HomeMy WebLinkAboutChange Order No. 1-PCA - Century Center Masonry Restoration Proj No 115-128R1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
SoU Tg B
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1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
August 23, 2016
Mr. Steve Fields
C&S Masonry Restoration, LLC
Suite AB
3725 N. Foundation Ct.
South Bend, IN 46628
PHONE 574/235-9251
FAX 574/235-9171
RE: Change Order No. I (Final)/Project Completion - Century Center Masonry
Restoration -Project No. I I5-128R
Dear Mr. Fields:
The Board of Public Works, at its meeting held on August 23, 2016, approved the Final
Change Order for this project, for an increase of $1,890.00. The new Contract sum is
$248,427.32.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$248,427.32.
Copies of the Change Order and Project Completion Affidavit are enclosed for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk l
Enclosures
c: Toy Villa, Engineering
Beth Leonard, Community Investment
Judy Love, Community Investment
GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
DATE:
PROJECT NO:
PROJECT NAME:
CONTRACT DATE:
CHANGE ORDER NO:
SUBJECT OF CHANGE ORDER:
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
6/3/2016
115-015R
1 (Final)
PCR #1-Quantity Adjustment
All items completed substantially as planned.
See attached Comparison of Estimate for overruns and underruns.
The original contract sum
$ 246,537.32
Net change by previously authorized change orders
$ 0.00
The contract sum prior to this change order
$ 246,537.32
By this Change Order, the project amount is
QX Increased
❑ Decreased $ 1,890.00
The new contract sum including this change order
$ 248,427.32
This Change Order represents a total change of
0.77
Total change for entire project
0.77 %
Original contracted completion date/time
6/28/2016
Extension of date/time by previous change orders
0 days
Date/time extension by this change order
0 days
New completion date/time
6/28/2016
CONTRACTOR
RECOMMENDED FOR APPROVAL
Contractor Signature
CONSTIMCTION MANAGER
5're.4 e. Jx-f_-P- PAes'a �.I�
CITY OF SOUTH BEND
Printed Name and Title
BOARD OF PUBLIC WORKS
Approved Date:�031000/(
C Masonry Restoration LLC
Company Name
-4 TT ,
A 4 / 1
3725 N. Foundation Ct., Suite AB
Address
South Bend, IN 46628
City, State, Zip
Therese J. Dor , M'ember
mes A. Mueller. Member
Of 50'UTNq a
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
ab,
PROJECT NAME
Century Center Masonry Restoration
PROJECT NO
115-015R FINAL COST $248,427.32
CONTRACT SIGNED
10/13/2015 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.
Executed this 3 f day of 201�_. C&S Masonry Restoration LLC
Company Name
Signature 3725 N. Foundation Ct., Suite AB
Company Address
Printed Name South Bend, IN 46628
City, State, Zip
WITNESSESS:
Before mee undersigned Notary Public in and for said country and state, personally appeared
y-he✓P r /�6 5 and acknowledged his/her signature to the above Project Completion Affidavit on
�o / MARSHA L. BROWN
thhe� — day of Lc ( 201-4-2— NOTARY PUBLIC
STATE SEAL
F INDIpA�NA z
Notary Signature o�l�l ♦ s5dfdl 4021 � _�y
14ate ' L Srot,J, s 12
Printed Name County of Residence
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 foF final approval and we recommend to the Board of Public Works that it be ordained so.
e Date: L 14• • t Ce
Construction Hager
BOARD OF PUBLIC WORKS APPROVAL Date:
Gary A. Gilo , President David P. Relos, MemWV Elizabeth A. Maradik, Member
01_ J. Dor� cga M. Martin, Clerk
tuber James A. Mueller, Member (�� � —�
Therese
tfn
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Proiect/ Owner Contractor
Project: )"uay C " � -K FeS,,, A--1 ) Name: CJ S w.�,ojq ✓i.eC,7& :--7•j•✓ L&C.
Address: 12 o S, S7 .SoSe4a s 74-4
Owner: C4� of S"-1''} Q �
Qu_ktii c "JOtiLkS
TO ALL WHOM IT MAY CONCERN:
Address: 37L5- & L"-J,Y7ro• c.-1SK,Et g;
�F6629
Contract Date: /0 / 13 / Z r Sr
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to liens against the above -mentioned project, and any and all other
property owned by or the title to which is in the name of the above -referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and all warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and/or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above -mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist.
The undersigned fur(her hereby acknowledges that the si
IiJcl Jz 1IJvu4+s,..,y rW,. 4,..,.etJ B•✓&
Dollars ($ 12,, `t z t - 3 ] ) constitutes the dntire unpaid balance due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Witness to Signature:
Dated this ?/ day of 7 3 / 20 6
CAS ��,:s.,srti./ Re57otia-7o�� ECG
Cdntrac�tor
By: ,—�X—
Title: e'5.c�z�
City of South Bend Project No. 115-015R
Change Order No. 1 - 08/06/16
OWNER: City of South Bend
ENGINEER: City of South Bend Engineering
Kyle D. Copelin, R.P. A.
