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HomeMy WebLinkAboutPCA - High St. Sidwalk Improvements Proj No 123-012 - Milestone Contractors L.P.1316 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 February 11, 2025 Mr. Lynn Bauer Milestone Contractors, L.P. 24358 State Road 23 South Bend, IN 46614 lbauerkmile stonelp. com RE: Project Completion Affidavit — High St. Sidewalk Improvements — Project No. 123-012 Dear Mr. Bauer: At its February 11, 2025 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $219,810.11. 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 BOARD OF PUBLIC WORKS y PROJECT COMPLETION AFFIDAVIT PROJECT NAME High St Sidewalk Improvements PROJECT NO 123-012 FINAL COST $219,810.11 CONTRACT SIGNED 5/9/2024 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION 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. E;xtted7is, 19th day of November , 2024 Milestone Contractors, L.P. Company Name Signs 24358 SR 23 Lynn J. uer. VP/Area Manager, South Bend Company Address Printed Name South Bend, IN City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Lynn J./ Bauer , and acknowledged his/her signature to the above Project Completion Affidavit on the 19th of lNovegiber , 202 4 ' �"i°� ALISHAKRUEGEF. My Commission Ec Notaryature My Commission Expires 6/5/2030 Juno Alisha Krueger Printed Name County of Residence LaPorte If the Contractor is a corporation, the following certificate will be executed. 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 DEPARTMENT OF PUBLIC WORKS APPROVAL Corporate Seal This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date: 1 /30/2025 Con&lliction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS l�r Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member MI i Joseph R. Molnar, Vice President Breana Micou, Member 4 Attest: Theresa M. Heffner, Clerk Date: February 11, 2025 Final Waiver of Lien State of Indiana, County of St. Joseph SS: Lynn J. Bauer being duly sworn that he/she is the VP/ Area Manager, South Bend (Name of Officer) (Title) of Milestone Contractors, L.P. having contracted with City of South Bend (Contractor) (Owner) to furnish cettain materials and/or labor as follows: Sidewalk Improvements (Description) for a project ]mown as Project No. 123-012, High Street Sidewalk Improvements (Name of Project) located at High Street 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 aclniowledged; or ❑ the payment of which has 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; (FINAL WAIVER) that the final balance due from the contractor is the sum of - ( 45, 594.07 Forty -live thousand five hundred and ninety four 07/100 ❑ receipt of which is hereby acknowledged; or the payment of which has been promised as the sole consideration for this Affidavit 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, furnished 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 furnished to the undersigned f • said ojec d within the scope of this Affidavit and Waiver of Lien. Milestone Contractors L.P. BY ry, A A�_-= (Firm) (Authorized Representative) STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Lynn J. Bauer Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 19th day of November 20& 2024 otary Public Si My Commission Expires: 2/1/2031 John Conway Residing in LaPorte County, Indiana Notary Publ' P� JOHN CONWAY S r Commission Number NP0746553 r� My Commission Expires 9�OFM��! 02/01031 MAINTENANCE BOND Bond No. MNT30222262 KNOW ALL PERSONS BY THESE PRESENTS, That we Milestone Contractors, L.P. 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 Twenty One Thousand Nine Hundred Eighty One Dollars and 01/100 Dollars ($ 21,981.01 ), 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 June 25 2024 , for Project No. 123-01Z High Street Sidewalk 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 ail defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on ,. P p t P m he r Q 2 0 2 4 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 S P p r P m h P r 9, 2024 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 8th day of November 2024 Milestone Contractors. LP y Contractors�40RgOD United. Inc. - Generartn �,,°'c° ^.P n= �i,�?pJ'1!DIAN O�y: 1953 By ust ila , D e stimating, Griffith -South Bend Continental Casualty Com By Form F4591 0 Angela M. Riley , Attorney -in •Fact' -- POWER OF ATTORNEY APPOINTING UVI) MITAL ATTORNEY -IN -FACT Know All Alen Ih, 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 Compames'j, 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 tine and lawfid Attomey(s)-urn-Fact with full power and authority hereby conferred to sign, seal and execute for mud on their behalf bonds. undertakings and other obligatory msuuments of similar nature - In Unlimited Amounts - Surety Bond No: MNT30222262 Principal: Milestone Contractors, L.P. 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 -Laws and Resolutions. pruned below. duly adopted as indicated, by the Boards of Directors of the insurance companies In NVitness RLereof, the CNA Companies have caused these presents to be signed by their Vice President and then- corporate seals to be hereto affixed on this 9th day of January, 2024. Cis 'RSUR ,„ o. Continental Casualty Company r�rY wCr� s`QE rheF .� I"+o National Fire Insurance Company of Hartford yy ooaPoaArF c Vig o ,,rc >ro American Casualty Company of Readui Pennsylvania ♦ n s JUL, ri. V SEAAL tee Larry Kasten lice President State of South Dakota. County of Minuehaha ss: On this 9th day of January. -1024. before me personally came Larry Kasten to me known. who, being by me duly sworn did depose and say: that he resides inthe City of Sioux Falls. State of South Dakota, that he is a Vice President of Continental Casualty Company. arm Illinois insurance company, National Fire Insurance Company of Hartford an Illinois insurance company, and American Casualty Company of Reading. PennsylVaiva a Pennsylvania insurance company described in and which executed the above instrument. that ire 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 lus name thereto pusuatit to like authority. and acknowledges same to be the act and deed of said insurance companies My counmssion expires M. BENT //��''!!�qNOTARY PUBLICa" '4j"aJSOUTH DAKOTA� March 2, 2026 M. Bent Notary Public CERTIFICATE 1 D Johnson. Assistant Secretary of Continental Casualty Company. an Illinois insurance company, National Fue Insurance Company of Hartford. ail Illinois insurance company and American Casualty Company of Reading. Pennsylvania a Pennsylvania insurance company do hereby certify that the Power of Attornev hereon above set forth is still to force, and further certify that the By -Laws and Resolutions of the Board of Duectors of the insuitance companies printed below are still in force, In testunonv whereof I have hereunto subscnbed my name and affixed the seal of the said insurance companies this 8th day of November 2024. CASUglr INSUR4 Continental Casualty Company National Fire Insurance Company of Hartford k COavoaarp Q o �„ca+:rro American Casualty Company of Reading. Permsylvama O ♦ t� y s{ Nlr $1. i J SEAL D. Jollnson Assistant Secretary Authorizing By -Laws and Resolutious 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 resolutiou 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 documments, 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 Semor or Croup Vice President to the Secretary of the Company prior to such execution becoming effective " This Power of Attorney is signed by Lam' 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 Attomey 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 ,n Companies by unamous written consent dated the 25" day of Apni, 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 W1hereas, from tune to time, the signature of the Authorized Officers, in addition to being provided in onginal. hard copy format, tray be provided via facsimile or otherwise in all electronic format (collectively. "Electrome Signatures'). Now therefore be it resolved that the Electronic Signature of any Authorized Officer shall be valid and binding oil the Company " This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electrome-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 unan,mnus written consent dated the 27th day of Apnl. 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 verify bond authenticity, Form F5953.6f2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/30/2025 Name Kvle Ludlow Department Public Works BPW Date 02/11/2025 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 Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information Milestone Contractors. L.P. U Yes U If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos High St. Sidewalk Improvements 123-012 South Side Redevelopment Area TIF PR-00032838 PO-0032149 $219,810.11 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: