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HomeMy WebLinkAboutChange Order No. 1-PCA - MPAC POTO Chandelier Support Proj No 117-034 - A&D Contractors LLC1316 COUNTY-Ory BULDING 227 W. JEFFERSON BOULEVARD Soo-ri i Bt,,ND,. INDMA 46601-1830 CITY Or SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 27, 2018 Daniel Felker A&D Contractors, LLC 1449 Limber Lane, Suite 103 Evansville, IN 47715 1'110M'� 574/235-9251 FAX 574/ 235-9171 RE-: Change Order No. I (Final)/Project Completion Affidavit - Morris Performing Arts Center Phantom of the Opera Chandelier Support — Project No. 117-034 Dear Mr. Felker: The Board of Public Works, at its meeting held on March 27, 2018, approved the Final Change Order for this project, for a decrease of $10,000. The new Contract sum is $258,044.74. In addition, the Project Completion Affidavit for this project was approved in the amount of $258,044.74. 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 GARY A. GILO'r SUZANNA M. FRITZBERo ELVABETi-i A, MARADIK JAW's A. MUELLER J, DoRAU CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUiBLIC WORKS PROJECT CHANGE ORDER . . . . . . . . . . . DATE: 2/13/2018 PROJECT NO; 117-034 PROJECT NAME: MPAC-POTO Chandelier Support CONTRACT DATE: 8/8/21017 CHANGE ORDER NO: I (Final) SUBJECT OF CHANGE ORDER: PCR #I-Securi:tv Deduct 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 CONTRACTOR 5htractor Signature 'Y1,Wv:V 7 Printed Name and Title A&D Constructors, LLC Company Name 1449 Kimiber Lane, Suite 103 Address Evansville, IN 47715 City, State, Zip $ 268,044.74 $ 0.00 $ 268,044.74 increased Decreased $ 10,000.00 $ 258,044.74 -3.73 % -3.73 % 1/12/2018 0 days 0 days 1/12/2018 CONST'RV,!N MANAGER CITY OF SOUTH BEND BOARD OF PUBLI W RKS Approved Dater 7 Gary A. qjfft, P, ritzbero/'M ember A. Maradik, Member Therese J. Dofau, Member James A. Mueller, Member RECEIVED JAN 3 0 261b CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME -MPAC-POTO Chandelier Support PROJECT NO 117-03,4 FINAL COST $258,044.74 CONTRACT SIGNED 8/812017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Installation of a support system for the POTO chandelier. 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. q - febr,�Z Execqte this Itf-) yof aA&D Constructors, LLC Company Name b(mature 1449 Kimber Lane, Suite 103 "D Company Address Printed Name Evansville, IN 47715 City, State, Zip WITNESSES& Before me, the undersigned Notary Public in and for said country and state, personally appeared 3. le el- , and acknowledged his/her signature to the above Project Completion Affidavit on the 141 TLt , day of FC-6rv-4, 201' " 'Notary Signature � c'-) My Commission Expires Printed Name County of Residence If the Contractor is a corporation, the foilowing certificate will Ibe executed. I, Nerd certify that I am 3-etretary of the Corporation executing this reiease; that who signed this release on behalf of the contractor was then, i �,C-r - F 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: gnature Corporate Seat '6A (AZA Lt L Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable f fi I approval and we recommend to the Board of Public Works that it be ordained so. g,24 , Date: z Constructio tl� eager BOARD go P1K VAL Date: ",111A 17 17 Gary A. Gflot(Aesident —SuzahaV. Fri berg, M166mbf Ei'izaTe6 A. Wnidik, Member Therese J. Dorau, ember James A. Mueller, Member 'Lin da M. Martin, Clerk ,MAINTENANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS: That we A&D Constructors, LLC, as Principal, and Travelers Casualty and Surety Company of America, a corporation organized and existing under the Laws of the State of Connecticut, as Surety, are held and firmly bound unto City of South Bend , as Obligee, in the total sum of Twenty Five Thousand, Eight Hundred and Four Dollars and 47 cents U.S. Dollars ($$25,804.47) for the payment whereof said Principal and; Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the (Principal entered into a contract with the Obligee dated August 8 th , 2017 for MPAC-POTO Chandelier Support- Project No. 117-034 ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IIS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of three year(s) commencing on January 24th,, 2018 (the "(Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, IHODUEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this llimitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run, on the expiration date of the Maintenance Period. SIGNED this 24th day of January, 2018. A&D Constructors, LLC (Principal) By- -KeW*-aH Travelers Casualty and Surety Company of America Crawford E. McInnis, Attorney -in -Fact ATTORNEY IS INVALID fH6Gf THE RED 'BORDER. 4011sx POWER OF ATTORNIN TRAVELERSj Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and S itrety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229053 Certificate No. 007'166463 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Cornpany,Travelers Casualty and Surety Company of Arincrica, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity arid Guaranty Insurance Company is a corporation duly organized tinder the laws of the State of Iowa, and that Fidelity and Guaranty loquiratice Undcrwriters, Inc., is a corporation duly organized under [lie laws of the State of Wisconsin (herein collectively called the "Corapanics"), and that the Companies do hereby make, Constitute and appoint Crawford McInnis, Laivrence D'Entremont, Wilson Long, and Brian Tanner of the City of Birmingham State of Alabama their true and lawful Attorneys) -in -Fact, each in their -separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF, the Companies have caused this irtstrUlnefli to be signed and their corporate sends to be hereto affixed, this day of March — 2017 - Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St, Paul Guardian Insurance Company Suite of Connecticut City of Hartford ss, 28th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, Senior Vice President On this the 28th day of March 2017 before me personally appeared Robert L. Haney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty hisurance Company, Fidelity and Guaranty Insurance Onderwitters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by hiniself as a (My authorized officer. Ter In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. Marie C.Tetreauh, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . .... . ......... ............ . .................... . .... . . . ........... . . . . __ ..................................... . Final Waiver of Lien Stale of Indiana, county of Vanderburgh S5: KendallWahl being duly sworn that he/she is the Controller (Name of Officer) m (Title) of A&D Constructors, LLC having oontracted will, City of South Bend (Contractor) (Owner) to furnish certain materials and/or labor as follows; Support Steel and Installation of Phantom of Opera Chandelier Support (Description) for a project known as Morris Performing Arts .Center -Phantom of the Opera Chandelier Support (Name of Project) located at Morris Performing Art Center - City of South Bernd and owned by Board of Public Works - City of South Bend, Indiana (Owner) and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier. (PARTIAL WAtVBR) that there is due from the Contmotorthe aura of Dollars ($ -- ) ❑ receipt of which is limbyaciotowledged; or Q the payment of which has been promised as the sole consideration for this Affidavit and final Waiver ofLienwhich Is given solely with respect to said amount, and which waiver shall be effective only upon receipt ofpayment thereof by the undersigned; (FINAL WA1VEIQ thattho final balance due from the contractor is the sum of Two Hundred Fifty Eight Thousand Forty Four Dollars and 74/100 $ 258,044.74 ❑ receipt of which is hereby acknowledged; or the payment of which has been promised as tits sole consideration fbr this Affidavit and final Waiver of Lien which shall become offeotive on yupon receipt of such payment. THEk'tBFORE, the undersigned waives and releases unto the Owner ofsaid premises, any and all liars or claims whatsoever on the above-desorlbed property and improvements thereon as account oflabor ormaterial or body famished b the ut,derslgned thereto, subject to limitations or conditions expressed herein, if any; and further certified ihatno other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for saidproject, and within the scope oftbis Affidavit and WaivercfLiea A&D Constructors, LLC By Kendall WahlP (Firm) (Authorized Representative) STATE OF INDIA'NA ) SS: ST. JOSEPH COUNTY ) i36lbre me, the undersigned, a Notary Public, In and for sold County and State, personally appeared KendallWahl and aftowIedged the execution of the foregoing Affidavit and Waiver ofLien. IN WITNESS WHEREOF, Ihavo hereunto subscribed toy name and affixed my official seal on the 9th day of March 200 2018 '6 Nomy Public signature My Commission Expires: June 23, 2023 Residing in Warrick County, Indiana 10 ALIEN DALE HANDING Notary Public - Seal State of Indiana Warrick County My Commission Expires Jun 23, 2023 Date 03/13/2018 Name Toy Villa BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Department Division/Bureau Public Works Engineering BPW Date 03/27/2018 Phone Extension 5920 Required Prior to,Submittal to Board 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 H Agreement Amendment F-1 Professional Services El Bid Opening F-1 Quote Opening R Change Order No. F-1 Ease/Enicroach. 1-1 Other: Reauest for E,me LJ Contract F1 Resolution F] Bid Award El Quote Award E C/O & PCA No. 1 Final) E] Traffic Control: encv Procurement Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description A & D Constructors. LLC 01 Of "e, E 0 WITAT"T-TITUM, F Req. to Advertise El Title Sheet MPAC-POTO Chandelier Support 117-03,4 Broadway Theatre League Project Closeout F-1 Required, Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non-Debarmenit, E-Verify, Iran, etc.) Required For Change'Ordrs, Only Amount of F-1 increase $ Z Decrease $ 10,000.00 Previous Amount $ 268,044.74 Current Percent of Change: 3.73% New Amount $ 258,04474 Total Percent of Chanqe: 3,73% Copy Original F-1 F-1 1-1 F-1 El El