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Home My WebLink AboutChange Order No. 3-PCA -- Walsh & Kelly - Hill St. & Colfax Ave On Site Improvements1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 Mr. Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 4 SpUTN B� A. PEACF � i�_I 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 27, 2016 RE: Change Order No. 3 (Final)/Project Completion Affidavit Hill Street & Colfax Avenue On Site Improvements Project No. 113-033 Dear Mr. Hilary: PHONE 5741235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on September 27, 2016, approved the Final Change Order for this project, for a decrease of $5,190.91. The new Contract sum is $182,715.29. In addition, the Project Completion Affidavit for this project was approved in the amount of $182,715.29. 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 Enclosures c: Toy Villa, Engineering GARYA. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA!e SOUTp d DEPARTMENT OF PUBLIC WORKS r�f? PROJECT CHANGE ORDER ass DATE: 8/31 /2016 PROJECT NO: 113-033 PROJECT NAME: Hill St. & Colfax Ave. on Site Improvements CONTRACT DATE: _September 9, 2014 CHANGE ORDER NO: 3 (Final) SUBJECT OF CHANGE ORDER: PCR #2-Quantity Adjustment All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 201,866.20 Net change by previously authorized change orders $-13,960.00 The contract sum prior to this change order $ 187,906.20 By this Change Order, the project amount is Increased XQDecreased $ 5,190.91 The new contract sum including this change order $ 182,715.29 This Change Order represents a total change of -2.76 % Total change for entire project _9.49 % Original contracted completion date/time 4/22/2016 Extension of date/time by previous change orders days Date/time extens' y thi nge order _0 0 days New completi, to/tim 4/22/2016 CO , ,kACTOR RECOMMENDED FOR APPROVAL �7 Gf � f1 Co racto ' ignature r CONST"TION MANAGER �J D in Hi 1 ary Araa Managar CITY OF SOUTH BEND Printed Name and Title BOARD OF PUBLIC W RKS Approved Date:Wals�, .,� lt3fG Comp&y Kelly, Inc. Company Name /�, �, J'�. �/�' �' 24358 State Road 23 Address South Bend, Indiana 46614 City, State, Zip — David PPRelos,Member Therese J. Dorau, a ber Jam A. Mueller, Member s9u3 CITY OF SOUTH BEND, INDIANA %�; BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Hill St. & Colfax Ave, on Site Improvements PROJECT NO 113-033 FINAL COST $182,715.29 CONTRACT SIGNED 9/9/2014 MAINTENANCE AGREEMENT ENDS Clearing, earthwork, grading installation of underground utilities, concrete approach, asphalt PROJECT DESCRIPTION paving concrete curb and sidewalk. WITNESSETH: The work underth2 above ontract between the City of South Bend and the undersigned contractor having been completed, the'Cfiy of S th Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by sue contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City f South Bend which were a part of the above Contract. Execud this kith day of S,eytember 201 6 Walsh & Kelly, Inc. 7 ; -'�� Company Name Sgnature 24358 State Road 23 'Dustin Hilary, Area Manager Company Address Printed Name South Bend, Indiana 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared D,,.at; n Hilary and acknowledged his/her signature to the above Project Completion Affidavit on of 201C,_. Notary Signa fe NotaryPubliaf9Kr9 4nji n Expires May 4, 2018 Paula J Fuchs nai JofR Printed Name MA �flor�idence St Joseph If the Contractor is a corporation, the following certificate will be executed. I, J. Michael Schaum certify that I am Secretary of the Corporation executing this release; that Dustin Hilary who signed this release on behalf of the contractor was th P y 9 `voFf 4f" A of said Corporation; that said release was duly signed for and o Iaf C por�i by Author' f governing body, and is within the scope of corporate powers: �.` g�........•.,4 �3f L,^,RPORATF?2n Secre ry's Signature = Co 11T9tewsealg 2 SEAL : Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL �N�;ANP`��4� This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained s00, 5. Date: Q. t - t t. Constructio - Hager BOARD OF PUBLIC WORKS APPROVAL Date: 6 Gary A. Gilot, President David P. Relos, ember Elizabe 1 A Maradik, Member Therese J. Dorap, Wmber Jame A. Mueller, Member Unda M. Martin, Cleek CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road. PO. Box 1615, Warren, NJ 07061-1615 Ci-Q.!