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Home My WebLink AboutPCA - Cleveland Rd & Ameritech Dr. Intersections Improvements Proj No 122-049 - 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 December 17, 2024 Mr. Dustin P. Hilary Milestone Contractors North, L.P 24358 State Road 23 South Bend, IN 46614 dhilary&milestonelp. c om RE: Project Completion Affidavit — Cleveland Rd. & Ameritech Dr. Intersection Improvements —Project No. 122-049 Dear Mr. Hilary: At its December 17, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $1,463,270.49. 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 PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: CITY OF SOUTH BEND, INDIANA Ilk BOARD OF PUBLIC WORKS n �: PROJECT COMPLETION AFFIDAVIT � Cleveland Road & Ameritech Drive Intersection Improvements 112-049 FINAL COST $1,463,270.49 11/1/2023 MAINTENANCE AGREEMENT ENDS Pavement improvements at Cleveland Road and Ameritech Dr intersection in South Bend. 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.,Ciq of Soyfh Bend which were a part of the above Contract. Executed this 'both ay of C Sioi f >>d m P. Hilary Director of Estim rinted Name 2024 Milestone Contractors North, INC. Company Name 24358 SR 23 Company Address South Bend. IN 46614 City, State, Zip WITNESSES: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin P. Hilary and acknowledged his/her signature to the above Project, Cpttmgr0.,s,_,� ,r the 10t day of D ember 2024 ALISHAKRUEGER 1:* SEAL`*=My CJune5,ion Expires 2030 N N•. '` Commission NumberNP0653544 Not ignature My Commission Expires 6/5 Q ..... La Porte County Alisha Krueq Printed Name County of Residence LaPorte 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 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. /<u1.o Date: 12/11 /2024 Constru on Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS I Elizabeth A. Maradik, President Gary A. Gilot, Member yy/.v+,,r < qv'� Murray L. Miller, Member WE 01 Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: December 17, 2024 MAINTENANCE BOND Bond No. MNT30198604 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 W. Jefferson Blvd., South Bend. IN 46601 , hereinafter referred to as the Obligee, in the sum of One Hundred Forty Six Thousand Three Hundred Twenty Seven Dollars and 05/100 Dollars ($ 146,327.05 ), 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 September 26 2023 , for Project No. 122-049; Cleveland Rd. & Ameritech Dr. Intersection Improvements 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 December 10 2024 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 (--!—) year(s) from and after December 10, 2024 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 10th day of December 2024 Nit ' cto `�N\NN tatrs��,i�a Milestone Contractors North, Inc. + c :' •': (Principat) l y C �•�" _ k L n •- E By .... Isae71 oC� Dust! i t ini N ye Continental By Form F4591 (Surety) Angela M. Riley, A�t6omey-4 _ 28J7. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Knorr AD 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 "flue 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 aixed hereby make, constitute and appoint Angela M. Riley , Individually Of Carmel, IN their true and lawful Attomey(s)-in-Fact with frill power and authority hereby oWetred to sign, seal and execute for and on their behalf bonds, undestakiogs and outer obligatory instruments of similar nature - In Unlimited Amounts - Sarety Bond No: MNT30198604 Prindpal: 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 made and executed pursuant to and by authority of the By -haws and Resolutions, printed below, duly adopted, as indicated, by the Bc ards of Directors of the insurance companies. In Witness Whereot 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 Jamrary, 2024_ G err Or p tte Continental Casualty C-VW y National Fire Insurance Company of Hartford utaeawE n ,gip American Casualty Company of Rrmdro Pennsylvania SEAL M1 + laxY rt, K • {," rW7 Larry Kasten Vice President State of South Dakota, County of Minnehaha, ss: On this 9ih day of January, 2024, before me personally cam 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 copy, National Fire Insurance Cowry of Hari€ord, an Miaois insurance company, and American Casualty Company ofResding, Pftisylvariia, a Pennsylvania insurance company described in and which executed the above instrument; that be 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 Lice authority, and acknowledges same to be the act and deed of said insurance companies. ,.. My eommissionecpires 1101• SENT x rourx aclmox March 2.2026 M_ Bent Notary Public CERTIFICATE k D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Ha#ord, an Illinois en wane company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein -above set fasrth is shill in fore, and further certify that the By -Laws and Resolutions of the Board of l3metorss of the insurance companies printed below are still pi farce. J,a testimony whereof I have hereunto subscribed my name and affixed the seal of tare said insurance companies this 10th clay of December , 2024 . i v '. t tttsrr cv� continental Casualty Company t �f National Fire Insurance Company of Hartford American Casualty Company of Res"S. Peons* ma /1KY rl. ��L ��d dr _'u.' qOt '� � ia�lfn"' • n J D. Johnson Assistant Secretary Anthorizing By -Laws nod Resolutions v • { a- A7dPT1'13 iC THE BOARD OF DIRECTORS OF EACH OF CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF N " y ,"" IIARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYE VANIA (as defined above, the "CNA Companieel: This Power ofAttaaney 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 pumded that the name of such authorized officer and a description of the documents, agreements or msbumments 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 Attomey is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resohuton to execute power of attorneys on behalf of each ofthe 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 25d 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, "E ectrome Signatures"); Now therefam+e 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 eleetronicAmmahed corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of each of the above CNA Companies byunaaimous 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 > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F6853.6 2a23 P,i,SI Milestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) ) SS: COUNTY OF SAINT JOSEPH ) FIN A L Payment to Follow Jennifer. Timmons being duly sworn states that they are the Project Accountant of Milestone Contractors North, ILL C having contracted with CITY OF SOUTH BEND INDIANA to furnish certain materials and/or labor as follows: ASPHALT/PIPE for a project known as COSB: CLEVELAND AND AMERITECH INTERSECTION IMPROVEMENT (MCLP ]_ob# 239720) 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 one hundred sixteen thousand nine hundred sixteen and 70 / 100 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, LLC Jennifer. Timmons Project Accountant 2otrgY PLe�n ~ JOHN CONWAY * SEAL * Commission Number: NP0746553 Q My commission Expires N�9OF 0210112031 Subscribed and sworn to before me this: 11 th day of December, 2024 Notary Public-: ' John . Conwa My Commission Expires: February 1, 2031 County of Residence: Laporte BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/9/2024 Department Public Name Scott BPW Date 12/17/2024 Phone Extension 9245 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Mickey Low Check the Appropriate Item Type — Required. for 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 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 El MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Cleveland Rd and Ameritech Dr Intersection Improvements 122-049 Local Roads/Bridge 265-06-600-506-43 6008 $1,463,270.49 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