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HomeMy WebLinkAboutPCA- Neighborhood Infrastucture - Ford & Walnut Proj No 121-048C- 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 November 12, 2024 Mr. Dustin P. Hilary Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 dhilary&milestonelp. c om RE: Project Completion Affidavit — Neighborhood Infrastructure — Ford St. & Walnut St. Intersection — Project No. 121-048C Dear Mr. Hilary: At its November 12, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $467,264.65. 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 Hefner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT -- % PROJECT NAME Neighborhood Infrastructure: Ford St and Walnut St Intersection PROJECT NO 121.048C FINAL COST $467,264.65 CONTRACT SIGNED 12/20/2022 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Neighborhood Infrastructure WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend which were a part of the above Contract. Executed this I 27th da, of __September 2024 Milestone Contractors North, Inc. Company Name Signature 24358 SR 23 Dustin P. Hilary, Director of Emating, Griffith -South Bend Company Address sti Primed Name South Bend, IN 46614 City, State, zip WITNESSESS: Before me, the undersigned No Public in and for said coup and state, �+� .. 1 Y h7' (f - n 1 ALISlIA KRUEGER Dustin P. Hilary _ , and acknowledged his/her signature to the above Pn� 0. tion A*rdev*.`/A►! Ex0es •: SEAL -1 June 5, 2030 the 27th gof sepWNber 2024 =0 _`= Comrris$ion Number NP0653W G U Porte County Notary ._rgnature My Commission Expires 6/5/2030 Alisha Krueger Printed Name County of Residence LaPorte If the Contractor is a corporation, the following certificate will be executed. I, _ Danielle Paym , 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 u Direof Estimatina. GrHill South Bend of said Corporation; that said release was duly signed for and on Lyly / rporation by ut�ek of its governing body, and is within the scope of corporate powers: `��� �,ontr a c»°'s 0100RATf Secretary's Signatwe a i CorperanW ` Danielle Payne y':• SEAL .r n Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL 'i', bNb' This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained'Ib! �I.rr Date: 11 /1 /2024 Con�fuction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vt�a Z"�-P1 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana MMiicou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: November 12, 2024 State of Indiana, County of St. Joseph SS: Dustin P. Hilary ^ being duly sworn that he/she is the Director o_f_Estimating (Name of Officer) (Title) of Milestone Contractors North, LLC (F/K/A Inc.) having contracted with City of South Bend (Contractor) (Owner) to furnish certain materials and/or labor as follows; Road Reconstruction (Description) for a project known as Neighborhood Infrastructure: Ford St. and Walnut St. Intersection _ (Name of Project) located at Ford St. and Walnut St. Intersection and owned by City of South Bend (Owner) and does hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars ❑ receipt of which is hereby aclotowledged; or ❑ the payment of which lies been promised as the sole consideration for this Affidavit and Final Waiver of Lien which Is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; Owner (FINAL WAIVER,) that the final balance due from the eontrawor is the sum of 73, 709.48 Seventy -Three Thousand Seven Hundred and Nine Dollars 48/100 �$ ❑ receipt of which is hereby acknowledged; or ® the payment of which has been promised as the sole consideration for this AMdavit 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, fttrnished 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 f rnishod to the undersigned for acid , and Rhin the scope of this Affidavit and Waiver of Liev. � Milestone Contractors North, LLC (F/K/A Inc.) By (Firm) (Authorized Reprascntetivo) STATE OF INDIANA ) SS: ST, JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, In and for said County and State, personally appeared Dustin P. Hilary and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. October IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 16th day of 202 4 Notary Public signature My Commission Expires: 02/01 /2031 "-- John Conway Residingin _ LaPorte County, Indiana _ f Notary Public Name U4"RY PGB/ JOHN CONWAY SEAL • Dwnmission Number: NP0746553 My Commission Expires 9�OF 1N0\P 02101/2031 MAINTENANCE BOND Bond No. MNT30179350 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 Forty Six Thousand Seven Hundred Twenty Six Dollars and 47/100 Dollars ($ 46,726.47 ), 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 December 20 St. and Walnut St. dated 2022 , for Project No. 121-048C; Neighborhood Infrastructure - Ford 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 —S P p r e m h e r 2 3 , 20 9 A 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 May 2Q, 2 n 214 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 30th day of September 2024 Milestone By P. Hillary, Director of Estimating Continental Casu By Forth F4591 Angela M. Riley, Ott alc to.,s���ii� `o�RPORgrF�Os'� c �11 N V I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Nten 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 CNA 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 virtue of the signatures and seals herein affixed hereby make, constitute and appoint Angela M. Riley , Individually of Carmel, IN their true and lawful Attorney(s)-in-Fact with full power and authontt_ • hereby conferred to sign seal and execute for and on their behalf bonds. undertaknrgs and other obligatory instruments of similar nature Iu I'ulimited amouuts - Suretv Bond No: MNT30179350 Principal: Milestone Contractors North, Inc. 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 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 trade and executed pursuant to and by authority of the By -Laws and Resolutions, printed below, 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 January, 2024. g*SUAggc� i OpMOMTE � �? CCU A, `M(COfO4CT�� • ♦ s S wLr ri. 0 SEAL : `ay }% t r9 fa>i7 � MAahC� s � State of South Dakota, County of Minnehaha. ss. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company o0�1 f Readin Pennsylvania k� Lary Kasten Vice President On this 9th day of January, 2024, before me personally came Lam, 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 Insurance 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 insurance compames; 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 Ire signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My commission expires M. BENT NOTARY PUBLIC � r L BOUTN DAKOTA B _ March 2. 2026 ;,,,,,,,,,,,,,,,,,,,,,,, i M. Bent 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 certify that the Power of Attorney hereon 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 below are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance compames this 30th day of September , 2024 . �� ( %NSURq Continental Casualty Company 4.pE ��� c� a National Fire Insurance Company of Hartford - GowOPAre z � o con k", American Casualty Company of Reading, Pennsylvania rorr n. • ♦r� D ^ SEAL � ` rani s. NAPIt B t - D Iolmson Assistant Secretary r Authorizing By-LAws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF EACH OF CONTINENTAL CASUALTY COMPANY. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (as defined above. the "CNA Companies"): 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 each of the above CNA Companies at a meeting held on May 12, 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 each of the CNA Companies. 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 each of the above Companies by unanimous written consent dated the 25° day of April, 2012: "Whereas, the bylaws of time Company or specific resolution of the Board of Duectors 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 prodded 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 maid 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 each of the above CNA Companies 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." Go to www.cnasurety.com > Owner I Obligee Services > Validate Bond Coverage, If you want to verity bond authenticity. Form F6853-6/2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/01/2024 Name Kvle Ludlow Department Public Works BPW Date 11/12/2024 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 MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Neighborhood Infrastructure: Ford St. and Walnut St. Intersection 121-048C Infrastructure Bond, Council Appropriation PR-00019886 PO-0020878 $467,264.65 Purpose/Description _Project Closeout For Change Orders Only Amount of Increase $ Previous Amount ❑ Decrease Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: