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HomeMy WebLinkAboutChange Order No 5 & PCA - Western Avenue and Olive Street Intersection Improvement Proj No 115-097 - Selge Construction1316 COUNTY-Crry BUILDING 227 W. JEFFERSON BOULEVARD Sou-ri I BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WORKS I May 22, 2018 Robert Riley Selge Construction Co., Inc. 2833 S. H"' Street Niles, MI 49120 PHONE, 574/235-9251 FAX 574/ 235-9,171 RE: Change Order No. 5 (Final)/Project Completion Affidavit - Western Avenue and Olive Street Intersection Improvement — Project No, 115-097 Dear Mr. Riley: The Board of Public Works, at its meeting held on May 22, 2018, approved the Final Change Order for this project, for a decrease of $387.59. The new Contract sum is $2,862,193.09. In addition, the Project Completion Affidavit for this project was approved in the amount of $2,862,193 .09, 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. Gji,o-i' SUZANNA M. FRITZBERci Ei..jzABEi'ii A. MARADIK JAWs A. WFILE'R THERESf-.', J. DORAL; CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 4/13/2018 PROJECT NO: 115-097 PROJECT NAME: Western Avenue and Olive Street Intersection Improvement CONTRACT DATE,: 5/9/2017 CHANGE ORDER NiO: 5, (Final) SUBJECT OF CHANGE ORDER: PCR #5-Adjustment to Final Quantities. All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 2,713,239.25 Net change by previously authorized change orders $ 149,341.43 The contract sum prior to this change order $ 2,862,580.68 By this Change Order, the project amount is F1 increased nX Decreased $ 387.59 The new contract sum including this change order $ 2,862,193.09 This Change Order represents a total change of -0.01 % Total change for entire project 5.49 % Original contracted completion date/time 10/25/2,017 Extension of date/time by previous change orders 12 days Date/time extension by this change order 0 days New completion date/time 1116/2017 CONTRACTOR RECOMMENDED FOR APPROVAL Contractor Signatur CONSTR,'UJ1ON MANAGER CITY OF SOUTH BEND Robert S. Riley, Project Manager Printed Name and Title Selge Construction Co., Inc. Company Name 2833 S. 11 th Street Address Niles, MI 49120 City, State, Zip BOARD OF PUBLIC W R Approved Date�T - Gary A. Gilot, President Suzanna M. Fritzberg, Member U k- Elizabeth A Maradik, Member Therese J. Yorau, Member James A. Mueller, Member CITY OF SOUTH BEND,, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME -Western Avenue and Olive Street Intersection Improvement PROJECT NO 115-097 FINAL COST $2,862,193.09 CONTRACT SIGNED 5/9/2017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Construct improvements alono Western Avenue between Bendix & Olive. M71101IM&1:11M 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, Execule4 this 26th day of April 201 8 Selge Construction Co., Inc. Company Name 71 Signature 2833 S. 11 th Street Robert S. Riley Project Manager Company Address Printed Name Niles, MI 49120 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Robert Riley , and acknowledged his/her signature to the above Project Completion Affidavit on the 26th day of , =ii 1201 8 -4- Notary Signature My Commission Expires Rql•_ 13 Printed Name County of Residence If the Contractor is a corporation, the following certificate will be executed. 1, Vicki A. Priest certify that I am Secretary of the . .. .... .. . .. Robert S, Rile y who signed this release on Project Manager of said Corporation; that said release C "rporation by A 041ty of its governing body, and is within the scope of corporat 07/25/2020 xecuting this release-, that 1111� #t%tor was then 'ed-f i �,on behalf of said AR PUBLIC Secretary's Signature 1011 MY COMPISSION 0 EXPIRI F Corporate Seal Vicki A. Priest 7 25 -.5-2020 S, Printed Name c 0. N\ DEPARTMENT OF PUBLIC WORKS APPROVAL 11,,"M This project is acceptable for fin approval and we recommend to the Board of Public Works that it be ordained so. Date: Z4. ad+ - 1 Constructio alter Gary A. Gilot, President Therese J, D4r'au, Member BOARD OF IPUBLIC WORKS APPROVAL Date: � 1 6 Suzanna M. Fritzberg, Member James A. Mueller, Member Elizabeth A PvTaradik, Member Li" dla M. Martin, ('Iprk'- MERCHANTS r77�k BONDING COMPANY.� MEKCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 KNOW ALL PERSONS BY THESE PRESENTS: Bond No. INC60024 That Selge Construction Company, Inc. 2833 S. I I th Street, of Niles, MI 49120 as Principal, and the Merchants Bonding Conn an (Mutual) as Surety are held and firmly bound unto the City of South Bend Board of Public Works, 227 West Jefferson Boulevard, South Bend, IN 46601 in the penal sum of Two Hundred Eighty -Six Thousand, Two Hundred Nineteen and 31/100 ($286,219.31 _) DOLLARS, lawful money of the United States of America, for the payment of whiichi, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 27th day of April 2018 WHEREAS, the Principal entered into a certain contract, dated the 9th day of May 2017 with the City of South Bend Board of Public Works I to furnish all the material and labor necessary for the construction of Western Avenue Corridor Improvements from Bendex Drive to Olive Street #115-097 in conformity with, certain specifications; and WHEREAS, a further condition of said contract its that the Principal should furnish a bond 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 Bonding Company (Mutual) for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of South th Bend Board of Public Works as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does 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. Approved Selge Construction Company, Inc. Principal B Robert Kuhns, Project Engineer By Merchants Bonding Company (Mutual) B - �,�wu'e, CON O304 (2/15) Elaine-K—Miller, Attorney -in -Fact MERCHANj77� BONDING COMPANY. POWER OF ATTORNEY Know All 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 Van©yck; Tom McGovern their true and lawful Atto€ney(s)-in-Fact, to sign Its name as surety(ies) and to execute, seal 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 Hoard 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 Attornoys-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 '•,�••p�jMp�•. MERCHANTS BONDING COMPANY (MUTUAL.) .�y:'ya MERCHANT NATIONAL, BONDING, INC. v'y 2003 1933 By f .. r .4 . d A:. '•.�/ ••••'tJa,• '. 11i �•• \�r• President STATE OFIOWA ••'�'"rn'•yt''• ••`r"••• 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 duty 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. ALICIA K. GRAM a Commission Number 767430 _ My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) L, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still 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 27th day of April 2018 ;'•.rztPO 9•ep: .••O�• RPU ��• ._ 2QQ3 1933 �: Secretary �r. POA0018 (3117) """""'•. ..•ter••. Final Waiver of Lien State of Indiana, as: WHEREAS, the undersigned Selene Construction Co,, Inc. has been heretofore employed by the City of South Bend, IN to furnish certain material and labor, to wit: Western Avenue Corridor Improvements From Bendix Drive to Olive Street Project No. 115-097 for the real estate owned by the City of South Bend located in South Bend, IN County of St, Joseph, State of Indiana, Now Therefore, Know Ye, That the undersigned, for and in consideration of Two Thousand Three Hundred Thirty Eight Dollars and Fifty Three Cents ($2,338,53), the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said owner of said premises, any and all lien, right of lien or claim of whatsoever kind of character on the above described real estate. TO AND FOR SAID AMOUNT, an account of any and all labor material, or both furnished for or incorporated into said real estate by the undersigned up to this date, and we further certify that the consideration moving to the undersigned for executing this Final Waiver of Lien has been mutually given and accepted as final payment to or on account of the said project for said real estate. Signed, sealed and delivered this 26th day of A 2ril., 2018 Signed Robert S. Riley Project Manager Personally appeared before me this 26th day of April, 2018, Robert S. Riley, who, being duly sworn on oath, says: That he is Project Manager of the Selge Construction Co., Inc, and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Sege Construction Co., Inc. My Commission expires: 07/25/2020 I 4" .......... NOTARV", A'- S PUBLIC UJ I My COMMISSION iz E EXPMES 4� 7-25-2020 x X Notary Public BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/09/20118 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 5/22/2018 Phone Extension 5920 . . ......... . me Controller Purchasing ❑ Agreement ❑ Professional Services ❑ Bid Opening ❑ Quote Opening Change Order No. Ease/Encroach. Other: ❑ Attorney Name: Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy El ie Appropriate Item Type — Rqquireq for All Submissions ❑ Contract ❑I Proposal ❑] Addendum ❑ Resolution ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award Z C/O & PCA No. 5 final) ❑ PCA ❑ Traffic Control. 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 Amount of F-1 ❑I Selge Construction Co., Inc. El Yes Z No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE F-1--No ❑ Yes Name of Company Western Avenue Corridor Improvements from Bendix Drive to Olive Street 115-097 (16JW01) RWDA TIF 324-1050-460-42.03 Project Closeout F-1 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc, Required, For ChangbOrders, Only Increase $ Decrease $ 387 59 Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original ❑ ❑ ❑ ❑ 1-1 1:1 $ 2,8162,193.09 5,49%