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HomeMy WebLinkAboutChange Order No 2 & PCA - 315 & 319 W. Jefferson Exterior Renovations Proj No. 119-064 - 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 September 22, 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. 2 (Final)/Project Completion Affidavit 315 & 319 W. Jefferson Exterior Renovations, Division C — Project No. 119-064 Dear Mr. Hilary: The Board of Public Works, at its meeting held on September 22, 2020, approved the Final Change Order for this project, for a decrease of $4,770. The new Contract sum is $43,075. In addition, the Project Completion Affidavit for this project was approved in the amount of $43,075. 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 CITY OF SOUTH BEND, INDIANA „ 1 DEPARTMENT OF PUBLIC WORKS' PROJECT CHANGE ORDER DATE: 9/22/2020 PROJECT NO: 119-064 PROJECT NAME: 315 & 319 W. Jefferson Exterior Renova�Division C CONTRACT DATE: 8/27/2019 CHANGE ORDER NO: 2 Final SUBJECT OF CHANGE ORDER: PCR #2-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 da�/time Printed Name anV l Yitle Walsh & Kelly, Inc. Company Name 24358 State Road 23 Address South Bend, IN 46614 City, State, Zip $ 45,989.00 $ 1,856.00 $ 47,845.00 ❑ Increased QX Decreased $ _ 4,770.00 $ - 43,075.00 -9.97 % -6.34 % 11/15/2019 0 da s ... 0 da s 11/15/2019 RECOMMEND F RRA/APPROVAL CONST CTION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: _ Se tp ember 22,22020 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: �^'U.137�G! CQ/G7Tli7 Linda M. Martin, Clerk CITY OF SOUTH BEND, INDIANA�, BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME 315 & 319 W. Jefferson Exterior Renovations Division C' PROJECT NO 119-064 FINAL COST $43,075.00 CONTRACT SIGNED 8/27/2019 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Parking lot retLairs and curb & sidewalk re aLacement at 315 & 319 W. Jefferson Blvd. 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 wWoRwere 4 part of the above Contract. xecute t is 8th tlay of Se 1',C her , 2ox _ 20 Walsh & Kell , Inc. Company Name W� tug a 24358 State Road 23 ustin Hi South Bend Area Vice President Company Address .......� _ Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally a eared the 8th y d acknowledged his/her si � er,,,� f/ r�ota�y Public,Tip of indi,3 le ion Affidavit on IS a - d, of r jr an r ��, 20%K�0. St. Joseph County r'' 2(22 Notary S' d My Comm otaiss;on E spires e Mir Gbmrrai�`sion 2022 Alisha Krueger Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. 1, Jamie L. Tancos certify that I am Secretary of the Corporation executing this release; that SOuth B �I Bend Area Vice President _.�._.. -.._ m who signed this release on behalf of the contractor wa��t, 00. 4t1411, e of said Corporation; that said release was duly signed for and p i& CK� Corporation by Authority of its governing body, and is within the scope of corporate powers: �.`� �,,..• /� r` G©�PQN,gll�. ........... _......... _..... ._ _...-.._............... �.................. Secretary's Signature _ _ t<` � C) _ s • S ale Seal Jamie L. Tancos , �A, •••�•'' Printed Name ••• •••'' �� '''.1 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. Date: 09/14/2020 Constructiob'Manager BOARD OF PUBLIC WORKS Gary A. Gilot, President ^ Elizabeth A Maradik, Member Joseph R. Molnar, Member BOARD OF PUBLIC WORKS APPROVAL Date: September 22, 2020 ']heresc .1. Dormr, hlembcr Jordan V. Oathers, Member ATTEST sZv" ! C, 1Nw r/ Lin M. Marhn, C;lcrlc...... Final Waiver of Lien State ofMana, County of t. Joseph SS: Dustin HilaryArea Vice President (Name ofOfficerbe duly sworn South Be....._.��.....,,,,..�� � �► Bend (Title) Of Walsh & Kelly, Inc. having canttacteawith City of South Bend (Contractor) (Owner) p ._._ConcretemmmSidewalk Repair tofixrnishcex�inmaterials and/or labor asfollows: Asphalt Parkin Lot(D�ndi Sidewalk fora project known as 315 & 319 W. Jefferson Exterior Renovations (Division C) .� e (Name ofProject) located at 315 & 319 W. Jefferson, South Bend y Cit oµW�� ► � _.,�. .__..uu and owned b f South Bend (Owner)C,©SA09 • / i qr •iZ= and does hereby fuuther state on the behalf ofthe aforementioned subcontractor/supplier: AL (P ) there is due from the contractor the sum of % ,.' • �� (PARTIAL WAIVER) that ..._...... ...�� ._ ,_A.. _� �Dollars ❑ receipt of which is hereby aclaxowledged; or ❑ the payment of which has 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 hom the contractor is the sum of ❑ 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 shalt become effective only upon receipt of such payment. THMWORE, the undersigned waives and releases unto the OwAer 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, Rlrnished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certlf'ied.tl no other party has any claim or right to a lien on account of any work performed or material finished to the undersigned fob aak'i j and Waiver of Lien ec AIwithin the scope of this Affidavit Walsh & Kelly Inc.' ff IM) .;"""'" Representative) STATE OF 1NDIANA ) ) SS: ST. JOSEPH COUNTY ) and aal mowfore me, tham undersigned,te Notaryforegoing uAffidavit and �...... r said County and State, personally appeared ..-Dustin Hilary d Waiver of Lien. IN WITNESS WHEMOF, I al se on the $th.... day of �t.