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HomeMy WebLinkAboutUtility Extension Agreement Acceptance Proj No DP22-018 - Star Liquor1316 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 July 8, 2025 Mr. Pete Burns S&J Real Estate Holdings LLC 140 Green Dr. Avilla, IN 46710 pdburnskburnsdisttributing com RE: Utility Extension Agreement Acceptance Dear Mr. Burns: At its July 8, 2025 meeting, the Board of Public Works approved the above referenced acceptance. Enclosed please find a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/Hillary Horvath Hillary Horvath, Clerk Enclosures 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 PROJECT NO. CONTRACT SIGNED PROJECT DESCRIPTION Star Liquc DP22-018 October 11, 2022 Utility Extension FINAL COST $86,700.00 MAINTENANCE AGREEMENT ENDS N/A 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 ofthe above Contract. Si aa�fi} Printed Name WITNESSES 20th day of June, 2025. THOMAS PATRICK BURNS Notary Public - Seal Allen County - State of Indiana Commission Number NP0664834 My Commission Expires Mar 2, 2031 Burns Distributing Co., Inc. Company Name 140 Green Dr Company Address Avilla, IN 46710 City/State/Zip Before me, the undersi for said country and state, personally appeared Cory tx-o, , - ,,y,. , and acknowledged his/her signature to the above Project Completion Affidavit on the fir, day of Jam,, �, , 20 aS Notary Si afore My Commission Expires 2 v�'v, � til 1 U 3 I �� Printed Name County of Residence e v� 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 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. &A CITY OF BOARD O SOUTH PUBLIC C WORKS Cons tion Manager tu�a 1�ozm Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President BreanaMjicou�,,/Member `�C U f aA✓X&L, Murray L. Miller, Member Attest: Hillary R. Horvath, Clerk Date: July 8. 2025 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT r t 1865 Member Attest BURNS DISTRIBUTING CO.,INC. 140 Green Dr. • Avilla, Indiana 46710 • Telephone (260)897-2340 • Fax: (260)897-2246 UNCONDITIONAL WAIVER AND RELEASE The undersigned has been paid for labor, services, equipment and material furnished to Star Liquors off -site work located at 2240 Prairie Ave, South Bend, IN 46614 and does hereby release any mechanic's lien, stop notice or bond right that the undersigned has on the above referenced job. Dated: June 20th,2025 Contractor: Burns Distributing Co., Inc. By Name: Thomas Burns �\ I GROUP ® NCB surely MAINTENANCE BOND BOND NO, 0848020 KNOW ALL MEN BY THESE PRESENTS; THAT WE, S&J Real Estate Holding LLC Harco National Insurance Company North Carolina Corporation 702 Oberlin Rd„ Raleigh, NC 27605 k„--•,u r,f ■ V O as Principal, and licensed to do business in the State of Indiana and , as Surety, are held and nrmiy Douno unto City of South Bend as Obligee, in the full And Just sum of Eight Thousand, Six Hundred Seventy and 001100 Dollars ( $ 8,670.00 Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents, SIGNED, SEALED AND DATED THIS 13th day of December 20 23 THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the Obligee for Prairie Ave • Off Site Sewer[Water AND WHEREAS, the Obligee requires a guarantee from the Principal against defective workmanship in connection with said Contract. NOW, THEREFORE, If the Principal shall make any repairs or replacements which may become necessary during the period of 1211312023 thru 12/13/2026 because of defective workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise it shall be In full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein, Witness Witness /!/� _ Allissa Nines, AdMin 1-83 S&J Real Estate Holding LLC Kuljit Singh, Member Hale+SNatipKal 1r)eurance Company Attorney -in -Fact POWER OF ATTORNEY Bond # 0848020 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27606 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint MICHAEL D. WILLAMS, JEREMY CRAWFORD Golden Valley, MN their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 .iNS... ., STATE OF NEW JERSEY STATE OF ILLINOIS ; 0 p9oR4 . ,p p�40R41 �9� County of Essex County of Cook = z'' GEAR i SEAL F O 1904 ,: 1804 o :0d'.. ONO��.'aa dyjERs Kenneth Chapman %aS' Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. `'++I I Ill, r, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, •`��,�V:..• A'.•�G "'�, New Jersey the day and year first above written. ;'.'.... <- � Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have herdunto's.et my hand on this day, December 13, 2023 A02712 ear - Irene Martins, Assistant Secretary BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 6/30/2025 Name: Gemma Stanton Department of Public Works — Engineering Division BPW Date: 7/8/2025 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ 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: Utility Extension ❑ Ease./Encroach Information Company or Vendor Name S&J Real Estate Holdings LLC ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MB❑ MBE/WBE Contractor ❑ E Completed E-Verify Form Attached ❑ Nos Project Name 2240 Prairie Project Number DP22-018 Funding Source N/A Account No. PRAP04 N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Water Extension Acceptance for 2240 Prairie For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: