HomeMy WebLinkAboutChange Order No 2-PCA - Main & Colfax Parking Structure Repairs Project No 115-143A - DC Byers Detroit Incy
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1316 COUNTY -CITY BUILDING
PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD 4 P ACK
FAX 574/ 235-9171
SOI ITH BEND_ INDIANA 46601- 1 Rangy"
�
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD U IC WORKS
September 24, 2019
Stephen Davis
D.C. Byers Co./Detroit, Inc.
16429 Upton Road, Suite #3
East Lansing, MI 48823
RE: Change Order No. 2 (Final)/Project Completion Affidavit - Main and Colfax Parking
Structure'Repairs 2019 — Project No. 115-143A
Dear Mr. Davis:
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 $145,735. The new Contract sum is $720,635.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$720,635.
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
0
INN A �
DATE: 8/15/2019
PROJECT NO: _115-143A
PROJECT NAME: plain & Colfax Parking structure Repair
CONTRACT DATE: 12/20/2018
CHANGE ORDER NO. 2
SUBJECT OF CHANGE ORDER: 'Deduct due o work,completed consuming leas than estimated.
See attached Comparison of Estimate for overruns and underruns.
The original contract sum $ 866,370.00
Net change by previously authorized change orders $ 0
The contract sum prior to this change order $ 866,370.00
By this Change Order, the project amount is ❑ Increased
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
CON~w
C r r Si 6 tulle
Stephen J. Davis, General Manager
Printed Name and Title
D.C. Byers Co./Detroit Inc.
Company name
16429 Upton Road, Suite 3
Address
East Lansing, MI 48823
City, State, Zip
® Decreased $ 145,735.00
$ 720,635.00
(16.8) %
%
56 days
14 days
0 days
70 da s
RECOMMENDED
FOR APPROVAL
CON
CTION MANAGER
!LI
F SOUTH BEND
BOARD OF PUBLI KS
Approved Date:. ,
r-
"A!"
Gary A. Gilot, President
Genevie e E. Miller, ember
Elizabeth A. Maradik, Member
0: �tN' J
O'Sullivan, Member
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME
PROJECT NO
CONTRACT SIGNED
PROJECT 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
2pn
endwhich were a part of the above Contract.
Executehis2 � a ust. 2019 D. C,_S ers Co./Detroit Inc.
Company Name
16429 Upton Rd. Suite #3
Company_.� w
. DaVIS Address
Printed NamemW- East Lansing MI 48823
City, State, Zip
WITNESSESS:
Before me the undersigned Notary Public in and for said country and state, personally appeared
to heMi J. Davis and acknowledged his/her signature to the above Project Completion Affidavit on t
Ill. Oth ay of, ALI t 2019
KATHY. WOLCOTT
April 1 202 :POTARY PUBLIC . STATE f F MICIIIIGAN
Notary ignatur My Commission Expires p OF INOI IAIVI
Kathy 1 OI My Commission E'xpina ril t, 2023
PrinteName IT Ingham Acting in the County of
County of Residence
If the Contractor is a corporation, the following certificate will be executed.
I. Jamey Cie certify that I am Secretary of the Corporatlon executing this release; that
Ste I1en J. Davis who signed this release on behalf of the contractor was then
enefa Man8ler of said Corporation; that said release was duly signed for and on behalf of said
Corporation by Authonty of its governing, body, and is within the scope of corporate powers:
Secratary"sSignatump Corporate Seal
James Soett e°
Printed Name
DEPARTMENT OF PUBLIC WORKS APPROVAL
Thisrproject approval and we
o'ect is acceptable for Ir " I
Construction aarJer
BOARD OF PUBLIC WORKS APPROVAL Date:
Mary A, Gilot, 'residen'ti Gen7q
wrimm
Therese J. bor t Pemger, 'Laura O'Sullivan, Mernber '• -Ainds M. Martin,
recommend to the Board of Public Works that it be ordained so.
Date: $ • 1$ l 4
60
MAINTENANCE BOND
Bond No. 10162693
KNOW ALL MEN BY THESE PRESENTS:
That Byers D.D. Detroit Inc. DBA D.D. Byers Co an /Detroit Inc. , as Principal, hereinafter called
Contractor, and The {guarantee Company of North America USA , as Surety, hereinafter called
Surety, are held and firmly bound unto City of South Bend as
Obligee, hereinafter called Owner, in the penal sum of Seventy Two Thousand Sixty Three
Dollars and (72 063.00 Dollars for payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, Contractor has constructed various public improvements: Main & Colfax Parkin
Structure Repairs Project No. 115-143A in accordance with the
General Conditions, the Drawings and Specifications, which Plans are by reference
incorporated herein, and made a part hereof, and is referred to as the Plans.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall
remedy any defects due to faulty materials or workmanship, and pay for any damage to
other work resulting therefrom, which shall appear within a period of 3 Year(s) from
the date of acceptance of the improvements by the Obligee, then this obligation to be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of
observed defects with reasonable promptness.
SIGNED and sealed this 10th day of September, 2019
In the presence of:
Byers D.C, Detroit, Inc. DBA D.C. Byers Company/Detroit, Inc.
Principal
Title
�tSLANTQ , The Guarantee Company of North America USA
r Surety
cr By. 1
41A"E'160 Beth Walker , Attorney -in -Fact
TE The Guarantee Company of North America USA
GUARANTEE Southfield, Michigan
Bond No.10162693
Principal: Byers D C, Detroit, Inc, DBAD C, Byers Company/Detroit, Inc,
POWER OF ATTORNEY Obligee: City of South Bend
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Beth Walker
Mapes Insurance Agency, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise,
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31$' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s}in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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.
4. 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.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
melee, its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015,
THE GUARANTEE COMPANY OF NORTH AMERICA USA
NAB
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company,
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
„f+ County of Oakland
My Commission Expires February 27,1024
z.la Acting in Oakland County
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AM ERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
TBe IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 10th day of September, 2019.
+ rAra
Randall Musselman, Secretary
MAINTENANCE BOND
Bond No. 10162693
KNOW ALL MEN BY THESE PRESENTS:
That Byers D.D, Detroit Inc. DBA D.C, Byers Company/Detroit, Inc, , as Principal, hereinafter called
Contractor, and The Guarantee Cornpany of North America USA , as Surety, hereinafter called
Surety, are held and firmly bound unto City of South Bend as
Obligee, hereinafter called Owner, in the penal sum of Seventy Two Thousand Sixty Three
Dollars and ($72,063.00 ) Dollars for payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, Contractor has constructed various public improvements: Main & Colfax Parking
Structure Repairs,,Project No. 115-143A in accordance with the
General Conditions, the Drawings and Specifications, which Plans are by reference
incorporated herein, and made a part hereof, and is referred to as the Plans.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall
remedy any defects due to faulty materials or workmanship, and pay for any damage to
other work resulting therefrom, which shall appear within a period of 3 Year(s) from
the date of acceptance of the improvements by the Obligee, then this obligation to be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of
observed defects with reasonable promptness.
SIGNED and sealed this 10th day of September, 2019
In the presence of BLers D.C. Delrok Inc, VDBA D.C. Byers om an DMrort Brew
Principal
By:
Title
OTC's � The Guarantee Company of North America USA
Surety
00 By;
( )NNAME���� Beth Walker , Attorney -in -Fact
NE
The Guarantee Company of North America USA
' GUARANTESouthfield, Michigan
Bond No.10162693
Principal: Byers D.C. Delroll, Inc. DBA D.0 Byers Company/Detroit, Inc,
POWER OF ATTORNEY Obligee: City of South Bend
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Beth Walker
Mapes Insurance Agency, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attomey(s}in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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.
4. 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
Attomey-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.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
�11Me�, its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015,
11
THE GUARANTEE COMPANY OF NORTH AMERICA USA
/e�)
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
{ y`
My Commission Expires February 27, 2024
4'�,"a'•Mmx*
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
rr�c IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 10th day of September, 2019.
lz�41
°?7tAiN,'E�,
Randall Musselman, Secretary
AFFIDAVIT AND WAIVER OF LIEN
State of Indiana, County of St. Joseph SS.
Stephen J. Davis being duly sworn that he/She is the General Manager
(Name of Officer) (Title) T®
of D. C. Byers Co./Detroit Inc. having contracted with City of South Bend Board of Public Works
(Subcontractor/Supplier) (Contractor)
to furnish certain materials and/or labor as follows: Structural Repair and modifications to signage, traffic control, and parking stalls
('I?cscripts""on)
for a project known as Main & ColfaxParking Structure Repairs 2019
(Name of Project),
located at 12QN. ,M4In St. $quft Bend IN 46617
and owned by City of South Bend
(Owner)
and does hereby further state on the behalf of the aforementioned subcontractor/supplier;
(PARTIAL WAIVER) that there is due from the Contractor the sum of
Dollars �$ )
❑ receipt of which is hereby acknowledged; or
❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which is given
solely with respect to said amount, and which waiver shal I be effective only upmi receipt of payment thereof by the
undersigned;
(FINAL WAIVER) that the final balance due from the contractor is the sum of
:Thousand Seven Hundred Five and 73/100 dollars m_(40�705.73
❑ 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, any and all liens or claims whatsoever
on the above -described property and improvements thereon an account of labor or material or both, furnished b the undersigned
thereto, subject to limitations or conditions expressed herein, if any; and further ccrtifip4 that no other party has any claim or right to a
lien on account of any work performed or material furnished to the undersigned for id projected within tl this Affidavit
and Waiver of Lien.
