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Home My WebLink AboutChange Order No 3 & PCA - Airport Annexation Area Sanitary Sewer Extension Proj No. 117-108 - HRP Construction, 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 August 25, 2020 Ms. Nancy Knapik HRP Construction Inc. 5777 Cleveland Rd., PO Box 266 South Bend, IN 46624 ,c� �..t:r..�..:�.ti-c�p:�....,�.c �� . PHONE 574/235-9251 FAx 574/ 235-9171 RE: Change Order No. 3 (Final)/Project Completion Affidavit Airport Annexation Area Sanitary Sewer Extension — Project No. 117-108 Dear Ms. Knapik: The Board of Public Works, at its meeting held on August 25, 2020, approved the Final Change Order for this project, for an increase of $28,020. The new Contract sum is $924,359.52. In addition, the Project Completion Affidavit for this project was approved in the amount of $924,359.52. 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 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Clara McDaniels, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: Jacob M. Klosinski, Assistant City Engineer SUBJECT: 117-108 Airport Annexation Area Sanitary Sewer Extension Change Order No. 3 DATE: August 3, 2020 The Department of Public Works and Division of Engineering request the Board of Public Works approval of Change Order No. 3 for Project No. 117-108 Airport Annexation Sanitary Sewer Extension. Purpose for Change Order No. 3 Item 10: Mulched Seeding, Type R (Original, 6,000.00 SYS) Previously Adjusted Quantity: 7,500.00 SYS (+1,500.00) +$18,000.00 (Change Order 2) Adjusted Quantity: 9,835.00 (+2,335.00) +$28,020.00 (Change Order No. 3) Notes: Total Overrun, Increase 3,83,5.00 SYS, Total Increase Cost $46,020.00 Total Increase in cost for Change Order No. 3 = $28,020.00 Comment: The overrun quantity claimed by contractor exceeded the plan quantity. Original estimate of quantities was low and final numbers are adjusted for actual quantity of seeding area installed and in place. Change Order No. 3 Summary Total (inclusive of debits noted above) Original: $766,957.00 Increases per previous Change Orders: $129,382.52 (+16.87%) Total Project Cost prior to CO#3: $896,339.52 (+16.87%) Increase for Change Order No. 3: $ 28,020.00 (+3.65%) Current Project Cost: $924,359.52 (+20.52%) Funding for this Change Order should be allocated from TIF River West — Airport Account (324- 1050-460-31-02) or transferred from the TIF River West Account to the Sewage Works Capital Account 641-0630-415-43-66. (DFO PO-0000076) For questions regarding the above recommendation or the subject project, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 07/07/2020 PROJECT NO: 117-108 PROJECT NAME: CONTRACT DATE: 2/�11 201 gort exatlon Area Sanitary ,Sewer Extension CHANGE ORDER NO. 003 SUBJECT OF CHANGE ORDER: Finail ad ustrnent to uanttles addressiu over°run for seedir 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 $ 766,957.00 $ 129,38.2.52 $ 339.52 —�...896 ® Increased ❑ Decreased 28Po02 . 00 ..................... $ _ 924,350 9 52 _ +3.65_ % +20.52 Original contracted completion date/time 07/31/2019 Extension of date/time by previous change orders 0 da� Date/time extension by this change order 0 Days New completion date/time 07/31/2019 No Change .._ RECOfU MENDED FOR APPROVAL CONTRACTOR Construction Manager CITY 07 /D- ZOZO '- —" CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Contractor Signature Approved Date: August 25, 2020 Matthew D. Cain, President Printed Name and Title HRP Construction, Inc. Company name�� 5777 Cleveland Road PO Box 266 �w Address South Bend, Indiana 46628 City, State, Zip BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member Therese J. Doran, Member Jordan V. Gathers, Member ATTEST: �Zlmid cr67f* Linda M. Martin, Clerk CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT N PROJECT NAME Airport Annexation Area Sanitary Sewer Extension PROJECT NO. 1 17-108 FINAL COST $924,359„52 CONTRACT 12/ 11 /2018 MAINTENANCE AGREEMENT ENDS 07/31 /2022 SIGNED PROJECT Extension of Sanitary Sewer US 20 and Po Road to US 20 and Oliv e ve Road DESCRIPTION near US 20 and US 31 Interchan2e 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" end t 1 20 2 0 HRP Construction ignaturc Co Matthew D. Cain, President 5777Cleveland Road, POBox 266 Printed Name WITNESSES Company Address South Bend, Indiana 46628 City/State/Zip Before me, the undersigned Notary Public in and for said country and state, personally appeared Matthew D . C a i h , and acknowledged his/her signature to the above Project Completion Affidavit on fit.. �B the • 9day of 3�.��7..y+... . 201 Il2 t1Z0Z '90 4)JLJN seitdx3 uore,xs,wwoD hw Nei y ig�tat tr'e My Commission 1 Ipti, das 'S .�—� fir°. �.. . yn t. h� 1.. n h e s t e _ eueipul 10 ale1S 'ai�gnd Jul , Printed Name County of Resirl If the Contractor is a corporation, the following certificate will be executed. 1, -AaD".1L,a.P-ik- , certify that I am Secretary of the Corporation executing this release; that Matthew D . 