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Home My WebLink AboutPCA - LaSalle Ave Streetscape Proj No 122-013R - Milestone Contractors North LP1316 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 January 14, 2025 Mr. Dustin P. Hilary Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 dhilary&milestonelp. c om RE: Project Completion Affidavit — LaSalle Avenue Streetscape — Project No. 122-013R Dear Mr. Hilary: At its January 14, 2025 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $6,025,155.26. 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/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou CITY OF SOUTH BEND, INDIANA ig__` BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT _ PROJECT NAME Lasalle Avenue Streetscape PROJECT NO 122-013R FINAL COST $6,025,155.26 CONTRACT SIGNED 5/912023 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Roadway and streetscape work along Lasalle Ave. from MLK Blvd. to Eddy 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 rcleascd 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 ofthe City of South Bend which were a part ofthe above Contract. Executed this 27th day of September 202 4 _ hftlestone Contractors North, Inc. Company Name Siure 24358 State Road 23 Dustin P. Hilary, Director of Estimating, GriffithZouth Bend 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, pet5oga' peered ALIS1iA l(RUEOER Dustin P. Hilary_, and aclmowled Aged his/her signature to the above Pro eai: �im�ssianxes g gnaiur J t` pmn - A n V 2030 the 27th _ ay o : Se ember , 2024 C—A IMA Notar. rgiature My Commission Expires i t CommmsbnNumber MP0653M La Porte Porte CourAy 6/5/2030 Alisha Krueger _ Printed Name County of Residence LaPorte If the Contractor is a corporation, the following certificate will be executed 1, 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 Estimatin , Griffith -South Bend of said Corporation: that said release was duly signed for said `gLtgWH64;o Corporation by Authority of its governing body, and is within the scope of corporate powers: �`d `orti;y �tOts,�4�re Secretary's Signature ,••'", 2 1' Lp v,RPORAT� �. . �tporate�Sca Danielle Payne ti ��A Printed Name �ss - DEPARTMENT OF PUBLIC WORKS APPROVAL 'e b`IVtltp��w�` This project is acceptable for final approval and we recommend to the Board of Public Works that itdtllajl,�. Date: 10/ 14/2024 Cons coon Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Breana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: January 14, 2025 PAO Milestone AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) SS: COUNTY OF SAINT JOSEPH ) FINAL, Payment to Follow Jennifer. Timmons being duly sworn states that they are the Project Accountant of Milestone Contractors North, LLC (F/K/A Inc.) having contracted with CITY OF SOUTH BEND, INDIANA to furnish certain materials and/or labor as follows: ASPHALT -CONCRETE for a project known as LASALLE AVE STREETSCAPE PROJECT (MCLP Job# 239707) located at SOUTH BEND, IN and owned by MILESTONE CONTRACTORS and does further state: FINAL WAIVER: that the final balance due from the owner is the sum of zero and xx / 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 / '} LLC (F/K/A Inc.) Jennifer. Timmons Project Accountant Subscribed and sworn to before me this: 3rd day of October. 2024 Notary Public: j-at—) &4 � 4 Alisha Krue qt My Commission Expires: June 5, 2030 County of Residence: La Porte 4n�¢kf:ST _ - 4 .:•• .... ALISHAKRUEGER l My Commission Expires SEAL June 5, 2030 ,Y_ Commission Number NP0553544 La Porte Count; MAINTENANCE BOND Bond No. MNT30189973 KNOW ALL PERSONS BY THESE PRESENTS, That we Milestone Contractors North, Inc. 24358 State Road 23, South Bend, IN 46614 of , 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 Six Hundred Two Thousand Five Hundred Fifteen Dollars and 53/100 Dollars ($ 602,515.53 ), 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 2023 for Project No. 122-013R; LaSalle Avenue Streetscape 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 Sept -ember 1 3 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 ( 3 ) year(s) from and after . T u T y 8 , 2 0 2 4 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 25th day of September 2024 ®`®o�trac' or��sie per® �c.........,.s24®®� o s m °;' �pRPORgTF ',s Milestone Contractors -North, Inc/ v = / (Pr�crpal) `r f �n i" ram, '• ,' By Du,%irf P.Hilary, Director of Estimating Continental Casualtv Corn .. - FJ ��'__ Forth F4591 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Knorr 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 CNA Cormparues"), 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 Attonney(s)-in-Fact with frill 