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HomeMy WebLinkAboutChange Order No 1 & PCA - Olive Street Metronet Conduit Proj No 117-021 - C&E Excavating Inc1316 COUN'ry-Crry BuILDING 227 W. JEFFERSON BouLEVARD soui ii BEND. INDIANA 46601-1830 CITY OFSOUTH BEND PETFBUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 21, 2017 Thad Bessinger. C&E Excavating, Inc. 53767 County Road 9 Elkhart, IN 46514 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Change Order No. I (Final)/Project Completion Affidavit - Olive Street Metronet Conduit — Project No. 117-021 Dear Mr. Bessinger: The Board of Public Works, at its meeting held on December 21, 2017, approved the Final Change Order for this project, for an increase of $1,25,5.50. The new Contract sum is $128,650.50. In addition, the Project Completion Affidavit for this project was approved in the amount of $128,650.50. 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. Mat -tin, Clerk Enclosures c: Toy Villa, Engineering GARY A. Gii,oi, SUZANNA M. Rri'ZBERc, EjAZABETi-i A. MARADIK JAMEs A. MUELLER TtIER ESE J . DORAU 00 CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 12/12/2017 PROJECT NO: 117-021 PROJECT NAME: Olive Street Metronet Conduit CONTRACT DATE, 6113/2017 CHANGE ORDER NO: I (Final) SUIBJECT'OF CHANGE ORDER: PCR #I -Final Quantities AIII items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum Net change by previously authorized change orders The contract sum prior to this change order By this Change Order, the project amount is The new contract sum including this change order This Change Order represents a total change of Total change for entire project Original contracted completion date/time Extension of date/firne by previous change orders Dateltime extension by this change order New completion date/time CONTRACTOR Contractor Signature 1 Printed Name an Title C & E Excavating, Inc. Company Name 53767 County Road 9 Address Elkhart, IN 46514 City, State, Zip $ 127,395.00 $ 0,00 $ 127,395.00 FX] increased Decreased $ 1,255.50 $ 128,650.5'0 0.99 % 0.99 % .8/16/2017 0 days 0 days 8/16/2017 RECOMMENDED FOR APPROVAL CONST"-TION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WOR KS Approved Date: Gary A. Gilot, President Suzanna M. Fritzberg, Member Elizabeth A. Maradik, Member A I Therese J. Ddrau,'Member � 4 Jam o A. Mueller, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME -Olive Street Metronot Conduit PROJECT NO 117-021 FINAL COST $128,650.50 CONTRACT SIGNED 6/13/2017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Install conduit and handholes along Olive St for future use by Metroniet 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 day of 201 C & E Excavating, Inc. Company Name Signature 53767 County Road 9 -ua6j, Company Address Printed Name Elkhart, IN 46514 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for :said country and state, personally appeared and acknowledged his/her signature to the above Project Completion Affidavit on V� �Xf, 201 day of -14o-tary Signatw&) My Commission Expires eu CRAe,TOL, KVAAVC-7-, Printed Name County of Residence eU4+Pq2T 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 Co ppration by Authority of its governing body, and is within the scope of corporate powers: Co ecre ry'k, Signatuire Corporate Seal Printed IN14ne DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable r fiqal ap�rovall and we recommend to the Board of Public Works that it be ordained so, INNA =( Date: Construcfior�M )mager Gary A. Gilot, President AVA A - Therese J. borau, Member BOARD OF PUBLIC WORKS APPROVAL Date: ( Suzanna M. Fritzberg, Member -Jame fA. Mueller, Member Elizabeth A. Maradik, Member On M. Martin, Clerk Final. Waiver 'of Lien State ofIndiana, County of C, I I/— V xA �r � /.. i�.�" been dui sworn that�he/she is the C i:`. (Name of ° ffloer) 'Title �� �,- (Contractor) havingcontracted with ("1C) k Be (Owner) to Mmish certain materials and/or labor as follows, r :" - ° °' , ) , e" w (Description) for aproject ]mown as �„� N.� E e" f -rort -l" 'fid,( ,i"t" 1 J 10 _ (Name ofProlect; located at CA itrf .• and owned by ,LID 1 St I Ai , i (own") and does hereby further ther state on the behalf ofthe aforementioned subcontractor/supplier. (PARTIAL WAIVER) that there is due from the Contractor the sung of Dollars receipt of which is hereby aclatowledged, or D the payment of which lies been promised as the sole consideration for this Affidavit and Final Waiver oflLienwhiolt is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due fk m the c ntractor the surd o j receipt of which is hereby aclmowledged; or r:���(� "'� �' aboo the payment of which has been promised as the sole consideration fortltis Affidavit and Final Waiver of Lien which shall become effective only trponreceipt of such payment. THEREFORE, the undersigned walvec and releases unto the Owner of sold promises, any and all hens or claims whatsoever on the above -described property and improvements thereon an account of labor or material or both, furnished b the undersigned thereto, subj cot to limitations or conditions expressed herein, if any; and h Aher certlfled that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said "cot, and within the scope of this Affidavit and Waiver of Lion. {l;irni} "-- Authorized Representative) STATE OF MIANA ) SS. STI JOSEPH COUNTY 13efore e, the undersigned, a Notary Public, In and For said. County and State, personally appeared °t. ne IN WITNESS d the execution of the foregoing Affidavit and Waiver of Lion, � � and acknowledged the exIMIK OF, I have hereunto subscribed my name and affixed my ciao seal on the day a of otamy Publl ature My Commission Expires: ��w'IVVI Itl Residing in 6!,t:KCounty, I fQ I HA `'SEA i V Notar MM Ana Elkhart courtly Commission # 696906 i My Commission Expires i February 20, 2025 AV EMC. Employers Mutual Casualty Company Bond No. S453977 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That C & E Excavating, Inc. of Elkhart IN as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety, are firmly bound unto City Of South Bend (hereinafter called Obligee) in the Penal Sum of Twelve Thousand Eight Hundred Sixty Six Dollars and 00/100 ($ 12 866.00 1 ) 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. Whereas, the said Principal has completed a certain contract, Olive Street Metronet Conduit Pro'ect#1 17-021 in conformity with certain specifications; and submits said contract for acceptance by the Obligee. Whereas, a further condition of said contract is that the said 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 3 years from the date of acceptance of the work under said contract; and Whereas, the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable consideration, has agreed to join with said principal in such bond or guarantee, indemnifying said Obligee, as aforesaid; Now, therefore, the Condition of This Obligation is such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of 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, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Date of Formal Acceptance of Contract: Signed and delivered this 5th Cray of November 17, 2017 December, — __ 201 --- Bond Approved: At ::?�Qyr'oP40Rq f�III��: SEAL C & E Excavating, Inc. House r AL CASUALTY COMPAN Surety / 7231 (03/09) ArEMC. P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: I. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6, EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Tracie House Its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S453977 Principal : C & E Excavating, Inc. Obligee : City Of South Bend and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -In -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof; and (2) to remove any such altorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -In -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney Issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and In all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 10 dAv of Anril- 5)017- Seals P'�OCO p•`•SY r�'iC rr4 4�,,,,rr.,NP 4 f��,•,r i., �,4. �; 4aBtoRArF �+i : Q , 404TOq?f,, p� Y � OQ`�OO4POg4F � y': y= SEAL °4' x a1863 1953IOWA `=�= " t, 4OWNr*O`+, /��,;r�r�r3�,.+• ''�r�r.mi + +••` Olt' / gal. SEAL; N3 SEAL = Wi SEAL p r'h.rr,.+`+` : �F�`rn,,, �q. •:� :,IFS y+r„�+.1P•.: -`rr'*.rOWA`*,•' �'h, A7"H OPK+,J - 4q �IN£S��•�4,+_+�+ �}UTUAt �o� U1'Uq ysG� KAM LOV01IME Oomrnission Number 780769 My Co miir ion EY I s ��OlryES,1U�10, 4-a,iI4 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 �/fGUI� Todd Strother Vice President On this j s(day of A il, 2Q 7 before me a !Votary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Vice President, respectively, of each of the Companies above; that the seals affixed to this Instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2019. UILYJ 2 Notary Pd6lic In and for the State Of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 1A day of April, 2217, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 5th day of ©ecernber 2017 Vice President 7853 (4-17) "For verification of the authenticity of the Power of Attorney you may call (515) 345.2689." BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/29/2017 Department Name Toy Villa Division/Bureau Public Works Engineering BPW Date 12/12/2017 Phone Extension 5920 Legal F-1 Attorney Name-, Controller El 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 n F] Agreement Amendment LI Contract L] Proposal H Addendum El Professional Services r! Resolution E] Bid Opening ❑ Bid Award E] Req. to Advertise ❑ Title Sheet El Quote Opening ❑ Quote Award F-1 Change Order No. C/O & PCA No. 1 (final) R PCA El Ease/Encroach, Traffic Control. F-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBENVBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description C & E Excavating, Inc El Yes ZI No E] If Yes, Approved by Purchasing ❑I MBE [:] WBE El No El Yes Name of Company Olive Street Metronet Conduit 117-021 River West TIF 324.1050.460.42.03 Pr 'ect Closeout LJ Required Contractor's Certification Forms Attached (Non - Collusion, Non-Discriminabon, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase $1,255-50 Decrease $ Previous Amount _$ 127,395,.00 Current Percent of Change: 0.99% New Amount $ 128,650.50 Total Percent of Change: 0,99% Copy Original F-1 El 11 n El n