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HomeMy WebLinkAboutChange Order No 2-PCA - Monroe Street Parking Lot and Street Improvements Project No 117-043 - Walsh & Kelly Inc1316 COUN'ry-Cri. Y MiLDING 227 W. JEFFERSON BOULEVARD 'OUTH RFND. INDIANA 4660 1 - 1830 CITY OF SOUTyi BEND PETE Bui"'i'iGIEG, MAYOR BOARD OF PUBLIC WORKS October 9, 2018 Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHOW, 574/235-9251 FAX 574/ 235-9171 RE: Change Order No. 2 (Final)/Project Completion Affidavit - Monroe Street Parking Lot and Street Improvements— Project No. 117-043 Dear Mr. Hilary: The Board of Public Works, at its meeting held on October 9, 2018, approved the Final Change Order for this project, for a decrease of $6,933.15. The new Contract sum is $225,138.93. In addition, the Project Completion Affidavit for this project was approved in the amount of $225,138.93. 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 GARY A. Git,o,r SUZANNA M. FR1TZBF`,,R(3 ELIZADE'fli A. MARADIK JAMEs, A. MUELLER THERESE J. DORAU gq I I o" '-77", CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 9/2512018 PROJECT NO: 117-043 PROJECT NAME: Monroe Street Parking Lot CONTRACT DATE: 5/23/2�017 CHANGE ORDER NO: 2 (Final) SUBJECT OF CHANGE ORDER: PCR #3-Final Quantities All items completed substantially as planned. See attached Comparison of Estimate for overruns and uniderruns, 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 anew 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 this change order I New completion t ime Signature Printed Name and Title Walsh Kelly Inc. Company Name 24358 State Road 23 Address South Bend, IN 46614 City, State, Zip $ 228,898.08 $ 3,174.00 $ 232,072.08 HIncreased Decreased $ 6,933.15 $ 225,138.93, -2.99 % -1.64 % 11/1/2017 182 days 0 days 8/31/2018 RECOMMENDED FOR APPROVAL CONSTRt91ION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: C) /'y Gary AIAGilot:, President Suzanqa'M. Fritzberg, Member Elizabeth A. Maradik, Member Therese J. Dorau, Member James A. Mueller, Member CITY OF SOUTH BEND, INDIIANA � BOARD OF PUBLIC WORKS PROJECT COMPLETI0N AFFIDAVIT PROJECT NAME Monroe Street Parking Lot PROJECT NO 117-043 FINAL COST $225,138.93 CONTRACT SIGNED 5/23/2017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Install a new parkinq area and vacate or repave portions of Monroe St. iflffli11 3� 11201 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�t the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend whic ere a part of the above Contract. Executed this S Printed Name 2018 Walsh Kelly Inc. Company Name 24358 State Road 23 Company Address South Bend, IN 46614 City, State, Zip WITNESSIESS: Before me, the undersigned Notary Public in, and for said country and state, personally appeared Dustin Hilary and acknowledged his/her signature to the above Proie�Mpletion Affidavit on the kith air of, Se ber 201 1 1 A K H tJ E C� F Fi Notary Public. Sta1a at Indiana :SEAL; St. JoaoPhCounty nn expires Naig ature i,Ayo�rimisiliIrS iune 00, 20 22 June 5, 2022 Alzsha Krueger .._..._. Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed, 1, J. Wchael SchaLun certify that I am Secretary of the Corporation executing this release; that Dustin Hiiary who signed this release on behalf of the contractor VP of Sot of said Corporation; that said release was duly signed for r� orita"IJ`�fai'a g y p p � Corporation�A� fits o ni bod and is within the scope of corporate powers: z Secretary's Sig at rep r rte foal: J. Iicl�ae Schaum ° Printed NarAe AM1ry a"' DEPARTMENT OF PUBLIC WORKS APPROVAL �z���r� �tD4�������:w This project is acceptable for fin approval and we recommend to the Board of Public Works that it be ordained. .,�_..... Date: t is Constructiont tiger BOARD OF PUB IC WORKS APPROVAL �k I , Gary A. Gilot, President . an a Fritzberg,t/rIld Therese J. Dorau, Member ,Dames A. Mueller, Member Date. % C> o 7 �;2. (3 ✓ ' UL� Elizabeth A. Maradik, Member ,..Lin a M. Martin, Clerk FINAL, WHEREAS, the undersigned 'Walsh & Kelly, Inc. has been hereto employed by City of South Bend, Indiana to furnish certain maternal and labor, to -wit: Asphalt Paving and Concrete for the building owned by City of South