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HomeMy WebLinkAboutPCA - 2022 Community Crossings Roadway Rehabilitation Proj No. 122-024R - Milestone Contractors1316 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 December 12, 2023 Ms. Alisha Krueger Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 akrueger&mile stonelp. com RE: Project Completion Affidavit — 2022 Community Crossings Roadway Rehabilitation Project No. 122-024R Dear Ms. Krueger: At its December 12, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $4,566,395.74. 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, Is/Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA MIcou ..a "h S• CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS =.�< PROJECT COMPLETION AFFIDAVIT PROJECT NAME 2022 Community Crossings Roadway Rehabilitation PROJECT NO 122-024R FINAL COST $4,566,395.74 CONTRACT SIGNED 8/9/2022 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Pavement improvements on Rainbow Dr, Southlea Dr, Eastmont Dr, Hill St, and Jackson St. 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. Exertedth•s 21 t day of_Noyember 2023 _ W_. Milestone ContractorsNorth,_Inc. � Company Name Signature�- 24358 State Road 23 Josh .Burris Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared __ _,10_§}j.Byfrl6__ _,and acknowledged his/her signature to the above Project Completion Affidavit on the 21 st day f No m , 2023 ALISHA KRUEGER Notary Sikmx<re My Commission Expires 5 03 .ogY nuy . . ,ission Expires Alisha Krueger JnNumb 0 �;• � � uile Commission Number NPQ653544 W Printed Name County of Residence LaPorte 'rF' a`T'' corle County If the Contractor is a corporation, the following certificate will be executed. I, Danielle Paine _ �, certify that I am Secretary of the Corporation executing this release, that Josh Burris who signed this release on behalf of the contractor was then General Superintendent of said Corporation; that said release was duly signed for and on;,q0Pfj1f4,' rporation by tygoverning body, and is within the scope of corporate powers: Secretary's Signature y �ORP OR` R Corpsrate SEAL '•nC Printed Name i DEPARTMENT OF PUBLIC WORKS APPROVAL �i a, b • �� Nb1aN� This project is acceptable for finial approval and we recommend to the Board of Public Works that it be orda�R.t l tttj�o &6& , � c ry Date: 12/5/2023 Conoruction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vA�a Elizabeth A. Maradik, President �- --• r� Q�iil� Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Bri��4 a��naa Micou, Member l� Attest: Theresa M. Heffner, Clerk Date: December 12, 2023 P,i,l Milestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA SS: COUNTY OF ST. JOSEPH FINAL Payment to Follow John Conway being duly sworn states that he is the Project Accountant of Milestone Contractors North, Inc. having contracted with CITY OF SOUTH BEND, INDIANA to furnish certain materials and/or labor as follows: ROADWAY REHABILITATION for a project known as COSB 2022 CCMG ROAD REHAB (MCLP Job# 229718) located at SOUTH BEND, IN and owned by CITY OF SOUTH BEND and does further state: FINAL WAIVER: that the final balance due from the owner is the sum of three hundred eighty thousand seven hundred sevenh• and 651100 Dollars the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises any and all lien or claim whatsoever on the above -described property and improvements thereon on account of labor or material or both, furnished by the undersigned thereto, and further certifies 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. Milestone Contractors North, Inc. n Conway Project Accountant Subscribed and sworn to before me this: 22nd day of November, 2023 Notary Public: Alisha Krue r My Commission Expires: June 5, 2030 .... "�i ALISHA KRUEGER • `�; My Commission Expires County of Residence: La Porte 1*• SEAL :* June 5, 2030 Comrrdssion Number NP0653544 La Porte County Change in Utilization Plan Request Template To be completed by Prime Contractor requestina a change in Utilization Plan: Project Name: 2022 CCMG Road Rehab Prime ( Milestone Contractors North Date of Occurrence: 11/30/23 Date Request sent to PM: 12/1/2023 Sub -Contractors impacted by Sub -contractor MBE Name or W�BE SIaiccarc lE AIRF I Chc requested change in Utilization Plan Brief Explanation for Requested Change in Utilization Plan a inscoLe._ __ Optional Additional Comments/Notes: Quantity of sodding was decreased due to plan changes and excavation limits which decreased Slussers total payment amount. To be comoleted by Proiect Manager Project Date of Date rec'd Change in Utilization Plan Date Manager Occurrence (within24hours of Approved/Denied/or Requesting Approved/Denied Date of Occurrence Additional information for approval) Leslie Biek 11/30/23 12/1/2023 Approved_ 12/4/2023 Notes: Contractor Awarded Amount Paid to Date Traffic Control Specialists WBE $ 148,894.89 $ 116,254.89 Slussers WBE $ 73,459.86 $ 55,577.98 Hawk Enterprises Inc WBE $ 15,113.75 $ 10,925.70 Buc Const Supply WBE $ 7,000.00 $ 9,950.00 C. Lee Const MBE $ 39,000.00 $ 59,766.54 V&R Trucking MBE $ 36,000.00 $ 50,981.00 Kennedy Expressline MBE $ 34,000.00 $ 67,754.32 1st Class Logistics