HomeMy WebLinkAboutChange Order No 4-PCA- Ironwood Dr Pavement Rehabilitation & Intersection Project No 117-071A - C&E Excavating Inc1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SouTH BEND. 1NDIANA 46601-1 830
CITY OF • BEND P MAYOR
BOARD OF PUBLIC WORKS
November 27, 2018
Jennifer Burgess
C&E Excavating, Inc.
53767 County Road 9
Elkhart, IN 46514
PHONE 574/235-9251
FAx 574/235-9171
RE: Change Order No. 4 (Final)/Project Completion Affidavit - Ironwood Dr. Pavement
Rehabilitation and Intersection — Project No. 117-071 A
Dear Ms. Burgess:
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 $30,982.72. The new Contract sum is
$1,340,181.08.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$1,340,181.08.
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: 11/5/2018
PROJECT NO: 117-071A
Ironwood Drive Pavement Rehabilitation and Intersection (BaseBid
PROJECT NAME: & Alternates A & B)
CONTRACT DATE: 3/13/2018
CHANGE ORDER NO, 4 (Final)
SUBJECT OF CHANGE ORDER: PCR #6-Adjustment to Final Quantities.
All items completed substantially as planned.
See attached Comparison of Estimate for overruns and underruns,
The original contract sum $ 1,347,592.50
Net change by previously authorized change orders $ 23,571.30
The contract sum prior to this change order $ 1,371,,163.80
By this Change Order, the project amount is Increased
HxDecreased $ 30,982.72
The new contract sum including this change order $ 1,340,181.08
This Change Order represents a total change of -2.26 %
Total change for entire project -0.55 %
Original contracted completion date/time 8/24/2018
Extension of date/time by previous change orders 32 days
Date/time extension by this change order 0 days
New completion date/time 9/25/2018
CONTRACTOR RE-QOMMENDEQ FOR APPBOVAL
on racto6S*ature CONSTRN MANAGER
Printed Name and Vtle
C & E Excavating, Inc.
Company Name
53767 County Road 9
Address
Elkhart, IN 46514
City, State, Zip
CITY OF SOUTH BEND
BOARD OF PUBLIC W- RKS
Approved DateL, _'d'6 t
Gary A. Gilt, President
Therese J. Do au Member
James A. Mueller, Member
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME Ironwood Drive Pavement Rehabilitation and Intersection BaseBid & Alternates A & B
PROJECT NO 117-071A FINAL COST $1 340 181.08
CONTRACT SIGNED 3/13/2018 MAINTENANCE AGREEMENT ENDS
Reconstruction of concrete pavement along Ironwood Drive at Edison Road and resurfacing
PROJECT DESCRIPTION asphalt pavement south of S.R. 23 and between E. Rockne Drive and Edison Road,
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 crated tLs:,,day South Bend which were a part of the above Contract.
o of _ 0��-YL�O�-i y 201 � C & E Excavatin ,Inc.
a a,� Company Name
big Lure C. 53767 CountyRoad 9
4 ti ASS Cc rD Sr?L • Company Address
Printed Nanie Elkhart, IN 46514
City, State, Zip
WITNESSESS:
Before me, the undersigned Notary Public in and for said country and state, personally appeared
u✓ a ,, and acknowledged his/her signature to the above Project Completion Affidavit on
rLi'll- of �� 20115
otary Sig ur My Commission Expires
Printed Nam
e County of Residencejl(/�
If the Contractor Is a c rporation, the following certificate will be executed.
�. vt�"" certify that I am Secretary of the Corporation executing this release; that
who signed this release on behalf of the contractor was then
of said Corporation; that said release was duly signed for and on behalf of said
Cor oration by Authority of its gove rang body, and is within the scope of corpor
CRISTOL MELODY VALDEZ
Notary Public. State of Indiana
acre ryes i'gn ture"SEAL �r" Elkhart County
�� �', . Commission #G9g90Bate eal
t o p 4` My Commission Expires
Printed Name '��rdarrwro� February 20, 2025
DEPARTMENT OF PUBLIC WORKS APPROVAL
This project is acceptable for fi l approval and we recommend to the Board of Public Works that it be ordained so.
