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HomeMy WebLinkAboutChange Order & PCA - Fellows Streetscape Broadway to Ewing Proj No 116-041B - Walsh & Kelly Inc1316 COUNTY-Crry BuiLDING 227 W, JF.FFTIZS0N BOULEVARD Sourui BEND. INDIANA 46601-1830 CITY OF Souni BEND PETE BurnGIEG, MAYOR BOARD OF PUBLIC WORKS February 27, 2018 Nick Relias Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Change Order No. 2 (Final)/1-1roject Completion Affidavit — Follows Streetscape: Broadway St. to Ewing Ave. — Project No. 116-041 B, Dear Mr. Relias: The Board of Public Works, at its meeting held on February 27, 2018, approved the Final Change Order for this project, for a decrease of $1.2,687. The new Contract sum is $458,503. In addition, the Project Completion Affidavit for this project was approved in the amount of $458,503. 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) 23,5- 9251. Sincerely, A k, /k � A - Linda M. Marfie0e TJ Enclosures 0: Toy Villa, Engineering GARY A. GILD SUZANNA M. FRITZBERG ELIZABE,r[i A, MARADIK JAMEs A. MUELLER T1 IERESE J. DORAU CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER U6 -a MAUI Of DATE: 2/6/2018 PROJECT NO: 116-041 B PROJECT NAME: Fellows Streetscape CONTRACT DATE: 6/27/2017 CHANGE ORDER NO: 2 (Final) SUBJECT OF CHANGE ORDER: PCR #2-Final Quantities All items completed substantiallly as plannedl. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 466,190.00 Net change by previously authorized change orders $ 5,000.00 The contract sum prior to this change order $ 471,190.100 By this Chainge 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 by previous change orders Date/time extension by this change order New completion date/time CONTRACTOR Contnictor Signature Nick Relias, Project Manage Printed Name and Title Walsh & Kelly Company Name 24358 State Road 23 Address South Bend, IN 46614 City, State, Zip n increased Decreased $ 12,687.001 $ 458,503.00 -2.69 % -1,65 % 11/15/2017 0 days 0 days 11/15/2017 RECOMMENDED FOR APPROVAL CONSTRUE' MANAGER CITY OF SOUTH BEND BOARD OF" PUB( L C W,:WORKI Approved Date: M Gary A. Gilof, President -8uzafina-M. Pritzb6rg4Me-r6bef'r ,b ULL-.- Elizabeth A. Maradik, Member Therese J. Dorau, Member James A. Mueller, Member CITY OF SOUTH BEND, INDIANA BOARD OF IPUBLIIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME -Fellows Streetscape PROJECT NO 116-041 B FINAL COST $458,503.00 CONTRACT SIGNED 6/27/2017 MAINTENANCE AGREEMENT ENDS PROJECT IDESCRIPTION Install now curb, sidewalk, sod, and trees along Fellows St. WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bond,, it als and age are hereby released from all claims and demands whatsoever arising under or 0 ,t, a by such contract, n at th contractor erformed the work within the scope of the Specifications and Standards of the City e � of South Bend w i were part of th bove Contract. 9th Executed thl:qt - it of Walsh & Kelly 2� !T Company Name Sign u7r 24358 State Road 23 Ytin Hilar-y Company Address Wred Name South Bend, IN 46614 City, State, Zip WITNES,SESS: Before me:, the undersigned Notary Public in and for said country and state, personally appeared 11istin Mary and acknowledged his/her signature to the above Project Completion Affidavit on the f19th ll"Jai of January, .201 8 Notary Si na ALj IWA—k-RGtGER Commlss6on Expires 6/5/22 Alisha N,IarY Public, State Printed Name Fxp4eS of Residence St. Joseph If the Contractor is be executed, J. Michael S certify that I am Secretary of the Corporation executing this release; that Dustin Hiljry who signed this release on behalf of the contractor was th, South Bend Area-Mmap-er of said Corporation; that said release was duly signed for and op'0MI)19 !,141'a'o Corporation b AuP��&i Of its d r I g body, and is within the scope of corporate powers; IN , c) Secretary's Si store J. Michael SchaLun tCfl orporate Seal J. Michaey/Schaum Printed Name "Oe DEPARTMENT OF PUBLIC WORKS APPROVAL INM P" This project is acceptable fbr fi I approval and we recommend to the Board of Public Works that it be ordaind449q t 4110%� Date: Construction tiger BOARD40 PUBLICq/WORKS APPROV L Date: Gary A. Gil(Yt, President ,Sdz a . Fritlberg- M6-M6er Elizabeth A. Maradik, Member ---1`$dza I(MINW., 1h I James A. Mueller, Member Li % nda � , Martin, Clerk I Therese J. Dorau, Member 21MA Maintenance Bond That we, Surety 0 + 908.903.3485 202B Halls Mill Road, P0 Box 1650 F + 908.903.3656 Whitehouse Station, cif 08889.1650 Federal Insurance Company BondNo.MNT 8245-58-31 Amount$45,850.30 I(now All Men By These Presents, 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 Board of Public Works, City of South Bend, Indiana 227 W. Jefferson Blvd. South Bend, IN 46601 (hereinafter called the Obligee), in the amount of Forty Five Thousand Eight Hundred Fifty Dollars and 301100 ($45,850.30 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 2nd day of February, 2018. WHEREAS, the said Principal has entered into a contract dated for: Fellows Streetscape, Phase II, Project No. 116-041 B. And WHEREAS, the said Principal is required to guarantee the Fellows Streetscape, Phase 11, Project No. 116-041 B installed under said contract, against defects in materials or workmanship, which may develop during the period February 2, 2018 to February 2, 2021 , Form 0-02-0075FED (Rev. $117) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the saidguarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or worlananslilp in the said work which may develop during the period February 2, 2018 to February 2, 2021 or shall pay over, or make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Walsh & Kelly, Inc. 0 Insurance Company M I ND Area Mana ger rorift 15-01007$FED (Rev. $117) Power of Attorney Federal Insurance Company 1 Vigilant Insurance Company j Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITYCOMPANY,a Wisconsin corporation, do each hereby constitute and appoint Terry R. Hurst as theirtrue and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver forand on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed In the course of buslaess, 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 8245-58-31 Obligee: Board of Public Works, City of Soulh Bend, Indiana In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presentsand affixed their corporate seals on this 6thdayof January, 2017. ZW,jI,)M` . &QgIA-� Dawn M. Chloros, Assistant Secretary STATE OF HEW JERSEY County ofHunterdon SS. Stephen M. Haney, Vice President * (0 (a On this 6la 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 duty 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 seats 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 him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Powerof Attorney is In the genuine handwriting o€Stephen M, Haney, and was thereto subscribed by authority of said Companies and In deponents presence. Notarial seal 4 KATHFR1NF J. ADEWIR TAR NOTARY PUBLIC OFNE'W JEFAV �.� No. 234BBB6 PUBLtC Cpmmicsfor,ExplrasAsy16.2019 "" wvyiabW CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: 'RESOLVED, that the following authorizations relate to the execution, for and on behalf *(the Company, of bonds, undertakings, recogntzances, contracts and otherwrltten commitments of the Company entered into In the ordinary course of business (each a "Written CommltmenC)t (1) Bach of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and onbehalfofthe Company, underthe seal of the Company or otherwise. (2)Each dulyappointedattorneydndactoftheCompanyfshereby authorized toexeeuteanyWritten Commitmentforandonbehaifofthe Company, undertheseal oftheCompanyorotherwhe, to the extentthatsuch action is authorized bythegrantof powersprovided for In such persotes written appointment as such attorney-In•fatL (3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney -in - fact of the Company with full power and authority to execute for and on behalf of the company, under the seat of the Company or otherwise, such Written Commitments of tho Company as may be specified In such written appolntmen6 which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and onbehalfofthe Company, todelegate Inwriting toany other officer ofthe Company the authority to execute, (brand on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation, which specification may be by general typeor classof Written Commitments or byspecification ofoneormore pardcularWrlttenCommitments. (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, maybe affixed by facsimile an such Written Commitmentorwrltten appointmentordelegatton. FURTIIERRBSOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authorityofoRicer%employeesandotherpersonstoactforandonbehalrofthe Company, and such Resolution shall notllmit