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 - Sm•ety Bond No: MNT30189973 Principal: Milestone Contractors North, Inc. Obligee: City of South Bend and to bind them thereby as fully and to the same extern 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 -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- �cAsugtTi tuwRgpc LOMrAwa Continental Casualty Company ,gF N National Fire Insurance Company of Hartford CORPOAATe nQ gb , 4°f°w<r�o American Casualty Company of Readm Pennsylvania Z $y y IULY tl. .i. 19R 4 -rob 7 e91 NAaO� Larry Kasten Vice President State of South Dakota, County of Mimnehaha, ss: On this 9th day of January, 2024, 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 hnstuance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed die above instrument; that be knows tine 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. My commission expires M. BENT NOTARY PUBLIC i i SOUTH DANOTA s t + L March 2 2026 1 M. 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 Attomey 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 below are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 25th day of September , 2024. Gwtcr tasoRq cA n cr Continental Casualty Company National Fine lnsmance Company of Hartford z CORP o urP n cNnDrtarra '� American Casualty Company of Reading, Pennsylvania lag-, HAR b D. Johnson Assistant Secretary Authotizing 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 Computes"): This Power ofAttorney 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 Lary Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attomeys on behalf of each of the CNA Companies. This Power of Attorney is signed and sealed by facsimile miler and by the authority of the following Resolution adopted by the Board of Directors of each of the above Companies by unrarumous written consent dated the 25" 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 other ise in an electronic format (collectively, "Electronic Signatures"); 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 signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal wider 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. Font F6853-Br2a23 A AssuredPartners September 25, 2024 Ms. Alisha Krueger Milestone Contractors 24358 State Road 23 South Bend, IN 46614 RE: Type of Bond: Bond Number: Obligee: Description: Bond Amount: Premium Due: Dear Alisha, North, Inc. Maintenance Bond MNT30189973 City of South Bend Project No. 122-013R; $602,515.53 $1,506.00 LaSalle Avenue Streetscape We are pleased to enclose the bond you requested. The bond issued was based upon the information you provided. We suggest you check all the documents enclosed, including the Power of Attorney, signatures, dates, amounts, description, and any other attachments. Please verify that the bond form attached is the form required and be sure to execute the bond with the proper signature and seal. Thank you and please call me should you have any questions. Sincerely, r9�9Q�n Angela . Riley Surety Senior Account Manager, AssuredPartners Angela.RileySa)Assured Partners.com Enclosures AssuredPartners 10 E. Main St., Suite 400 T 317.844.7759 Carmel, IN 46032 assuredpartners.com r�11 4 AssuredPartners Wiring Instructions: Aaount Name: AssureoPadnere of Inalana, LLC Remittance Address: Bank Name: JP Morgan chase New York, NY AssuredPartners of Indiana, LLC 021R01 Routing: W4000010; Wire Routing! Dept 78797 Account#: 919484154; SWIFT code: CHASU33 PO BOX 78000 Email apin.accounlingCassuredpanrrl ea Detroit, MI 48278-0797 prior to payment To make an ONLINE payment, go b: hdpsJ/assureoindlana.epaypolicy,com Milestone Contractors North Inc. Invoice Date 09/25/24 24358 SR 23 Invoice No. 117537 South Bend, IN 46614-2999 Bill -To Code MILESCONT1 Client Code MILESCONT Inv Order No. 2 720 * 156339 Named Insured: Milestone Contractors North, Inc. Amount Remitted: $ Please return this porton w,th your payment Make checks payable to: AssuredPartners of Indiana LLC tttective pate roucy Period coverage Description Transaction Amount 09/25/24 09/25/24 Continental Casualty Company to Policy No. MNT30189973 09/25/27 *New - Surety Contract Bond 1,506.00 igee Name: City of South Bend d Desc: Project No. 122-013R; LaSall nue Streetscape d Amt: $602,515.53 Number: 117537 Amount Due: 1,506.00 lv J ,COL l &KIAI on ARILE Page: 1 INVOICE COPY BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/22/2024 Name Kvle Ludlow Department Public Works BPW Date 01/14/2025 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 Lasalle Avenue Streetscape 122-013R River East TIF Bond PR-00020064 PO-0023705 $6,025,155.26 Purpose/Description _Project 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