�" Mom. Date:
Constl`uction tiger
Gary A. Gilot, President
BOARD OF PUBLIC WORKS APPROVAL Date: 0 ! V
uza I i ember Elizabe4Aaradik, Member
AIIJUk'A
Therese J. V6rau,Member James A. Mueller, Member t"t da M. Martin, Clerk
/EMC ( Employers Mutual
Casualty Company
Bond No. S453983
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That C & E Excavating, Inc. of Elkhart IN
as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety,
are firmly bound unto City of South Bend , (hereinafter called Obligee)
in the Penal Sum of one Hundred Thirty FourTihou and Eighteen Dollars and 101100 ($ 134,018.10 ) Dollars
lawful money of the United States of America, for the payment of which, 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.
Whereas, the said Principal has completed a certain contract,
Ironwood Drive Pavement Rehabilitation and Intersection PN: 1 17-071A
in conformity with certain specifications; and submits
said contract for acceptance by the Obligee,
Whereas, a further condition of said contract is that the said 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 (3) Three years from the date of acceptance of the work under said
contract; and
Whereas, the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for
a valuable consideration, has agreed to join with said principal in such bond or guarantee, indemnifying
said Obligee, as aforesaid;
Now, therefore, the Condition of This Obligation is such, that if the said Principal does and
shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the
period of (3) 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, then this obligation to be null and
void; otherwise to be and remain in full force and virtue in law.
Date of Formal Acceptance of Contract: Signed and delivered this 14th Day of
October 1„ 2018 November, 2018
Bond Approved:
C & E Excavating, Inc.
c\ a_ ncipal
By.
egyrrra, �"P�r��W
EEEMM
/*wn(drr
...ay;
MT
MUTUAL CASUALTY COMPANY
Surety y "'
Tracie House Attorney -in -fact
Surety Phone No. 515-280-2511
7231 (03/09)
AFEMC
P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Tracie House
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond:
Surety Bond Number: S453983
Principal : C & E Excavating, Inc.
Obligee : City of South Bend
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed,
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney Is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held to 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint afiorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, reco,gnizances, contracts of indemnity and other writings obligatory In the nature thereof; and (2) to remove any Such attorney -in -fact at any time
and revoke the power and authority given to hlm or her, Attomeys-in-fact shall have, power and authority, subject to the terms and limitations of the power -of -attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seat of the Company thereto, bonds and undertakings, recognizanc''es, contracts of
Indemnity and ether writings obligatory In the nature thereof, and any such Instrument executed by any such attomey-in-fact Shall be fully and In all respects binding upon
the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty, Company shall be fully and in all
respects binding, upon this Company. The facsimile ormechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power -of -attorney of the Company, shall be valld and binding upon the Company with the same force and effect as though manually affixed..
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
1 st day of July. 2018.
Seals
SEAL 1r353 1953
WWA .,
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SEAL s SEAL
j
4a Y-A
Bruce a Kelley,. CEO, Chairman of
Companies 2, 3, 4, 5 & 6; President
of Companies 1, 2 & 6; Treasurer of
Companies 1, 2, 3,4 & 6
Todd Strother;
Senior Vice President
On this 1st day of July, 2018 before me a Notary Public In and forthe State of Iowa, personally
appeared BruceG.. Kelley and Todd Strother, who, being by me duty swom, did say that they
are, and are known to me to be the CEO, Chairman, President and Treasurer, and/or Senior
Vice President, respective) ; of each of the Companies 'above; that the seals affixed to this
Instrument are the seals osafd corporations: that said Instrument was signed and sealed
on behalf of each of the Companies by authority of their respective Boards of Directors;
and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the
execution of said instrument to be their voluntary act and deed, and the voluntary act and
deed of each of the Companies.
" KATW 11 My Commission Expires October 10, 2019. My�missiort"stf,'2C8u AVUA�W-
October
Notary Vublic in and for the State dlowa
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 1st day of July, 2018, are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 14th day of
r,
November 2018
r
_ Vice President
7653 (7-18) 0000000 00000 000 SSS 000000-00 "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689."
CONSENT OF SURETY'
OWNER
❑
:-TO FINAL PAYMENT
ARMTECT
ALA Document G707
CON TRACMR
0
SURM Y
❑
Bond No. S453983
OTHER
TO OWNER:
ARCHITECT'S PROJECT INN.:
(ldcnnedurdadrkW)
City of South Bend
227 W Jefferson Blvd
CONTRACT FOR. Ironwood Drive Payment Rehabilitiation and
Intersection
South Bend, IN 46601
PROJJECI%-
CONTRACT DATED: March 13, 2018
{Name and addrac10
Ironwood Drive Pavement Rehabilitation and Intersection
PN: 1 17-071A
In accord mm with the provisions of the Contract between the Owner and the Contractor as Indiated above, the
(JIMW rranreandaddrmof,%imog
Employers Mutual Casualty Company
P.O. Box 712
Des Moines, IA 50306-0712
I SURETY.
on bond of
(1arst+n rrame and addrr,,egfConlmetw)
C & E Excavating, Inc.
53767 CR 9 N
Elkhart, IN 46514
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of
any of Its obligations to
(laratrrncurseundaddr� a7ft?u�rer)
City of South Bend
227 W Jefferson Blvd
South Bend, IN 46601
, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: November 14, 2018
(Auer!firutiflirKfbrmonthfv Fotraclhti1&-wt?nmfcdatrandawn)
aaawar,rAr Employers Mxjtual Casualty Company
= = SEAL �y
Attest: '," „ t eA a a a ar
Tracie House Attorney -in -Fact
.�.,�, 1lhrutaYP rtanea and tidal
LLumm ,. Surety Phone No. 515-280-2511
G707-1994
AIFEMC
P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Tracie House
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond:
Surety Bond Number: S453983
Principal : C & E Excavating, Inc.
Obligee : City of South Bend
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed,
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any tome
and revoke the power and authority given to him or her. ,Attorneys -in -fact shalt have power and authority, subject to the terms and limitations of the power-of-attomey
issued to them, to execute and deliver on behalf of the Company, and to allach the seal of the Company thereto, bonds and undertakings, 'recognizances, contracts of
Indemnity and other writings obligatory In the nature thereof, and any such Instrument executed by any such aflomey-In-fact shaft be fully and In all respects binding upon
the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all.
respects binding upon this Company. The facsimile or mechanidaally reproduced signature of such offlcer; wholher made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of•attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affb«ed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
1 st day of July, 2018.
Seals
k4MI.,.
6Mtl;gAp
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G, q,B%rt P 1j y 1 a 2",,,A�
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SEAL
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=I' SEAL
�; SCAL
SEAL'
00/
r rM r''
gAX.eM,iA. �
)K.-a Y-A
Bruce C. Kelley, CEO, Chairman of
Companies 2, 3, 4, 5 & 6; President
of Companies 1, 2 & 6; Treasurer of
Companies 1, 2, 3, 4 & 6
Todd Strother,
Senior Vice President
On Ibis 1st dayoluly, 2018 before me a Notary Public In and for The State of Iowa„ personally
appeared Bruce G. Kelley and Todd Strolher, who, being by me duly sworn„ did say that they
are, and are known to me to be the CEO, Chairman, President and Treasurer, andl'or'Senior
Vice President, respectively, of each of the Companies above; that the seals affixed to this
Instrument are the seals of said corporations; that said instrument was signed and sealed.
on behalf of each of the Companies by authority of their respective Boards of Directors;
and that the said Bruce O. Kelley and Todd Strolher, as such officers, acknowledged the
execution of said Instrument to be their voluntary act and deed, and the voluntary act and
deed of each of the Companies.
