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Home My WebLink AboutChange Order No 2-PCA - Marriott Hotel Site Development at Hall of Fam Phase 3 Divisions C Project No 117-064 - Walsh & Kelly1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI JTH BEND. 1NDIANA 46601-1830 186 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR i1A';1 OF PUBLICWORKS January 22, 2019 Dustin Hilary Walsh & Kelly, Inc. 24358 SR 23 South Bend, IN 46614 PHONE 574/235-9251 FAx 574/235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit - Marriott Hotel Site Development at Hall of Fame, Phase 3 — Divisions C — Project No. 117-064 Dear Mr. Hilary: The Board of Public Works, at its meeting held on January 22, 2019, approved the Final Change Order for this project, for a decrease of $5,138.16. The revised contract sum is $433,573.16. In addition, the Project Completion Affidavit for this project was approved in the amount of $433,573.16. 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, :. y Y� Linda M. Martin, Clerk Enclosures GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU Walsh & Kelly, Inc. Company Name 24358 SR 23 Address South Bend„ IN 46614 City, State, Zip OVIIA N CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS ; PROJECT CHANGE ORDER DATE: 10/15/2018 PROJECT NO: 117-064 Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid PROJECT NAME: C CONTRACT DATE. 9/12/2017 CHANGE ORDER NO: 1 (Final) SUBJECT OF CHANGE ORDER: PCR #1-Adiustment to Final Quantities All items completed substantial) as planned. p y p ned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 438,711.32 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order $ 438,711.32 By this Change Order, the project amount is Increased Decreased $ 5„138.16 The new contract sum including this change order $ 433„573.16 This Change Order represents a total change of -1.17 % Total change for entire project -1.17 % Original contracted completion date/time Extension of date/time by previous change orders Date/time extension by this change order New completion date/time ` Printed Name 5N _ an'Title BOARD OF PUBLIC WORKS Approved Date: / o 19 Gary A. Gild, President 6/1 /2018 0 da�.S.._. _. Odays 6/1 /2018 RECOMMENDED 8 APPROVAL CITY OF SOUTH BEND Suzanna M. F„ Member ......... Oa- 4 aradik, Member , Member II,AuIQA ®' S'u IVW% MyMN.�11Pd ,��, W CITY OF SOUTH BEND, INDIANAk BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Marriott Hotel Site Develo ment at Hall of Fame, Phase 3 Base Bid C PROJECT NO 117-064 FINAL COST $433,57116 CONTRACT SIGNED 9/12/2017 MAINTENANCE AGREEMENT ENDS Install new site improvements including, but not limited to, a parking lot, concrete sidewalks, curbs, curb ramps, pavers, street lights, and landscaping... etc, located at the NW Corner of Dr. PROJECT DESCRIPTION MLK Junior Blvd and Jefferson Blvd in South Bend. 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 Bend wbidAere, a part of the above Contr.pt,. Executed t6 tlr da of G�art� 2018 Walsh & Kelly, Inc. - - Company Name 24358 SR 23 Company Address Name South Bend, IN 46614 City, State, Zip WITNESSETS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin JELIM and acknowledged his/her signature to the above Project Completion Affidavit on the �1 ay e€ �t'�i119 201 8 Notair ja ure _ My Commission Expires 6/5/22 Alisha Krueger Printed Name County of Residence St. j o, ,Ph If the Contractor is a corporation, the following certificate will be executed. I,w[�t certify that I am Secretary of the Corporation executing this release; that Dist -ill Minry who signed this release on behalf of the contractor was the NI 011it VP of 1'kmth-,R'Pnd Ai-rnn of said Corporation; that said release was duly signed for and on 'a 4# Cor, 6ation by xAt ity of iKrn7inbody, and is within the scope of corporate powers: w*•«•...... 4y 00. �. . SecretVarme gnature F� ' C) �Cor "e-Seal %.I _. ..0 E Printed �� •.....P M. �� DEPARTMENT OF PUBLIC WORKS APPROVAL IAN This project is acceptable ford approval and we recommend to the Board of Public Works that it be ordained W.11111110% "� • Date: ► t Construction M er �BOARD OF PUBLIC WORKS APPROVAL Date: 4)"' , .( Gary A. Gilot, resident Suz rr M„ Fntzberg, Member Elizabeth A.