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Home My WebLink AboutChange Order No 3-PCA - Ravina Park Bowman Creek Stabilization Project No 117-073A - Williams Creek Management Corporation1316 COUNTY —CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI1TH BEND. INDIANA 46601-1 830 "'Ott"I'IJ 4" 40 ra as IIII�S CITY OF # BEND PETE BUTTIGIEG, MAYOR BOARD ROF PUBLIC January 22, 2019 Aaron Lasley Williams Creek Management Corporation 4620 S. County Road 600 East Plainfield, IN 46168 PHONE 574/235-9251 FAx 574/235-9171 RE: Change Order No. 3 (Final)/Project Completion Affidavit - Ravina Park - Bowman Creek Stabilization —Project No. 117-073A Dear Mr. Lasley: 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 $3,125.30. The revised contract sum is $246,143.70. In addition, the Project Completion Affidavit for this project was approved in the amount of $246,143.70. 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 LAURA O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANAr` DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER r" DATE: 12/19/2018 PROJECT NO: 117-073A PROJECT NAME: Ravina Park — Bowman Creek Stabilization CONTRACT DATE: 7/24/2018 CHANGE ORDER NO: 3 (Final) SUBJECT OF CHANGE ORDER: PCR #3-Adjustment to 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 New completion date/time moo a -- Printed Name and Title Williams Creek Mana ement Cor oration Company Name 4620 South County Road 600 East Address Plainfield„ IN 46168 City, State, Zip $ 271,,710.00 $ -22,441.00 $ 249,269.00 Increased Decreased $ 3,125.30 $ 246,143.70 -1.25 % -9.41 % 9/30/2018 _.,.m ...... ........................... 48 days 0 days 11/17/2018 RECOMMENDED AfTSQYAL CONSTRUCQSN MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC ORKS Approved Date: 0 11, Gary A. Gil6t, President Suzanna M. Fritzberg, Member L Elizab beth A. Maradik, Member The1W J. Gbrau, Member 'Z:� -, S7 ullr... ....tuber L2GPVa-b � r.. JuWlva CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS.: PROJECT COMPLETION AFFIDAVIT " PROJECT NAME Ravina Park — Bowman Creek Stabilization PROJECT NO 117-073A FINAL COST $246,143.70 CONTRACT SIGNED 7/24/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Provide streambank restoration to portions of the banks of Bowman Creek within Ravina Park. 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 which were a part of the above Contract. Exec -7d of 201 Williams Creek Management Corporation Company Name m- Sit a - 4620 South Count Road 600 East Company Address Printed Name Plainfield, IN 46168 City, State, Zip-ITITITIT_.._ WITNESSESS: fore arse„ the undersugned Notary Public in and for said country and state, personally appeared ' A and acknowledged his/her signature to the above Project Completion Affidavit on t � day of �'" , 201 Notary Sign re My Commission Expires r Printed Name County of Residence r 1 am If the Contractor is a corporation, the following certificate will be executed. 1, iL k elcertify that I am Secretary of the Corporation executing this release; that ,P, who signed this release on behalf of the contractor was then Vic "a. of said Corporation; that said release was duly signed for and on behalf of said Corporation city of its governing body, and is within the scope of corporate powers: ". ....�...__ r��rLA�Ugary 4UE7n! hc, State ana Secre ry s Signaturnar�Corporate Seal ��nirgri Prin ted Name ,�QP0" p�C� as DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for fU 'a approval and we recommend to the Board of Public Works that it be ordained so. Date: e Construction er' BOARD OF PUBLIC WORKS APPROVAL Date:„' Gary A. 640t„ President Su;piNia M„ Fritzberg„ Member Elizabeth A. IMarad'ik, Member herese J, orat mberN '...lqMe&A—IVLe1Ler Memberda M. MartinCl erk rrc `Sui/c i/0- MERCHANT77�k BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IowA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; Bond No. INC60194 That Williams Creek Management Corporation �.� a.... of Plainfield, Indiana as Principal, and the. .. y Merchants BondingnC onij)a iUl�utu 1) asSuretyare held and firmly bound unto tine < it of'South '.Bend Indiana, Boar of I" RIZ Wks 227 West Jefferson Blvd., South Bend, IN 46601 y in the penal sum of wentyFour Thousand Six Hundred Fourteen and 37/100 _ ($241614,37 DOLLARS, lawful money of the United States of America, for the µpayment 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. Signed and delivered this 3rd day of January 2019 WHEREAS, the Principal entered into a certain contract, dated the 24th day of July 2018 with the City of South Bend, Indiana, Board of Public Works to furnish all the material and labor necessary for the construction of Ravina Park Bowman Creek Stabilization; Project No. 117-073A in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the 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 three (3) . years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of South Bend, Indiana, Boaof Public Works as aforesaid; ...........