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HomeMy WebLinkAboutChange Order No 1-PCA - Ameritech Dr Pavement Improvements Project No 117-057A - Walsh and Kelly Inc1316 CouNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD 901JTH BEND. INDIANA 46601-1930 CITY • i SOUTH BEND PETE BUTTIGIEG, MAYI BOARD 1 i WORKS December 11, 2018 Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 Fax 574/235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit - Ameritech Drive Pavement Improvements — Project No. 117-057A Dear Mr. Hilary: The Board of Public Works, at its meeting held on December 11, 2018, approved the Final Change Order for this project, for a decrease of $19,563.96. The new Contract sum is $369,436.04. In addition, the Project Completion Affidavit for this project was approved in the amount of $369,436.04. 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. GHAT SUZANNA . FR1'I'ZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAu CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER " DATE: 12/11 /2018 PROJECT NO: 117-057A PROJECT NAME: Ameritech Drive Pavement improvements CONTRACT DATE: 6/26/2018 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #1-Final Quantities 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 Dustin Hilary, VP of South Bend Area Printed Name and Title Walsh & Kelly Company Name 24358 State Road 23 Address South Benda IN 46614 City, State, Zip HIncreased X Decreased 11 /2/2018 0 days 0 da s 11 /2/2018 $ 389,000.00 $ 0.00 $ 389,000.00 $ 19,563.96 $ 369,436.04 -5.03 % -5.03 % UjQ MOMF=NDED FOR APPRQVAL CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date Gary 't, President Suzann M. Fritzberg, Member Elizabeth A. Maradik, Member Th rese J. Dor~ Member James A. Mueller, Member t CITY OF SOUTH BEND, INDIANA 0 BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Ameritech Drive PROJECT NO 117-057A FINAL COST $369,436,04 CONTRACT SIGNED 6/26/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Road rehabilitation 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 B ,pnywhich were a part of the above Contract. ,$1 , Exect 4� is jq I 'e day of 201 0 R,4 Dustin I Li VP of South Bend Ares Printed Name ,idsJ WITNESSES& J�eforp me the undersigned Notary Public in aria', se'i �oupfry and state, Dustin Hiliryand acknowledged his/her sigrihOp to the above 1: Walsh & Kelly Company Name 24358 State Road 23 Company Address South Bend, IN 46614 City, State, Zip personally appeared ,qjqgL Completion Affidavit on the 19th a of Ova 2018 J7,71,'Al_1SHA KRUEGER 410 n Qry Pubk(" State of indt )1,1 U n ol 7� Notary'atute P! 2 Alisha Kt-ueger 202 June 5, 2022 Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. J. Mictmel Schaun certify that I am Secretary of the Corporation executing this release; that who signed this release on behalf of the contractor was then., VP nf ',qru&h P--Ynrl A-rn--i of said Corporation; that said release was duly signed for and on Pbhalf� of said Corp f i overning body, and is within the -scope of corporate powem Secret -S'SignatLA ecr Corporate Seal idelSchaun J Zic j Printed Name % A I DEPARTMENT OF PUBLIC WORKS APPROVAL 0, 6 This project is acceptable to final approval and we recommend to the Board of Public Works that it be ordain e'r,so,�­` 4%^ Date: Constructjctr�. hager BOARD OF PUBLIC WORKS APPROVAL Date: Jo f Gary A. Gil -oh, President Suzanna M. Fritzberg, Member Elizabeth A. Ma'radik, Member 4These2J, �Dor Mem�i� James A. Mueller, Member Uida M. Martin, Clerk U B all Surety 0 + 908.903,3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Maintenance Bond Bond No.MNT8246-59-80 Amount$36,943.60 Know All Men By These Presents, That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 (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 Boulevard South Bend, IN 46601 Thirt Six Thousand Nine Hundred Forty Three Dollars and (hereinafter called the Obligee), in the amount of 60/1�0 ($36,943.60 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 14th day of November, 2018. WHEREAS, the said Principal has entered into a contract dated June 26 , 2018 for: Ameritech Drive Pavement Improvements, Project No.: 117-057A And WHEREAS, the said Principal is required to guarantee the Ameritech Drive Pavement Improvements, Project No.: 117-057A installed under said contract, against defects in materials or workmanship, which may develop during the period November 14, 2018 to November 14, 2021 . Form 1502-0075FED (Rev. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and performthe saidguarantee, and shall, on due notice, repair and make good atits own expense anyand all defects inmaterials or worlananship in the said work which may develop during the period November 14, 2018 to November 14, 2021 . 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. By ." Attorney -la -Fact vid M. t liger Form 15.02-0075RD Mev. 5/17) CHUaso Power of Attorney Federal Insurance Company I Vigilant Insurance Company I 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 Tia A. Bolce, Terry R. Hurst, Brian T. Morton, David M. 011ger, Robert M. Rutigliano, Christina Marie Schmitter, Tina N. Senefeld and Eric M. Wahlstrom of Indianapolis, Indiana ------------------------------------------ each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to afTlx their corporate seals to and deliver for and on their behalr 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 amending or altering the same, and consents to the modification or alteration ofany Instrument referred to In said bonds orobligations, In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 19" day, of)anuary, 2017. Dawn M. Chloros, Assistant Secretary "" Catherine A.13 a Vice President 0 STATE OF NEW JERSEY County ofHunterdon SS. On this 19'h day of January, 2017 before me, a Notary Public of New 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 said 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 seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto aRfixed 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 Catherine A. Donahue, and knows him to be Vice President of said Companies; and that the signature of Catherine A. Donahue, subscribed to said Power of Attorney Is to the genuine handwrtiingof rtherin e. and was thereto subscribed by authority ofsaid Companies and In deponent's presence. Notarial Seal fit KATHERIN J, AD LAAR 1 ,( TAA NOTARY PUBLIC OF NEW JERSEYvloll No 16885 Notary Public P!IBL COmlnilsslon Expires J(alyr , COVI'Il~I [" Resolutions adopted by f Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizatloru relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and Other written commitments of the Company entered Into In the ordinary course of business (each a'Written Commitmen("); (1) Each of the Chairman, the President and the Vice Presidents of the Company Ls hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each drily appointed attorney-infhm of the Company Is hereby authorized to execute any Wrhten Commitment for and on behalf of the C".omtpxrfy, under the seat of the Company or otherwtu, to the exten t that such action b authorized by the grant of powers provided for In such pers.on's written appointment as such attorney In -fats. (3) Each of the Chairman, the President and the Vice Presidents of the Company is; hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney - in -fact Of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be sped0ed In such written appointment, which specification may be by general type or class of Written Commitments or by speciflrailon of one or more particular Written Commitments. (4) Each of the Chairman, the Prt_wident and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and an behalf of the Company, under the Companys seal or otherwise, such Written Commitments or the Company as are sped0ed In such written delegation. which specification may be by general typeor dassof Written Commitments or byapecifttatlonoroneormore particular Written Commltmerrm (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, maybe affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted 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 Dlrectors of the Companies are true, correct and In full force and effect, (Ip the Companies are duly licensed and authorized to transact surety business In all s0 of the United States of America and the District of Columbia and are authorized 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 (III) the foregoing Power ofAttorney is true, correct and In full force and effect. Given under my hand and seals ofsald Companies at Whitehouse Station, NJ, this November 14, 2018 Dawn M. Chloros, Assistant Secretary IN,'Tl1E EVMTYOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE A(M WNTIUTY OF THIS BOND OR NOTIFY US OF ANY OTHER MW11F.R. PIXASECON, fAf r US AT: Telr one(R��3493 Fax")003.3656c-ma0.sutct rhuhb,coom Form 16,to, 022p50. U Curt O"ENT (ray, 12.16) is i Final Waiver of Lien State of Maria, County of St. Joseph SS., John Peisker being duly Sworn that he/she Is the Vice President of Asphalt Operations (Name Of Walsh & Kelly, Inc. hElvbg contracted with City of South Bend (Contractor) ....... . .. (Owner) to bmi3h certaift.rimterials andfor labor as follows; Asphalt, Concrete and Pavement Marking for a project ]mown as # 117-057A: Ameritech Drive Pavement Improvements (Name Of Project) located at Ameritech Drive and owned by City of South Bend (Owner) and does hereby Anther state OD the behalf ofthe aforementioned subcoriftotor/suppiler: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars i - 0, El receipt of which Is hereby acknowledged; or El 1110 p0mant of Which has beery promised as the, sole consideration for this Affidavit and Phsal Of Waiver , Lionwilich is given SOMY with respect to said utnowit, and which waiver SbAl 1)(1 effective only upon receipt of payrnant thereof by the w4orsigned; (FINAL WAIVER) that the final balance due kom, the contractor is the sum of 369,436.04 ❑ receipt ofwhiah is hereby admowledged; or 1110PRYPIOUt Of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lieu which shall bect.unc efreetive, only j1poll receipt of such payment, THEREFORE, the undersigned waives and releases unto the Owner of said prerolses, any and all liens or claims whatsoever on flic above-dcscrlbPd propuly and imlwovelaarlis fljor =wait of labor or tnaterial or bolb, finnished b tiro undersigned thereto, SuNject to limiffillons or 0011ditions oxpre& ;�,Wnd fbrffirx cartified -thatno other party has any cloirn or right to it ,, & lion on account of any work performed or materw Anippiod, for saidprojec4 and within the sc, )e ofthis Affidavit and Waiver ofLIen. S 0 A A Walsh & Kelly' Inc. 111110 STATE OF MMA ST, JOSEPH COUNTY SS: ....... Before me, the undersigned, a Notary Pub rem 44NI County and State, personally appeared John Peisker and acknowledged the execution of the foregoing Affidavit 6#*Alvar of Lion. IN WYMESS WHEREOF' Ihavc hereunto subscribed ray name and affixed rfly:� ,cial 1on the of November200 18 'Sign , ture My commission Expfros, June 07, 2023 Amy Elizabeth Turpin Realilffigin ,Indiana county, Marshall Notitry Public Name AMY -1-12ABETH TURPIN E Notary Public, State of Indiana Marshall County Commission Expires June 7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/04/2018 Name Toy Villa Department Public Works Division/Bureau Engineering BPW Date 12/11/2018 Phone Extension 5920 a�oaw �umw�i�mmmuim Hamm mmmommmm= i _...... .._.�_........ �,�, ... .... ..... ..._....__.__.. _.. �..,..-- --------- W Bored Prior to Submittal to Board Legal ❑ Attorney Name: _�........___....... �-. �........._... �....... mm.......... 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 ❑ Check the Agreement El Professional Services E] Bid Opening Quote Opening F-1 Change Order No. _ Ease/Encroach. F� Other: iropriate Item_Ty EJ Contract Resolution [� Bid Award ❑� Quote Award ® C/O &PCANo ❑ 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 — Re lyked for All Submissions [❑ Proposal ❑ Req. to Advertise 1 Final ❑ PCA Required Information & Walsh _Kelly„ Inc. alsh [� YesNoIf Yesn Aoproved by Purchasi MBE mWBE No Yes Name of Com an .��. Ameritech Drive Pavement Improvements 117-057A - ....w_. ...... 324.1050....._ _......... 460.31.20 Proiect Closeout Addendum ❑ Title Sheet ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E Verify, Iran, etc. o uirq ed For Chaps Orders Onl +w w ww Increase $ Decrease ^$ 1....., 9563.96 Previous Amount Current Percent of Change New Amount Total Percent of Chance: Copy Original ❑ ❑ 389,000.00 5..03°/.........m.mm ...._ ..... $ 369,436.04 5.03% Dispersal After�Aproval.....�ww .........�.....���...��......�� �...