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Home My WebLink AboutChange Order No 4 & PCA - Lincoln Way East Corridor Improvements, Sample to Twyckenham Proj No. 117-055A - Walsh & Kelly, Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 1865 CITY OF • BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 10, 2020 Mr. Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Change Order No. 4 (Final)/Project Completion Affidavit Lincoln Way East Corridor Improvements — Sample to Twyckenham — Project No. 117-055A Dear Mr. Hilary: The Board of Public Works, at its meeting held on March 10, 2020, approved the Final Change Order for this project, for an increase of $11,242.47. The new Contract sum is $501,696.36. In addition, the Project Completion Affidavit for this project was approved in the amount of $501,696.36. 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 ELIZABETH A. MAPADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR CITY OF SOUTH BEND, INDIANA ib'u DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 2/13/2020 PROJECT NO: 117-055A PROJECT NAME: Lincoln Way East Corridor Improvements — Sample to Tw ckenham CONTRACT DATE: 9/11/2018 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 /time nature Dustin Hilary, VP of South Bend Area Printed Name and Title Walsh & Kelly, Inc. Company Name 24358 SR 23 Address South Bend, IN 46614 City, State, Zip MAI Increased Decreased 11 /2/2018 309 days 0 days 9/7/2019 $ 459,000.00 $ 31,453.89 $ 490,453.89 $ 11,242.47 $ 501,696.36 2.29 % 9.30 % oil r+ wN MANAGER ';oll CITY OF SOUTH BEND BOARD OF PUBLIC W ,RKS Approved Date: ,o.20 Gary A. Gilt, President V. Jo 'an Gathers, Member UL Elizabeth A. aradik, Member Th eye J. Do aia, erb'er Jph Molnar, Member PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: ✓i�{,tiM7 Ay ��t' CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT $b Lincoln Wav East Corridor Improvements — Sample to Tw ckenham 117-055A FINAL COST $501,696.36 9/11/2018 MAINTENANCE AGREEMENT ENDS ............... Improvements on Lincoln Wav East SR 933 between Sample Street and Twyckenham Drive. 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, anti hxhe contractor performed the work within the scope of the Specifications and Standards of the City of South Bend v hio " ere p of the above Contract. Executed t of of _ t ry 20X 20 Walsh & Kelly, Inc. Company Name Printed Name 24358 SR 23 Company Address South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Dustin Hi,a and acknowledged Affidavit on A, �x4 ;, ALISHA KRW GER the 2 it ay Of _ F � 20X 20 � %�, Notary Public, State of Indiana St. Joseph County an'roirb+ N�rarg Expires N ry Signature " i irnmissiar)y4AifRs2022- Alisha Krueger Printed Name County of Residence St. Jse h If the Contractor is a corporation, the following certificate will be executed. I, Jamie L. Tancos certify that I am Secretary of the Corporation executing this release; that Dustin Hiles/_ who signed this release on behalf of the contractor Nkm w ' I t Ill10 VP f uth Bend Area of said Corporation; that said release was duly signed for an�th -�d Corporation by Authority of its governing body, and is within the scope of corporate powers: a s Signature x t �� TF y PQRA ry' Secretary's mi ®� ato at Seal Jarde L. Tancos t Printed Name ' This rt ect'is acceptable? r al a DEPARTMENT OF PUBLIC WORKS APPROVAL + ' p 1 p pproval and we recommend to the Board of Public Works that it be ordaine 'm OL Date; Construc . nager BOARD OF PUBLIC WORKS APPROVAL Date: Gary A. Gl ot, President J+ord< n athers„ Membe tabeth A. aradik, Member Therese J. orau, Metb'r p iind—a M. Martin, Clerk Maintenance Bond That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, M 08889-1650 Federal Insurance Company Bond No. MNT 8246-60-07 Amount $50,169.64 Rnow All Men By These Presents, (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 Fifty (hereinafter called the Obligee), in the amount of m 00housand One Hundred Sixty Nine 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 10th day of March, 2020. WHEREAS, the said Principal has entered into a contract dated September 11 , 2018 for: Lincoln Way East Corridor Improvements -Sample Street to Twyckenham Drive, Project No.: 117-055A And I tineodm Way least Corridor Improvements - Sample Street to Twyckenham Drive, WHEREAS, the said Principal is required to guarantee the Proyect No.: t 17-a55a, installed under said contract, against defects in materials or workmanship, which may develop during the period March 10, 2020 to March 10, 2023 Form 15.02.0075FED (R.ev. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and performthe saidguarantee, and shall, on due notice, repairandmake good atits own expense anyand all defects in materials or workmanship in the said work which may develop during the period March 10, 2020 to March 10, 2023 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. �4%m�Wuljpi� K EL4` Walsh & Kelly, d 1z0RAT� B� . y � S A n Hi. . VP of South Bend Are" �.. „ .• " � Insurance Company ,r P --'I By✓/. Attomey-in-Fact Lisa M. Parsley Fbrm 15.02.0075FM (Rev.5/17) ► s I - nl�j .» 110 CHUBBo Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Lisa M. Parsley Surety Bond Number. MNT 8246-60-07 Obligee: Board of Public Works, City of South Bend, 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, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this le day of November, 2019. Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Hunterdon SS.,. 1 A& Lq- "ll" iL—,Z Stephen M. Haney, Vice President On this 1^t day of November, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 111 ..�"""""" 1 RReCY ttOr''1R'i" NOTARY PUD C or eJNEW FpflEl4 No. 23"M6 omtenlulon EqK J&dy 16, 2024 t ar R * 9, CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered Into In the ordinaryceurse ofbuslness (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 ofthe Company or otherwise. (2) Each duly appointed attorney -In -fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company, under the seal ofthe Company or otherwise, to the extent that such action Is authorized by the grant ofpowers 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 ofthe Company, to appoint In writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such 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 ofthe 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 specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification crone 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, may be 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 ofthe Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors ofthe 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, NJ, this March 10, 2020. as was». e i "fr �crMr. fir" ti 1 • a• e Dawn M. Chloros, Assistant Secretary ATE EVENT ka7o WtS%ret VERIFY TH�frHENTiCt1`YOP THIS DOND OR NariFY U5 Of+ANY oT"HR RAWER &"0"kLS�N coNTA9• r Us x JN 3i� one (906 903, 34'44 Fax C9�, 9p,1, --,14S6 c-malls saurct chubb.naan contbkrc e: rEEi-vie-Pt- WhC-AAICr''(rov. 1 1-19) i Final Waiver of Lien State oflndiana, County of St. Joseph SS: Lynn Sauer being duly sworn that he/she is the South Ber d QpgLatigu c • Presaa'tl r ' (Name of Officer) (Title) of Walsh & Kelly. Inc. having contracted with City of South Send (Contractor) (Owner) to ibrnish certain materials and/or labor as follows: Concrete, Pipe, Guardrail and Pavement Marking description) for a project lmown as Lincoln Wa )rovernenta Sa LI �enharn (Name of Project) located at Lincoln Way Past, Sample to'"kw ckenham and owned by Citv f South Bend. Indiana .._.. �..�. (Owner) and does hereby further state on the behalf of the aforementioned subcontractodsupplier: (PARTIAL WAi MR) that there is due from the Contractor the sum of ...� Dollars $ ❑ receipt of which is hereby aelmowledged; or ❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lienwhich 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 $07,3.2 ❑ receipt of which is hereby aolcaowledged; or ® the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall I become effective only upon receipt of such payment. THBREFORB, the undersigned �gJv6Ji dr4 ases unto the Owner of sold premises, any and all liens or claims whatsoever on the above -described property and i rill asp, account of labor or material or both, famished b the undersigned � thereto, subject to limitations or condos d-lup »4 any; and further oertifled that no other party has any claim or right to a lien on account of any work perform «fret a undersign for said projeot, and within the scope of this Affidavit and Waiver of Llen Walsh & Kelly, Ino. By ( p STATE OF iNDUlNA �` tttlaoriddC Representative) (Firm) .. ....... ST. JOS13PH COUNTY ) Before me, the undersigned, a Notary Public, In and for said County and State, personally appeared. yn n IF;ati and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. r IN WITNESS WHEREOF I have hereunto subscribed my name and affixed m official on the 7 tp:, day of February 20020 y m. otry Publto Signet My Commission19xpiros: June 7, 2023 my IElizalbeth 'li'urpin Residing in Marshall County, Indiana Notary Pa AMY ELIZABETH TURP IN No.ary Pubic, State of Indiana Marshall County Commission Expires June 7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/28/2020 Name Toy Villa Department En ineerin BPW Date 3/10/2020 Phone Extension 5920 WWWv mired Prior to Submittal to Board BPW Attorney R Attorney Name Dept. Attorney ❑ Attorney Name Purchasing R Check the Appropriate Item Twe — ❑ Professional Services Agreement E Contract ❑ Open Market Contract ❑ Amendment/Addendum Bid Opening [-1 Bid Award Quote Opening ❑ Quote Award ❑ Proposal Opening ® C/O & PCA No. I (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 uired. Information All Submissions LJ Proposal Special Purchase, QPA ❑ Req. to Advertise Reject Bids/Quotes PCA Resolution Ease./Encroach ....-- ....... ❑ Title Sheet Walsh & Kelly Inc. F] Yes If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached El Yes WBE ❑ No Lincoln Way Est Corridor Improvements 117-055A TIF Park Bond 452.1101.452.31.06 ect Closeout For Chan Amount of ® Increase $11,242 ❑ Decrease $ Previous Amount $ 490,453.89 Increase Current Percent of Change: Decrease New Amount $ 501,696.36 mITITIncrease...._____...�. Total Percent of Change: Decrease Time Extension Amount: New Completion Date: ......._.. Ne Orders O 47 tt 7 pM ..... ..... .3