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Home My WebLink AboutChange Order No 2-PCA- Jefferson & Twyckenham Signal Improvements Project No 116-027 - Martell Electric LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1 830 CITY OF • BEND PETE i BOARD PUBLIC WORKS I November 27, 2018 Jennifer Brown Martell Electric LLC 4601 Cleveland Road South Bend, IN 46628 PHONE 574/235-9251 FAx 574/235-9171 RE: Change Order No. 2 (Final)/Project Completion Affidavit - Jefferson and Twyckenham Signal Improvements — Project No. 116-027 Dear Ms. Brown: The Board of Public Works, at its meeting held on November 27, 2018, approved the Final Change Order for this project, for a decrease of $1,466.54. The new Contract sum is $216,936.93. In addition, the Project Completion Affidavit for this project was approved in the amount of $216,936.93. 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. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA � DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER .,, DATE: 9/27/2018 PROJECT NO: 116-027 PROJECT NAME: Jefferson and Tw ckenham Signal Improvements CONTRACT DATE: 12/21/2017 CHANGE ORDER NO: 2 Final SUBJECT OF CHANGE ORDER: PCR #11-Final Quantities All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 197,157.47 Net change by previously authorized change orders $ 21,246.00 The contract sum prior to this change order $ 218,403.47 By this Change Order, the project amount is Increased Decreased $ 1,466.54 The new contract sum including this change order $ 216,936.93 This Change Order represents a total change of -0.67 % Total change for entire project 10.03 % Original contracted completion date/time 6/1/2018 Extension of date/time by previous change orders 0 days Date/time extension by this change order 0 days New completion date/time 6/1/2018 CONTRACTOR RECOMMENDED FOR AP-ESOMAL Con V or Sig ture CONSTRU JON MANAGER t guouiojg Printed Name and Title Martell Electric, LLC Company Name 4601 Cleveland Road Address South Bend, IN 46628 City, State, Zip CITY OF SOUTH BEND BOARD OF PUBLIC WORS Approved Data,., Gary A. Gilot, President Suzanria i1":"Fritzberg, Member Elizabeth A. Maradik, Member Therese J. Doeau, Member James A. Mueller, Member CITY OF SOUTH BEND, INDIANA°u , aF BOARD OF PUBLIC WORKS",_,� dl PROJECT COMPLETION AFFIDAVIT PROJECT NAME Jefferson and Tw ckenham Si nal Im rovements PROJECT NO 116-027 FINAL COST $216,936.93 CONTRACT SIGNED 12/21/2017 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Install new traffic equipment and ADA curb ramps throughout the intersection. 1►JI ��1��9�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. this day of 0 ei "' 201 _.., , Martell Electric LLC w Company Name e 4601 Cleveland Road Company Address South Bend, IN 46628 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally w, and acknowledged his/her signature to the above Project Com leti4'?°�ffavit oRENA BALDWIN Notary Public, State of Indiana y t) a r'0 '° St Joseph County the ..... _ .._. day of _ sEM , Commission N 663664 Dn My Commission Expires g y p�p�r,r.,,,a �bruary 28, 2023 Nota I nature M Commission Expires FB�m� L� L Printed Name County of Residence 51' :3- 5IF P a If the Contractor is a corporation, the following certificate will be executed. _ITITm_ITmmmmmmmm, ___ww, certify that I am Secretary of the Corporation executing this release; that who signed this release on behalf of the contractor was then ITITIT_mmmmmmm,m,w 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 acceptahle foam. in I approval and we recommend to the Board of Public Works that it be ordained so. Date: 1 Construction N�a �er rJ BOARD OF PU LIC WORKS APPROVAL Date: // 26 V Gary A. Giloe, President a an a M. Fr4zberg, enber Elizabeth A. Maradik, Membe r Therese J, orau, Member James A. Mueller, Member M. Martin, Clerk MAINTENANCE BOND Bond No. MNT30014654 KNOW ALL PERSONS BY THESE PRESENTS, That we Martell Electric, LLC 4601 Cleveland Road, South Bend, IN 46628 of „ . .. ... 11 1 1 ... ............. ... ......... ........ ........... , , hereinafter referred to as the Principal, and Surety Company, 333 S. Wabash Avenue, 41st Floor, Chicago, IL Western .......... ... .... ......., as Surety, are held and firmly bound unto City of South Bend, Indiana, Board of Public Works of ,County -City Building Room 131E 227 W. Jefferson Blvd South Bend IN 46601 hereinafter referred to as the Obligee, in the sum of Two Hundred Sixteen Thousand Nine Hundred Thirty Six and Dollars $ 216,936 9.3 ( ..... _ _. ...�.�.. ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of South Bend Indiana Board of Public Works dated December 21 2017 for Jefferson & Twyckenham Signal Improvements, Project No. 116-027 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Three ( 3 ) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on � November 6 2018 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of _ Three ( 3 ) year(s) from and after November 6 2018 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Form F4591 day of . ,,".November,-,,,,,,,�.8 6th 201 Martell Electric LLC Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Mien By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas J Mc Govern, Harold E Everett, Elaine K Miller, J Kevin Hughes, Thomas J Van Dyck, Jada M Karst, Melinda S Jagger, Tracie M Mc Bride, Connie J Messer, Laura L Diver, Individually of Fort Wayne, IN, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature ® In UnlimitedAmounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of August, 2018. .1.. WESTERN SURETY COMPANY /., SEAV/+, �TBrmflat.,ce President State of South Dakota ss County of Minnehaha On this 9th day of August, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR NOIARMINAC __ �a s,a aasurn r. June 23, 2021 J. Mohr, Notary PuuNic CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove ser forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunio subscribed my name and affixed the seal of the said corporation this th ,,, day of NOVr, , _, _ ,r 0 1 a n MM ...�" WESTERN SURETY COMPANY °00 , L. Nelson, Assistant Secretary Form F4280-7-2012 Go to Arw, w!u ;lld:,..'!.. yW,C,.C1M,.M > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. AFFIDAVIT AND WAIVER OF LIEN El Final 121 Partial 21 Payment to Follow STATE OF: Indiana COUNTY OF: St. Joseph Jennifer Brown being duly sworn, deposes and says that she makes this affidavit for and in behalf of MARTELL ELECTRIC, LLC which, having entered into an agreement with City of South Bend ("Contractor") for the construction of Jefferson & T ckenham on the premises of the owner located at states that, upon receipt of payment by Martell Electric from Contractor in the amount of Fifty seven thousand three hundred seventy four & 83/100 Dollars, (the "Payment"), which payment has been promised by Contractor and is anticipated by Martell Electric, all material and subcontract, due and payable, will have been paid and all labor paid in full to the date of this affidavit EXCEPT for: CONTRACT RETENTION Effective upon receipt by Martell Electric of the Payment, Martell Electric does waive and release unto the owner of said premises, any and all lien, right of lien or claim of whatsoever kind of character on the above -described building and real estate under the Statutes of the State of Indiana relating to Mechanic's liens, on account of any and all labor, material, or both, furnished for or incorporated into said building by the undersigned, up to this date. MARTELL ELECTRIC, LLC BY Jennifer Brown (Printed Name) President (Title) Subscribed and sworn to before me, on this 6th day of November, 2018 � vP P RENA BALDWIN r m Notary Public. State of Indiana 42�w = • a� St Joseph County Notary Public .. sEAV Commission # 663664 �w My Commission Expires d My commission expires: 2/28/2023 �Pr�� February 28, 2023 -�-t.-_- .-.�. - .1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11 /16/2018 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 11 /27/2018 Phone Extension 5920 immmmmmmmmmmuuummmmm ammmmuaa¢�mmvvvmmm ,.��....... ...........�, .. ._ . -------------- ._ _�.�.�..�.�..— Roquired Prior to Submittal to Board ....— __ ..._.._ ..__ ......... ._ Legal] 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 F] Check the A E] Agreement ] Professional Services ❑ Bid Opening ❑ Quote Opening E] Change Order No. ❑ Ease/Encroach. Other: pro riate Item Typemm Re ar; ...... F.1 Contract ❑ Resolution �j Bid Award Quote Award C/O & PCA No.2 Final F-1 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 for All Submissions Proposal ❑ Req. to Advertise Required Information Martell Electric, LLC ❑ PCA Addendum ❑ Title Sheet ,.E1 Yes Z No ._..... F] If Yes, Approved b Purchasing MBE � WBE _......_.... Yes ............_ -- ........ Nam .. No e of Comp Jefferson and Twyckenham Signal Improvements 116-027 LRSA M TO- _w wwwwwww_ 251.0608.431.42.96 Proiect Closeout ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination Non -Debarment„ E-Verif , Iran, etc. Amount of required For ChangeOrders ❑ Increase $ ® Decrease $ 1,466.54 Previous Amount $ 21-8,4 .4- 18,403.47 Current Percent of Change: 0.67% New Amount $ 116,936.93 0 _Total_Percent of Charge 10.03 /o .........w.....w Dispersal After Approval Copy Original ® ❑ Roger Nawrot ® Toy Villa