D. C. Byers Co./Detroit Inc
y (Firm)._.-_ . u .... e. _. Byv. .e
tltorired Representative)
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Stephen J. Davis
and acknowledged the execution of the foregoing Affidavit and Waiver of Lien.
IN WITNESS WHEREOF I; have hereunto subscribed my name and affixed my official seal on the 20th day of
must 20 19
to4tZillilc
M"April 1, 2023
y Commission Expires: IT
Residing in Ingham .. . mw„p County, .Michigan
Kathy Wolcott
Notary Public "Name
..mm...� _ .
COUNTYKATHY WOLCOTT
My Colwnmion
Acting in the Countyw
.; .« r
"k,o! rot
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
143A -
Project Number: 115 Project Name: vla"" &Colfax Park°nq Structure Repairs 2019 Change Order #: 2
DATE INITIATED: 8/15/2019 BPW DATE: 8/27/2019
Brief Summary of Change Order; (Construction Change, Alternative, Substitution, Differing Instructions, Out of Scope, Etc.).
Deduct due to work completed consuming less than estimated.
Attachments: (List documents support change — required)
Amount of ❑ Increase / 8 Decrease: $ 145, 735.00
Categories (Pick One):
Previously approved Change Order(s): $ 0 _ ❑ Scope of Work
❑ Differing Site Conditions, Changed Conditions
Current Percent of Change: (16.8) % ❑ Conflicted Specifications and Drawings
...___..............�.w.................. . . . . ..................................... El Failed Materials
New Total Amount: $ 720, 635.00 ❑ Error
/ ElOmission
Total Percent of Change: (16.8) % ❑ Final Quantity Adjustment
Funding Secured From: Parking Garage Fund and RWDA
.WWWW .....
(filled out by PM)
RECOMMENDED BY:
Project Inspector (Print Name) (Signature) (Date)
REVIEWED BY:
Construction Manager (Print Name) (Signature) (Date)
APPROVED
Engineering Project Manager (Print Name) (Signif (Date)
APPROVED BY: �
City Engineer (Print Name) (Signature), (D
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 09/11/2019
Name T2yVilla Works
Department Public
BPW Date 09/24/2019 Phone Extension 5920
ama��iME mmwwnnr wvu vur�aa mmmmmmMMMMM55
��,......... _�,_... ___._.. ...... .._.___ ....-_____............:._.__.
Required Prior to Submittal to Board
.......�....................
� �.........__._............... �. ._..�......._..._....
BPW Attorney � Attorney Name
Dept. Attorney Attorney Name
Purchasing 11
_.......... ........... ._---------- _----- . u..
Check the APpiLaiate Item iy1tirM
Ej Professional Services Agreement Contract
0 Open Market Contract ❑ Amendment/Addendum
❑] Bid Opening ❑ Bid Award
Quote Opening ❑ Quote Award
❑ Proposal Opening ® C/O & PCA No.2 Final
❑ Chg. Order, No. ❑ Traffic Control
❑ Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
ired Information
ll Submissions
LJ Proposal
[� Special Purchase, QPA
❑ Req. to Advertise
❑ Reject Bids/Quotes
❑ PCA
E] Resolution
Ease./Encroach
❑ Title Sheet
D.C. Byers _
Yes If Yes . Approved by Purchasing
No
MBE �] WBE Completed E-Verify Form Attached El es
Main &Colfax Parking Structure Repairs 2019
115-143A
._._ ____..........
Parking Garage Funds and RWDA
401.0401.415.36.01 and 324.1050.460.42.02
Proic t Closeout
For Change Orders Only
Amount of ❑ Increase $ 0
® Decrease ($145,735.00) ..._... ����....��..................�.�.�.�.�.�.�.�.�......_� ��.
Previous Amount $ 866,370 00 ym�mmmmmmmm mmm
Increase 0 /o
, Current Percent o Change: Decrease j16.80%� � __..........._..,,,.�.. ...._�..
New Amount $ 720,635.00
Increase 0%
Total Percent of Change: Decrease (16.80%)
Time Extension Amount:
New Completion Date: _ June 10, 2019