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Home My WebLink AboutChange Order No 2-PCA - Great Lakes Capital Spec Building Paving Project No 118-058 - Walsh & Kelly Inc.o 186 CITY OF O' BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLICWORKS July 23, 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. 2 (Final)/Project Completion Affidavit - Great Lakes Capital Spec Building Paving — Project No. 118-058 Dear Mr. Hilary: The Board of Public Works, at its meeting held on July 23, 2019, approved the Final Change Order for this project, for a decrease of $11,055.90. The new Contract sum is $323,665.80. In addition, the Project Completion Affidavit for this project was approved in the amount of $323,665.80. 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, ik 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 �W DEPARTMENT OF PUBLIC WORKS ` PROJECT CHANGE ORDER " DATE: 6/4/2019 PROJECT NO: 118-058 PROJECT NAME:. Great Lakes Capital Spec Building Paving CONTRACT DATE: 10/9/2018 CHANGE ORDER NO: 2(Final) SUBJECT OF CHANGE ORDER: PCR #2-Adjustment to Final Quantities. All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 447,834.20 Net change by previously authorized change orders $ -113,112.50 The contract sum prior to this change order $ 334,721.70 By this Change Order, the project amount is Increased P Decreased $ 11,055.90 The new contract sum including this change order $ 323,665.80 This Change Order represents a total change of -3.30 % Total change for entire project -27.73 % Original contracted completion date/time 11/9/2018-- Extension of date/time by previous change orders 10 days Date/time extension by t is c nge order 0 da s a New completion datrT, 11/19/2018 C RECOMMENDED FOR APPROVAL - Contr r Sign tore CONST °ION MANAGER CITY OF SOUTH BEND Dustin Hilary, SB Area Vice President Printed Name and Title BOARD OF PUBLIC W RKS Approved Date. 00 Walsh & Kelly, Inc. Company Name Gary A. Gilof, President 24358 SR 23 Address South Bend, IN 46614 City, State, Zip JJt _. iGeneviojeEMiller ember s eth A*ik.'Member Ther orwber i. y A el Nw obi r ar a,,w CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS .°` ° -ell PROJECT COMPLETION AFFIDAVIT PROJECT NAME Great Lakes Capital Spec Building Paving PROJECT NO 118-058 FINAL COST $323,665,80 CONTRACT SIGNED 10/9/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Install asarklr� Poi and drivewa movements at 5545 Chet Waggoner Court. 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 tha contractor performed the work within the scope of the Specifications and Standards of the City of South Bend wN�iot. er part of UPke above Contract. Executed th Sig Name WITNESSESS: Before me, the undersigned Notary Public in L Uad Hi l= , and acknowledged the 24th d y pf Lme „ . , 201 Notary 0<911 l Alisha Krueger Printed Name Walsh & Kelly, Inc. Company Name 24358 SR 23 Company Address South Bend, IN 46614 City, State, Zip and for said country and state, personally appeared is1l�§jg ornplet ton Affidavit on ALISHA KRUEGf:R ,r�0 "-, Notary Public, State of Indiana `;SEAL': ST,Joseph Counry om ssi.on Expires j >,c ommys�lon sslirg� SIX" une 22 5, 2022 County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. I, J. Michael Schaum certify that I am Secretary of the Corporation executing this release; that Dustin Hilary who signed this release on behalf of the contractor was then VP of '" '-" - of said Corporation; that said release was duly signed for and on behalf of said Corporation t 1 ity of it v Ing body, and is within the scope of corporate powers: ryt + m Secretary° Signature erporatp J.J. id el Schaum Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL 0 0o,p This project is acceptabl fo f w I approval and we recommend to the Board of Public Works that it be o"t alned'so � Mw ��Date: �ts , ConstructiotAymager Gary A. Gilot, President i�erese J. 41 rau, Me fiber BOARD OF PUBLIC WORKS APPROVAL Geiler/ieve E. Miller, Member Date: ` /') : .,q,l °J �-- Efi—zabelh A. Ma adik, Member da M. Martin, Clerk Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Maintenance Bond BondNo.MNT 8246-60-16 Amount$32,366.58 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 Board of Public Works, City of South Bend, Indiana 227 W. Jefferson Blvd. South Bend, IN 46601 (hereinafter called the Obligee), in the amount of 58/10o Two Thousand Three Hundred Sixty Six Dollars and for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 4th day of June, 2019. WHEREAS, the said Principal has entered into a contract dated October 9 , 2018 for: Great Lakes Capital Spec Building, Project No.: 118-058 And WHEREAS, the said Principal is required to guarantee the Great Lakes Capital Spec Building, Project No.: 118-058 installed under said contract, against defects in materials or worlunanship, which may develop during the period June 4, 2019 to June 4, 2022 Form I5-02.0075FED (Rev. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the saidguarantee, and shall, on due notice, repair and makegood atits own expenseanyand all defects in materials or worlananship in the said work which may develop during the period June 4, 2019 to June 4, 2022 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:` 0 ✓;� k 4 Bn✓ o use m n 1 :]�,�Of''Souris Bejid Area a� /pIpf Federal Insurance Company By M Attorney -in -Fact David M, Oliger Form I502-MSFM (Rev.5/1n CHUBES' 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 Lisa M. Becker, Tia A. Boice, Terry R. Hurst, Brian T. Morton, David M. Oliger, Kathryn R. Postma, 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 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. 