�mberTM zno 20 Y y have hereunto subscribed m name and Red m official � � No public Signature. My Commission Expires: Residing in __Marshall June 7, 2023 County, pF �, AMID €LIZASE Commissron Expires June 7, 2023 Surety 0 + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, rD 08889-1650 Federal Insurance Company Maintenance Bond Bond No. MNT 8258-53-58 Amount $4,307.50 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, Indiana, Board of Public Works 227 West Jefferson Blvd. South Bend, IN 46601 (hereinafter called the Obligee), in the amount of Four Thousand Three Hundred Seven Dollars and 50/100 (!0,307.50 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 9th day of September, 2020. WHEREAS, the said Principal has entered into a contract dated August 27 2019 for: 315 & 319 W. Jefferson Exterior Renovations, Project No. 119-064 And WHEREAS, the said Principal is required to guarantee the 315 & 319 W. Jefferson Exterior Renovations, Project No. 119-064 installed under said contract, against defects in materials or worlananship, which may develop during the period to Form 15-02.007MM Mv. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the said guarantee, 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. Walsh & Kelly, Inc. i Federal Insurance Company Attorney -in -Fact Lisa M. Parsley Form 15-oaGG75M ftv. spn CHUBBe 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 8258-53-58 Obligee: City of South Bend, Indiana, Board of Public Works 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 lg day of November, 2019. lei- Aawn M. Chloros, Assistant Secretary Stephen M. Haney, Vice President am Zk STATE OF NEW JERSEY County of Hunterdon Ss. On this 1R day of November, 2019, before me, a Notary Public of New jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome (mown 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 X 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 � tun•tRlrlle.t. Aosw�+re ` �� ► NOTARYPUD m+� jeRaW PUBLIC. tsmntiwar o�lre. ary >te, 2os,a --I'- r� pBf 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, connects 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 an behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the 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 -in -fact (3] Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on hehalfoftheCompany,mappoint 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 seal of the Company or otherwise, such Written Commitments of the Company as may be specifled 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 of the 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 byspecification ofoneormore particular written Commitments. (S) The slgioamre 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 far and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of anysuch 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'Compardes') do hereby certify that (1) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effeM (it) the foregoing Power of Attomey is true, correct and in full force and effect Given undermy liNd and eats of said Companies at Whitehouse Station, NJ, this September 9, 2020. .-- t4 '"�` r sou a �+�►•�•a M1�• <.F t;ya,e+t�� Dawn M. Chloros, Assistant Secretary „^. * ,THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY O - OTHER MATTER, PLEASE CONTACT US AT „ p........�..».). _-- ........ OF ND OR NOTIFYUSOFANY,urq to-chubb.coto l _ •' `,� 9: ,, _. _,_ Tel .^: hone 909 903- 3493 Fax 90a 903.365E a -mail• t — .Y., ......m» 'ombined- FEl> �It : WFlG1tpIC (rev. 11-19) „ Project Number: 119-064 DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING 315 & 319 W. Jefferson Exterior Renovations Project Name: Change Order #: _ DATE INITIATED: 9-10-20 BPW DATE: 9-22-20 Brief Summary of Change Order; (Construction Change, Alternative, Substitution, Differing Instructions, Out of Scope, Etc.). Curb and sidewalk work eliminated from the contract because one of the utility companies replaced it while doing alley work. Attachments: (List documents support change — required) N/A Amount of ❑ Increase / O Decrease: $ 4, 770.00 Previously approved Change Order(s): $ 1 ,856.00 Current Percent of Change: -9.97 New Total Amount: $ 43,075.00 Total Percent of Change: -6.34 Funding Secured From: (filled out by PM) RECOMMENDED BY: Dan Jones Project Inspector (Print Name) REVIEWED BY: Toy Villa Construction Manager (Print Name) APPROVED BY: Zach Hurst Engineering Project Manager (Print Name) APPROVED BY: Kara Boyles Categories (Pick One): ❑ Scope of Work 0 Differing Site Conditions, Changed Conditions ❑ Conflicted Specifications and Drawings ❑ Failed Materials ❑ Error ❑ Omission 0 Final Quantity Adjustment 11 (Signature) (Signat e) (Signature) 9-14-20 (Date) 09/14/2020 (ware) (care) City Engineer (Print Name) (Signature) (uate) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/14/2020 Name Toy Villa Department Engineering BPW Date 09/22/2020 Phone Extension 5920 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type —Required 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 X❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution I-1 Other: I -I Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information Walsh & Kelly, Inc ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No 315 & 319 W. Jefferson Exterior Renovations — Division C 119-064, Div. C RWDA TIF 324.1050.460.42.02 $43,075.00 Purpose/Description Project Closeout. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase % Decrease ( %