HomeMy WebLinkAboutContract Cancellation - Cancel Gemini at Colfax – Exterior Renovations - Windows Contra – Vic Butcher Construction
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 26, 2022
Mr. Westley Butcher
Vic Butcher Construction
23934 Edison Rd.
South Bend, IN 46628
wbutcher8903@gmail.com
RE: Contract Cancellation
Dear Mr. Butcher:
At its April 26, 2022 meeting, the Board of Public Works approved the cancellation of
the Gemini at Colfax – Exterior Renovations - Windows Contract, Division E, Project No. 119-
103E.
Enclosed please find a copy of the contract for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
Page 1 of 1
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Theresa Heffner, Clerk
Board of Public Works
FROM: Zach Hurst, Project Engineer
SUBJECT: Contract Cancellation – Contractor Default
119-103 Gemini at Colfax – Exterior Renovations – Division E
DATE: March 17, 2022
Notice to Proceed for Division E of project 119-103 Gemini at Colfax – Exterior Renovations –
Window Replacement was issued in August of 2020, and Vic Butcher Construction (VBC)
began work. Work continued for several months until April 2021, when a site visit from Indiana
Department of Environmental Management (IDEM) noted that lead paint may be present at the
building. At the time of construction, VBC did not have the proper Environmental Protection
Agency (EPA) certification to perform renovations which may disturb lead paint.
VBC then began the process to gain EPA certification to be able to resume work at the building,
replacing the remaining windows – covering a total of 6 apartment units. In March of 2022, the
City was notified by South Bend Heritage, owner of the Gemini-Colfax Apartments, that VBC no
longer existed as a Contractor. VBC had lost all their skilled-trades employees during the labor
market disruptions seen during the Covid-19 pandemic.
To that end, in accordance with the City’s Standards and Specifications included in Public
Works contracts, VBC was notified of their Event of Default – namely an unauthorized
discontinuation of work. VBC was given a 10-day period to cure the Event of Default, beginning
on April 7, 2022. A copy of that notification is attached.
The 10-day period to cure has passed, and the City now intends to cancel the remainder of the
contract, totaling $58,001.28. The funds will be used to find a contractor to install the remaining
windows in accordance with EPA requirements.
April 26, 2022
04/06/2022
Victor A. Butcher
23934 Edison Road
South Bend, IN 46628
RE: Event of Default
Dear Mr. Butcher:
This letter serves as notice of an “Event of Default” under the agreement you entered into with the City
of South Bend (the “City”), dated July 14, 2020, to install windows at the Gemini-Colfax apartment
building (i.e., City project number 119-103E).
The scope of work for the project included replacement of 220 windows, covering all units of the
building. At the time of this letter, six (6) units remain unfinished, and the substantial completion
deadline of August 31, 2020, has passed. Per Section XV (‘Default and Termination’) of the Special
Provisions of the agreement, the unauthorized discontinuation of work constitutes an Event of Default.
You have 10 days from the date of this letter to cure the default. The default may be cured by providing
to the City a detailed plan outlining how the remaining windows will be installed within a timeframe
acceptable to the City. The plan may be submitted to the project manager, Zach Hurst, at
zhurst@southbendin.gov. If the plan is not received within the 10-day timeframe, the agreement will
terminate on day 11 without the requirement of further action or notice from the City.
Sincerely,
Clara McDaniels
Assistant City Attorney
cc: Zach Hurst
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/19/2022
Name Zach Hurst Department DPW
BPW Date 04/26/2022 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Clara McDaniels
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. PCA
Chg. Order, No. Traffic Control Resolution
Other: Contract Cancellation Ease./Encroach
Required Information
Company or Vendor Name Vic Butcher Construction
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Gemini at Colfax – Exterior Renovations – Windows
Project Number 119-103, Division E
Funding Source RWDA TIF
Account No. PO-0006609
Amount $58,001.28 remaining
Terms of Contract See Memo
Purpose/Description Cancel remainder of contract due to contractor default
For Change Orders Only
Amount of Increase
Decrease
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Current Percent of Change:
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New Amount $
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