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HomeMy WebLinkAboutChange Order No. 2 & PCA - Chet Waggoner Court Proj No 116-005 - HRP Construction1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 14, 2017 Matthew Cain HRP Construction Inc. 5777 Cleveland Road South Bend, IN 46628 RE: Change Order No. 2 (Final)/Project Completion Affidavit Chet Waggoner Court -Project No. 116-005 Dear Mr. Cain: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on February 14, 2017, approved the Final Change Order for this project, for a decrease of $11,579.04. The new Contract sum is $625,856.95. In addition, the Project Completion Affidavit for this project was approved in the amount of $625,856.95. 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 (In. CITY OF SOUTH BEND, INDIANADEPARTMENT OF PUBLIC WORKS;ram}� PROJECT CHANGE ORDER DATE: 12/7/2016 PROJECT NO: 116-005 PROJECT NAME: Chet Waggoner Court CONTRACT DATE: 8/23/2016 CHANGE ORDER NO: 2 (Final) SUBJECT OF CHANGE ORDER: PCR #3-Project Completion All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 619,978.99 Net change by previously authorized change orders $ 17,457.00 The contract sum prior to this change order $ 637,435.99 By this Change Order, the project amount is ❑ Increased ❑X Decreased $ 11,579.04 The new contract sum including this change order $ 625,856.95 This Change Order represents a total change of -1.82 % Total change for entire project 0.95 % Original contracted completion date/time 12/9/2016 Extension of date/time by previous change orders 0 days Date/time extension by this change order 0 days New completion date/time 12/9/2016 XQ T Contractor Signature— Matthew D. Cain, President Printed Name and Title HRP Construction I Company Name 5777 Cleveland Rd Address South Bend, IN 46628 City, State, Zip RECOMMENDED FOR APPROVAL CONSTR ION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC VVORKS Approved Date: -�-4 a0(7 Gary A. Gilot, President SuzamN -a wl. r=n+sberg , C'Ac -bcr o Elizabeth A^Maradik, Member Therese J. Dor u, Member 4 � m-_ Jam/s A. Mueller, Member 5✓; O 0- CITY OF SOUTH BEND, INDIANA �% BOARD OF PUBLIC WORKS ��'g PROJECT COMPLETION AFFIDAVIT ''.h� PROJECT NAME Chet Waggoner Court PROJECT NO 116-005 FINAL COST $625,856.95 CONTRACT SIGNED 8/23/2016 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Installation of a new road with utilities off of Dylan Drive 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. Execute this 3 y Tan 201 7 HRP Construction Inc Company Name Signature 5777 Cleveland Rd Matthew D. Cain, President Company Address Printed Name South Bend, IN 46628 City, State, Zip WITNESSES: Before me, the undersigned Notary Public in and for said county and state, personally appeared Matthew D. Cain and acknowledged his/her signature to the above Project Completion Affidavit on the 13/t/h day of January 201 7 Notary Signaturd My Commission Expires Cindv Ilanheste Printed Name County of Residence 3/6/24 St. Joseph If the Contractor is a corporation, the following certificate will be executed. I, Nancy Knapik certify that I am Secretary of the Corporation executing this release; that Matthew D. Cain who signed this release on behalf of the contractor was then President 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 Corporate Seal Nancy Knapik _ Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable fqr fillal approval and we recommend to the Board of Public Works that it be ordained so. Date: Z , -7 • I l Construction6mger BOARD OF PUBLIC WORKS APPROVAL Date: ��i U Gary A. Gilot, President 3 ,u NN n i, Pe. rze'¢r{ r�tE..eee Elizabeth A Maradik, Member Therese J. Dorau, M ber Jame A. Mueller, Member in a M. Martin, Cler c -i:�110^bc�) MAINTENANCE BOND Bond No. MNT09213120 KNOW ALL MEN BY THESE PRESENTS' That IIRP Construction Inc., P.O. Box 266, South Bend, IN 46624-0266 as Principal, hereinafter call Contractor, and Fidelity and Deposit Company of Maryland Baltimore, MD, as Surety, hereinafter call Surety, are held and firmly bound unto City of South Bend Board of Public Works , as Obligee, hereinafter called Owner, in the penal sum of sus �n _, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated August 23 2016 entered into a contract with Owner for Chet Waggoner Court in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of Three (3) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. The maintenance period is effective beginning 1/13/2017 and ends 1/13/2020. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 24th day of January 2017 as of Principa By (natthew D. Cain. President (Seal) Title Fidel and Deposit Company of Maryland x0 By (Seal) Ni I Bicknell Attorney In Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Debra K. HULL, Jennifer L. KASZNIA, William J. CERNEY, III, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1 103- MN �P i lA by face %3 W. )* At D_ Secretary Vice President Michael McKibben Michael Bond State of Maryland - County of Baltimore On this 14th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my Official Seal the day and year first above written, ,,`i<110gpgi t Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA-F 044-4495 TinaCWaiver of Lien STATE OF INDIANA, as Whereas, the undersigned HRP CONSTRUCTION INC. has been heretofore em- ployed by City of South Bend Board of Public Works to furnish certain material and labor, to -wit: Chet Waggoner Court, Project No. 116-005, St. Joseph County, Indiana for the property owned by City of South Bend and located on Chet Waggoner Court City of South Bend , County of St. Joseph State of Indiana. Now THEREFORE, KNow YE, That the undersigned, for and in consideration of. $ 31 292 85 Dollars, the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said owner of said premises, any and all lien, right of lien or claim of whatsoever land of character on the above described building and real estate, TOANDFOR SAIDAMOUNT, on account of any and all labor material, or both, furnished for or incorporated into said building by the undersigned, up to this date, and they further certify that the consideration moving to the undersigned for executing this FINAL WAIVE OF LIEN has been mutually given and accepted as a part payment to or on account of the said Owner for said building and real estate. Signed, sealed and delivered this 13th day of Signed c r Nancy Knapik 20 17 Personally appeared before me this 13th day of January , 20 17 Nancy Knapik who, being duly sworn on oath, says: That he is Controller of the HRP CONSTRUCTION INC. and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Corporation and at their special instance and request. My Commission Expires This instrument prepared by: Nancy Knapik Vanheste Notary Public Final Change Order No. 2 Chet Waggoner Court Project No. 116-005 OWNER: City of South Bend ENGINEER: Department of Public Works Engineering Division RogerT. Nawrot, P.E. Professional Engineer No. PE60016991 CONTRACTOR: HRP Construction, Inc. PROJECT: Chet Waggoner Court Project No. 116-005 SUBJECT: Clarifications and Revisions to Contract Documents ISSUE DATE: February 7, 2017 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. Did not use the Sprinkler allowance 2. Did not use the Utility allowance 3. Difference of overruns and underruns Sheet 1 of 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/07/17 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 02/14/17 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. 2 Final ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: 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 HRP Construction ❑ Yes ® No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE No ❑ Yes Name of Company Chet Waggoner Court 116-005 RWDA TIF 324.1050.460.31.02 $625,856.95 Project Closeout ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Reauired For Change Orders Only Increase $ Decrease $ 11,579.04 Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Origin ❑ ❑ ❑ ❑ ❑ ❑ -1.82% $ 4343'" 9� WS,`65ko . 0.95%