- My Commission Expires October 10, 2019.
Numb "?"Mt
yOctober 10, 20 Notary Vublic In and for the State dY Iowa
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 1st day of July, 2018, are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 14th day of
November
2018
Vice President
7853 (7-18) 0000000 00000 000 SSS 000000-00 "For verification of the authenticity of the Power of Attorney you may call (515) 345 2689."
Final Waiver of Lien
State ofludlana, County of Elkhart SS:
iennifer Bur ess being duly sworn that he/she is the Corporate Secretary
(Name of Officer) (Title)
of C & E Excavating, Inc.. ._.w_ having contracted with Citv of South Bend
(Contractor) (Owner)
to furnish certain materials and/or labor as follows; �. al,o� & Materials
(Description)
for a project known as Ironwood Drive Pavement Rehabilitation and Intersection PN:117-071A
_ (Name of Project)
located at Ironwood and Edison, South Bend, IN
and owned by —LiSy—oL
(Owner)
and does hereby further state on the behalf of the aforementioned subcontractor/supplier:
(PARTIAL WAIVER) that there is due from the Contractor the sum of
Dollars
❑ receipt of which is hereby acknowledged; or
❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver ofLlen which is given
solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the
undersigned;
(FINAL WAIVER) that the final balance due from the contractor is the sum of
Two hula Le hltt -semen thousartat four thousand s veoNt twro eollams and 60/100 r 7,472.60
❑ receipt of which is hereby acknowledged; or
x❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall
become effective only upon receipt of such payment.
THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all lions or claims whatsoever
on the above -described property and improvements thereon an account of labor or material or both,, Aunished 'b the undersigned
thereto, subject to limitations or conditions expressed herein, if any; and further eortitled that rno other party has any claim or right to a
Iien on account of any work performed or material furnished to the undersigned for said project, and wlthln the scope of this Affidavit
and Waiver of Lien.
C s� E Excavating, Inc. .. DY
(Firm) Au horiect Rrase tivo)
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared JganifeLffi Vfqg5s
and acknowledged the execution of the foregoing Affidavit and Waiver of Lien.
IN WITNESS HER OF I have hereunto subscribed na01 la(. soap on the 2 a and affixed my of 0th day of
NovembeiA4"dJJW
Notary Pub
lic S re My Commission Expires: " p
Residing in 1 County, 1 VVAAM1VL0---1
P�kaw6X$+nu ".WrnmFl rv.3'�.e
awwk'""""4idarro,n
r�'9�°
CRISTOL MELODY VAL.f71_.
Notary Public, State of Indiana,
Fr,
L
Elkhart County
Commission M 696906
,,
My Commission Expires
February 20, 2025
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 19, 2018
Name......Toy
...Villa
...........�w— ................�
Department Public Works
Division/Bureau Engineering
BPW Date November 27, 2018 Phone Extension 5920
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w_ ....... ..... Required Prior to SubmittaltoBoard
Legal E Attorney Name:
Controller El 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 0
Check the A
❑ Agreement....�....www
❑ Professional Services
[ Bid Opening
j Quote Opening
[� Change Order No.
Ease/Encroach.
�I Other:
(1A!eJ!eM1YRE
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F] Contract
F] Resolution
[' Bid Award
F1 Quote Award
® C/O & PCA No
❑ 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
Required for All Submissions
........ ............
Proposal
❑ Req. to Advertise
4 Final ❑ PCA
!red Information
C...& E Excavating. „ Inc.
Addendum
❑ Title Sheet
❑ Required Contractor's Certification Forms Attached (Non -
Collusion, Non -Discrimination, Non Debarment, E-Verify, Iran, etc.
euired For Chan�ae Orders Only ..._._.. w
Amount of E] Increase $
Decrease $....30....................
............... 982.72
Previous Amount $1 „371,163.72
Current Percent of Change: 2.26% _ ,......................
New Amount $1,340,181.80
Total Percent of Change:
Diseersal After
Copy
Original
❑
❑
roval