HomeMy WebLinkAboutChange Order & PCA - JMS Facade Work Proj No 116-048R - HGR Group Inc1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF Souni BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC'WORKS
February 27, 2018
Harold Reinke
HGR Group, Inc.
1932 Churchill Drive
South Bend, IN 46617
PHONE 574/235-9251
FAX 574/ 235-9171
RE: Change Order No. I (Final)/Project Completion Affidavit — JMS Fapde Work —
Project No. 116-048R
Dear Mr. Reinke:
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 $15,000. The new Contract sum is $211,707.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$211,707.
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, Clerl )[
Enclosures
c: Toy Villa, Engineering
GARY A. G I LOT SUZANNA M. FRITZBERo Ei-,iZAI3E,ri1 A. MARADIK JAMES A. MUELLER THERESE J. DoRAu
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
DATE. 913012017
PROJECT NO: 11 6-048R
PROJECT NAME: JMS Facade Work
CONTRACT DATE: 4/1112017
CHANGE ORDER NO: 1 (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
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 by previous change orders
Date/time extension by this change order
New completion date/time
/1,--CONTRACTOR)
Contractor Signature
e,
rrinted Name and Title
HGR Group, Inc.
Company Name
1932 Churchill Drive
Address
South Bend, IN 46617
City, State, Zip
$ 226,707.00
$ 0.00
$ 226,707.00
increased
FX-] Decreased $ 15,1000.00
$ 211,707.00
6.62 %
6.62 %
6/26/2017
0 days
0 days
6/26/2017
RECOMMENDED FOR APPROVAL
MINEWTION MANAGER
BOARD OF PUBLIC WORKS
A proved Date:
t
Gary A. jpil6f, President
tuber
Elizabeth A Maradik, Member
Therese J. Dorau, Member
James A. Mueller, Member
CITY OF'SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME AS Facade Work
PROJECT NO 116-048R FINAL COST $211,707.00
CONTRACT SIGNED 4/11/2017 MAINTENANCE AGREEMENT ENDS
PROJECT DESCRIPTION Construction of Storefront and Facade renovations at the JMS Buildi
LTAM 0 1 xam: 0 9 am I
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.
Exe -7 HGR Group, Inc.
Company Name
Signature 1932 Churchill Drive
Company Address
Printed Name South Bend, IN 46617
WITNESSESS:
ad Notary Public in
and acknowledged
Printed Name
City, State, Zip Alexandra Mitchell, Notary Public
Comm. Expires Oct, 12, 2025
I said country and state, personally app Besides in St. Joseph Co., IN
;ignature to the above Project Completion Xornm. Number 706417
My Commission Expires
County of Residence
If the 0 + + Us a corporation, 41 followingcerflf,—I. 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
Corporation by Authority of its governing body, and is within the scope of corporate powers:
Secretary's Signature
Printed Name
Corporate Seal
DEPARTMENT OF PUBLIC WORKS APPROVAL
This project is acceptable foFapproval and we recommend to the Board of Public Works that it be ordained so,
Date: it. ku
Construction I" r
BOARD OIF PUBLIC WORKS
Gary A. Gilot,
Therese J. Dorau, Member James A. Mueller, Member
'AL Date:
Eli—zibeth"AMaradik, Member
Linda M. Martin, Clerk
0
MERCHANTS NATIONAL BONDING, INC, P.O. BOX 14498, DES MOINES, IOWA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-38S4
[IT, T-11 I Z 1119:4 Z F-11 Z Eel =11111 *Q ki I
KNOW ALL PERSONS BY THESE PRESENTS: Bond No. NIN1209
That H.G.R. Group, Inc.
of 209 N. Main Street, South Bend, IN 4660
as Principal, and the Merchants National Bonding, Inc. —as Surety are
held and firmly bound unto the City of SouthBead, Indiana Board of Public Works, 1316 County -City Building
227 West Jefferson Blvd., South Bend, IN 46601 in the penal sum of
Twenty -One Thousand One Hundred Seventy -One and xx/100 ----------------------- ($21,171.00
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, admiinistrators,
successors and assigns, jointly and severally, firmly by these presents.
Signed and delivered this l7th day of November 2017
WHEREAS, the Princi a] entered into a certain contract, dated the I Ith day of April
2017 with, the City of South Bend, Indiana Board of Public Works
I
to furnish all the material and labor necessary for the construction of
JMS Facade Work, PrQject No. I I 6,-048R
South Bend, Indiana
in conformity with certain specifications; and
WHEREAS, a further condition of said contract is that the Principal should furnish a Ibond of indemnity,
guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a
period of Three —years from the date of acceptance of the work under said contract; and
WHEREAS, the above work has been completed and accepted and if not accepted will be automatically
accepted upon the filing of this maintenance bond; and
WHEREAS, the Merchants National Bonding, Inc. for valuable
consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said
City of SoutliBend, Indiana Board Of PUblic Works as aforesaid;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal doe's
and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said
work, within the period of Three 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, and shall keep all
work in continuous good repair during said period, and shall in all other respects, comply with all the
terms and conditions of said contract with respect to maintenance and repair of said work, then this
obligation to be null and void; otherwise to be and remain in full force and virtue in law.
