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Home My WebLink AboutChange Order No 2 & PCA - Michigan Street Pavement Replacement Proj No. 118-075 - Walsh & Kelly, Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 12, 2020 Mr. Dustin P. Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend IN 46614 .i::.I.a r::. )Nvalslzkcll�.c m RE: Change Order No. 2 (Final)/Project Completion Affidavit Michigan Street Pavement Replacement — Project No. 118-075 Dear Mr. Hilary: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on May 12, 2020, approved the Final Change Order for this project, for a decrease of $65,988.74. The new Contract sum is $1,871,605.86. In addition, the Project Completion Affidavit for this project was approved in the amount of $1,871,605.86. Copies of the Change Order and Project Completion Affidavit are enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, s/Linda M. Martin, Clerk Enclosures GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: CITY.OF SOUTHSEND, INDIANA�.: BOARD r OF _ • , 'tROJECT COMPLETIONr +k. 118-075 19 CE AGREEMENT DS improvements0to tress o_reconfiguration piv�_ crete g struct portions flC signf theals lignlinehting ng and rEcflnfgura6o not parking 8, pavement marks alon h4ichran„Street from Western Avenue to Colfax Avenue. The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, Its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Band which � part of the above Contract ,t Executed this st �'' da of 20 2fl y Walah S Kelt Ina Y _.. �w �._.v.- ,�� Company Name gn24358_ _ 23 u ° VP South Area _ , „ �� ._.. . st" In Hilary, 'Printed Name South Bend IN 46614 ................�...........__� _.,_n_.. �....._.� WITNESSES: Before me, the undersigned Notary Public in and for said country and state, persons I eared Dustin Hilai and acknowledged hisiher s ��A �� n Affidavit on the 1$t of S 2��r 20 i Notary Public„ Sate of Indiana ... 0X2_ ��;�- St. JosephCOunty "�.+ - MY Co rmiss;on Expires �- N Sr nature 9 My Co"�"!on Exp rase uit .� g .wind"w&!W'daWx'"r�u049RtlllunuVfd�G�xiWM4'i'.�tloNr,�1C. Printed Name County of Residence St. Jo oh If the Contractor is a corporation, the following certificate will be executed. .. ,w, .........,. Jamie L TstttCO$ __ certify that I am Secretary of the Corporation executing this release; that I, . ..__.. who signed this release on behalf ;s,then VP ofu#h n reaof said Corporation; that said release was q rbhalf of said � P of m@. ation by Authority of its governing body, and Is within the scope of corporate `..•.." SacretaWs Signature Jamie L.Tancos ;�ti a corporate Seal _ Printed Name � • DEPARTMENT OF PUBLIC WORKS APPROVAL�i�� This project Is acceptable for final appr oval and we recommend to the Board of Public WorksftN �� ordained so. Data: 05/04/2020 — :tru anager BOARD OF pt Ht,t< »KS Approved: May 12, 2020 Gary A Gilot, President H -beth A. Ma,adik, M—ber Joseph R. Mo(nai, Member Tb we I D au, Member To,dan V. Gathci s, i7crnbc ATTEST: Linda M. Martin. Clerk CITY OF SOUTH BEND, INDIANArot DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 4/20/2020 PROJECT NO: 118-075 PROJECT NAME: Michigan tRekiamce!pqnt + Alt-A�l!'A?i CONTRACT DATE: 5/28/2019 CHANGE ORDER NO: ? _�ElinLal SUBJECT OF CHANGE ORDER: PCR #2-Seven (7) -Temporary street lights on Michigan between Wayne & Western $963.60/EA, ($6,745.20). Repair street light knock downs on MLK Blvd. ($18,849.11). Additional mulch in planting beds ($1,908.50). 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 dateltime Extension of date/time by previous change orders Date/time extension by this change order New completion c[atejIme r Signature Dustin Hllar VP of South Bend Area Printed Name and Title Walsh &,Kel!),,_, 6-0—M,pany Name 24358 SR 23 Address ,.Snuth_f3end,lN 46614 City, State, Zip $ 1,912,399.00 - ----------- — — -- ---------- - $ 25,19 .60 $ 37,59 0 F-1 increased FXR] Decreased $ 65,988.74 $ 1,871,605.86 -3.41 % -2.13 % 10115/2019 21 .............................................. 0 days . . . ..... 12019 RECOMMENDEQ_�PPR� 161q, CONSTR#tTId_hi _ MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: . ay 12 2 2020 BOA1W OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R_ Molnar, Member lberese J. Doran, Member Jordan V. Gathers, Member ATTEST: Linda M. Martin, Clerk State of Indiana, County of Final Waiver of Lien St. Joseph SS: Dustin Hilary VP of South Bend Area being duly aworn that he/she is the (Name of Officer) (Title) Of Walsh & Kelly having contracted with City of South Bend (Contractor) (Owner) to Awfish certain materials and/or labor as follows; Michigan Street Pavement Replacement ......... . ............ (Desoription) for a project known as Michigan Street Improvements (Name of Project) located at South Bend, Indiana and owned by City of South Bend, Indiana (owner) and does hereby further state on the behalf ofthe aforementioned suboontraotor/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 boo 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 sball be effective only upon receipt ofpsyment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of Ninety-four thousand, eight hundred fifty-eight dollars and 15/100 94L858 15 0 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 Lim which shall become effective only upon receipt of such payment TMEFORE, 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 botb. flimished b the undersigned thereto, subject to limitations or conditionsphk y; and farther certified tha;, hb'o� party has any claim or right to a o undersigned for said pirject,,eLd wltbig0d-e scope of this Affidavit lien on account of any work performed T�W-ftflsl, ........... • and Waiver ofLIen. %:�,- ,% c� .. !--, Walsh & Kelly' - Z � C)�?%- : ORATe E? (Firm) ,Ozad ? �prized Representative) STATE OF INDUNA sFAL.-- "Dustin Hilary, VP of South Bend Area ST. JOSEPH COUNTY 5 ......... Before me, the undersigned, a Nota&.1yblift) County and Stale, personally appeared ft Dustin kAflary_ and acknowledged the execution of the foregoingfAfiftimidmaiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official so, on the 4th day of Ma 2OCK20 No- ub "Ic Signature My Commission Expires: 6/5/22 Residing in ____S�Jose h _. County, Indiaga Alisha ALISHA KRUEGE�,,, Wnry PubliC, State of I J: W,# =`SEAI St.JosephCounty J, z My COMMS$iorl E'xpl June 05, 2 0'22 Surety 0 + 908.903.3485 202E Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Maintenance Bond Bond No.MNT 8258-30-16 Amount $187,160.59 Know All Men By These Presents, That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinunder called the Surety), as Surety, are held and firmly bound unto City of South Bend, Board of Public Works 227 W. Jefferson Boulevard South Bend, IN 46601 One Hundred Eighty Seven Thousand One Hundred Sixty (hereinafter called the Obligee), in the amount of Dollars and 59/100 ($ 87,160.59 for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 29th day of April, 2020. WHEREAS, the said Principal has entered into a contract dated May 28 2019 for: Michigan Street Pavement Replacement (Base + Alt. Al, A2, & B), Project No. 118-075 And Michigan Street Pavement Replacement (Base + Alt, Al, A2, & B) WHEREAS, the said Principal Is required to guarantee the Project No, 118-075 installed under said contract, against defects in materials or workmanship, which may develop during the period to Form 15-02-0075FED OW. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the saidguarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period to 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. E 0 Walsh & Kelly, By N'D " Yistin Hilary Vice President I '!Pfill WON Federal Insurance Company pa B y — - -0g . ........ 7, Aftomey-in-Fact— DaVid'M, 011ger Form IM-00MM(Rev Wn COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute { appoint each as their true and lawful Attorney -in -Fact to execute under such designation 1n 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 ball 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, ST ESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 1* day of Nove ber, 201% Dawn M. Chloros, Assistant Secretary Stephen M. Haney, Vice President r ,x; a T (5 On this la 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 ofAttorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duty 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 authorityof said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal OTAqPICIIIIARY KATHIEFUNISJ. AIDELAAR PUBLIC OF NEWJEPABY Imohim ptlSlt4 23165M...: 16, 2024N 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 fallowing 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 ordinary course of business (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 behalfof the Company, under the seat ofthe Company or otherwise. (2) Each duly appointed attorney-m-fact ofthe Company Is hereby authorized to execute any Written Commitment for and on behalf Of the Company, under the sea] ofthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-m-fact (3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalfofthe Company, toappoint inwriting 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 sea] of the Company or otherwise, such Written Commitments of the Company as maybe specified In such written appointment which specification may be by general type or class of Written Commitments or by spedfleadon of one or more particular written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorised, for and on behalf of the Company, to delegate In writing to any other officer ofthe 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 spectffied in such written delegation, which specifloation may be by general type or class of Written Commitments or by specification of One 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 each Written Commitment or wrktvn appointment ordelegation. 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 of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, 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 (1) the foregoing Resolutions adopted by the Board ofD!rectors ofthe Companies are true, correct and in full force and effect, (it) the foregoing Power ofAttorney is true, correct and in full farce and effect, Given under my hand and seals of said Companies at Whitehouse Station, NJ, this April 29, 2029, 0"", 404,1) 0 i ' r .ir Dawn M. Chloros, Assistant Secretary ANY OTHER MATTER, Combined: FEDAAG-PI-WFIC- IC (rev. 11-19) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/04/2020 Name Toy Villa Department Engineering BPW Date 05/12/2020 Phone Extension 5920 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ® C/O & PCA No.2 Final ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Walsh & Kelly, Inc. U YesU If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No Michigan Street Reconstruction 118-075 RWDA 324.1050.460.42.03 _Prof ect Closeout For Change Orders Only Amount of ❑ Increase $ ® Decrease $65,988.74 Previous Amount $ 1,937,594.60 Increase % Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Decrease (3.41% $ 1,871,605.86 Increase % Decrease (2.13%