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Home My WebLink AboutPCA - 2023 Brick Spot Repair Proj No. 123-057 - Acorn Landscaping1316 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 March 26, 2024 Mr. Jeff Ritschard Acorn Landscaping LLC 3680 W. Sample St. South Bend, IN 46619 info&acomlandscapers.com; jeffritschard(acr�yahoo.com RE: Project Completion Affidavit — 2023 Brick Spot Repair — Project No. 123-057 Dear Mr. Ritschard: At its March 26, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $202,970.75. 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 MURRAY L. MILLER BRIANA N. MIcou CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Brick Spot Repair PROJECT NO 123-057 FINAL COST $202,970.75 CONTRACT SIGNED 7/11/2023 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Spot brick repair multiple locations 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. Ex ute� day of 4 ram`' , 202_. Acorn Landscaping Company Name mISSitNl DIoSL�S 680 n Street Address Printed Name Alisa Simpson Soule Bend, IN 46619 Notary Public Seal State of Indian i I St. Joseph County City State, Zip WITNESSESS: My Commission Expires 12/18/2024 efore me, the undersigneq Notary Public in and r s 1 o a d s e, personally appeared Q C1'acknowledged s/her signature to the above Project Completion Affidavit on e day ofn0 , 202. Notary Signature My Commission Expires Z P-c -1 V_,, <:� t rr-\ m,r--� 1--64, Printed Name County of Residence If the Contractor is a corporation, the following certificate will be executed. I, , 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 Corporate Seal Printed Name 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: Construction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS tla(4 Elizabeth A. Maradik, President Gary A. Gilot, Member �m Joseph R. Molnar, Vice President Breana N. Micou, Member Murray L. Miller, Member Attest: Laura D. Hensley, Acting Clerk Date: March 26, 2024 CONSENT OF SURETY O%VNrR O TO FINAL PAYMENT ARCHITrCT D 0 CONTRACTOR .ALA Document G707 SURETY 0 OTHFR D Bond No. S037090 TO O%VNER: ARCHITECT'S PROJECT NO.: (A'aine and adrlrml City of South Bend, Department of Public Works, Dept. of Engineenrigng CONTRACT FOR: $202,970.75 227 W. Jefferson Blvd. South Bend, IN 46601 PROJECT: CONTRACT DATED: July 25, 2023 (Nmne and addrrsc) 2023 Brick Spot Repair project No. 123-057 In accordance with the provisiors of the Contract between the Owner and the Conmaor as indicated -J)ove, the ga4crt name and addrezr oJSurrrt 1 Employers Mutual Casualty Company P.O. Box 712 Des Moines, IA 50306-0712 SURFTY on bond of (!titan mice and addrmc of Corrtraclur) Acorn Landscaping, LLC 3680 West Sample Street South Bend, IN 46619 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (litxrt rtan:c and addrtcr oJOu'nrrj City of South Bend, Department of Public Works, Dept. of Engineeringng 227 W. Jefferson Blvd. South Bend, IN 46601 OWNER, as set forth in said Surety's bond. L\* WITNOS WHEREOF, the Surety has hereunto set its hand on this date: February 22, 2024 pmvri lit uvitbtR (bc naoritb fadlarar(bP tBr n,un`-ric l OUAL _o- SEALA Attest: ,,�nhs•••• (Se2l): Employers Mutual Casualty Company (orrrfrJ By: <� tggnaturc o)faurborlmd irprrmnlative) William P. Maher Attorney -in -Fact (Printed itame and rule) Surety Phone No. 515-280-2511 G707-1 994 AFEMC P.Q. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company and collectively as "Companies", each does, by these presents. make, constitute and appoint: William P. Maher its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S037090 Principal : Acorn Landscaping, LLC Obligee City of South Bend, Department of Public Works, Dept. of Engineeringng and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -In -fact at anytime and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 19", day of September, 2022. Seals ott R. Jean, r sident & CEO Todd Strother,Executive Vice President a',„s; ,•��or:o;N� , ;,�¢<Y a; �q•,, of Company 1 C airman, President Chief Legal Officer & Secretary of o�r��:'. T'' : o ' N^�:�';': r& CEO of Co antes 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 z SEAL!U z, 1883�1953 ;o awn ;ao ;; i�.,, , ` ••=.o ••"WPA)V, C6 r'' :•p0,N5•,,.''N'r': :•srN'Ul uAIC ;��. o�ro��'; goy ;, ra` .