Professional Architect No. 11000101
CONTRACTOR: C & S Masonry Restoration LLC
PROJECT: Century Center Masonry Restoration
Project No. 115-015R
SUBJECT: Clarifications and Revisions to Contract Documents
ISSUE DATE: May 14, 2016
This Change Order to the Contract document shall supplement, amend, and shall become a part of, and be
incorporated as an Addendum to the Contract.
The following is a summary and description of the revisions to the Contract by this Change Order:
1. Increase in final project cost.
The following sections of the Contract Documents are revised as a result of the above changes:
SPECIFICATIONS:
XVII. Retainage & Final Payment
B. Additions.:
Quantity Adjustment on project items.
Ver. 3/16/2015 Contractor's Quote For Public Works-7
MERCHAN
BONDING COMPANYn
MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES, IOWA S0306-3498
PHONE: (800) 678-8171 FAX: (51S) 243-3854
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That C & S Masonry Restoration, LLC
3725 N. Foundation Court, Suite AB
as Principal, and the Nk
held and firmly bound unto the City of Sout
1316 County -City Building. 227 W. Jefferson I
of
Bond No. NIN 1203
as Surety are
in the penal sum of
1 wenty-Four 7 housand Light -Hundred Forty -Two Dollars and 73/00 cents ( $24,842.73 )
DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be
made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
Signed and delivered this 12th day of August 2016
WHEREAS, the Principal entered into a certain contract, dated the 8tb day of December
2015 with the City of South Bend, Indiana, Board of Public Works '
to furnish all the material and labor necessary for the construction of
Century Center Masonry Restoration Project No. 115-015R
120 South St. Joseph Street, South Bend, IN 4601
in conformity with certain specifications; and
WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity,
guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a
period of Three (3) Years years from the date of acceptance of the work under said contract; and
WHEREAS, the above work has been completed and accepted and if not accepted will be automatically
accepted upon the filing of this maintenance bond; and
WHEREAS, the_
consideration, has
_ for valuable
indemnifying said
_ as aforesaid;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does
and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said
work, within the period of Three (3) years from the date of acceptance of the work under said contract, by
reason of bad workmanship or poor material used in the construction of said work, and shall keep all
work in continuous good repair during said period, and shall in all other respects, comply with all the
terms and conditions of said contract with respect to maintenance and repair of said work, then this
obligation to be null and void; otherwise to be and remain in full force and virtue in law.
It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications
which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be
obligated only to assure the maintenance of the work in the condition in which it existed at the time the
work was accepted. Any obligation beyond this shall be that of only the Principal.
Approved
a
CON 0304 (2/15)
Merchants National Bonding, Inc.
to join with said Principal in such bond or guarantee,
3uth Bend, Indiana, Board of Public Works
C & S Masonry Restoration, LLC
Principal
By ,P^i" r'tZQe�, li iC� �0.ESide w�
Steve Fields, Vice President
Merchants National Bonding, Inc.
J. evin Hughes, Attorney -in -Fact
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint,
individually,
Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jada M Karst; Katherine
J Ortiz; Marie E Comparet; Melody S Hoerl; Thomas J VanDyck; Tom McGovern
their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings
and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of.
FORTY MILLION ($40,000,000.00) DOLLARS
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the
Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants
National Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this I Ith day of February 2016
•���• •�0 MERCHANTS BONDING COMPANY (MUTUAL)
�.`"•'"S iO '..-, '•., Q\NG CQ.A (
�• MERCHANTS NATIONAL BONDING, INC.
2G03 :.ni •a' 1933 :Q• ��
s �►•, �yj•. Y• B
STATE OF IOWA ",.N�.. *..o.,xt"'a, ••�......
COUNTY OF Dallas ss. President
On this 11th day of February 2016 before me appeared Larry Taylor, to me personally known, who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors.
NO
lENDY W00DY
v Commission Number 784654
My Commission Expires
r June 20 2017
NotaryPub6 , County, Iowa
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of August 2016
„NNry. •w.' • •
Secretary
2CG3 r.�
:y;•.
1933 ; Qr
POA 0014 (6/15)
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 08/15/16
Name Toy Villa Department Engineering
BPW Date 08/23/16 Phone Extension 5920
Required Prior to Submittal to Board
Legal ❑ Attorney Name
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ® C/O & PCA No. 1 Final ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
F Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
MBE/WBE Contractor
Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Required Information
C & S Masonry Restoration, LLC
❑ Yes ® No ❑ If Yes, AK
F1 MBE n WBE
No LJ Yes Name of Com
Century Center Masonry Restoration
ifi
Project Closeout
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Required For Change Orders Only
Amount of ® Increase $ 1,890.00
F- Decrease $
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
®
❑
®
❑
0
7
.32
0.77%
$ 248,427.32
0.77%
Nancy Collins
Toy Villa
Dispersal After Approval