It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications
which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be
obligated only to assure the maintenance of the work in the condition in which it existed at the time the
work was accepted. Any obligation beyond this shall be that of only the Principal.
H.G.R. Group,
Pri nc�ial,
B
Approved'
By Merchants National Bonding, Inc.
By
CON 03014 (2/15) I-luglics, Attorney -in -Fa
1VtERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jada M Karst; Jessica K Callahan; Marie E Comparet;
Melinda Jagger; Thomas J VanDyck; Tom McGovern
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seat and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc, on October 16, 2015,
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 14th day of July 2017
•
•' pQR' �Q': ; •O. �PQ 'Oq'. MERCHANTS BONDING COMPANY (MUTUAL)
':'y: . *;'•0 A'O "y' MERCHANTS NATIONAL BONDING, INC.
•Z: •
'.,
• W''••�••'.i� �.` •�W �'• \••. President
STATE OF IOWA •��'�".."t•''�� ' • •.....
COUNTY OF DALLAS ss.
On this this 14th day of July 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
/,y ,IA( S ALICIA K. GRAM
z° d a a e Commission Number 767430
My Commission Expires
Apr/ 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, ING.; do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, whk h is Mill in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th day of November 2017
,a''p'��pNgC''o ••���NG•G��%'•
4V
S :~ 2003 1933 Secretary
POA 0018 (3117) "�"``��• • • • • • • • •
Final Waiver of Lien
Mabee oflradiana, County of r, e r/t SS
ram ;gip kI, y
bale duly sworn that he/site is the
/ (Name of OfAcer) (Title)
of far t? � a c ' , having contracted with e" 16,41
(Contractor) (Owner)
to famish certalft. materials and/or labor os follows:
(Description)
for a project known as � � � c' � � .t L) v-
(Name of Project) --
located at
and owned by i` a
(Owner)
and aloes heraby further state on the behalf ofthe aforementioned subcontractor/supplier:
(PARTIAL WAPMR) that there is date from the Contractor the sure of
Dollars $
El receipt of which is hereby aclulowlodged; or
the payment of which has been promised as the sole consideration for this Affidavit and final Waiver ofLion:-which is given
solely with respect to said amount, and which waiver shall be effeaive only upon receipt of payment thereof by the
undetiignedp
(FINAL W IVEA) that the final balance clue from the contractor is the sure of
V % '1
El receipt of which is hereby acknowledged, or
JD`/the payment of which has been promised as the sole consideration for this Affidavit and Final Walver of Lien which shall
become effective only upon receipt of such payment.
THEREFORE, the undersigned waives and releases unto the Owner of said premises,, any and all liens or claims whatsoever
on the above -described property and improvements thereon an account of labor ormaterlat or froth, flami'shed b the undersigned
thereto, subject to limitations or conditions expressed herein, if any, and further certified that. no other party has any claim or right to a
Jim on account of any work perrouned or material famished to the under°cigar sae proJed and within the scope of this Affidavit
and Waiver ofLlen.
C TI Z__L
(Firm) w . Alexandra Mitchell, Notary Public (Authorizedltepresentative)
STATE OF �►IANA ) SS. �° " Comm. Expires Oct. 12, 2025
SEAL Resides in St. Joseph Co., IN
ST, JOSEPH COUNTS Comm. N'urnber 706417
Before me, the undersigned, a Notary .Public, In end for said County and State, personally appeared � m
and acknowledged the execution of the foregoing Affidavit and Waiver of Lien.
y t seal on the day of
�IN T.C�I'l;S �IiEOF ilravo Frtsrotrttto subscribed� nararo and axed oflici M . CIO
°
a
t^lotury Public Signature
112y Commission Extires
k"'YA?
itesldingin� �'ty
oust '.
/t � i+ictaryPublici'4iama;
Date
Name
BPW Date
02/15/2018
Toy Villa
02/27/2018
130AIU) OF PUI13LIC WORKS
AGENDA ITEM RE' VIEW REQUEST FORM
Department
Division/Bureau
Phone Extension
Public Works
Engineering
5920
Legal F1 Attorney Name,- Michael Schmidt
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
LJ Agreement [ I Contract Proposal ❑ Addendum
Professional Services El Resolution
❑ Bid Opening ❑ Bid Award Req. to Advertise El Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. C/O & PCA No. 1 Final) El PCA
El Ease/Encroach. El Traffic Control:
F-1 Other:
Company or Vendor Name
New Vendor
MBENVBE Contractor
MBENVBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
JMS Fagade Work
El Yes El No F] If Yes, Approved by
Purchasing
[:] MBE [:] WBE
[J No E] Yes Name of Company
JMS Fagade Work
116-048
RWDA TI F
324.1050.460.31.02
Project Closeout
L] Required Contractor's Certification Forms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of F1 increase $
H Decrease $ 15,000.00
Previous Amount $ 226,707.00
Current Percent of Change: 6.62%
New Amount $ 211,707.00
Total Percent of Chancie: 6,62%
Copy
Original
11
El