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',:` Signature Nancy Kna ik Printed Name Corporate Seal 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. Construct on Manager """"'YWWW Date: - 20 BOARD OF PUBLIC WORKS APPROVAL 130N2U OF 1�1!l"LIC N'ORIiS J" I,I�nbUlih t bl. \Iun�w ---- I " 1 11 n1- — 1t'1'Es'I': s=/rNrt C"fnrtui ]osopt RTI I i Vunba — _ UnM M. MnnI�S 4:�crk Date: Au ust 25 2020 E inaf Waiver of Lien STATE OF INDIANA, as: Whereas, the undersigned .... m_ww IT HRP CONSTRUCTION INC. has been heretofore em- ployed by m..... City dal" SaaIIIh Send o rd of Publ c G� o ks to furnish certain material and labor, to -wit: Airport Annexation Area Sanitary Sewer Extension, Project No. 117-108, St. Joseph County, for the property owned by City of South Bend and located on US 20 City of South Bend County of _ St. Joseph ..., State of Indiana. Now THEREFORE, KNow YE, That the undersigned, for and in consideration of IT_m�33, '0.00 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, TOAND FOR SAZDAMOUNT, 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 partpayment to or on account of the said Owner for said building and real estate. Signed, sealed and delivered this 8th day of 2020 Signed µ, µ._ _. _.......... _. Nancy Knapik Personally appeared before me this �8th_www day o �Iu.ly 20 20 Nancy Kn! l .... ._.. ..... ....... who, being duly sworn on oath, says: That he is mITITITIT m Vice President mmmmmmm of the HRP CONSTRUCTION INC. m _ and that he hereby acknowledges the execution of the foregoing instrument for and on behalf of said _�....._ ror�atlrµ�I1. _ and at My Commission Expires 0 This instrument prepared by: Nancy Knapik special instance and request. CYN f MA L. VANHESTE Notary k�tiublic, State of Nnditpnu EAI",a?- St, Joseph CounI,y t.raritnta,ssion Explros March 06, 2024 Notary Public MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS; Bond No. MNT9330948 That HRP Construction Inc., PO Box 266, South Bend, IN 46624-0266 as Principal, hereinafter call Contractor, and _Fidelity and De it Company of Maryland Chicago, IL as Surety, hereinafter call Surety, are held and firmly bound unto of' South Bend Bay,ard of [ublicWorks , as Obligee, hereinafter called Owner, in the penal sum of S92.435.95 , 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_,_,_,,,, December 11, 2018 entered into a contract with Owner for Airport Annexation Area Sanitary Sewer Extension: Pro'ect No. 1 17-108 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 (3) 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 July 31, 2019 to July 31, 2022. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness SIGNED and sealed this .. 8th day of Jul _ _ _„ 2020 ns tic m C, M Princl By Matthew D. Cain,President (Seal) Fidelity and Deposit Company of Maryland B?,nntf'ei� L. '"a�;:r��ia �� ......�._..-��...��(Seal} ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT' COMPANY OF 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 Fay -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. ALICI E, Jennifer L. KASZNIA, William J. CE NEY, III, Teresa M. U . NS 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 ZURICH AMERICAN INSURANCE COMPANY at its office in 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 DEPOSITCOMPANY 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 Fay -Laws of said Companies, and is now in force. FN 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. ANIERIC.AN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MAR I"LAND, this 28"' day o luno, A.D. 2019. r� wr _nki SH�'�r +1. SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL ArMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By- .flaws E Brown 'ecre tar^y State of Maryland County of Baltimore On this 28th day of June, AD, 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 sworn, 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 Seats 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 WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, r � i `ay` ;. Constance A, Dunn, Notary Public My Commission Expires: July 9, 2023 gkNl l'p 17 N4Yw,8 f ! - i 7. 1 ! f WITT FIDELITY 1 DEPOSIT COMPANYOF MARYLAND POWER / ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF 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. ALI E, Jennifer L. KASZNIA, William J. CENEY, 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 ZURICH AMERICAN INSURANCE COMPANY at its office in 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 E COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANti' OF MARYLAND, this 28"' clay of ,lune, A.D. 2019. AL rx�wef+"4 COMPANYZURICH AMERICAN INSURANCE FIDELITYD By., Robert D, Murray Vice President By Dawn E'. Brown .Secretary State of Maryland County of Baltimore On this 28th day of June, AD 2019, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, Robert B. 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 seats 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 TES"IIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rr,,ww�f4" r ia.a` Constance A, Dunn, Notary Public rr m � My Commission Expires: July 9, 2023 surswfb BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 3, 2020 Department Name Jacob M. Klosinski En2ineerin2/Utilities BPW Date August 11, 2020 Phone Extension Ext. 9496 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ❑ Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Clara McDaniels Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Reuirec or 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. 3 ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Information Company or Vendor Name URP Construction, Inc. New Vendor MBE/WBE Contractor Proj ect Name Project Number Funding Source Account No. Amount Terms of Contract ❑ Yes[_] If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No Airport Annexation Area Sanitary Sewer Extension 117-108 Sewage Works Capital and TIF River West — Airport Account 641-0630-415-43-66 and 324-1050-460-31-02 Increase Contract by $28,020.00; New Contract Total $924,359.52 Unit Prices Purpose/Description The Division of Engineering and requests the Board of Public Works approva of Change Order No.3 and the Project Completion Affidavit for the subject project. Change Order No. 3 addresses overrun quantities for Seeding. For Change Orders Only Amount of ® Increase $ 28,020.00 ❑ Decrease ($ ) Previous Amount $ 896,339.52 Current Percent of Change New Amount Total Percent of Change: Time Extension Amount New Completion Date: Increase 3.65% Decrease $ 924,359.52 Increase Decrease 0 Days 07/31/2020 20.52%