or otherwise affect the exercise ofany such powerorauthority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that a) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correctand in full force and effect ai) the Companies are duly licensed and authorized to transact surety business In all 50 or 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 th. 0 V S. Virgin islands, and Federal Is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and all) the foregoing Power of Attorney is true, correct and In full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this um f1 Form t5 10,02268.1.1 GEN CONSENT (rev.12-18) Final Waiver of Lien state of Mang, county of St. Joseph SS: John Peisker being duly swam 9W he/she Is the Vice President of Asphalt Operations (Name of Officer) (Titlo) Of _ Walsh & Kelly, Inc. hoving contracted with The City of South Bend, Indiana (Contractor) (Owner) to fitrnlsh certain materials "or labor as follows: Concrete Work and Landscaping moscripfton) for a projeet known as Fellows Streetsca e, Phase 2: Project No. 116-041 B (Name ofProjaot) located at Broadway Street to Ewing Avenue, South Bend, IN 46601 and owned by City of South Bend, Indiana ��tittat1�F�. (Owner) ��o & ,4, and does herbcb y fiu•thor state on the bohaifofthe aforementioned subcontmotor/supptier. :., (PARTIAL WAIVER) that thero is due from the Contractor the sum of • Dollars J� ;= _ �'` • ❑ receipt of which Is hereby acknowledged; or o'�i°fr +N©, tANk 100% ❑ the payment of which has been promised as the solo consideration for this Affidavit and Finn] Waiver of Lien -which is given solely with respect to said amount, and which waiver shall be effedivo only upon reaoipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor Is the stun of Twenty Im.3housand Nine Hundred Fifteen and 151100 $22 925.1 © receipt ofwhieh is hereby aolmowiedged; or j� thepaymeW of which has been promised as the solo consideration for ible Affidavit and final Waiver of Liao which shall become affective onlyupouraceipt o£suoh payment, 77IBRSPORE, the underdgnod waives sand releases unto the owner ofseid promises, any and all lions or claims whatsoever on the above-doscrlbod property and improvemetms thereon as account of tabor ormatedal or both, famished b the undersigned thereto, subject to limitattons or conditions expressed herein, if any; and fhrthcr certified that no other party has any olalnt orrlght to a Ron on account of any work performed or material fiunished to the undersigned for said project, and wltbin scope of this Affidavit and Waiver ofLim i- % / // I Walsh & Kelly, Inc. 33Y (Finn) (Authorized Representative) SWATS OF WDIANA ) ) SS: ST. 30811PH COUNTY ) Before me, tho undersigned, a Notary Public, In and for sold county and State, personally a arcd John Peisker and aoknowlWSed the executions of the foregoing Affidavit and Waiver of Lien. IN WIMSS WHBREOF, Ihavo hereunto subscribed my name and affixed my official on the 19th day of January 200 18 otary Public Signeturo My CommissionExpir": June 07, 2023 Residing in Indiana county, Marshall my Elizabeth Turpin, Staff Accountant Notary Pubflo Name Q RPIN rnNota Pub'Ic, 51ate of ind!ana !riarsha!I County Commissionxpiras June 7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW RE, QUEST FORM Date 02/08/2018 Department Public Works Name Toy Villa , :1� Division/Bureau Engineering BPW Date 02/27/2018 Phone Extension 5920 F_ 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 n Agreement El Contract LJ Proposal LJ Addendum n Professional Services F-1 Resolution F] Bid Opening R Bid Award E] Req. to Advertise ❑ Title Sheet n Quote Opening El Quote Award E] Change Order No. N C/O & PCA No. 2 Final) n PCA n Ease/Encroach. Traffic Control: F-1 Other: Comipany or Vendor Name New Vendor MBE/' VBE Contractor MBEANBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Walsh & Kelly, Inc. 0 Yes Z No E] If Yes, Approved by Purchast [:] MBE n WBE F-1 No n Yes Name of Company Fellow Streetscape: Broadway Street to Ewing Avenue i 116-041 B (15,1008) MrIVI-Y _ AM 324.11050.460.42,03 Terms of Contract Purpose/Description Project Closeout F-1 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Amount of �F-1 increase $ M Decrease $ 12,687.00 Previous Amount $ 471,190.00 Current Percent of Change: (2,69%) New Amount _$ 458,503.00 Total Percent of Change: (1.65% Copy Original F-1 F-1 El