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HomeMy WebLinkAboutChange Order No 1-PCA - Small Drainage Design and Repair Project No 118-063 - GE MarshallPw 1316 COUNTY -CITY BUILDINGS PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD �` IWACK FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-I 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 27, 2019 Frank Marshall G.E. Marshall, Inc. 1351 Joliet Road Valparaiso, IN 46385 RE: Change Order No. 1 (Final)/Project Completion Affidavit - Small Drainage Design and Repair, Division A — Project No. 118-063 Dear Mr. Marshall: The Board of Public Works, at its meeting held on August 27, 2019, approved the Final Change Order for this project, for a decrease of $18,521.47. The new Contract sum is $117,106.53. In addition, the Project Completion Affidavit for this project was approved in the amount of $117,106.53. 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�� DEPARTMENT OF PUBLIC WORKS, PROJECT CHANGE ORDER' DATE: 7/22/2019 PROJECT NO: 118-063 PROJECT NAME: Small Drainage Design and Re air DivA CONTRACT DATE: 12/20/2018 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #1-AdLstment to Final Quantities. All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 135,628.00 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order $ 135,628.00 By this Change Order, the project amount is Increased � Decreased $ 18,521.47 The new contract sum including this change order $ 117,106.53 This Change Order represents a total change of -13.66 % Total change for entire project -13.66 % Original contracted completion date/time 6/7/2019 Extension of date/time by previous change orders ....._ 0 days Date/time extension by this change order 0 days New completion dat me 6/7/2019 C NTR RECOMMENDED FOR APPROVAL Contrac o Signature CONSTR ON MANAGER CITY OF SOUTH BEND Frank A. Marshall President Printed Name and Title BOARD OF PUBLIC OJRS00 Approved Date G.E. Marshall Inc. Company Name K Uk. ty A. Gilot, President Small Drainage Design and Repair DivA Address Valparaiso, IN 46385 City, State, Zip Genevie%4e E. Miller, 1yember Elizabeth A. Maradik, Member �rese J orau, Member Laura O'Sullivan, Member ,"'i Woo CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT AMA PROJECT NAME Small Drainage Design and Repair DivA PROJECT NO 118-063 FINAL COST $117,106.53 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 any pavement, curia, 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, d that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend wl1ch were a part of toCoNe Contract. 8th day ture Fran' „;. Marshall, Presiden 2019 _ G.E. Marshall Inc. Company Name 1351 Joliet Rd. Company Address City, p +i P'rinte rive Valparaiso, IN 46385 `��111 111 State, Zip �� '"��M`�'`�,�s . WITNESSESS: .'d� », Before me, the undersigned Notary Public in and for said country and state, personally appeared Z *, Nora Taylor Burkern , and acknowledged his/her signature to the above Project Completdon Affi , "i « � the 8th day ,Aat ust 01 9,�Ct." > Notary SN 9/21 2021ure M Commission Expires 1"i Al" Taylor A. Bur e 111111 �' Printed Name County of Residence Tzke If the Contractor is a corporation, the following certificate will be executed. I, Roger W. Marshall certify that I am3A&4te &? oration executing this release; that gFrank a rs all who signed this release on behalf of the contractor was then re s � dent of said Corporation; that said release was duly signed for and on behalf of said or n by Authori f ' Bove ling body, and is within the scope of corporate powers: loo ^� 3kr C ' Srgnatvre-- V e resident Corporate Seal Roger W. Marshall Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL table for f pprovat and we recommend to the Board of Public Works that it be ordained so. Thipro� t is acceptable tl p Date: Constructio 'der Gary A. Gilot, President Therese J. BOARD OF PUBLIC WORKS APPROVAL Genevieve E. Miller, Member Laura O'Sullivan, Member Date: Eliabet A. Mara ik, ernber Linda Martin, Clerk. Bond No: MNT 7659093 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we G.E. Marshall, Inc. hereinafter called Principal, as Principal, and Fideli and Deposit Com an of Ma land a corporation of the State of I L , Schaupnbura ILr_ , hereinafter called Surety, as Surety, are held and firmly bound unto City of South Bend Indiana,,Board of Public Works hereinafter called Obligee in the sum of Eleven Thousand Seven Hundred Ten Dollars and 65/100 $11,710.65 DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 6th day of August 1 9 2019 , WHEREAS, the Principal entered into a contract with the said Obligee, dated December 20 2018 for Small Drainage Design and Re air, Pro ect No. 118-063 and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the 