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Home My WebLink AboutPCA - Main Street Improvements Sherwood St. to Dean St. Proj No. 122-045 - Milestone1316 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 March 26, 2024 Mr. Dustin Hilary Milestone Contractors North, LLC 24358 State Road 23 South Bend, IN 46614 akrueger&mile stonelp. com RE: Project Completion Affidavit — Main Street Improvements from Sherwood St. to Dean St. — Project No. 122-045 Dear Mr. Hilary: At its March 26, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $395,540.84. 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 MURRAY L. MILLER BRIANA N. MIcou CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS / PROJECT COMPLETION AFFIDAVIT" PROJECT NAME Main Street Improvements from Sherwood Street to Dean Street PROJECT NO 122-045 FINAL COST $395,540.84 CONTRACT SIGNED 1/10/2023 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Improvements to parking lane and curbline. 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 c traa „and that the contractor performed the work within the scope of the Specifications and Standards of the ty of ou end which were a part of the above Contract. Executed Printed Name WITNESSESS: Before me, the undersigned Notary Public Dustin P. Hilary , and acknowledge 2023 �OFp0RATE .e jI •• l-l� �� n � Milestone Contractors North, Inc. Company Name 24358 State Road 23 Company Address South Bend, IN 46614 City, State, Zip d the 20th Qf Nove ber 2023 Notaryafore My Commission Expires 6/5/2030=ALISHAKRUEGERssion ExpnesAlisha Krueger5, 2�30Printed Name County of Residence 1 p mnar NP0653544If the Contractor is a corporation, the following certificate will be executeda County I, Danielle Payne certify that I am Secretary of the Corporation executing this release; that Dustin P. Hilary who signed this release on behalf of the contractor was then Director of Estimatinq of said Corporation; that said release was duly signed for and on behalf of said Corporation b Au- • of its governing body, and is within the scope of corporate powers: Secretary's Signature Corporate Seal Danielle Payne 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. &A Date: 3/12/2024 Conoction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vl�a �P1 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Breana N. Micou, Member Murray L. Miller, Member Attest: Laura D. Hensley, Acting Clerk Date: March 26, 2024 P,J,l Milestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA SS: COUNTY OF ST. JOSEPH FINAL Payment to Follow John D Conway being duly sworn states that he is the Senior Project Accountant of Milestone Contractors North, Inc. having contracted with CITY OF SOUTH BEND, INDIANA to furnish certain materials and/or labor as follows: ROAD CONSTRUCTION for a project known as Main St. Improvements, Sherwood to Dean (MCLP Job# 239700) 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 twenty thousand eight hundred sixty-one and 471100 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. John D Conway Senior Project Accountant Subscribed and sworn to before me this: 22nd day of November, 2023 Notary Public: Alisha Krueger My Commission Expires: June 5, 2030 County of Residence: La Porte ALISHAKRUEGER My commission Expires � : SEAL :: June 5, 2030 Commission Number NP0653544 La Porte County MAINTENANCE BOND Bond No. MNT30179357 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 Thirty Nine Thousand Five Hundred Fifty Four Dollars and 08/100 Dollars ($ 39,554.08 ), 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 10 2023 , for Project No. 122-045, Main Street Improvements Between Dean St. and Sherwood St. 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 October 2, 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 then this obligation shall be void, otherwise to remain in full force and effect. 0%J1111j,11 %A 0nt r a c toP'i��i SIGNED, SEALED AND DATED this 20th day of November 2023 ��`?: •' ''.,�o'•' CDRPOR.4 :. 3 Milestone Contrado_r �orth rrc. ��. SEAL ; •� ( cipal) lllil B (Seal) Dustin P. Hilary, Director of Estimating Continental Casualtv Comoanv \r/lr/ll z o By x� S✓'tr( Angela Nkkley , A y-1-act�`�-�" , e:a7 Form F4591 PO«IR OF ATTORNEY APPOLNTING INDIVIDUAL ATTORNEY -UN -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 CNIA 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 vime of the signatures and seals herein affixed hereby male, constitute and appoint Angela M. Riley , Indnidually of Indianapolis, 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 - &vcgD0odN0 MNT30179357 Pr;apsl: Milestone Contractors North, Inc. o.u*r. City of South Bend and to bind them thereby as fully and to the same extent as if such instruments ww•ere signed by a duly authorized officer of their insurance companies and ail the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Laws 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 9th day of %lay, 2023. cnsu,4,r} •, c,,r � o tsk f �. � ,y c6rooa.rr �� "Learoo;��o�x • ro g Z T � lVIT 11. �J SEAL t ISC2 Contunental Casualty Company National Fire Insurance Company of Hartford Amencan Casualty Company of Reading, Pennsylvania Larry Kasten ` Vice President State of South Dakota, County of hlianehaha, ss. On this 9th day of lvfay, 2023, before me personally came Larry Kasten to me knows., 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 Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsyl•awa 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 w , �OtJTw MWu f Nly Coauuission Expires %larch 2, 2026 N1. Bent Notary Public CERTIFICATE I, 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 -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 hereunto subscribed my name and affixed the seal of the said insurance companies this 20th day of November , 2023. a Continental Casualty Company National Fire Insufance Company of Hartford ccn"OAA •c c ;� �,�oer ,:,rye a American Casualty Company of Reading. Pennsylvania ro s z ° SEAL D. Johnson Assistant Secretan Form F6853-4-2023 Go to www.cnas!4retl.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laths and Resolutions This Po%vet of Ano min is signed by Lany Kasten, V:ce Preudent of each of the C\A Companies (a; defined in the Power of ,lttomey), who ha: been authorized put suant to the below Bylaw: and Resolutions to execute power of atiotneys on behalf of each of the C\A Companies. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Acoiney is made and executed pursuant to and by aut.ior:ty of the fo!lowmg resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: `RESOLVED. That any Senior or Geoup Vice Pesidea: may authorize an officer to •sign specific documents, agreements and in-bitmen:s on behalf of the Company provided that the nave of such authorized officer and a description of the documents, apeemeats or instruments that such officer may sign will be provided in writing by the Senior or Group Vice Resident to the Secretary of the Company prwr to such execut:on becoming effective." This Power of Attorney is signed and sealed by fac"radt under and by the authority of the foUou=g Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25" day of April, 2012: "Whereas, the bylaw-, of th* Company or specific tesolution of the Board of Directors has au•,horuA various officers (the "Authorized Officer--) to execute various policies, bonds, undettalmis and other obligaton• imtnttnent. of like nature; and R'heteas, from time to time, the signature of the Authorised Ofriceis, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an elecaomc format (collectively, "Electronic Sipu:ures•), Now therefore be it resolved that the Electronic Signature of any Authorized Officer shall be vand and b.adi.g on the Company.., This Povver of Attorney may be signed by digital signature and sealed by a dir-tal of otherwise electronic-fotmatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous wntten consent dated the 27th day of April, 2022: "RESOLVED: That it v in the best interest of the Company to period cally ratify and confirm any corporate documents signed by digital sipnatwes and to ratify and confirm the use of a dig:ul or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPAXY OF HARTFORD. This Power of Attorney is made and executed pursuant to and by authority of the fo!!o%vW resolution duly adopted by the Board of Directors of the Company by uanmmous written consent dated \fay 10, 1995: "RESOLVED: That any Senior or Cnoup Vice Resident MAY authorize an officer to lip specific documents, agrnments and instruments on behalf of the Company provided that the name of such authotized officer and a description of the documents, agreements or instrument that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secreury of the Company prior to such execution becoming effective." This Power of Attorney is signed and sealed by faes:mtle under and by the authority of the following Resolution adopted by the Board of Director: of the Company by unanimous written consent dated the 25°i day of April. 2012: "Whereas, the bylaws of the Company or specific resolution of the Bond of Ditecton has authored various offices (the "Authorized Officer:") to execute various policies, bonds, undertakings and other obligatory i nsaum*nts of Tile mature; and Wh teas, Som time to time, the signature of the Authorized Of'Ficet-, in addition to being provided is original, hard copy, format, may be provided via facsim le or otbemise in an electromc format (collectively, "Electrome Signature:'), 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 aged by digital signature and sealed by a digital of otherwise electronic -formatted corporate seal under and by the authority of the follow* Resolution adopted by the Board of Director, of the Company by unanimous wnt•.en consent dated the 27th day of April, 2022: "RESOLVED. That it is in the best interest of the Company to penod:cally ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise elect ouic-formatted corporate seal, each to be considered the act and deed of the Company.'• ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CAS(:ALTY COMPANY OF READING, PENNSYLVANIA This Power of Avotmey is made and executed pursuant to and by au•,honty of the followaig re-,olut:ou duly adopted by the Board of Directors of the Company by unanimous written consent dated MAY 10, 1995. "RESOLVED. That any Sensor of Group Vice Resident ally authorize = officer t0 up specific documents, agreemeats and instruments oa behalf of the Company provided that the acme of such authorized officer and a description of the documents, agreements or mitiunenr, that such officer may sign vnll be provided in writing by the Senior or Group Vice Resident to the Sectetary of the Company prior to such execution becoming effective." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolmon adopted by the Board of Directors of the Company by unanimous wntten consent dated the 25° day of Apnl, 2012: Mititas, the bylaws of the Company or specific resolution of the Board of Daectoi s has authorized various officer. (the "Authorized Officers-) to execute various policies. bonds, undettakings and other obligatory in:tiunents of like na:ate, and Whereas, flow tin* to time, the sirnatwe of the Authorae-d OfSrns, in addition to being provided in onyrnal, hud copy format, may be provided vac facsimile or otherwise in an electronic format (collectively, -Elecaonic Sipu%, ue-.');Now therefore be it resolved that the Electronic S:pa:ure of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital siputure and sealed by a digital or othermse electronic -formatted corporate seal under and by the authority of the following Kesoluaoo adopted by the Boaid of Directors of the Company by unanimous wrt:en consent dated the 27th day of April, 2022: "RESOLVED: That it is in the best iatert•st of the Company to penod:cally tatify and coafum any corporate docuneats signed by digital sig acmes and to ratify aid confirm the use of a digital or otherwise e!ectrowc-formatted corporate seal, each to be considered the act and deed of •We Company.'- BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/12/2024 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 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 ❑ WBE Completed E-Verify Form Attached ❑ Nos Main Street Improvements from Sherwood St. to Dean St. 122-045 SSDA TIF PROJ- 00019724 PO-0021323 $395 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