Bend, Indiana and located on Monroe Street Parking Lot. South Bend 46601 St. Joseph County, Indiana Project # 117-043 NOW, THEREFORE, KNOW YE, That the undersigned, for a good and valuable consideration, the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said Corporation, the owner of said premises, any and all lien, right of lien, or claim of whatsoever kind or character on the above described building and real estate, on account of any and all labor or materials, or both, furnished for or incorporated into said building by the undersigned; and we further certify that the consideration moving to the undersigned for executing this WAIVER OF LIEN has been mutually given and accepted as absolute cash payment and not as a conditional or part payment or as security for payment. �ae��rrrr�+ �l'/Njed and delivered this t da of tember, 2018 % * ......*, ,/�j'P ., »* OA�i`•.d W & INC. Dustin Hilary, South Bend Area Vice President �O,o,, Pe V appeared b for, me this 17th day of September, 2018 Dustin Hilary 61100 +ll g duly sworn on oath, says: That he is the South Bend Area Vice President of the Walsh & Kelly, Inc. and that he hereby acknowledges the execution of the foregoing instrument for and ony behalf of said Walsh & Kelly, Inc. and at their special instance and request. My Commission Expires 06/07/2023 " This instrument prepared by: AET y Elizabet Turpin (Notary Public) Notary Pubile, State of Indiana 7 Marshall County " Commission Expires June 7, 2023 Maintenance Bond That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 Surety 0 + 908.903.3485 202E Halls Mill Road, PO Box 1650 F + 908.903,3656 Whitehouse Station, rU 08889-1650 Federal Insurance Company Bond No.MNT 8245-58-12 Amount$22,513.89 Know All Men By These Presents, (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 City of South Bend, Indiana Board of Public Works 227 W. Jefferson Blvd, South Bend, IN 46601 Twenty Two Thousand Five Hundred Thirteen Dollars and (hereinafter called the Obligee), in the amount of 891100 ($22,513,89 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 2nd day of October, 2018. WHEREAS, the said Principal has entered into a contract dated May 23 2017 for: Monroe Street Parking Lot, Project No. 117-043 And WHEREAS, the said Principal is required to guarantee the Monroe Street Parking Lot, Project No. 117-043 installed under said contract, against defects in materials or workmanship, which may develop during the period to Form 15-02-0075FE© (Rev. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the said guarantee, and shad, on due notice, repair and make good at its own expense anyand all defects in materials or workmanship in the said work which may develop during the period to or shall pay over, or make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, Walsh & Kelly, Inc. By , VP of ( South Bend Area e�IND PO ��€a'ueA��� Farm i5.02.007$FED(Rev. $117) CHUBBe Power of Attorney Federal Insurance Company I Vigilant Insurance Company ( Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Eric M. Wahlstrom as theirtrue and lawful Attorney -In -Fact to execute undersuch 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 business, and any Instruments amendingor altering the same, and consents to the modification or alteration of any Instrument referred to In sold bonds or obligations, Surety Bond Number; MNT8245-58-12 Obligee: City of South Bend, Indiana Board of Public Works In Witness Whereof, sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 6o dayof January, 2017. Dawn M, Chloros, Assistant Secretary STATE OF NEW JERSEY County ofHunterdon SS. Stephen M. Haney, Vice President �N,knNT 4lir •F On this 61h day of January, 2017 before me, a Notary Public of Now 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 sold Dawn M. Chloros, being by me duly 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 seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of Bald Companies by like authority; and that she 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 Power of Attorney Is In the genuine handwriting of Stephen M, Haney, and was thereto subscribed byauthority of sold Companies and In deponenVs presence. Notarlal Seal KATHERINE J. ADEt1IJi TAgy NOTARY PUBLIC OF NEW JERSEY No.2318586 PUBLIC commission E,Wime July 10. 2019 NoEary Pub€ c R 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 of the Company, of bonds, undertakings, recognlzanas, Contracts and other written commitments of the Company entered Into In the ordinary course of bustness (each a "Written Commitment): (1) Each of the Chairman, the President and the Vice presidents of the Companylshereby authorized to execute any Written Commitment for and on behalf ohheCompany, under the soal of the Companyor otherwise. (2) Each duly appointed attorney-In-ractortbaCampany Is hereby authorized to execute any Written Comnaltmentfor and on behalfol'the Company, under the sea]ofthecompanyorotherwise, to the extent thatsuch action is authorized by the grant of powers provided for In such persons written appointment as such attorney-In•fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company isherebyauthorized, forandon behalfoftho Company, to appoint In writing any person the attorney - in -fact of the Company with full power and authority to execute, for and on behalfofthecompany, under the seal oftheCompany orotherwise, such Written Commitments of the Company as maybe specified In such written appointment, which speclficauon may be bygeneral 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 on behalfof the Company, to delegate In writing to any other offltar of the Company the authority to execute for and 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 type or class Of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any written Commitment or appointment or delegation pursuant to this Resalutlom and the seal or the Company, may be affixed by faalmlle on such Written Commitment or written appointment or delegation. FURTHERRESOLVED, that the foregoing Resolution shalt not be deemed to be an exclusive statement ofthe powers and authority of officers; employees and other persons to act for and on behalf ofthe Company, and such Resolution shaft not limit orotherwise aNect the exercise of any such power or authority otherwisevalldlygtanted or vested' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing Resolutions adopted by the Board of Directors o£the Companies are true, correct and in full farce and effect (11) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are outhorl;ed by the U.S. Treasury Department; further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal Is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (fit) ithoforego Irig Power.ofAttorney Istrue, correctand InfutItorceand effect, Gi, under my)Sand,andsealsofsaidCompaniesatWhitehouseStation,NJ,thfs October 2, 2018. {� Dawn M. Chloros, Assistant 5ecretai tr INTHE EVENT YOUWISNTONOT] FYUSOFACLAIM, VERtFYTHEAUTHENTICITY0PTHISBOND ORNOTIHUSOFANY OTHERMATTE R,PLEASE CONTACiUSAn t Telenhone(900)903.3493 Faxf90111903.3656 e•malh surety0chubb.com f 1 Fofin 15.10-02258, U. W4 CONSENT (rev.12•10) E.�ttl&t if BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/26/2018 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 10/09/2018 Phone Extension 5920 Legal ❑ Attorney Name: Controller ❑ Controller review is required for all Contracts $5,000.001 or more and greater than one year in length per the City Purchasing Policy Purchasing n ❑I Agreement ❑ Professional Services Bid Opening Quote Opening ❑ Change Order No. ❑ Ease/Encroach. F-1 Other: H Contract L] Proposal ❑ Addendum ❑ Resolution El Bid Award ❑ Req. to Advertise ❑ Title Sheet F] Quote Award C/O & PCA No. 1 (Final) El PCA ❑ Traffic Control: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/'BE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of 0 M Walsh & Kelly, Inc. ❑ Yes 0 No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE ❑ No ❑ Yes Name of Company Monroe Parking Lot and Street Improvements rovements —117-043 (17J01 1) RWDA TIF 324.1050.460.42.01 $225,138,93 Project Closeout ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc. Increase $ Decrease $ 6,933.15 Previous Amount $ 232,072.08 Current Percent of Change: 2.99% New Amount Total Percent of Change: Copy Original ❑ ❑ F-1 El ❑ ❑ $ 225,138,93 1.64% Diwersal After