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Home My WebLink AboutChange Order No 1-PCA - Farmington 14A Lift Station Project No 117-027 - John Boettcher Sewer and Excavating1316 COUNTY -CITY BUILDING j 227 W. JEFFERSON BOULEVARD SOI JTH BEND. INDIANA 46601-1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS September 24, 2019 John Boettcher John Boettcher Sewer and Excavating 3305 N. Home Street Mishawaka, IN 46545 PHONE 574/235-9251 FAx 574/ 235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit - Farmington 14A Lift Station Rehabilitation — Project No. 117-027 Dear Mr. Boettcher: The Board of Public Works, at its meeting held on September 24, 2019, approved the Final Change Order for this project, for a decrease of $23,125.23, plus an additional one -hundred, forty (140) days. The new Contract sum is $337,452.56 and the new project completion date is September 30, 2018. In addition, the Project Completion Affidavit for this project was approved in the amount of $337,452.56. 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 DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 09/10/2019 PROJECT NO: 117-027 PROJECT NAME: Farmington 14A Lift Station Rehabilitation CONTRACT DATE: 11/28/2017 CHANGE ORDER NO. 001 _ SUBJECT OF CHANGE ORDER: Credit 23 m125.23 Ad"usted Quantities Underruns & Overruns 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 CONTRA TOR ContrJ for Signature John W. Boettcher, President Printed Name and Title John Boettcher Sewer & Excavatin Company name 3305 North Home Street Address Mishawaka, Indiana 46545 City, State, Zip ❑ Increased ® Decreased $ 360,577.79 $ 0.00 $ 360,577.79 $ 23„125.23 $ 337,452.56 -6.41 % -6.41 % 05/13/2018 0 days ........ .......-..... 9/30/2018 (140 Days); Adjustment due to Electrical Cabinet Su plies Delay 9/30/2018 RECOMMENDED FOR APPROVAL M . ,� 09.23-Zvi 9 onstruction Manager CITY OF SOUTH BEND BOARD OF PUBLIC O �S Approved Date:" e- - M .w O'Sullivan, M Geneve E. Miller,al— ETJ�za6eTfituber A. M radik„ Member Therese J. rau, Member CITY OF SOUTH BEND, INDIANA�" r , BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT, PROJECT NAME Farmington 14A Lift Station Rehabilitation PROJECT NO. 117-027 FINAL $337,452.56 COST CONTRACT 11/28/2017 MAINTENANCE AGREEMENT 09/30/2021 SIGNED ENDS PROJECT Rehabilitation existing Farmington 14A Sanitary Sewer Pump Station DESCRIPTION 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. 1t'h _ y September 19 Executed this a of p 20 ,mm Signal re John Boettcher Print'. ame John Boettcher Sewer & Excavating, Inc. Company Name 3305 North Home Street ...... Company Address Mishawaka, Indiana 46545 City/State/Zip WITNESS Before me, the undersigned Notary Public in and for said country and state, personally appeared John W. Boettcher and acknowledged his/her signature to the above Pro'ec M NotaI'Mry Public, LEONARD �. ______. W..... , �� September on the 16th day of P.... 201„w9 � w"" �' °" „ N ublic, State of Indiana �r� Commission R 684989 'eA` My Commission Expires Notary Signature My Commission Expires May 9, 1plis'si^ "ss oly 09. 2024 nowl Elicia A. Leonard _................................... ............................ .._ Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. I John W. Boettcher certify that I am Secretary of the Corporation executing this release; that John W Boettcher m� who signed this release on behalf of the contractor was then President mmmmmm of said Corporation; that said release was duly signed for and on behalf of sa¢ 1 Corporation of its governing body, and is within the scope of corporate powers: ecre a °s Signature Corporate Seal John Boettcher T'riAt"dd 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. as ro 1" Date: D 9- 23- Zo/9 onstruction Manager B ARD Off" PUBIA ' C�'I�.S APPROVAL Date: q�� , „4sra'rllan, Me mberGar A. PresiGenevieve E. Miller, Member `y C 1& Eliza beffA. Maradik, Member T erese , DorCK Member nda M. Martin, ;lerk l" 0 pit CITY OF SOUTH BEND INDIANA ° w' tip: BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT i86 PROJECT NAME Farmington 14A Lift Station rehabilitation PROJECT NO. 117-027 FINAL $337,452.56 COST CONTRACT 11/28/2017 MAINTENANCE AGREEMENT 09/30/2021 SIGNED ENDS PROJECT Rehabilitation existing Farmington 14A Sanitary Sewer Pump Station DESCRIPTION WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend which were a part of the above Contract. Executed this 16th day of September b AJohn eBoettcher 111rinl-ed Name 2019 John Boettcher Sewer & Excavating, Inc. Company Name 3305 North Home Street _.. ... Company Address Mishawaka, Indiana 46545 City/State/Zip WITNESS Before me, the undersigned Notary Public in and for said country and stat , M John W. Boettcher and acknowledged his/her signature to the above Pro'e' cowl g$;�no alas o..... .._..oat . ._._.... , g g ) State cat Indiana rnm Of y September , 2019 on the 16th day of My Commission Expires Moy 09" 2024 Notary Signature My Commission Expires May 9„ Elicia A. Leonard Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. I, John W. Boettcher certify that I am Secretary of the Corporation executing this release; that John W Boettcher who signed this release on behalf of the contractor was then President of said Corporation; that said release was duly signed for and on behalf of saiu Cor oration,by,7�m ority of its governing body, and is within the scope of corporate powers: Secre a�°y's Signature oh Boettcher Corporate Seal 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: 499,23- ZV19 Construction Manager BOARD OF PUBLIC WORKS APPROVAL Gary A. Gilot, President Date: Genevieve E. Miller, Member Laura O'Sullivan, Member Attest: Elizabeth A. Maradik, Member Therese J. Dorau, Member Linda M. Martin, Clerk MAINTENANCE BOND 601128361 KNOW ALL MEN BY THESE PRESENTS, that we, John Boettcher Sewer & Excavating Contractor, LTD 3305 N Home St., Mishawaka, IN 46545 as Principal, and The Ohio Casualty InsuranceCompanyas Surety, are held and firmly bound unto City of South Bend Board of Public Works (hereinafter he reinafter called the Obligee), in the penal sum of Thirty-three Thousand Seven Hundred Forty-five Dollars And Twenty-six Cents Dollars $33,745.26 for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated: September 30, 2019 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee for Farmin_qton Lift Station 14A Rehabilitation; Protect No 117-027 and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall for a Principal shall for a period of 2mm(two) years from and after the date of the completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of the Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its home office in the city of Keene, New Hampshire promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. John Boettcher Sewer & Excavating Contractor, LTD 3305 N Home St., Mishawaka, IN 46545 ...._�.--.....��..m._.� n. _... vw�w (Principal) By: A— .mm John ettcher C.` V#A The Ohio Casualty Insurance Company 62 M le Avenue, Keene, ew Hampshire 03431 By: 142_,_� Gregory S Miller (Attorney -in -Fact) POWER OF ATTORNEY The Ohio Casualty Insurance Company Bond Number:601128361 Principal: John Boettcher Sewer & Excavating Contractor, LTD 3305 N Home St.., Mishawaka, IN 46545 Agency Name: RICHARD S. MILLER & SONS, INC. Obligee: Cit of South Bend Board of Public Works Agent Code:133847 Know All Men by These Presents: That The Ohio Casualty Insurance Company, pursuant to the authority granted by Article IV, Section 12 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company, do hereby nominate, constitute and appoint: Christian L. Barnes; Gregory S. Miller; Benjamin R. Nehls of BREMEN, Indiana its true and lawful agent(s) and attomey(ies)-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, UNDERTAKINGS, and RECOGNIZANCES, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene, New Hampshire, in their own proper persons, The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(ies)-in-fact In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of said Company this 26th day of September, 2016, tN& CO ir 0 1919 x *yob David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 26th day of September, 2016 before the subscriber, a Notary Public of the State of Pennsylvania, in and for the County of Montgomery, duly commissioned and qualified, came David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of King of Prussia, State of Pennsylvania, the day and year first above written ' COMMONWEALTH OF PENNSYLYANIA r,." " " iw Nrr arrrwl SsM OF Teresa Pastdla Nutary Public, y Commission Fx aou March xe aaa1 Notary Public in and for County of Montgomery,State of Pennsylvania ��.. ry tY Y My Commission expires March 28, 2021 This power of attorney is granted under and by authority of Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company, extracts from which read ARTICLE IV -Officers: Section 12 Power of Attorney. Any officer or other official ofthe Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bond, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company effective on the 15th day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. CERTIFICATE I , the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Company and the above resolution oftheir Board of Directors are true and correct copies and are in full force and effect on this date IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 16th day of September 2019 Renee C Llewellyn, Assistant Secretary INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Clara McDaniels, Board of Public Works Attorney Linda M. Martin, Clerk FROM: Al Greek, Director of Utilities Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Project No. 117-027 Farmington 14A Lift Station Rehabilitation Change Order No. 1 (Final) and Project Completion Affidavit DATE: September 16, 2019 IOg1illAYM'M�.YlpY+ !M'Agwo�IrR7A4 M1N�ld��l#YiAe9'PtVlllvg'�'A1N�XNwMftGA5U�XA4NNJL'f#flPId50VfVlvbJ1VW�MVpIf0Yl1;5'iGU^WW,bYd-0�d!-0H:dNIWYOUdG�'S�.r'M4q�'J6A4N➢AlE 4N fdfYN:MWI�M'tAln lBNe IUh'1nnnwA�M.MflfoMt�tl.Po.MMiMIMovkPo'�"i�MGm�tiIXA VIIVIu'�l/niANN1:R�titttIMV&9i'iJiGutil�'G!',�l�M9hMtblB�f�I6f�1GNNNiAVgNgIu�WModdNW�Yd�'9Ati'�4Wh MNWWIW wmlril�ilN... �IMiri��4ddn^tl 40��uA,IUINI�N The Division of Utilities requests the Board of Public Works approval of Change Order No. 1 (Final) and the Project Completion Affidavit for Project No. 117-027 Farmington 14A Lift Station Rehabilitation. The subject project is complete and the sanitary lift station is fully operational. The following adjustments are necessary to adjust for quantity underruns and overruns for the subject project. Item 7: Curb and Gutter, Type 'A', Overrun • Quantity Adjustment: 20 LFT to 31.5 LFT • Cost Increase: $800.00 to $1,260.00 • Net Increase: $460.00 Item 8: Compacted Aggregate, No. 53, Base, Underrun • Quantity Adjustment: 50 Ton to 4 Ton • Cost Decrease: $700.00 to $56.00 • Net Decrease: ($644.00) Item 9: Asphalt Pavement Patching, Overrun • Quantity Adjustment: 15 SYD to 34.92 SYD • Cost Increase: $1,275.00 to $2,968.20 • Net Increase: $1,693.20 Item 10: PCCP for Drive, 6", Underrun • Quantity Adjustment: 15 SYD to 11.15 SYD • Cost Decrease: $525.00 to $390.25 • Net Decrease: ($134.75) Item 11: Topsoil, Underrun • Quantity Adjustment: 15 CYS to 1 CYS • Cost Decrease: $1,035.00 to $69.00 • Net Decrease: ($966.00) Item 12: Nursery Sodding, Overrun • Quantity Adjustment: 70 SYD to 100 SYD • Cost Increase: $1,368.50 to $1,955.00 • Net Increase: $586.50 Item 13: Force Main, 4" Diameter, Underrun • Quantity Adjustment: 50 LFT to 22 LFT • Cost Decrease: $13,316.00 to $5,859.04 • Net Decrease: ($7,456.96) Item 14: Asphalt Pavement Patching, Underrun • Quantity Adjustment: 15 LFT to 9 LFT • Cost Decrease: $6,658.05 to $3,994.83 • Net Decrease: ($2,663.22) Item 23: Debris Removal Allowance: • Quantity Adjustment: 200 Tons to 0 Tons • Cost Decrease: $4,000.00 to $0.00 • Net Decrease: ($4,000.00) Item 24: Utility Relocation Allowance: • Quantity Adjustment: 1 LS to 0 LS • Cost Decrease: $10,000.00 to $0.00 • Net Decrease: ($10,000.00) TOTAL NET DECREASE: ($23,125.23) SUMMARY OF CHANGE ORDER NO. 1 Original Contract Sum: Net Change by Previously Authorized Change Orders: Contract Sum prior to this Change Order: By this Change Order, the Project Amount is Decreased by: The new Contract Sum including this Change Order: This Change Order Represents a Total Change of: Total Change for the Entire Project: $360,577.79 $ 0.00 $360,577.79 ($ 23,125.23) $337,452.56 FINAL -6.41 % -6.41 % FINAL Adjustment in time by 140 Days to account for manufacturer's delays in product delivery to the site. Control Cabinet product is a City Standard and adjustment is being made due to City's preference and requirement for the specific product for compatibility. Final Payments shall be issued through the Division of Utilities through the Utilities Wastewater Capital Account 642-0630-415-43-66 . For questions regarding the above recommendation or the subject project, contact Al Greek (Ext. 4210) at the Division of Utilities or Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 16 2019 Department Name Jacob M. Klosinski En ineerin / Utilities BPW Date Se tenter 2 20'l.9 Phone Extension Ext. 9496 �� w,wiwwnai uvuzervr�n imirvvmmmm��i rr�m� ... ............._.._.._... e uired Prior to Submittal to Boar. ........ . ........................... R ._ .9 _. d _..� . ._. �....__ BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing F Check the A Profession. __.__....-................. al Services Agreement ❑ Open Market Contract E] Bid Opening El Quote Opening Fj Proposal Opening I j Chg. Order, No. ❑ Other: Item Type —Required.f6r All Submissions " Contract ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ® C/O & PCA No. 1 ❑ Traffic Control Reau red Information Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise E] Reject Bids/Quotes PCA E] Resolution Ease./Encroach ❑ Title Shee or John Boettcher Sewer & :1:xc�aa�at�n�, Inc. Vendor Name J .. .._. Company �] Yes1] If Yes, Approved by Purchasing New Vendor ] No MBE/WBE Contractor MBE Completed E-Verify Form Attached ❑ Yes F] WBE No Project Name Farmm on..14A Lift Station Rehabilitation....S......................................�.��.._w _� � .....�...... .............�.w—.. Project Number 117-027 Funding Source Utilities, Wastewater Ca ital Account No. 642-0630-415-43-66 ..................... _......_�_�.....�__� ��............__......�w.. Amount Terms of Contract Purpose/Description The Division of En gincering and Division of Utilities request the Board o Public Works approval of Change Order No. 1 Final,_adustment of final quantities),, Pr9jeq "om', letion Affidavit,and Maintenance Bond for the subject proiect. All work is con late. For CLn, e Orders l w_u Amount of Increase $ Decrease � _ �.. ... .... .... ..... ___ �... ® ($ 23 125.23) Previous Amount $ 360.577.79 Increase % .�.��.0 Current Percent of Change: g Decrease 6.�.�.�.�.�.�.�.�.�.�.� .�. (.41 %) New Amount $ 337,452.56 ._... �.� ................................................... Increase Total Percent of Change: Decrease (6.41 %) Time Extension Amount: 140 Dais, Adjust due to Electrical Cabinet Supplier Delay New Completion Date: 09/30/2018