25th day of July 1 2019 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of three (3) years from the date of completion and acceptance of the work performed under the contract, caused by defects "aadt�: materials or workmanship, then this obligation shall be void:. otherwise it shall be and. remain in full forcew �� 4v.. oRpo J Kathryn R. Posima CON800107Z0601 f G.E. Marshall.Alnc, 1 SEAL M` F tak Marshall, President , VEPO10 Fidelity and Deposit Company of Ma la .4 ra By: IO David M. Oliger , Attorn act., Bond Number MNT 7659093 City or South Bend, Indiana, Board of Public Obligee works ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint D-ayd M, Qjjg2L , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND $%. By. Robert D. Murray Vice President Q4- ot. By. Dawn E. Brown Secretary State of Maryland County of Baltimore On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, AtlgMqy4-jti-7ragt. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of August ,2019 . �r SEAL a4 �� Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.re ortsfelaiffna zuric tia, rat 800-6264577 Final Waiver of Lien State of Indiana, County of Porter SS, Frank A Marshall being duty swomthat he/sheisthe President (Name of Officer) (Title) of G.E. Marshall, Inc _ having contracted with City of South Bend Dept of Public Works (Contractor) (Owner) to furnish certain materials and/or labor as follows: Storm. Sewer and Grading (Description) p Small ___..... _..._._ �,......._. a. g pair D ivA fora project as Draina a Design & Re ........___.._� . � ..., (Name of Project) located at Hawbaker Drive and owned by (Owner) and does hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars ❑ receipt of which is hereby acknowledged; or ❑ the payment of which has been promised as the sole considerations for this Affidavit and Final Waiver of Lie,a which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; One �adred) sevent balance due from the contractor is the sum of / mm (FINAL WAIVER that the fines W 106.53 n thousands'one hundred six 5 117, ❑ 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 premjs s, any and all liens or claims whatsoever on the above -described property and improvements thereon an account of labor or water' I or both, furnished b the tndersigned thereto, subject to limitations or conditions expressed herein, if any; and further certlfl #hatno other fear as int or right to a lien on account of any work performed or material furnished to the undersigned for so' project, and wit a cope ftbis Affidavit and Waiver of Lien. G. E. Marshall Inc . BY .._.. _.:. STATE 0.— .. ..._ (F) (Authorised Repres ntative) F INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County' nd State, personaily appeared Frank A Marshall and acknowledged the execution of the foregoing .affidavit and Waiver of Lien. IN WITNESS WBEREOF, I have hereunto subscribed my name and affixed my off ial seat on the 12 day of Aug , c 200 , No ublic S fi aturo ,► tTl i' ii-1, iMY r0;0 ° i My Commission Expires, pires, � .�._.� � ���aa� ���W�� •�� ��^ w" �. Lorri 1�i1..ler�" , � a, g County, IN Notary Pobli Naaiet tt�r« Residing m Porter _ - PUBLIC NZ 'S/ON f0,)NI" yyw, tt� BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8 14/ww2019 Name Toy Villa m_w Department: Engineering BPW Date 08/27/2019 Phone Extension 5920 LAIbDPfflblG9mNl9®lN,i�t NGf�'/tl FNnYVWNIIX4fldYW Board_ ____..................... .........1 BPW Attorney], Attorney Name Dept. Attorney Purchasing FE Check the Arfty Attorney Name Item Tvne 0 Professional Services Agreement ❑ Contract ❑ Open Market Contract f-I Amendment/Addendum E Bid Opening E] Bid Award E Quote Opening ❑ Quote Award Proposal Opening ® C/O & PCA No.l Final Chg. Order, No. Traffic Control F-1 Other: Information Company or Vendor Name G.E. Marshall, Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All i Submssions �Proposal LJ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet Reject Bids/Quotes PCA Resolution Ease./Encroach Yes❑ If Yes, Approved by Purchasing No MBE Completed E-Verify Form Attached Yes No Si all Diili.Il xgc Deslg!l.aiid Repair 118-063 ....�����.�.�.�.�.�.�.. �.................... .w__..�..�.,............__. ExpenContractual Service .._.�....._..�....... SSDA TIF /Utility..............ww�._..........�..._. Expense/ Fund 430.1050.460.42.01 Proiect Closeout Amount .........:.:.. .......wm, �wm For Chan Orders Only ... _ ... t of Increase Decrease ($ 18,521.47) Previous Amount $ 135,628.00 Increase m.. �....._......% e: Decrease . Current Percent of Chan .1..3.6...............6 g (6% New Amount $ 117,106.53 Increase _% Total Percent of Change: Decrease13.66% Time Extension Amount: New Completion Date: �.. _.m.m..m.m.............� �� ._._............._...