MBE $ 30,000.00 $ 43,380.16 V&R Trucking WBE $ 6,000.00 $ 6,000.00 Shoshone Trucking WBE $ 18,000.00 $ 30,044.42 Difference Remaining Remaining Payments Final Amount $ 32,640.00 $ 32,640.00 $ $ 17,881.88 $ 17,881.88 $ 4,188.05 $ 4,188.05 $ (2,950.00) $ (2,950.00) $ (20,766.54) $ (20,766.54) $ (14,981.00) $ (14,981.00) $ (33,754.32) $ (33,754.32) $ (13,380.16) $ (13,380.16) $ (12,044.42) $ (12,044.42) Reason if Final Amount is less than Awarded Amount Change in Scope Change in Scope MAINTENANCE BOND Bond No. MNT30167905 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 Casuat 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 Four Hundred Fifty Six Thousand Six Hundred Thirty Nine Dollars and 57/100 Dollars ($ 456,639.57 ), 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 .August 9 2022 , for Project No. 122-024R; 2022 Community Crossings Road Rehabilitation 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 Seetembr 28th, 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 9 / 28 7 2 0 2 3 -- then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 22nd day of November - 2023 Milestone Co(AFerc-t9es North, Inc. f (Principal) Continental Casualty Angela Forth F4591 Director of Esti tC actors =�r QRATf 'S iati*/,`r ►Nd10,�e` 1 g57 PO'"TR OF ATTO&NEY APPOLYTIi``G Z'DI%WUAL ATTORNEY -IN FACT Know Alllien By These Presents, That Continental Casualty Company, an Illinois h=rmce 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 theirprincipal offices in the City of Chicago, and State of Illinois. and that they do by virtue of the signatures and seals herein affixed hereby mane, constitute and appoint Angela M. Riley, Indiridually of Indianapolis, IN their true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to signseal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SocWBWdN*-- MNT30167905 WAdpab Milestone Contractors North, Inc. Obftm 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 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 pursuaut to and by authority of the By -Laws and Resolutions, Printed on the re%wse hereof~ duly adopted, as indicated, by the Boards of Directors of the insuance companies. In Witness Whereo4 the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of May, 2023. Dt�sw �tc��r 2 _ r Continental Casualty Company National Fire Irrstnance Company of Ha e"d American Casualty Company of Reading, Pennsylvania Laity Kasten Vice President State of South Dakota, County of Minnehaha. ss: On this 9th day of May, 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 Continental Casualty Company, an Illinois insurance company, National Fire Treasure Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading. Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said hni urance comVinier. that the seals affixed to the said instrument are such corporate seals; that they v6 ere to affixed pursuant to authority given by the Boards ofDirectors of said insurance companies and that he signed his name thereto pursuant to hike authority, and acknowledges same to be the act and deed of said insurance companies. as ENT PUW wosN►r wren , wan+ aNaOa Q0 M A" .f.r...'w�WY.. My Commission Expires March 2, 2026 M seat 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 cert* that the Power of Attorney herein above set forth is shill in force, and hither certify that the By -Laws and Resolutions of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereuato subscribed my name and affixed the seal of the said insurance companies this 22nd day of November , 2023. C�4f{�h9a�✓d�3. Forta, F6853-4-2023 Condoental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Go to w sew:tnssurettr west > Owner / Obligee Services > Validate Bond Coverage, If you want to verify bond authenticity. Authorizing By -Laws and Resolutions This Power of Attorney is signed by Lary Kasten, Vice Prudent of each of the CNA Companies (as defined in the Power of Attorney), who has been authorized pursuant to tha below llylaa s and Resolutions to extoAt power of attemm-s on behalf of eaeb of the CNA Companies. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY. This Power o€Attaaruy is made and executed pursuant to aodby audnorixty of the faiiowing resohuion duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may autimme an ofhiter to sip specific documents, agreements and instruments on belaHof the Company provided that the name of sash authorized officer and a description of the doccawnts, agreements or instnrmens that arch offiev may sign will be pfovideal in writing by the Senior of G" Vice President to the Secretary of dw Company prior to mch execution becooLing eCKti%*." 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 o€the Company by umanimoas written content dated the 250, day of April, 2012: "Wbma% the bylaws of the Company of speei6t rmohrtion of the Board of Directors has authorized %unions officers (the "Authorized Off") to executerarims policies, bonds, undertakings and other obligatory iastramartx oflate nature; and Whereas, fxaan time to time, the signature of the Awhmined Offices in addition to being pmvided in origmA hard copy forma; maybe posvided via fecuouleor otherwise in an elecume format (colleetivv !y. "Eleeauroic Signatures"); Now therefore bait resohv.d; drat tle Eketro= Sigaahrre o emir Audmized Offices shalt be ti aU and binding on the Company.* This Power of Attamey nary be signed by digital signature and sealed by a digital or otherwise electroaiafoatnatted corporate seal under and by use authority of the following Resohrboa 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 my cmpora2t documents signed by digital signatures sad to rati& and ccofum the use of a digital or otherwise tlectrouic•formatted corporate seal, each to be cousidered tin act and deed of der Company. ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and warted pursuant to and by authority of the fallowing resolution duly adopted by the Board of Directors of the Company by Unanimouswritten consent dated May 10,1"5: "RESOLVED: That any Senioror Grow Vice Presidenttatay authorize an officer to sign speci& documents, agreements and msfivmbas oa behalf of the Company presided rant the name of such authorized offices and a description of the documunts, apeements or instruments that tuts officer may sign will be provided in u7iting by dw Senior or Grow Vim President to the Secretary of thra Coaspany prim to uses erteootion becoming e$ecthm-7 Ties Power of Attorney is signed and sealed by fsesimile under cad by the authority of the following Rawltaon adopted by fire Board of Directors of the Company by wnsuiawus written consent dated the 250, day of April, 2012: 'PIMeas, the bylaws of lira Coaspwy or specific reschrCon of the Board of Directors hu authorized various officers (the "Authorized Offi ens") to ntasuufe various policies, bonds, undertakings and other obligatory instruments of Woe nacre; and Whereas, from time to time, the signature of the Authorized Offmns. in addition to being pm ided in original, had copy €ormak. may be provided via bcsim *01' otherwise 0 an eleectrmic format (eoilediv,•]y, "Eietlrorfc SagaatKm"% Now therefore be it nsohv& that the Eket mew Sigaatme. o€arry Andmuad Officer shall be valid and binding on the Company." This Power of Attmuey may be signed by digital signature and sealed by a digital or odmwine electrouic•foxmatted corporate seal under and by that amsmity of use following Rasolittion adopted by the Board of Directors of the Company by unanimous wsstten cocru t dated the 27th day ofAp % 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and eoafrm any corporate documents signed by digital 4sannres and to rarefy and co mfiirm the rase of a digital or otherwise eieetronie•fosmautc! corporate seal, each to be considered doe act and deed of the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANL'L This P~ of Attorney is made and exevited pursuant to and by so&& ty of the following resolution duly adopted by the Board of Des of the Company by unanimous written consent dated blay 10,1995: "RESOLVED: That any Senior or Group Vice President array authorize an odhiaer to sign speaSc docutoents. agrees and kahumum an behalf of the Cody provided that the name of such authorized offaoer and a description of the documents, agreement oa instruments that such officer rimy signs will be provided in writing by use Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed and scaled by Win& under and by the authority of the following Resohnsion adopted by the Board ofDirectors *Rite Company by unaaimarswritten consent dated the 256 day of April, 2012: "Whereas, tyre bylaws of the Coa:npany or specific tmoli than of use Board of Directors has authorized %vious of mn (the "Anthotimed Offems*) to exeeuus various polities, bonds, undertakings and other obligatory instruments of Woe aatm, and Wberea, from time to time, the siguture of the Authorized Ofhic ess, in addition to being provided is original, hard copy format, may be provided via fatsinsik of otherwise in an electrock format (collectively. "Electronic 5ipxmres"k Now therefore be it resohv& tsar the Electronic Sipnatrtre of any Audwn=d Offitastall be valid and binding on than Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-£armstted corporate seal under and by The authority of the Wowing Resold an adopted by the Board of Duettoes of the Company by un•"izom written consent &W the 27th day of April, 2022: "RESOLVM. That it is in the best interest of the Company to periodically ratify and confirm any corporate docume is signed by dual signatures and to ratify and confirm the use of a digital or odrawise ekctrooic•fomutted c+uponte seal, each to be considered the art and deed of the Company." BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/5/2023 Name Leslie Biek Department Public Works BPW Date 12/12/2023 Phone Extension 9323 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 ❑ Other: ❑ 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 Purpose/Description ❑ Yes ❑ If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑ Nos 2022 CCMG Road Rehabilitation 122-024R GCMG, River West TIF, South Side Development TIF,Tax Incremental Development Fund. Council Appropriation PROJ- 00016955 PO-0018944 $4,566,395.74 Closeout For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: