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HomeMy WebLinkAboutChange Order No 4 & PCA - Miami Street Basin Drainage Improvements Project No 116-082C - HRP Construction11 4 1316 COUNTY —CITY BUILDING PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD FAX $74/ 235-9171 SOUTH BEND. INDIANA 46601-1930 j �4 s. ' �„ dI3Ii CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 22, 2019 Matthew Cain HRP Construction, Inc. 5777 Cleveland Road South Bend, IN 46624 RE: Change Order No. 4 (Final)/Project Completion Affidavit Miami Street Basin Drainage Improvements — Project No. 116-082C Dear Mr. Cain: The Board of Public Works, at its meeting held on October 22, 2019, approved the Final Change Order for this project, for a decrease of $19,920. The final contract sum is $484,870. In addition, the Project Completion Affidavit for this project was approved in the amount of $484,870. 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 Enclosure 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: 9/12/2019 PROJECT NO: 116-082C PROJECT NAME: MIAMI STREET BASIN DRAINAGE IMPROVEMENTS CONTRACT DATE: 8/14/2018 CHANGE ORDER NO: 4 Final SUBJECT OF CHANGE ORDER: PCR #4-Adjustment 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 $ 493„000.00 $ 11,790.00 JJ $ 504,790.00 J, Increased X Decreased $ 19,920.00 $ 4... -3.95 % -1.65 % 12/24/2018 - 145 da s 0 days 5/18/2019 C T SECOMMENDED F R APPROVAL µ M r +aW Contractor Signature CONSTR N MANAGER Matthew Q. Cain President Printed Name and Title HRP Construction„ Inc. Company Name 5777 Cleveland Road Address South Bend, IN 46624 City, State, Zip CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved DaLe: 0 2 20( Gary A. Gilot, President "AMef Jef, Member 1Tt Elizabeth A. Maradik, Member se J. Do e r �r k-lf aura O'Sullivan, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS�� PROJECT COMPLETION AFFIDAVIT PROJECT NAME MIAMI STREET BASIN DRAINAGE IMPROVEMENTS PROJECT NO 116-082C FINAL COST $484,870.00 CONTRACT SIGNED 8/14/2018 MAINTENANCE AGREEMENT ENDS Provide and install maintenance and access improvements at the Miami Basin, southwest of PROJECT DESCRIPTION the intersection of Miami Street and Ireland Road. 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. Ex this d . weber , 2019 HRP Construction, Inc. Company Name Signature 5777 Cleveland Road Matthew D. Cain, President Printed Name Company Address South Bend, IN 46624 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Matthew D . Cain, wP9��' @ 6tedged his/her signature to the above Project Completion Affidavit on theme day of 5eptenube:r _„ 201 9 N ar Si nature 9oAa,,r Noiar A L. VAI 3/06/24 y g +. t�� C pires rSEAL• Cindy V a n h e s t e r :,* ;"* 'Commission NumbePrinted Name �. �araa+ fular�e S t. Joseph ��f N99914'�4 If the Contractor is a corporation, the following cert'�id-alee i e exe u . I, Nancy K n a i k certify that I am Secretary of the Corporation executing this release; that Tattbow Q. Cain 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 said Corporation by Authority of its governing body, and is within the scope of corporate powers: Secretary's Signature Corporate Seal Nancy Knapik Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for "nal approval and we recommend to the Board of Public Works that it be ordained so. i Date: - I z ® i Constructio ger ,, 4 J Gar A. Gilot, y President �. p.����..._ her be J. Doll n er BOARD OF PUBLIC WORKS APPROVAL Date; IO a .;z l,;� D t ra O'Sullivan, Member A. Maradik, Member M. Martin, Clerk MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. MNT9292251 That HRP Construction Inc., PO Box 266, South Bend, IN 46624-0266 as Principal, hereinafter call Contractor, and Fideli and De osit Com an of Maryland Chicago, IL as Surety, hereinafter call Surety, are held and firmly bound unto City of South Beni Board ofPub] .ic Works , as Obliges, hereinafter called Owner, in the penal sum of $48,487 00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated August 14, 2018 entered into a contract with Owner for Miami Street Basin Draina c Ins rovesnents Pro ect• Project No, I I6-082C , in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. 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 three Q year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. Bond shall be effective from June 21, 2019 to June 21, 2022. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 25th day of September 2019 ,y Matthew D. Cain, President Fidelity and Deposit 0,ni,ipany of Maryland B (Seal) JeXiniter L. I asznia ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS:'rhat [lie ZURICH AMERICAN INSURANCE COMPANY, ii corporation of the State of New York, site COLONIAL AMERICAN CASUAI;rY AND SURETY COMPANY, a corporation of the State of Illinois, and die FIDELITY AND DEPOSI'l I COMPANY 01F 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 Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, III, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH, 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 ZURICII AMERICAN INSURANCE COMPANY at its office iii 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 28'h day of June, A.D. 2019. SEAL By: Robert D. Murray Vice President k') ............ By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 28th 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 swom, 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 W14EREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 'SOW % Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Final Waiver of Lien State of Indiana, County of St. Joseph Nancy K n a p i k_ being duty sworn that he/she is the (Name of Officer) of HRP Construction Idc. (Contractor) SS: Vice President (Title) having contracted with City of South Bend, Indiana (Owner) to famish certain materials and/or labor as follows: per contract for'_ the Miami Street Basin (Description) for aprojeetknown as Miami Street Basin Improvement project 116-082C (Name of Project) located at Miami Street, South Bend, Indiana and owned by CitY of Soa.ith Bernd Indiana eartment (Owner) and does hereby fiuther state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the suns of .. Dollars ($ ❑ receipt of which is hereby acknowledged; or ❑ the payment of which lies 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) that the final balance due from the contractor is the sum of X@ '• ',u--teas ::*�,..°...:�,..`a.yr�,�, �.. T"r, Ha,1. �.^�.,,C,",*,.'"! rv.J ,..(�_.. ❑ 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 certified that no other party has any claim or right to a lien on accouttf of any worts performed or material ftrnished to the undersigned for said project, and within the scope of this Affidavit and Waiver HRP CONSTRUCTION INC. B n (Fim) (Ruth rized'Representative)' N a n c y K n a p i k STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared ; a n y K c1 a c: and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF I have hereunto subscribed m name and affixed m o 'c'ial seal on the 2 4 t h day of Y Y Se tember ZOO 2019 N Public Signature ^ n r y a t e My Commission Expires: 7 nR az,„ Residing in h _- County, , ..! n d i a n a i N"��"v'�.,� C=L.VVANHEyECind�Va �r•.r� ^; h�afe o1 Ymwaii�unallotary Public N "SgA�L '� - County Cmber 681273A,wyv,� p' 'ion ExpiresfplI14rw`0 6, 202�i T inaf Waiver of .Dien STATE OF INDIANA, as: Whereas, the undersigned HRP CONSTRUCTION INC. M has been heretofore em- ployed by City of South Bend Board of Public Works _m_ITITIT ......_mmmmmmmmmmmmm to furnish certain material and labor, to -wit: Miami Street Basin Drainage Improvements, Project No. 116-082C, St. Joseph County, Indiana for the property owned by Citv of South Bend and located on Miami Street City of South Bend , County of seph ,State of Indiana. Now THEREFOR, KNow YE, That the undersigned, for and in corn sick ration of ` _........ 27 103.00 Dollars, 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 building and real estate, TOAN DFOR SAIDAMOUNT, on account of any and all labor material, or both, furnished for or incorporated into said building by the undersigned, up to this date, and they further certify that the consideration moving to the undersigned for executing this FINAL WAIVE OF LIEN has been mutually given and accepted as a part payment to or on account of the said Owner for said building and real estate. Signed, sealed and delivered this 1st day of oc'tobb cr Signed.w NgRcX Kna ik 20 19 Personally appeared before me this 1st day October , 20 19 Nancy Knapik ____ ___ ..... who, being duly sworn on oath, says: That he is Controller mm� _w of the HRP CONSTRUCTION INC, and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said Corporation and at their IT_.... .. r special instance and request. My Commission Expires P.3J 06 f 24 This instrument prepared by: Nancy Knapik Cynthia L. Vanheste CYNTHIA L VANHESTE ;, ., p Y Notary Public, State of Indiana "tyyhSv`,v`� My Commission Expires ,,ti. . March 06, 2024 Notary Public BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/02/2019 .._w Name Toy Villa Department: Engineering BPW Date 10/22/2019 Phone Extension 5920 1�MYMIIIIIIIIIIIIIIIIIIIIIIIImiI�klA�C 00 —. mimmwuuimmmmmmmmmmm�.wwu�uwuuwwuww'r. w unraw mmi�uuuuuuuuuuuuiuwimuiuiuimmmmuiuiuiummrt w uu�w��w�wwa a mmom00000mmmmmmmmmmmuuuuuummmmmmi mm0000mmmmmmmmummrmmwmmmm ...._.......Required Prior to Submittal to Board BPW Attorney ] Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ �._Check the Ar) ro riate Item ❑ Professional Services Agreement F Contract E] Open Market Contract ❑ Amendment/Addendum Bid Opening ❑ Bid Award Quote Opening Quote Award ❑ Proposal Opening ® C/O & PCA No.l 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 r All Submissions LJ Proposal Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet F-1 Reject Bids/Quotes ❑'' PCA ❑ Resolution Ease./Encroach HRP COnStr cti(Al, Inc. Yes❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached El Yes ❑ WBE [:] No Miami Street Basin Drainage Imrovementsv _..... 116-082C South Side TIF -:;, 5 D 430.1050.460.42.01 PLOicct ClOseout �... .. _. For Clle Orders bpi........ Amount of ❑ Increase $ m ® Decrease �$ 1�9.,9.Z0.00).....�m..a, Previous Amount _.�.�........................���������.m_... $.....,504,790.00 ..._.........—m..�..................�.....� n �� _..............��. Increase 0.00% Current Percent of Change: Decrease (3.95%).....................w�� �_........................_ New Amount $ 484,870.00 � ,. _............_ Increase 0.00% _ Total Percent of Change: — �.� ��....... �. Decrease Time Extension Amount: m ................���������...... New Completion Date: