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Home My WebLink AboutChange Order No 1 & PCA - Wayne St. & Leighton Plaza Parking Structures Repairs 2019 Proj No. 119-048 - DC. Byers Co.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 8, 2020 Mr. Stephen J. Davis D.C. Byres Co./Detroit Inc. 16429 Upton Rd., Suite 43 East Lansing, MI 48823 sdavis(r�>,0c1ersetrcit:.ccrn PHONE 574/235-9251 FAx 574/ 235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit Wayne St. & Leighton Plaza Parking Structures Repairs 2019 — Project No. 119-048 Dear Mr. Davis: The Board of Public Works, at its meeting held on September 8, 2020, approved the Final Change Order for this project, for a decrease of $20,671.25. The new Contract sum is $347,658.75. In addition, the Project Completion Affidavit for this project was approved in the amount of $347,658.75. 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 we] 11��WlIWI A 4 PROJECT CHANGE ORDER DATE: 5/26/2020 PROJECT NO: PROJECT NAME: CONTRACT DATE: CHANGE ORDER NO: SUBJECT OF CHANGE ORDER: 119-048 Wayne Street and Leighton Plaza Parking Structures Repairs 2019 8/13/2019 1 PCR #1 -Final Quantities 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 Stephen J. Davis, General Manager Printed Name and Title D.C. Byers Co./Detroit Inc. Company Name 16429 Upton Road, Suite #3 Address $ 368,330.00 $ 0.00 $ 368,330.00 F-] Increased FX_1 Decreased $ 20,671.25 $ 347,658.75 -5.61 % -5.61 % 11/8/2019 0 days -0 days 11/8/2019 RECOMMENDED FOR APPROVAL CONSTRYCTION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved D. September 8, 2020 BOARD OF PUBLIC WORKS East Lansing, IVII 48823 Gary A. Gilot. President City, State, Zip Elizabeth A. Maradik, Member 7r�_ Joseph R. Molnar, Member Therese J. Doran, Member Jordan V. Gathers. Member ATTEST: �2111,k C�f(172711 Linda M. Martin. Clerk PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION CITY OF SOUTH BEND, |NDW\NA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT Wayne Street and Leighton Plaza Parking Structures Repairs 2019 A-048 FINAL COST 013/2019 MAINTENANCE AGREEMENT ENDS -Parking structures improvements and Wayne and Leighton garages. 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 ofSouth Bend which were apart of the above Contract, 2020Executed this 1 Ot August D.C. Byers Co./Detroit Inc. Company Name 16429 Upton Road, Suite #3 °, �—�. CompanyAddress Ste Davis Printed Name East Lansing, MI 48823 City, State, Zip VNTNESGEGS: KATHY WOLCOTT Before ma, the undersigned Notary Public in and for said country and etote, personally mppejWARYPUBLIC ~STATE OFKCHwGAW Stephen J. Davis and acknowledged his/her signature to the above Project Completion Affi OF ��HAM the 1Oth ' Au ~�"~ August 2O2O ""��°°�°l�""++="�- Notary Signat"My Commission 2023 ^ �� - - KaU�vVV000� ' Printed Name County of Residence Ingham If the Contractor is a corporation, the following certificate will be executed.1, James Boettge certify that _ | am Secretary of the Corporation executing this release; that Stephen J. Davis who signed this release on behalf of the contractor was then General Manager of said Corporation; that said release was duly signed for and onbehalf ofsaid ' Corporation bvAu�nh�ofhagoynmingbody, and iawhhinthe scope nfconpn��powers: _=�--_- Secretary's Signature Corporate Seal James Boettge Printed Name DEPARTMENT OFPUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works thatitbeordained so. Date: 08/26/2020 BOARD OFPUBLIC WORKS APPROVAL Dote: September BOARD OF PUBLIC WORKS ^Or IVIAINITENTANCE BONI) Bond No, '10181481 KNIO\V ALL 1013N BYTHESE, PRES13NTS: That QyeLs_2,.C._aejrc)it, Inc, DBA iLLi2e Lrit as Principal, hereinafter Called g _ _ L n - (A.Lap , Contractor, and The Calm gntee Coingany of North Amedc,,?i USA as Surety, hereinafter called Surety, are held and firmly bound untoo ffi Bend as Obli-Ice, hereinafter called Owner, in the pcnal surn of _h FM, I.Dollars and 881100 ($34,765.88 ) Dollars for payment whereof Contractor anti Surety bind tIII lICSTIV—es,theirTie'irs, executors, administrators, successors, and assignsJointlyand severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: Wavne Street & Le! �hton Plaza 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 is the Plans. NOW, THER131FORE, the condition of Illis obligation is Such that, if Contractor Shall remedy any defects due to faulty materials or workmanship, and pay for or any damage to other work resulting there from, which Shall appear within a period of 3 Year(s) 1rom the date of acceptance of the improvements by the Obligee, then this oTT:1-1-111tion to be void; otherwise to remain in full force and effect. PROVIDE"ID, HOWEEVEIZ, that Owner shall, give Contractor anal Surety notice of observed defects with reasonable promptness. SIGNED and scaled tj,lis 27th (Jay of uly, 2()20 In the presence of: D(Afoit, lnc� DBA D C' Llvanj Comfmny/00trod, lnc Principal By: STEP, <-47DAM Title GENERAL MANAGER The Guarantee, Company of North America USA By: Valeile Giuliano Attorney -in -Fact The Guarantee �America �� 0� �� GUARANNEa Southfield, Michigan ' Bond No. 10181481 Principal: ~~^"^~~~'=(' I ""'``~�^~~` POWER OF ATTORNEY Obligee: City n(South Bend NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing Linder the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kalerlo G&A017 Mapes 117sal-an�Agonc:y, Inc. its true and lawful all bonds and undertakings,�� dnNm whUngoob|�� obligatory th ereof, .�quiedorpevn|V�dhy|a�o��'m| —contract or indemnity�'� The execution of such Instrument(s) in pursuance of these presents, shall be as bindingupon THE GUARANTEE COMPANY OFNORTH AMER|CAUSA aefully and amply, toall intents and purposes, aoirthe oomehad been duly executed and acknowledged uyits regularly elected officers ot the principal The Power of Attorney is executed and may be certified so, arid may be revoked, pursuant mand by authority of Article IX, Sectionm03 of the adopted by the Board ". Directors v/THE Gu^=*n/EE COMPANY vFNORTH amEmCAUSA at ameeting fiemonmeo/=oaymoecember, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power arid authority: 1 . To appoint Attonley(s)-in-fact, arid to authorize them to execute oil behalf of the Company,andoKock(ko8eo!oy(hoCompanythereto.bonUcaod undertakings, contracts of indemnity and other writings obligatory in tile nature thereof; and 2� Torevoke, atany time, any such Attorney -in -fact and revoke the authority given, except paprovided below 3. In connection with obligations in favor of tile Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact i|d d all consentsfor the | f retainedpercentages engineering arid construction contracts required oxthe State wFlorida Department p, Transportation. It is fully understood that consenting to the State of Florida Department of Transportation mmWm9 payment ofthefino|amUmammNoCmn!raowranmo,itnana/Qnme.ahaUnmre|ievamieavretycompanynfanyofi\oobligations under its bond. 4. \nconnection with obligations in favor ofthe Kentucky Department oxHighways it is agreed that the power and authority herebygiven to the 88ucannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department orHighways cfthe Commonwealth ofKentucky a|least thirty (oo) days prior mthe modification orrevocation. Further, this Power or Attorney is signed and sealed by facsimile pursuant toresolution o[the Board o[Directors ofthe Company adopted a|mmeeting 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 tile seal of the Company be affixed by facsimile to any Power of Attorney orcertification thereof authorizing tile execution and delivery ofany bond, undeftaNng, contracts of indemnity other writings obligatory in the nature thereof, omj 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 besigned and its corporate seal tobaaffixed byits authorized officer, this 211Jclay ofOctober, 2m5. THE GUARANTEE COMPANY OFNORTH AMER\C4VSA _ STATE OrMICH0AN Stephen C.RusobaK President & Chief Operating Officer, Randall Muasmhnan,Secretary County of Oakland On this 2nd day of October, 2015 before me carne 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 Tile Guarantee C0111pany of North America USA; that the seal affixed to said instrument /sthe Corporate Seal of said Company; that the Corporate Seal and each signature were (July affixed by order of the Board of Directors of said