�...._....rd .._.... ...... W-...._ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of -three (3) 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, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Williams Creek Manag went Corporation Principal By. Approved _.. -" — By Merchants Bonding Company (Mutual) y_.._.._ ......w CON 0304 (2/15) Robert E Sherfick, Attorney -in -Fact MERCHANTS BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jason D McEldowney; John W Hannon III; Robert L Sherfick their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 21 st day of June 2018 www wwwwwww.wwrw www www s."www O,:wp0`4*"ew w+ � �q� � ��p "" �r , " MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. 2003 io.«"` 133 By w S�^ ww ww wT President w*ww""ew w""+wwww w nwwwwwww STATE OF IOWA COUNTY OF DALLAS ss. On this this 21st day of June 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their Boards of Directors. -respective. ALICIA K. GRAM Commission Number 767436 P Ply Commission Expires April 1, 2020 w Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of January 2019 POA 0018 (3/17) wwwwwwwwurwwww wwwf I XO N I � w "w 003 � Y i* 4 ww www wwwwwwwww wwwwww Secretary Headquarters 4620 5 County Road 600 E, Plainfield, Indiana 46168 +1.317-838.9810 WChL +1.877.935-6609 TOLL FKE wllllannsereekmgt.eom 3 January 2019 Re: Ravina Park — Bownman Creek Stabilization Project No. 117-073A The City of South Bend, St. Joseph County, Indiana CONDITIONAL FINAL WAIVER OF MECHANICS' LIEN Final Payment TO ALL CONCERN: Upon receipt of the sum One Hundred and FifteenThousand One Hundred and Sixt -one Dollars and Forty Cents 115161.40 the undersigned, subject to the reservations contained hereinbelow, does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished through the 31 st of December, 2018 for the construction project commonly known as Raving Park — Bowman Creek Stabilization located at St.. Joseph County,Indiana and owned by TheCit of South Bend. Additionally, nothing in this Final Waiver of Mechanics' Lien shall in any way affect the priority of any lien filed after the date hereof. Further, the undersigned specifically reserves all lien rights for labor or work performed and/or material furnished after the 31 st day of December, 2018 on or to the above referenced project. THE INDIVIDUAL SIGNING THIS FINAL LIEN WAIVER ON BEHALF OF THE UNDERSIGNED, WARRANTS THAT HE/SHE HAS FULL AUTHORITY TO EXECUTE THIS FINAL LIEN WAIVER. Dated this 3rd Day of January, 2019. Williams Creek Manaaement Corporation "s ntative-�aignatu AX 6a u+5X&'r-/ V " y�jcES/ DON/ i Printed Na a e and Title BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/08/2019 Department Public Works . Name Toy ....... y Villa/Alicia Czarnecki Division/Bureau Engineering .... . ......... . BPW Date 01/22/2019 Phone Extension 5920 .. wwwW+.�,r .. iwwwwwwwwwwwwwuwmmmuwimuuerm�wrtaucnrmx... �a�rnmwm� ism „ - rwmnrmm�rmmmmuuuuuuuuuuuumumummuw iem �rm�w�wmmomomomomo�.mmm�ommmwwwmw�s� Red red 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 Check the . Agreement Amendment ❑ Professional Services F-1 Bid Opening El Quote Opening 0 Change Order No. Ease/Encroach. F Other: General Release Company or Vendor Name Trpriate Item Type — R Contract El Resolution d for All Submissions Proposal ❑ Bid Award EJ Req. to Advertise ❑ Quote Award ® C/O & PCA No. 3 Final ❑ PCA ❑ Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Required Information �.._9. .. rporation Williams Creek Mana ement Co UYes LNo Purchasina MBE �_ WBE _ No F-I Yes Name of Compan Ravina Park — Bank Stabilization 117-073A.............................._.................. Special LOIT — Mayor Proiects 257.0608.431.42.96 Addendum ❑ Title Sheet If Yes, Approved by Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Change Orders Only increase Amount of Decrease $ �� .. 3,125.30 Previous Amount $ 249,269.00_............................_.m.... Current Percent of Change: - 1.25% New Amount $ 246,143.70 ww _r_ .... �............_ Total Percent of Change, 9.41 % m ...� .._ ... . ....................................... .. Dispersal After Ap pro va.1...- Copy Original ® Kara Boyles, City Engineer Z El Alicia Czarnecki