� aradik, Member T erase J. Do�auMe�� g CUtudl'er, Member Linda M. Martin, Clerk l Maintenance Bond That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 Surety 0 + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Bond No. MNT 8245-58-56-2 Amount $43,357.32 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, Board of Public Works 227 W. Jefferson Blvd., Room 1316 South Bend, IN 46601 Forty Three Thousand Three Hundred Fifty Seven Dollars (hereinafter called the Obligee), in the amount of and 32/100 ($43,357.32 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 10th day of December, 2018. WHEREAS, the said Principal has entered into a contract dated September 12 2017 for: Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid C - Project No. 117-064 And Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid C - Project No. WHEREAS, the said Principal is required to guarantee the 1 17-064 installed under said contract, against defects in materials or workmanship, which may develop during the period December 10, 2018 to December 10, 2021 Form 15-02-0075FED (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 shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period December 10, 2018 to December 10, 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. Walsh & Kelly, Inc. m By Lynn ,.1 yser, VP of South Bend OWrat o i� N� N" Form 15-02-0075FED (Rev. $117) CHUE3B° 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 Eric M. Wahlstrom each as their true and lawful Attorney -In -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. Surety Bond Number: MNT 8245-58-56-2 Obligee: City of South Bend, Board of Public Works 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 15u day of September, 2018, Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Hunterdon SS. �At gc-" Stephen M. Haney, Vice President On this 15N day of September, 2018, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome 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 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 ofAttorney Is In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponent's presence. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY a No, 2316086Commission Expires Julyte, 2019 NoaryFubile 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, recognlzances, contracts and other written commitments of the Company entered Into In the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for In such person's written appointment as such attorney -In -fact. (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 specified In such written appointment, which speclficatlon may be by general type or class of Written Commitments or by speclflcatlon 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 behalf of the Company, to delegate In writing to any other officer 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, whichspeclficatlon may be by general type or class of Written Commltments or by specification of one 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 Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an 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 Ilmlt or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power ofAttorney Is true, correct and In full force and effect. Given unde,i my hand and,seals of said Companies at Whitehouse Station, NJ, this December 10, 2018. i Dawn M. Chloros, Assistant Secretary '��INTHLEJENTYgUWtlSk1TKDVERIFY THE AUT'H'INTiCIiYliPT991SBOND ONN@T!IYUSOFACiYOT'ItERItlAtCEVtPLEAS EC0'NTAtT''USAM M ` / 4 FEO-I G-Pi (tsv.O$ 18) U BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01 /15/2019 Department Public Works Name T..... �..��..._..........,� Y �m�....�...................._... oy Villa_ f Division/Bureau Engineering BPW Date 01/15/2019Phone Extension 5920 mnu� mmmmmmm�92.9&x rem000000 uuuuuuuummmmmmmmmmmmmmmmM M mmmmmmmumWm ##= r ....�,�,..� ...._ _.._____..� ....W.,.................... __ ............. ........ _W.W. Required 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 El Check themm l_.-.IAgreement D Professional Services Bid Opening El Quote Opening F] Change Order No. ❑I Ease/Encroach. F-1 Other: iropriate Item Type — fe _,quired for All Submissions El Contract .... E] Resolution ❑] Bid Award ❑, Req. to Advertise Quote Award ® C/O & PCA No. 1 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 Required Information Walsh & Kell m Inc. _ _.... _ ❑ Yes F1 No ❑ If Yes, Approved by Purchasin Addendum ❑ Title Sheet MBE WBE �] NoMarriott Hotemm -S' Yes Name of te p at Hall of Fame Phase 3 Compuw 117-064 RWDA TIF 324.1050.460.42.01— mDivision Cw Purpose/Description Proiet Closeout. _ ctor' s ❑, Required Contra s Certification FormAttached _ (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) .............. ...m m. Required For Chang Orders Only ___...._ Amount of Increase $ ... w ® Decrease $ 5,138.16 Previous Amount $ 438,711.32 Current Percent of Change:_....._117%.�.�.�.�......_��_�.�.....mwW��._ ..... ..�_........._.._..�..................vv .,�.m New Amount 4337 Total Percent of Chan e. _ _ mm 17% -1 �� ............ _. �m,_............ �w�� .. Dispersal After A r rovaI Copy Original ❑ ❑ ❑ ❑