®B phone: (908) 903-3485- Facsimile: (90B) 903 3656 FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No. 8244-62-81 Amount $ 18,271.53 Know All Men By These Presents, That we Walsh & Kelly, Inc. 24358 State Road 23, South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of South Bend, Indiana, Board of Public Works 227 West Jefferson Blvd., South Bend, IN 46601 (hereinafter called the Obliges), in the sum of Eighteen Thousand Two Hundred Seventy One Dollars and 53/100 Dollars ($ 18,271.53 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, exectors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 1 St day of September, 2016 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated September 9, 2014 for Hill St. & Colfax Ave. on Site Improvements, Project No. 113-033 ; and Hill St. & Colfax Ave. on Site Improvements, Project No. WHEREAS, the said Principal is required to guarantee the 113-033 installed under said contract, against defects in materials or workmanship, which may develop during the period of 3 years (over) F.m 15.02-0075 (Rea 1b99) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of 3 years or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obllgee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and in effect. FEDERAL INSURANCE COMPANY Ei is M. Wahlstrom Attorney -in -Fact POWER Federal Insurance Company Attn: Surety Department KI Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin mrporatlon, do each herebyconsfitute and appoint Eric M. Wahlstrom as their We and lawful Attorney- in- Fact to execute under such designation In their names and to affix their Corporate seals to and deliver for and on their behalf as surety thereon or otherwise, the following Surety Bond: Surety Bond Number 8244-62-81 Obligee City of South Bend, Indiana, Board of Public Works And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in Pursuance, of the authority hereby Confemed shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 1St day of Me rch 2013. Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Somerset SS. Richard A. Ciullo, Vice President On this 1st day of March 2013 before me, a Notary Public of New Jersey, personally come Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly mom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affured to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she Is acquainted with Richard A. Ciullo, and knows him to be Vice President of said Companies; and that the signature of Richard A. Ciullo, subscribed to said Power of Attorney is in the genuine handwriting of Richard A. Ciullo, and was thereto subscribed by authority of said By- Laws and in deponents presence. ., Notarial fury' ^;QGv WENDIE WALSH Seal • xmrnr ; - Notary Public, State of New Jersey /G `FwiEasF Expires April 18, 2078 46/t� Public Notary CERTIFICATION Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, elther by the Chairman or the President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretades or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature antl facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'CompaNes') do hereby certify that (i) the foregoing extract of the By. Laws of the Companies is we and correct, (if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States or America and the District of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney Is true, Correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 1 St day of September, 2016 . ORANt;� �gtllMef �?' "`E ,Y F Ii • ,`r/ 1�l 'WDIAMP +rl,�' S4�lW YOef' ' I'• Dawn M. Chloros, Assistant Secretary 114 THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (906) 903- 3656 e-mail: suretyechubb.com Form 15-10-0154B. SurePath (Rev. 0343) CORP CONSENT Final Change Order No. 3 Hill Street and Colfax Avenue On -Site Improvements Project No. 113-033 OWNER: City of South Bend ENGINEER: Abonmarche Consultants, Inc. Daryl Knip, P.E. Professional Engineer No. PE19900163 CONTRACTOR: Walsh & Kelly, Inc. PROJECT: Hill Street & Colfax Avenue On -Site Improvements Project No. 113-033 SUBJECT: Clarifications and Revisions to Contract Documents ISSUE DATE: April 15, 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. Underruns on various base line items. The following sections of the Contract Documents are revised as a result of the above changes: SPECIFICATIONS: XIX. Plans "Deduction in various line items by plan." Sheet 1 of 1 WAIVER OF LIEN FINAL STATE OF INDIANA, ST. JOSEPH COUNTY: WHEREAS, the undersigned Walsh & Kelly, Inc. has been hereto employed by City of South Bend. Indiana to furnish certain material and labor, to -wit: Asphalt, Patching and Concrete for the building owned by City of South Bend, Indiana and located on Hill Street & Colfax Avenue On -Site Improvements South Bend, 46601 St. Joseph County, Indiana Protect # 113-033 _ NOW, THEREFORE, KNOW YE, That the undersigned, for a good and valuable consideration, the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said Corporation, the owner of said premises, any and all lien, right of lien, or claim of whatsoever kind or character on the above described building and real estate, on account of any and all labor or materials, or both, furnished for or incorporated into said building by the undersigned; and we further certify t the consideration moving to the undersigned for executing this W F LIEN has been mutually given and accepted as absolute cas aym t and not as a conditional or part payment or as securitv,for pa ent. Signed, sealed and delivered this 20th / of ember 2016 f WALSH LL rC. Du 6outh Bend Area Manager Personally appeared l4fore me this 20th day of September. 2016 Dustin Hilary who being duly sworn on o13ath, says: That he is the South Bend Area Manager of the Walsh & Ke y, iric. and that he hereby acknowledges the execution tu of the foregoing instrne�t for and on behalf of said Walsh & Kelly, Inc. and at their special instance and;ruest. J I v My Commission Expires 08/29/2024 This instrument prepared by: JIH ody I. nines (Notary Public) JODY I. HAINES pnnnp, °•''•, Notery Public, State 0Indiana �e*i�"•� p : jotter; Elkhart County Commission # 600074 8 ''• rea My COmm1e910n Er ices 29, 2014 A000 WAIVER OF LIEN FINAL STATE OF INDIANA, ST. JOSEPH COUNTY: WHEREAS, the undersigned Walsh & Kelly, Inc. has been hereto employed by City of South Bend. Indiana to furnish certain material and labor, to -wit: Asphalt, Patching and Concrete for the building owned by City of South Bend, Indiana and located on Hill Street & Colfax Avenue On -Site Improvements South Bend, 46601 St. Joseph County, Indiana Proiect # 113-033 NOW, THEREFORE, KNOW YE, That the undersigned, for a good and valuable consideration, the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said Corporation, the owner of said premises, any and all lien, right of lien, or claim of whatsoever kind or character on the above described building and real estate, on account of any and all labor or materials, or both, furnished for or incorporated into said building by the undersigned; and we further certithe consideration moving to the undersigned for executing this W F LIEN has been mutually given and accepted as absolute cash p t and not as a conditional or part payment or as security for paymeI i` Signed, sealed and delivered this 20th da ofember. 2016 j WALSH i a Du 'lary, outh Bend Area Manager Personally appeared before me this 20th day of September, 2016 Dustin Hilary who being duly sworn on ol3ath, says: That he is the South Bend Area Manager of the Walsh & Kelly, Inc. and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Walsh & Kelly, Inc. and at their special instance and r�uest. v My Commission Expires 08/29/2024 This instrument prepared by: JIH jo'dy� I. aines (Notary Public) JODY I, HAINSS aamn., Notary PU IC' State of Indiana E10.1t County s•:�—'•O C0MMl6alon a 490074 dFA ,• My CornmiUgust 9. Explrea a AuguEt29,2014 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date _09/20/16 Name Toy Villa Department Engineering BPW Date 09/27/16 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. 3 Final ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ 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 Amount of required Intormation Walsh & Kelly, Inc. ❑ Yes ®No ❑ If Yes I -I MBE I -I WBE U No ❑ Yes Name of Company Hill St. & Colfax Ave. On Site Improvements 113-033 SBCDA TIF 420.1050.460,42.03 z Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv. Iran. etc. Increase $ Decrease $ 5,190.91 Previous Amount $ 187,906.20 Current Percent of Change: 2.76% New Amount $ 182,715.29 Total Percent of Change: 9.49% Copy Original ® ❑ Jitin ® ❑ Rog ® ❑ Toy fE Change Orders Uispersal After Approval Judy Love