`o✓ot,' ,�j."- ; Vie: `o�ror� �,�4vA� :1: SEAL = = 3 SEAL = £ _ :: ;SEAL =A 4 KATW LOVEAIDGE `Cmmrkpbn Nwnbw 720769 I On this 191" day of September, 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. f ffy Notary ublic in and for the State dT Iowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and thle PnWor nr Arrnmav issued nursuant thereto on 1911 day of September, 2022, are true and correct and are still in full force and effect. In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 22nd day of February 2024 Vice President 7853 (9-22) 0000000-NA 00000 000 SSS 000000 "For verification of the authentictty of the Power of Attorney you may call (515) 345-7548." MAINTENANCE BOND Bond No. S037090 KNOW ALL MEN BY THESE PRESENTS: That Acorn Landscaping LLC 3680 West Sample Street, South Bend, IN 46619, as Principal, hereinafter called Contractor, and Employers Mutual Casualty Company P.O. Box 712 Des Moines IA 50306-0712 , as Surety, hereinafter called Surety, are held and firmly bound unto City of South Bend Department of Public Works Dept. of Engineerinqnq 227 W. Jefferson Blvd. South Bend IN 46601 , as Obligee, hereinafter called Owner, in the penal sum of Twenty Thousand Two Hundred Ninety Seven Dollars and 08/100 Dollars ($ 20,297.08 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: 2023 Brick Spot Repair project No. 123-057 in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. 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) Years from the date of final payment of the work provided for in the Plans, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 22nd day of February 2024 In the presence of: Acorn Landscaping LLC Principal (Seal) By: Title Employers Mutual Casualty Company UA;cgs ; Surety SEALp= Moir,Es. B y. William P. Maher Attorney -in -Fact Surety Phone No. 515-280-2511 AFEMC P.O. Box 712 - Des Moines, Iowa 50306-0712 INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6, EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: William P. Maher its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S037090 Principal : Acorn Landscaping, LLC Obligee : City of South Bend, Department of Public Works, Dept. of Engineeringng and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile ormechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 19'h day of September, 2022. Seals colt R. Jean, r sideni &CEO Todd Strothe r, Executive Vice President of Company 1 C airman, President Chief Legal Officer & Secretary of ,.`�•py.�s;;RI,.� ,-�`��,OMD,�N�,,, rg CEO of Co a Companies 1, 2, 3, 4, 5 & 6 iS j ;H P 4pRlORRl O p o-+., y _ nies 2, 3, 4, 5 & 6 ° " = 1953 ' l = SEAL;€= i 1863 �o IOWA �i�:•, ,� O Ce •+ o: or..oRtr';Oq; ` � LORroM��'•C.:- :�P `o�roR�i �,: :Z : SEAL :: SEAL: _ SEALg'p? KATHY oe.wWYtSi1DGE tio�don Mxrbw 1 7N my c g� ZMS Ew On this 191" day of September, 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission E, jNotary uxpires October 10, 2025. blic in and for the State Iowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and .h;,, o.,,.. r eRmma„ iccl Id3d nnrsuant thereto on 19m day of September, 2022, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 22nd day of February 2024 Vice President 7853 (9-22) 0000000-NA 00000 000 SSS 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345.7548. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/14/2024 Name Kvle Ludlow Department Public Works BPW Date 3/26/2024 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 Acorn 1 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 2023 Brick Spot Repair 123-057 Economic Development PROJ- 00025460 PO-0025677 $202,970.75 Purpose/Description 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