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 61 day of March, 2019. Rival Al. Chloros. Assistant Secretary STATE OF NEW JERSEY County of Hunterdon Stephen Ai. I lancy. Vice President d4P. , w On this 6t, day of March, 2019, 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 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 said 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 of Attorney 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 ROSE CURTIS +n NOTARYPIIBl1COFf1ElrfJf31BEY rabW 10724 f *Om* 2 . teat Av" N(aaiy Public 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, undertaldngs, recognizances, contracts and other written commitments ofthe 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 of the 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 (Unupany,to appralnt In wrltlptg any Person the Attorney, in -fact of the Company with full power and authority to execute, for and on behalf (it the company, 'under the seal of the company or ofl rwise, upch Written Commitments of the Company as may be specified In such written appointment, which specification may be by general type or class of Written Commitments or by specification 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 spedfied In such written delegation, which specification may be by general type or class of Written Commitments 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, maybe 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 limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. - 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 of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, rip, this June 4, 2019. .,. �� lkivnn R9.(:hl(x•cr;./icalstaln15ecreal pqII� If( yHli U WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Ill.•_.... , - EVENTYO...I,e,Pb("irtre(,�OfIlrI034L.. Fax(i)OS)903-3656mmm _ e-mail: xur�etyticYvtMbbmcrpuA . ..,...._,_", ....._,....�.�._.._.... FED- VIG ,PI (rev,' 08.18) Final Waiver of Lien State of Indiana, County of _ it. -J e l SS: Dustin Hilaryg dui Area Vice President being y sworn that he/she is the South Bend erne of Officer) (Tide) of Walsh & Kelly, Inc.th...... having contracted with j!K —m_'Git_ Of South ._Be nd (Contractor) (Owner) to liirnish ceitaln materials and/or labor as follows; s halt Payinq and Concrete Work (Description) for a project known as Greatp p g Lakes Capital Spec Building (Name of Project) located at � 5545 Chet goner Court, South Bend, +I�It of South Bend Indiana IN 46628 _ & KEG and owned by y and does hereby Author state on the behalf of the aforementioned subcontractor/supplier: — G r� (PARTIAL WAIVER) that there is due from the Contractor the sum of «« SEAL Dollars �� _d�� 4t1'111111111N ❑ receipt of which is hereby aclaiowledged; or ❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien 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) ..�w"._.,..�_.. that the final balance due kom the contractor sum of 132: 68008 the .. ❑ receipt of which is hereby acknowledged; or ® 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, in end all liens or claims whatsoever on the above -described property and improvements thereon an account of labor or material orb ,1hruished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certified a other rty has any claim or right to a lien on account of any work performed or material famished to the undersigned for ,Icct ei !thin the scope,ofthi's Affidavit and Waiver of Lien. r 17 Walsh & innKInc. B��F) utlaot°i rl Ipresrzttivci STATE OF INDIANA ) Lin Hilary, South Bend Area Vice President SS: 5T, IOSEPH COUNTY Before me, the undersigned, a Notary Public, In and for said County and State, personally a peared Dustin Hilary and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. 25th IN WITNESS WHEREOF, I have hereunto subscribed my na and affixed myofficiat on the day of June 200 My Commission e_ ....._. r23 Elizabe Rosldin im Marshall county, Indiana _y th Tur in wa N! "°IC'na c�i Griddana a:u�ty E�uees�Cl�' BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/03/2019 Name Toy Villa Department Enn icneerin BPW Date 07/23/2019 Phone Extension 5920 nm��i�ewra�w�urr�nma�imumumuHiHiHUHUHuuumwuwiruuwuwuwuwuwuwuuiuiuiuiuiuiuvw.winiw.�Nwuwiuiuwuwm�m�. �...:,�� -- rr��wru wuuuummimuuuuuuuuuuuuuuuummmm�muWuuuum uu�vurr�arair�u!m�wrrwwwwwvmn ....... ww �nnm,nmrmcrar�.� Re wired Prior tomSubmittal to Board Legal [J Attorney Name Controller Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing [� Check the A " Agreement Professional Services ❑J Bid Opening El Quote Opening ❑ Change Order No. [� Ease/Encroach. ❑ Other: lro riate Item T.y ❑( Contract Resolution ❑ Bid Award ❑ Quote Award ® C/O & PCA No ❑ Traffic Control l e _►rq for All Submissions Proposal ❑ Req. to Advertise 2 Final ❑ PCA ired Information Company or Vendor Name Walsh & Kelly, Inc. Addendum ❑ Title Sheet New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Great Lakes Capital Spe�c B.u.!..l.din..g,................. __� ��.�.�.�.�.�.�..............................��m.................._w Proiect Number 118-058 Funding Source RWDA TIF Account No. 324.1050.460.42.04 Amount $ Terms of Contract Purpose/Description Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion,. Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc. Required For Chancle Orders Oni Amount of F-1 Increase $ Z Decrease $ 11,055.90 Previous Amount $ 334,721.70m Current Percent of Change: 3.30%� New Amount Total Percent of Change Copy Original n El $ 323665.80 27.73% mm Dispersal After Approval