Joseph SS: Robert Lingenfelter being duly sworn that he/she Is the President (HEM of Uflioer) ('i`itte) of Gibson -Lewis. LLC _ _ having contracted with City Of South Bend (Contractor) (Owner) tofmishaeitabimaterials and/orlabor asfollows: Player Facility lrrt rovgrnents (Description) for ap4octknown as Four Winds Player Facility — (Name ofProJeot) located at South Bend, IN 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 aclntowledged; or ❑ the.paymont of which has boom prottuised as the sole consideration for ft Affidavit and Irinal Waiver of >;.foscwhloh is given 20)*wM respect to said amount, and which waiver shall be efl alve only upon rocaipt afpaytnent titeraof by pre undersigned; (FINAL WAIVER,) that the final balance dua Bern the contractor fs 0 a 4ogg SEVENTY THOUSAND FIVE HUNDRED, NINETY-THRT100 $70 593.42 ❑ receipt of which is hereby acknowledged; or ® thbP*meut of which has been promised as the sole consideration for this Affidavit and Fetal Waiver of Lien which shall become efl adve ** upon Mocipt of euoh payment. CURB, the ttndergPed waives and releases unto the Owner of said promises, any and all liens.or claims whatsoever on the above•desrxlbed.property and improvements thereon au $acotntt of labor armate6l or both. Nmlal ed b dw undemigned #+eretn, suideot to Ihnitatlods or conditions expressed horela, if auy; and ilufhcr cettlflW that no oiherpady has my claim oartot to a Meer an e000tmt ofatw Work pertbtmod Ormaterial ftuelahed to rite undersigned for said pgoct, and within rho scope of flds A#Yldavh and Waiver ofL1en. Gibson -Lewis, LLC BY (Finn) (�IgthotiasdRepresontativn] STATE OF INDIANA ) SS: ST. JOSEPH COUNTY (Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and admowledged the execution ofthe foregoing Affidavit and Waiver of Lien. IN WrIMSS WId MOP, I have hereunto subscribed my name and affixed my o"f seal on the 5th day of May 2023 Notary Publio Sigastum My Commission Expires; July 10, 2024 Elizabeth A. Biddle Residing in St._ Joseph County, I N Notary Publio Name MAINTENANCE BOND Bond Number: 30160063M KNOW ALL PERSONS BY THESE PRESENTS, That we Gibson -Lewis, LLC 1001 West 11th Street, Mishawaka, IN 46544 referred to as the Principal, and The Continental Insurance Compaq as Surety, are held and firmly bound unto City of South Bend, Indiana of 227 West Jefferson Blvd, South Bend IN 46601 of hereinafter , hereinafter referred to as the Obligee, in the sum of One Hundred Forty -One Thousand One Hundred Eighty -Seven & No/100 Dollars ($ 141,187.00 ), 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, Indiana dated October 11. 2022 for Four Winds Field Player Facility - Project #122-021 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 April 7, 2023 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 April 7, 2023 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 9th Form F4721 day of May 2023 Gibson -Lewis, LLC (Principal) By (Seal) Robert A. Lingenfelter, President The Continental Insurance Company (sure y) By (Seal) CarcoE. Wheeler Attorney -in -Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, that The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Carolyn E Wheeler , Individually of Knoxville TN , its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature — In Unlimited Amounts — Surety Bond Number: 30160063MI Principal: Gibson -Lewis, LLC Obligee: 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 the insurance company 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 Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of April, 2023. The Continental Insurance Company a_n7 #�'''�• Larry Kasten Vice President State of South Dakota, County of Minnehaha, ss: On this 27th day of April, 2023, before me personally came Larry Kasten 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 The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. M.SENT /�'�� NOTARY PUUM � JSOUTH OAXOTA f My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of The Continental Insurance Company, 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 Resolutions of the Board of Directors of the insurance company 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 company this 9th day of May 1 2023 • .�4INS �k.,• The Continental Insurance Company D. Johnson Assistant Secretary Form F68504-2023 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE 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 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 Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of The Continental Insurance 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 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 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." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/09/2023 Name Kvle Ludlow Department Public Works BPW Date 08/22/2023 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 Gibson -Lewis, LLC New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information U Yes U If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Four Winds Field Player Facility Improvements 122-021 PSCDA " 111 •::1 $1,411,868.00 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