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Home My WebLink AboutChange Order No 1-Project Completion - Bowen Street Drainage Improvements Proj No 116-082A - Walsh & Kelly Inc1316 COUNTY-C. II'y BUILDING 227 W. JETFERSON 1301JUVARD SOUTii BEND. 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 Piiow�' 574/235-92,51 FAX 574/235-9171 RE: Change Order No. I (Final)/Project Completion Affidavit — Bowen Street Drainage Improvements —Project No. 116-082A 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 $4,208.60. The new Contract sum is $53,958.60. In addition, the Project Completion Affidavit for this project was approved in the amount of $53,958.60. 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 Roger Nawrot, Engineering GAILY A. Gn,oi, SUZANNA M. FRITZBER(y ELIZABETI i A. MARADIK JAWS A. MUELLER 'I'l I LRESE J. DORAIJ CITY OF SOUTH BEND, INDIANA DEPARTMENT OF IPUBLIC WORKS 14 PROJECT CHANGE ORDER DATE: 12/12/2017 PROJECT NO: 116-082A PROJECT NAME: Bowen Street Drainage improvements CONTRACT DATE: 9112/20,17 CHANGE ORDER NO: 1 (Anal) SUBJECT OF CHANGE ORDER: PCR #1-Final! Quantities All 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/time revious, change orders Date/time extens�O-by t s change order New completior(date/'Fe C C TRACTO Signature Mustin Hb!y, South Bend Area Manager Printed Name and Title Walsh & Kelly Inc. Company Name 24358 State Road 23 Address South Bend, IN 46614 City, State, Zip $ 49,750.00 $ 0.00 $ 49,750.00 nX increased F] Decreased $ 4,208.60 $ 53,958.60 10/27/2017 0 days 0 days 10/2712017 RIMPTST911119M-14Ms BOARD OF PI LIC 1I1rORKB Approved Date Gary A. Gilot, Prdsident Therese J—.Dordu, Me Pber James A. Mueller, Member 8.46 % 8.46 % CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Bowen Street Drainage Improvements PROJECT NO 116-082A FINAL COST $53,958.60 CONTRACT SIGNED 9/12/2017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Install four drywells on Bowen St. at Erskine Plaza WITNESSETH: The work under the above contract between the City of South Bend andthe undersigned contractor having been completed, the City of South Bend * officials and 9gents are hereby released from all claims and demands whatsoever arising under or by such contract, aqd��h, t the contrac 6r performed the work within the scope of the Specifications and Standards of the City of South Bend ch ere a p e above Contract. Executed t 1 7st day 2017 Walsh & Kelly Inc. of Company Name Signature 24358 State Road 23 Du tin � 11.,7South Bend Area Manager_. Company Address Name South Bend, IN, 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin Hilary and acknowledged his/heroi Ah- QIEQ Q101i. t'Q tionr Affidavit an ALISHA-KRIO EGER the 21st ay, of Wovem�pr 2017 *P & Notary Public, State of Indlani S -AL: r Sr. Joseph County ii My CoTmission Expires Notary Sigaafurb� My't ,�, rei s s I o n EjWff@ F0 5 � 2.0 2 1) 61 5/22 *t"W Alisha Krueger Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed, 1, 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 t South Bend Area Manager of said Corporation; that said release was duly signed for and 61ion uthority efts vernling body, and is within the scope of corporate powers: Y c 7 0 R C-0gio A -A Secreta, y s 6ignature rate veal J. Mi ael Schaurn SEAL/ Printed Name 1Z 'ZI DEPARTMENT OF PUBLIC WORKS APPROVAL woe ...... This project is acceptable for fin pproval and we recommend to the Board of Public Works that it be orZy6affi" to w00% U-% Date: L2 Construction,!78,6r _X) BOA 7 OF PUITRLI C WORKS APPROVAL Date: Gary A. Gild" President * -guAnha'M. Virilibefg, Me m-b6r Elizabeth Member 1� Th6rese J. D(fau, Nimbler James A. Mueller, Member M'. Martin, Clerk Surety 0 * 908.903.3485 202B Hails Mill Road, PO Box 1650 F * 908.903.3656 Whitehouse Station, NJ 088891650 Federal insurance Company Maintenance Bond Bond No.MNT 8245-58-57 Amount$5,395.86 1(now 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, 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, Board of Public Works County -City Building, Room 1316, 227 W. Jefferson Blvd. South Bend, IN 46601 (hereinafter called the Obligee), in the amount of Five Thousand Three Hundred Ninety Five Dollars and 86/lo0 ($5,395.86 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 1 st day of December, 2017. WHEREAS, the said Principal has entered into a contract dated September 12 2017 for: Bowen Street Drainage Improvements - Project No. 116-082A WHEREAS, the said Principal is required to guarantee the Bowen Street Drainage Improvements - Project No. 116-082A installed under said contract, against defects in materials or workmanship, which may develop during the period December 1, 2017 to December 1, 2020 , Farm 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 said guarantee, and shall, on due notice, repair andmake good at its own expense any and all defects in materials or workmanship in the said workwhich may develop during the period December 1, 2017 to December 1, 2020 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 & By Federal Insurance Company By ............. 0% Ate`® INMFe®a Area Pbnager °err a a 6 el %00 Form 15.02-0075M (Rev. 5/0) CHUBB` Power of Attorney Federal Insurance Company I 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 INDEMNITY COMPANY, a Wisconsincorporation, do each hereby constitute and appoint David M. Oliger 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 thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. Surety Bond Number. MNT 8245-58-57 Obligee; City of South Bend, 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 6th day of January, Z017. Dawn M. Chloros, Assistant Secretary STATH OF NEW IERSEY County ofHunterdon Ss. A-&,Al at-,, Stephen M. Haney, Vice President On this 6+s day of January, 2017 before me, a Notary Public of New 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 Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and thatshe Is acquainted with Stephen M. Haney, and knows hfm to be Vice Presidento€said Companles; and that the signature of Stephen M, Haney, subscribed to said Power of Attorneyis in the genulnebandwriting of Stephen M. Haney, and was thereto subscribed by authority of sald Companies and in deponent's presence, Notarial Seal KATIIERINE J, ADELW NOTARY PUBLIC OFNEW JERKY a No.2316E .M>l05 Commlctlon tKowey 16, 2019 yoiaryvahtir 61 c&RTilncATION Resolutions adopted by the Hoards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August30, 2016: 'RESOLVED, that the following authorizations relate to the execution, for and on behalf ofthe Company, of bonds, uodertaldngs, recognlzauces, contracts and otherwrltten commitments of the Company entered into In the ordinary course of business (each a'Written Commitment}: (1) Each of the Chairman, the President and the Vice Presidents of the Company tshereby authorized to execute any Written Commitment for and on behelfoftbe Company, under the seal of the Company or otherwise. (2) Each duly appointed attornoy-in-factoftheCompanyis hereby authorized to execute anyWrItten Commitment for2nd an behal(ofthe Company, under the seal oftheCarripanyorotherwise, to the extentthat such action is authorized by the grant of powers provided for In such person's written appolntmentas such attorney-Inrfact. (3) Each of the Chairman, the President and the Vice Presidents ortheCompanylsherebyauthorized,forandon behalfoftheCompany, toappoint Inwriting any person the attomeyh i. fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise such Written Commitments of the Company as May he spediled In such written appointment which specification maybe by general type or class of Written Commitments or by speetfication of one or mono pardrular Written Commitments (4) Each of the Chairman, the President and the Vice Presidents of ibe Company Is hereby authorized, for and an bebalfof the Company, to delegate In writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Companys seal or otherwise, such Written Commitments of the Company as are speciRed in such written delegation, which specification maybe by general type or class of Written Commitments or byspecification ofoneormore particutarWrittenCommitment& (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 beafrwed by facslmlle on such Written Commitmentor written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to beanexcluslvestatementofthapowersandauthorityofofllcememployeesandotherpersonstoactferandonbehalfofthe Company, and such Resolution shall nothmit or otherwise affect the exercise orally such power orauthority otherwise vaiidlygranted 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 (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect' pq the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of Amerlca 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 Rcensed in Guam, Puerto Rico, and each cif the Provinces of Canada except Prince Edward Island, and (ill)`.)hafo>•cgolngPewerofAttorneyIstrue,correctandInfullforceandeffect, Giveniind myliandapdSealsofsatdCompanies atWhitehouseStation, N1,tilts December 1, 2017. r ✓ C i ee„�an ti- '��wvoa`� Dawn M. Chloro IN THE SVEJ7 t YOUIRISHTO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF HIS 90ND OR NOTIFY US OFANY OTHER MA77M PLEASE CONTAC Telephone ODD) 903. 3493 Fax emall:surety@chubbcom Falco 14 0220B. U GEN CONSENT (rev.12.10) t. r; y`` WAIVER OF LIEN FINAL STATE OF INDIANA ST. JOSEPH COUNTY: WHEREAS, the undersigned Walsh & Kelly, Inc. has been hereto employed by Cit of South Bend Indiana to furnish certain material and labor, to -wit: Asphalt Paving, Concrete & Sewer for the building owned by City of South Bend, Indiana and located on Bowen Street Drainage Improvements South Bend 46614 St. Joseph County, Indiana Project # 116-082A 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 that the consideration moving to the undersigned for executing this WAIVER OF LIEN has been mutually given and accepted as absolute cash payment and not as a conditional `%10W payment or as security for payment, ``�`� ed," 9e4eV'ifnd delivered this 22nd of November, 2017 °• o RA W H LLY, s sl '�F ~ Y r '°•°°• .�stin Hilary, South Bend Area Manager 1ND1 PAP*��. PerYdti*i1p4%eared b re me this 22.d day of November, 2017 Dustin Hilary who being duly sworn on oath, 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 aid Walsh & Kelly, Inc, and at their special instance and request. My Commission Expires 06/07/2023 This instrument prepared by: AET Amy Elizabeth Turpin (Notary Public) AMY I I A iH "RPIN Notary I�ublic, State of Indiana S?�csh�ll Govnty Comm 'rssivn (X{I�f@8 ,fungi 7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM RE, VIEW REQUEST FORM Date 01/20/2018 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 02/13/2018 Phone Extension 5920 Legal F-1 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 El LI Agreement Amendment LJ Contract LJ Proposal LJ Addendum F-1 Professional Services D Resolution R Bid Opening F-1 Bid Award El Req. to Advertise El Title Sheet R Quote Opening ❑ Quote Award F-1 Change Order No. ❑ C/O & PCA No. 1 (final) El PCA El Ease/Encroach. F] Traffic Control: F-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBEIWBE Contractor Requested Project Name, Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Walsh & Kelly, Inc. El Yes E] No El If Yes, Approved by Purchasinq BE 0 WBE El No 0 Yes Name of Company Bowen Street Drainage Improvements I I 6-082A Southside Development Area TIF 430.1050.460.31.02 Project Closeout F-1 Required Contractor's Certification Forms Attached (Non - Collusion. Non -Discrimination. Non -Debarment, E-Verifv. Iran, etc. Amount of N Increase $4,208.60 El Decrease $ Previous, Amount $49,750.00 Current Percent of Change: 8.46% New Amount $53,958.60 Total Percent of Change: 8.46%, Copy Original E E] Roger Nawrot, PE, PLS, Assistant City Engineer F-1 F-1 El El