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HomeMy WebLinkAboutChange Order No 1 & PCA - Small Drainage Design and Repair Proj No 118-063 - Selge ConstructionBUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND- INDIANA 46601-1930 CITY OF SOUTH BEND P BOARD OF PUBLIC June 25, 2019 Robert Kuhns Selge Construction Co., Inc. 2833 S 1 lth Street Niles, MI 49120 PHONE 574/235-9251 FAX 574/235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit - Small Drainage Design and Repair, Division B — Project No. 118-063 Dear Mr. Kuhns: The Board of Public Works, at its meeting held on June 25, 2019, approved the Final Change Order for this project, for a decrease of $4,148.87. The new Contract sum is $100,619.41. In addition, the Project Completion Affidavit for this project was approved in the amount of $100,619.41. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA Vx A; DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER a " DATE: 5/30/2019 PROJECT NO: 118-063 PROJECT NAME: Small Drainage )esign and Repair DivB CONTRACT DATE: 12/20/2018 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #1-A0justment 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 CONTRACTOR I P Contractor Signature Robert Kuhns, Project Engineer Printed Name and Title Sel a Construction Co., Inc. Company Name 2833 S. 11th Street Address Niles, MI 49120 City, State, Zip HIncreased X Decreased 6/7/2019 .... 0 days 00 d� 6/7/2019 $ 104„768.28 $ 0.00 $ 104„768.28 $ 4,148.87 $ 100,619.41 -3.96 % -3.96 % REOMMENDED FOR APPR M ---r-- Njz! CONSTRU N MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WO KS Approved Date: L " m oi% Gary A. Gilot, President Genevieve E. Miller, Member Elizabeth A. aradik, Member Therese J. Doffiu, Member Laura O'Sullivan, Member CITY OF SOUTH BEND, INDIANA " BOARD OF PUBLIC WORKS �- PROJECT COMPLETION AFFIDAVIT " PROJECT NAME Small Draina a Design and Repair Diva PROJECT NO 118-063 FINAL COST $100„619.41 CONTRACT SIGNED _. _. ......... 12/20/2018 MAINTENANCE AGREEMENT ENDS Provide and install various stormwater drainage improvements along and near Hawbaker PROJECT DESCRIPTION Street, Olivia Circle, and Creekwater Lane including a pavement, curb, and sidewalk repair. 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. �. eked thi� day of June 201 9 3e1ge Con tru bon Co.„ Inc Company Name Signature 2833 S. 11th Street Company Address Printed Name Niles, MI 49120 Project Engineer City, State, zip WITNESSESS: Before me the undersigned Notary Public in and for said country and state, personally appeared RcbEX,L KWin a and acknowledged his/her signature to the above Project Completion Affidavit on the 3 d day of JLme 1201 9 N. MwP Notary Signa@tare My Commission Expires 07/25/2020 �NOTAR � MPUBLIC CO BSS ON Z Vicki Priest Berrien " Printed Name County of Residence � 71. 25 2020�^�* �, l be executed. 1, the Contractor is a Vicki APcorporation, the following cefica, certifythat tell am Secretary of the Corporation executing this releaz,�k -t�--P._ , who signed this release on behalf of the contractor was then 'rn,i�q,wt Praj ec of said Corporation; that said release was duly signed for and on behalf of said Co r o ation by Authority of it cpliaverning body, and is within the scope of corporate powers: 77 ° Secretary's Signatures Corporate Seal _Vicki A. Priest Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date: Go Construction Eger Gary A. Gilot, President Therese J. Dor e . er BOARD OF PUBLIC WORKS APPROVAL Genevieve E. Miller, Member Laura O'Sullivan, Member Date: d 02 4 i tizabe . aradik„ Member M. Martin, Clerk MERCHANi7S7�� 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. INC60763 That Selge Construction Company, Inc. 2833 S. 1 lth Street, of Niles, MI 49120 as Principal„ and the Merchants Bondin , Cora pang Mutual as Surety are held and firmly bound unto the 'City of "outhl Bend, Indiana, 22.7 ''Vest Jefferson Boulevard„ South Bend, fN 46601 in the penal sum of Ten Thousand, Sixty-one and 94/100 ($10,061.94 ) 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. Signed and delivered this 4th day of June 2019 WHEREAS, the Principal entered into a certain contract, dated the 20th day of December 2018 with the City of South Bend, Indiana , to furnish all the material and labor necessary for the construction of Small Drainage Design and Repair Division B, Project No. 118-063 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 111 ra - 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 Bonding Cont pan Mutual' for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of South Bend, Indiana as aforesaid; 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 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. Selge Construction Company, Inc. Princi a1 6v Approved Robert P. Kuhns Projcct Engineer By Merchants Bonding Company (Mutual) C By I. L(" CON 0304 (2/15) Elaine K�,Miller, Attorney -in- 'act !�!� . R,C H,w s 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, Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jada M Karst; Jessica K Callahan; Marie E Comparet; Melinda Jagger; Thomas J VanDyck; Tom McGovern 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 14th day of July 2017 MERCHANTS BONDING COMPANY (MUTUAL) W MERCHANT NATIONAL BONDING, INC, 2003 ;°M % 1933 : By *"* ,e `" .O .w' *. ""� '"",• President STATE OF IOWA�'"'+'..w"'�* COUNTY OF DALLAS ss. On this this 14th day of July 2017 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 respective Boards of Directors. ALICIA K. GRAM Commission Number 767430 My Commission Expires ApOI1,2020 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 4th day of June , 2019 4 ' Cr y 0� " * P I *. " 4; « .' o- a-°"= " _ °. 2003 1933 * Secretary v xw^y+ , *e%yrJ •" ..x°'",rq*.. �Myra..W wtw.w_'�Jr�* POA 0018 (3/17) Final Waiver of Lien State of Indiana, as: WHEREAS, the undersigned Selge Construction Co. li1q, has been heretofore employed by the_LLity of �South South "liana to furnish certain material and labor, to wit: Small Drainage _Indi� Design and Ike pai r # 118 -06 ' 3 for the real estate owned by the City of South Bend located in South Bend, IN County of St. Joseph State of Indiana, Now Therefore, Know Ye, That the undersigned, for and in consideration of Fjfty Three '11iousand Five Hundred Seventy Dollars and Sixty Six Cents ('$53.570.66). the receipt of which is hereby acknowledged, hereby and now waives and releases unto the said owner of said premises, any and all lien, right of lien or claim of whatsoever kind of character on the above described real estate. TO AND FOR SAID AMOUNT, an account of any and all labor material, or both furnished for or incorporated into said real estate by the undersigned up to this date, and we further certify that the consideration moving to the undersigned for executing this Final Waiver of Lien has been mutually given and accepted as final payment to or on account of the said project for said real estate. Signed, sealed and delivered this 3rd day of June, 2019. Signed Robert Kuhns Project Engineer Personally appeared before me this 3rd day of June, 2019, Robert Kuhns, who, being duly sworn on oath, says: That he is Project Engineer of the Selge Construction Co., Inc. and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Selize Construction Co.,Inc. My Commission expires: O/25/2020 Z('111("!ff (",ill, I x Notary Public NOTAR)�'% 5t PUBLIC I 03 4 My COMMISSION wq EXPIRES 7-25-2020 C 0 Ifloillwos, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/17/2019 Department Public Works �.. . oy Villa Division/Bureau Engineering Name T...... :.. - BPW Date 06/25/2019 Phone Extension 5920 MIY�Y�Y�IUI�NNIYINBIGvkts:;w`�tiNW'if�'v?I VWI^INVNN'tle,.P .,a. ,v—„,rv.:sm�...c^50D MW!WWNVWIV4IVWNWNWYAS' 4�3 ,'+,+ri yeti:_+<aaa�wuuNPMBNIY��PH1"XYiA�IPIfl!!!VMPN9�PMMMY,`M;4i�k'"�'..c5i m mm _ Required Prior to Submittal toy 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 E] Check the L Agreement Amendment El Professional Services Bid Opening El Quote Opening El Change Order No. ❑ Ease/Encroach. Other: ropriate Item Type — I � Contract E] Resolution or All Submissions roposaI EJ Bid Award E] Req. to Advertise El Quote Award ® C/O & PCA No. 1 Final ❑ PCA ❑ Traffic Control: Reauired Information Company or Vendor Name Selge_Construction Terms of Contract Purpose/Description Project Closeout New Amount $ 100,619.41 Total Percent of Chance: 3.96% Dispersal After Copy Original ❑ ❑ ❑ ❑ Addendum ❑ Title Sheet