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HomeMy WebLinkAboutChange Order No. 3 (final)-PCA - Demo of Vacant & Abandoned Houses Phase IX Project No 116-074A - Indiana Earth, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 24, 2017 Mark Osler Indiana Earth, Inc. 10343 McKinley Highway Osceola, IN 46561 PHONE 574/235-9251 FAX 574/235-9171 RE: Change Order No. 3 (Final)/Project Completion Affidavit - Demolition of Vacant and Abandoned Houses, Phase IX - Project No. I I6-074A Dear Mr. Osler: The Board of Public Works, at its meeting held on January 24, 2017, approved the Final Change Order for this project, for an increase of fourteen (14) days. The new Contract completion date is November H, 2016. In addition, the Project Completion Affidavit for this project was approved in the amount of $168,650. 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 GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU "Uu ft' CITY OF SOUTH BEND, INDIANA o4°y DEPARTMENT OF PUBLIC WORKS.-:;z PROJECT CHANGE ORDER ,d DATE: 12/13/2016 PROJECT NO: 116-074A PROJECT NAME: Demolition of Vacant and Abandoned Houses, Phase IX CONTRACT DATE: 8/18/2016 CHANGE ORDER NO: 3 (Final) SUBJECT OF CHANGE ORDER: PCR #5-Time Extension All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 181,800.00 Net change by previously authorized change orders $-13,150.00 The contract sum prior to this change order $ 168,650.00 By this Change Order, the project amount is Increased The new contract sum including this change order This Change Order represents a total change of Total change for entire project vngmai contractea completion date/time Extension of date/time by previous change orders Date/time extension by this change order New completion date/time CONTRAC][OR Contractor Signa ure K4-&% b(; 19 a I E i<r-Si Dt 1.i T Printed Name and'Title Indiana Earth, Inc. Company Name 10343 McKinley Hwy Address Osceola, In. 46561 City, State, Zip Decreased $ 0.00 $ 168,650.00 0.00 % -7.23 % 14 days 11/11/2016 RECOMMENDED FOR APPROVAL CONST :TION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: 4 1 Z-)y L' i Gary A. Gilot, President ueller, Member PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT Demolition of 11 Houses 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 ( by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the Cit, of South Bend which were a part of the above Contract. Execu � o 201 19 Indiana Earth, Inc. �32 Company Name Si nature 10343 McKinley Hwy t6*m �SLGIi_. ��:rr 10Ef�11' Company Address Printed Name Osnenla In 4eSs1 WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appea Ph!4i aI- G. , and acknowledged his/her signature to the above Project Completion the Y day of 201 CD lotary Signa ure My Commission Expires air I ice. ?)�kc S�2i Printed Name County of Residence `sellSSIOpF IN on ' N: SEAL If the Contractor is a corporation, the following certificate will be executed. I, M4{C K c'�,SL.ee7 , certify that I am Secretary of the Corporation executing this release; that M,4k.K,o�- L4" 7Z who signed this release on behalf of the contractor was then /PcW l— of said Corporation; that said release was duly signed for and on behalf of said Corpo ®thori it 6v rningg bo�ithin the scope of corporate powers: Secretary's Signature Corporate Seal 06A A-Q L- e,s I.r'-� 5>57L, Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable ������ppppppr net approval and we recommend to the Board of Public Works that it be ordained so. �— Date: l 1 • I & • t (. Constructio -M Hager BOA D OF PUBLIC WORKS APPROVAL Date: I / `i/� l 7 4 �/Z ,/ uk Gary A. Gilot, President s Z, -, G or, Faa+coscq , .ce ee c Ebeth A Maradik, Member Therese J. Dorau, ember Jan s A. Mueller, Member in a M. Martin, Clerk BOND MAINTENANCE North American Specialty Insurance Company 2217271 KNOWALL MEN BY THESE PRESENTS; That we, Indiana Earth Inc. of Osceola Indiana, (hereinafter called the "Principal'), as Principal, and North American Specialty Insurance Company, of Manchester New Hampshire, as Surety, a New Hampshire corporation duly licensed to transact business in the State of Indiana, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto CCU of South Bend Board of Public Works (hereinafter called the "Obligee"), in the sum of Twenty -Five Thousand Eight Hundred Forty -Three and 29/100 Dollars ($ 25 843.29), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 13th date of December A.D. Two Thousand and Sixteen. WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated Auqust 23, 2016 for Demolition of Vacant and Abandoned Houses Phase IX Divisions A & C. WHEREAS, the said Principal is required to guarantee the emote lots backfilled in compacted lifts for settlement and grass growth installed under said contract, against defects in materials or workmanship which may develop during the period beginning on the 18th day of November 2016, and ending on the 18th day of November, 2019. In no event shall losses paid under this bond aggregate more than the amount of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that said 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 specified above or shall pay over, make good and reimburse to the said obligee all losses sustained 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 effect. Indiana By: I rance Company BND 251S REV (05/95) Thomas O. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: THOMAS 0. CHAMRPRS Trlrlil Qou,t a ana MmbtKLY S. RASCH JOINTLY OR SEVERALLY Its true and lawful Attorney(,) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings Obligatory in the nature of a bond on behalf of each of said Companies, as surely, on contracts of suretyship as we or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50.000.000.061 not T AD c This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" Pvam1111 ry,,/y r \JVv 0...Pf Ip4S, aumw �' 6Q�'PPnki�G $ ((,SEA ySEAL lA B -1973 anSmvenP. Avdaaon,Sep,orwtt Premtlent of Wasbingtoo lvtermtional Insurance Company .a�&Senior Vice Praident allorth American Specialty Insurance Company LMink Michael A. IB%'V1--/y --} gt aalmura—[ompevy & Senior Vim Pre idert of North American Specialty nosunvce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14th day of April 2016. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 14th day of April , 2016 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President al Insurance North American Specialty In Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney In officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M 10?NNY NOTARY PUBl1C, STATE OF MAN " MY COMMISSION EI�IRES 12/OtR017 M. Kenny, Notary Public I, Jeffrev Goldbere - the duly elected _Assistant Secretary International Insurance Company, do hereby certify that the of North American Specialty Insurance Company and Washington American Specialty Insurance Company and Washington Intabove and foregoing is a true and correct copy of a Power of Attorney given by said North above Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1Sth day of December , 2016 Jeffrey Goldberg, Vice President&Msis tsmtmyo£ Washington Intemational Insurance, Company & NoM Amenran Sp innitylomsance Company STATE OF WISCONSIN COUNTY OF Racine ON THIS 13th day of December 2016 before me, a notary public, within and for said County and State, personally appeared _ Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the North American Specialty Insurance Company , a corporation of New Hampshire , created, organized and existing under and by virtue of the laws of the State of New Hampshire ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. d_f ? o +Jacieeldon Notary Pub RdcQt�lltlCounty, Wisconsin My ComAssit ff t�13/2019 coShF�O�ri� o� O� ��61iB6l��SOON5IN _.r= CONSENT OF SURETY TO FINAL PAYMENT OWNER _ G707 ARCHITECT — CONTRACTOR (Instructions on reverse side) — SURETY — OTHER Bond No. 2217271 — TO (OWNER) (Name and address) ARCHITECT'S PROJECT NO: City of South Bend, Board of Public Works 227 West Jefferson Boulevard Contract Date: 8/23/2016 South Bend, IN 46601 PROJECT: (Name and address) Demolition of Vacant and Abandoned Houses, Phase IX, Divisions A & C CONTRACT AMOUNT: $258,432.94 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety ) North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 on bond of (here insert name and address of Contractor) Indiana Earth, Inc. 10343 Mckinley Highway Osceola, IN 46561 hereby approves of the final payment to the Contractor, any of its obligations to (here insert name and address of Owner) City of South Bend, Board of Public Works 227 West Jefferson Boulevard South Bend, IN 46601 as set forth in the said Surety Company's bond. SURETY, CONTRACTOR, AIA DOCUMENT and agrees that final payment to the Contractor shall not relieve the Surety Company of OWNER, IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 13th day of December � 2016 in venting the month following by the numeric date and year) (Insert North American Specialty Insurance Company j Surety Co, r�r parry Signatur Title e of Authorize l-RepresentatNB Thomas O. Chambers Attorney -in -Fact AIA DOCUMENT G7117 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® One Page © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW INSTRUCTION SHEET FOR AIA DOCUMENT G707, CONSENT OF SURETY TO FINAL PAYMENT A. GENERAL INFORMATION 1. Purpose This document is intended for use as a companion to AIA Document G706, Contractor's Affidavit of Payment to Debts and Claims, on construction projects where the Contractor is required to furnish a bond by obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. 2. Related Documents This document may be used with most of the AIA's Owner -Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above, this is a companion document to AIA Document G706. 3. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents List to determine the current edition of each document. 4. Limited License for Reproduction AIA Document G707 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The G707 document is intended to be used as a consumable -that is, the original document purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce G707. A cautionary notice is printed in red on the original of this document. This notice distinguishes an original AIA document from copies or counterfeits. To ensure accuracy and uniformity of language, purchasers should use only an original AIA document or one that has been reproduced from an original under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed G707, but only for use in connection with a particular project. Further reproductions are prohibited without the express permission of the AIA. B. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made, without revision to the substance of the document. C. COMPLETING G707 FORM GENERAL : The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor, and Project. ARCHITECT'S PROJECT NO.: This information is typically supplied by the Architect and entered on the form by the Contractor. CONTRACT FOR: This refers to the scope of the contract, such as "General Contractor" or "Mechanical Work". D. EXECUTION OF THE DOCUMENT The G707 for requires both the Surety's seal and the signature of the Surety's authorized representative. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH JOINTLY OR SEVERAI.r V Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50.000.000.00) DOI T.ARs This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9ih of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each o hereby is authorized to attest to the execution of any such Power of Attorney any of them ey and to attach therein the seal of the Company; and h is o FARTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 0gmnl°nqo ��,! wry",yr�/i/, n� 6QpPpR�T SEAL S By $ Steven P.gndervon, senior Vme Pr —a .torWiahing_. lnmrnaaomlrnauranre Campany 2i "YL �niOq` &Senior Vice PrWdeot o(NorM Ammlcan SpecWylnawance Company O) n O111IIRIN tP ` "'M41P jEO Michael A. IBmse-'Dior ,t"—rm,deof of av n--'�hooa—fTosora.'�ComPenY nnw & senior Vire Pmident ONorth American Spedalty IDsumnce Co.,, IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14th .day of April 2016. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 14th day of April , 2016 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American surance Specialty In Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power AttorneyIn officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M I�NNY NOTARYMIItC, STATE OFIWNIXS M. Kenny, Notary Public , MMISSON EXPIRES 121t10/L017 I, Ieffrey Goldbere the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18th day of December , 2016 Jeffrey Goldberg, Viw President & Auiamnt Seve o, of Washington lntemauond lnsm Company&North Amen= Specialty IPmrmce Company STATE OF WISCONSIN COUNTY OF Racine ON THIS 13th day of December 2016 before me, a notary public, within and for said County and State, personally appeared _ Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the North American Specialty Insurance Company , a corporation of New Hampshire created, organized and existing under and by virtue of the laws of the State of New Hampshire ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Jacl a Sheldon Notary Public County, Wisconsin My Commii_'o�pF�tp9gh4 13/2019 `C)k�,ri/ 77. N��GO/V WAIVER OF LIEN 1. The undersigned labors, mechanics, materialmen, suppliers, contractors and/or subcontractors ("Undersigned") entered into an agreement ("Agreement") with the City of South Bend ("General Contractor") to furnish labor, services, materials, and/or specially fabricated materials, etc., for the construction, improvement or repair of House Demolitions Proiect 116 — 704A Phase 9 ("The Project") located in the City of South Bend County of St Joseph , State of Indiana 2. Inconsideration of $ 40,685.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Undersigned hereby waives and releases to the extent of such payment and in accordance with the terns contained in paragraph 3 below any mechanic's or materialman's lien or personal liability claims, public works claims and claims against any payment or performance bonds, or claim or right of such lien on the above -described premises and on improvements now or hereafter located thereon and which now exist or might otherwise arise because of labor, services. Or materials famished or to be famished by the Undersigned pursuant to the Agreement, 3. This lien waiver is a partial or final waiver and release of lien as provided below: (Check One) Partial release and waiver of lien X Full release and waiver of lien If this waiver of lien represents a partial waiver or release of lien, the amount of the unpaid balance due is 4. The Undersigned certifies that the materials and/or work covered by this application have been famished in accordance with the contract documents, that all amounts have been paid by him for materials and/or work for which previous monies were paid, and the current payment shown herein is now due. 5. 1 have executed this waiver voluntarily and with full knowledge of my rights under the laws of the State of Indiana The Undersigned is fully authorized to execute this document on behalf of the business so named. Given this 6th day of December , 2016 ..... .tie .Z Y 0. SEAL��a�a, �'Pi '��OSEPH G"; •' ��? 16 - STP������ STATE OF: Indiana COUNTY OF: St. Joseph 0 (Authorized Signature) Mark Osler. President ' (Name & Title of Authorized Signer) Signed and sworn to before me by Mark Osler this 6th day of December 2016. (NOTARYSEAL) My Commission Expires: 08/18/2024 County of Residence: St. Joseph Signature: A�12J4�L Printed: Melissa Blair Oiler (Notary Public) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1 Name Toy Villa . BPW Date lamPF& I Department Phone Extension Engineering 5920 I 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. E(C/O & PCA No. 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 Indiana Earth, Inc. ❑ Yes ®No If Yes, Approved by Purchasing ❑ MBE F WBE ❑ No ❑ Yes Name of Company Demolition of Vacant & Abandoned Houses — Phase IX 11 EDIT 408.1201.415.39.89 $ 168,650.00 Project Closeout — Time Extension ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verif ,Iran, etc. Required For Change Orders Only Amount of ❑ Increase $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Elizabeth Maradik, Beth Leonard, Judy Love ® ❑ Kevin Fink ® ❑ Toy Villa