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Home My WebLink AboutChange Order No 1-Project Completion - 2017 Curb and Sidewalk Division A Proj No 117-008 - Walsh & Kelly Inc1316 COUNTY-CInr BUILDING 227 W. JEFFERSON Bout,EVARD Sou'rui BENI.). INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 13, 2018 Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235.,9251 FAX 574/ 235-9171 RE: Change Order No. I (Final)/Project Completion Affidavit — 2017 Curb and Sidewalk, Division A —Project No. 117-0�08 Dear Mr, Hilary: The Board of Public Works, at its meeting held on February 13, 2018, approved the Final Change Order for this project, for an increase of $2,596.00. The new Contract sum is $111,620. In addition, the Project Completion Affidavit for this project was approved in the amount of $111,620. 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 Kara Boyles, Engineering Terri Swift, Streets GARY A. Ga,oi, SUZANNA M. FRITZBERc, ELIZABETH A. MARADIK JAMEs A. MUELLER TJ IERESE J DORA U CITY OF SOUTH BEND, INDIANA All" DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 12/1,9/2017 PROJECT NO: 117-008 PROJECT NAME: 2017 Curb and Sidewalk Div. A CONTRACT DATE- 5/23/2017 CHANGE ORDER NO: I (Final) SUBJECT OF CHANGE ORDER: PCR #I -Adjustment to final Quantities. All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 109,024,00 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order $ 109,024.00 By this Change Order, the project amount is FX—] increased F] Decreased $ 2,596.00 The new contract sum including this change order $ 111,620.00 Thais Change Order represents a total change of 2.38 % Total change for entire project 2,38 % Original contracted completion date/time Extension of date/time by previous change orders Date/time extension, byAhis change order New completion dateltime C T R OR Co actor Signature LRAJIV, &2L Printed Name and Tftld Walsh & Kelly, Inc. Company Name 24358 SR 23 Address 10/4/2017 0 days 0 days 10/4/2017 RECOMMENDED FOR APPROVAL N, CONST�Je`TION MANAGER _ffil d &T41q P. R no BOARD OF PUBLICY RKS Approved Date: Gary A. Gift, President -Suzan$7,,Fr1tzberg, Member South Bend', IN 46�614 - I City, State, Zip LA 'I "-- Elizabeth A Maradik, Member Therese J. Dora 6',Member James A. Mueller, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME 2017 Curb and Sidewalk Div, A PROJECT NO 117-008 FINAL COST $111,620.00 CONTRACT SIGNED 5/23/2017 MAINTENANCE AGREEMENT ENDS Removal and replacement of concrete sidewalk, concrete curb, ADA compflant concrete curb PROJECT DESCRIPTION -ramps, and concrete approaches. WITNESSETH: The work under the v contract between the City of South Bend and the undersigned contractor having been completed, the City of South)24nd, - s officials d agents are hereby released from all claims and demands whatsoever arising under or officials by such contr el and at the co ractor performed the work.within the scope of the Specifications and Standards of the City I w al 0 of South R d under were a pa of the above Conte this th f J , Exe t ��this av f January .20118 Walsh & Kelly, Inc. Company Name zlj Si atKti "e 24358 SR 23 r Company Address Dustin Hilary, South Bend Area Manager 1� A Priked Name Z South Bend, IN 46614 City, State, Zip WITNESSESS: BNore. mkL .1he undersigned Notary Public in and f6( , te, personally aid ount d appeared stin ary and acknowledged his/her si , , ompletion Affidavit on the L11 KRUEG R I I th � 0 Jani 2018 ,, YI( P& ay Nolay Public„ State of Indian, AA SI-; = EA S1, Joseph CoUntV .)n Expires am sst� June 5, 2022 Notary'Sitfh�ture son p,,r2622 U Alisha Krueger Printed Name County of Residence St. Joseph If theyogrractor is a corporation, the foflowing certificate will be executed. I Lchael Schaium certify that I am Secretary of the Corporation executing this release; that Dustin ftlm- y who signed this release on behalf of the contractor was then Sou th-Bimil Area Mawger of said Corporation; that said release was duly signed for and on M0169fsaid �% 00e ra kuthority f i?- verning body, and is within the scope of corporate powers: 1(rpo 14 lonty Secret. g(y' 'signature' J S ()9dPW4ie Veal'. J. Achael Schaum Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL " .......... This project is, acceptable ') for fi I approval and we recommend to the Board of Public Works that it be &Opinenqp SJ,�010 Date: I . 2 . I Construction ger BOA OF PUBLIC WORKS APPROVAL Da 0 7X 77 A '1111,4 Gary A. Gilcii, President Suza6`11'eVlvl. Fitzbd'rg,- Veo ber Elizabeth A I aradik, Member , Therese J. Dorauy, , Memb'er James A. Mueller, Member M. Martin, Clerk Maintenance Bond That we, Surety O + 908.903,3489 202B Halls Mill Road, PO Box 1650 F + 908.903.3696 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Bond No. M NT 8245-58-13 Amount $11,162.00 know All Men By These Presents, Waish & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinunder called the Surety), as Surety, are held and firmly bound unto City of South Bend, Indiana, Board of Public Works 227 W. Jefferson Blvd. South Bead, IN 46601 Eleven Thousand One Hundred Sixty Two Dollars and (hereinafter called the Obligee), in the amount of om oo ($11,162.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 17th day of January, 2018. WHEREAS, the said Principal has entered into a contract dated May 23 2017 for: 2017 Curb and Sidewalk Div. A, Project No. 117-008 And WHEREAS, the said Principal is required to guarantee the 2017 Curb and Sidewalk Div. A, Project No. 117-008 installed under said contract, against defects in materials or worlananship, which may develop during the period January 17, 2018 to January 17, 2021 Form 15.02.0075FED (Rev. 5117) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the saidguarantee, and shall, on due notice, repair and makegood at its awn expense any and all defects in materials or workmanship in the said work which may develop during the period January 17, 2018 to January 17, 2021 or shall pay over, or make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Walsh & Kelly, I � h6b ri 4 6' 9yln BY Dust ' lary, , South Bend Area I burger gi ' n s � Insurance Company By Form 15-02-0075PED (Rev.5/17) CHU0Be Power of Attorney Federal insurance Company j Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNfTYCOMPANY, a VAsconsincorporation, do each hereby constitute and appoint Terry R. Hurst as their true 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 thoroon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification oralteration ofany Instrument referred to In said bonds or obligations. Surety Bond Number: MNT 8245-58-13 Obligee: City of South Bend, Indiana, Board of Public Works 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 6%h day of January, 2017. Dawn M. Chloros, Assistant Secretary rra STATE OF NEW JERSEY County ofHunterdon 5S. ,&,��--,AA, 4-(_� Stephen M, Haney, Vice President On this 6u day of January, 2017 before me, a Notary Public of Now Jersey, personally came 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 sworn, 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 affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of said Companies; and that shesigned said Power ofAttorney as Assistant Secretary of said Companies by likeauthority, and thatshe Is acquainted with Stephen M, Haney, and knows him to be Vice Presidentof sold Companies; and that the signature of Stephen M. Haney, subscribed to said PowerofAttorney Is In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponents presence. Notarial seal KATHERINE J. ADELAAR TARy NOTARY PUBLIC OF NEW JERSEY No. 23INN PU61dC commission E#ima July 16, 2019 Nwvyrublk CERTIFICATION Resolutions adopted by tho Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 80, 2016: 'RESOLVED, that the following authorizations relate to the execution, for and on behalf ofthe Company,af honds,undertakings, recognlzances, contracts and other written mmmumentsof the Company entered Into In theordanory course ofbusiness(eacha'WrlttenCommitment'): (1) Each or the Chairman, the President and the Vice Presidents of the Compagytshereby authorized to execute any Written commitment for and on behalfof the Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attorney,in-factofthe Company is hereby authorized to execute any Written CommItment(brand on behall'ofthe Company, under the seal oftheCompanyorotherwise, to the extent that such action is authorized by the grautof powers provided for in such person's wrlttenappointmentas such attorney -in -fact. (3) Each of the Chalrmar% the President and the Vice presidents of 1heCompanyishereby euthortzed far and an behalforthecompany, tooppointlnwriting any person the attorney -In - fact of the Company with full power and authority to executq for and on behalf of the Company, under the seal of the Company or otherwtse.such Written Commitments of the Company as may be specified In such written appointment which speciltcatlon may be bygeneral type or class of Wrluen Commitments or by specification of one or mom particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and onbehalfoftheCompany, todelegate lnwdttngtoany otheramcerofthe Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specilled in such written delegation whichspedflcation may be by general Wear dassof Written commitments or byspecification ofoneormore parncularWrlttenCommltmentL (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may bo affixed by facsimile on such Written Commitment or written appointment or delegation, FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement oftho powers and authority ofafficem employees and other persons to act for and on behalf0fthe Company, and such Resolution shall notllmit orotherwiseaffen the exerdse of any such power orauthorlty otherwise valldlyganted or vested.' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies) do hereby certify that 0) the foregoing Resolutions adopted bythe Board of Directors of the Companies are trite, correct and in full force and effeck (it) the Companies are duly licensed and authorized to transact surety business In all SO of the United States of America and the District of Columbia and are authorized by:the U.S. Treasury Department, further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal Is licensed In Guam, Puerto Rico, and"each of the Provinces of Canada except Prince Edward Island; and (tit) theforegoingPowerofAttomeyIstrue,correctandInfullforceandeffect. Givenuii0irirybond an4sealsoftatdCompanies atwhltehouseStation, NJ, this January 17, 2018. f y4). � Fo m f 540.0n55• U G11N CQNS,ENT (rev.1216) Final Waiver of Lien Stale ofindiana, County of St. Joseph SS, John Peisker being duly swomthathe/she is the Vice President of Asphalt Operations (Name of Officer) (Title) of Walsh & Kelly, Inc. having contracted Willi The City of South Bend, Indiana (Contractor) (Owner) toiitrttishcrawttrneteriatsandlorlabor asfollows.. Concrete Curb & Sidewalk and Brick Patching (Description) fnr nprojectkrtown as 2017 Curb & Sidewalk Div. A (Name o0rojeot) located at Various locations throughout the City pf South Bend, Indiana and owned by The CitV of South Bend, Indiana (owner) and does hereby father state on the behalf of the aforementioned subca�ttractor/supplier: (PARTIAL WAZVMR) that there is due from the Coolraotor the sum of Dollars $ ❑ receipt of which is hereby aclmowledged; or ❑ the payment ofwhtch has been promised as the sole consideration for this Affldavlt and Final Waiver ofLlen Which is given solely with respect to said ntnount, and which waiver shall be e0#'ec NO only Upon receipt ofpayment thereof by the undersigned; (FINAL WAIVER) that the finat balama dlae from the contractor is the sum of _ {$5,589.00 ❑ reoe€pt of which is hereby acimowledged; or ® thepaymarat of which has beenpromised as the sole consideration for flats Affidavit and Meal Waiver ofLien which shalt become effeegve only upon receipt of such payment. THIMFORE, the undersigned waives and release., unto the Owner of said premises, any and all liens or claims whatsoever on the above -described property and improvements thereon au account of labor or material or both, fltrttisited b tba undersigned thereto, subject to limitations or eonditions expressed herein, � r d further certified thatno other party has any claim orrlglItto a Pon on accoatnt of any work performed or material #tuui:�B�rO ; 1%uod for saldproject, and wlthlnCo sc afthis Affidavit and WalverofLten. `% & �� 5• :,ice , Walsh & Kelly. Inc. �': o PO/gy n) m `� Authorized Representative) STATEU17ITli�IAN(Firm) . -� ---- � � � o �.... : ' ss; ., SEAL sa' �os1Px cotlNrSr 0 130fore me, the undersigned, a Notary Publi ft anq and aolmowledged the execution of the foregoing Aida(OA IN WITN13SS WUMOF, Ihave hereunto aubscrif January My Cotnmisaion Expires: 'Residing in Marshall June 07, 2023 county, Ilndiana State,personailyappeared John Peisker V&Y Nine and attired Z01,4U13110 Ste igt200 —18 atwe11 th day pf Amy Elizabeth Turpin, Staff Accountant Notary Public Name l_""TRPIN WN'at�aryPublo, �fata or NsrShall County Commission Zjrer 4une 7, 2023 130AIZD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/20/2018 Department Public Works Name Tay Villa Division/Bureau Engineering BPW Date 0�2/13/2018 Phone Extension 5920 ReqL(i,red Prior to Submittal to Board, Legal EJ 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 F H Agreement H Contract LJ Proposal, Addendum El Professional Services F-1 Resolution F-1 Bid Opening F1 Bid Award El Req. to Advertise E] Title Sheet ❑ Quote Opening F-1 Quote Award ❑ Change Order No. E C/O & PCA No. 1 (final) 0 P,CA F-1 Ease/Encroach. F1 Traffic Control: El Other: Required Information Company or Vendor Name Walsh & Kelly, Inc. New Vendor El Yes E] No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor =MBE [:] WB-E--- MBEANBE Contractor Requested [:] No E] Yes Name of om an Project Name 2017 Curb and Sidewalk, Division A Project Number Funding Source MVH Account No. 20Z0619.431.31.06 Amount $ Terms of Contract Purpose/Description Project Closeout F-1 Required Contractor's Certification Forms Attached (Non - Collusion, INon-Discrimination, Non -Debarment, E-Verify, Iran, etc. Amount of E Increase $2,596.00 El Decrease $ Previous Amount $ 109,024.00 Current Percent of Change: Z38% - New Amount $ 111,620.00 Total Percent of Change: 2.38% Dispersal After Approval Copy Original ZI n Kara Boyles z El Marcia Qualls E] n