Company. Cynthia A. Takai }NWITNESS WHEREOF, | have hereunto set myhand atThe Guarantee Nota/yPublic, State f Michigan Company oYNorth America USA offices the day and year above written, County mOakland mrCommission CxpiresFebruary zzxmw Acting mOakland County ' 1, Randall wwsegman Secretary of THE GUARANTEE COMPANY OF NORTH mmsmCAUSA, uvhereby that tile above and foregoing isotrue 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. IN WITNESS WHEREOF, I have themuntoset myhand and attached the seal o/said Company this 27thday ofJuly, o02o Am Randall Muwaelman,Secretary SWORN STATEMENT State of Michigan County of Wayne BRENDA NELSON Being Duly sworn, deposes and says, that he makes this sworn statement on behalf of DC Byers Company/Detroit, 5715 Rivard St, Detroit, Mi 48211, 313-875-0545 So is the(contractor) (subcontractor) for the following description WAYNE AND LEIGHTON That the following is a statement of each subcontractor and supplier and laborer, for which laborer the payment of wages or fringe benefits and withholding is due but unpaid, with whom the (contractor) (subcontractor) has (contracted) (subcontracted) for performance under the contract with the owner or Lessee thereof, and the amounts due to the persons as of the date thereof are correctly and fully set forth opposite their names, as follows NAME DESCRIPTION EARNED (PAID) OWNING MATERIAL FROM FULLY PAID YARD STOCK ALL LABOR, FRINGES, TAXES, PAYROLL TAXES & OTHER PAYROLL OBLIGATIONS PAID IN FULL THRU JI1LY 2020 NO SUBCONTRACTORS Deponent further says that he/she has not employed, or procured materials from or subcontracted with, any person or persons other -than those above mentioned and owes no moneys for labor or material for this contract other than the sums above set forth. s BRENDA NELSON Subscribed and sworn to before me The 25 Day Of' August 2020 Notary Public", Co my of Macomb My Commissiom'Pxpires 8/8/2026 Acting in the County of Wayne Final Waiver of Lien State of Indiana, County of SS: being duty sworn that he/she is the e"'v \�' . _L" � L I _r � � _31LL1 7 (Name of9fficer) (Title) of having contracted with City of South Bend {Contractor) (owner) to furnish certain materials and/or labor as follows-, posorlption.) for a project known as L located at and owned by City of South Bend (owner) and does hereby further state on the behalf of the aforementioned sub contractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars _J$ E3 receipt of which is hereby acknowledged; or E] the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien -which is given 0 receipt thereof solely with respect to said amount, and which waiver shall be effectiveo ly upon r c ipt of payment r of by the undersigned; (FINAL WAIV that the final balance cl�e from ffi of `7 111 lontractor 4 vu, / E] 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 ouly 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 account of any work performed or material furnished to the undersigned for said project, and within the scope of this Affidavit and Waiver of Llem By r" (Firm) (A—utorized /esentative) STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed tZ name and affixed my official seal on the a.t2() —NottityPubliq Sigr My Commission Expires', .111") ' Z' " L I ___' ' �':� County) ROBYN Residing in 'LaT��UBLIC - S COUNTY OF MA":"')MD My Commission Exrlws Auga.-A �, 2026 Acting in the County of k' I N! day of BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/26/2020 Name Toy Villa Department Engineering BPW Date 09/08/2020 Phone Extension 5920 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing n 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. ® 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 D.C. Byers Co./Detroit Inc. U Yes U If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ Wayne Street and Leighton Plaza Parking Structures Repairs 2019 119-048 Parking Garage 404.1201.415.39.87 $347,658.75 Project Closeout For Change Orders Only Amount of ❑ Increase $ ® Decrease ($20,671.25) Previous Amount $ 368,330.00 Increase % Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Decrease (5.61% $ 347,658.75 Increase % Decrease (5.61%