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