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HomeMy WebLinkAboutChange Order No 1 & PCA - Pure Green Farms Site Improvements Proj No. 121-056 - C&E Excavating1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 13, 2024 Mr. Thad Bessinger C&E Excavating, Inc. 53767 CR 9 Elkhart, IN 46514 timbkcandeexcavating com RE: Change Order No. 1 (Final)/Project Completion Affidavit Pure Green Farms Site Improvements - Project No. 121-056 Dear Mr. Bessinger: At its August 13, 2024 meeting, the Board of Public Works approved the Final Change Order for this project, be decreased by $64,145.50. The final contract amount is $314,655.50. In addition, the Project Completion Affidavit for this project was approved in the amount of $314,655.50. Copies of the Change Order and Project Completion Affidavit are enclosed for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou rr n CITY OF SOUTH BEND, INDIANA ` DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 6/25/2024 PROJECT NO: 121-056 PROJECT NAME: Pure Green Farms Site Improvements CONTRACT DATE: 7/25/2023 CHANGE ORDER NO: 1 (Final) SUBJECT OF CHANGE ORDER: PCR #1-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 date/time CONTRACTOR Contractor Signature Printed Name and Title $ 378,801.00 $ 0.00 $ 378,801.00 [] Increased XJ Decreased $ 64,145.50 $ 314, 655.50 -16.93 % -16.93 % 11 /1 /2023 0 days 0 days 11 /1 /2023 RECOMMENDED FOR APPROVAL �5r"& ! fife' CQJiSTRUCTION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS C&E Excavating, Inc. Company Name CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 53767 CR 9 Address Elizabeth A. Maradik, President Elkhart, IN 46514 City, State, Zip Gary A. Gilot, Member a 7',-4 Murray L. Miller, Member �7�t Joseph R. Molnar, Vice President Briiaa�naa Micou, Member Attest: Theresa M. Heffner, Clerk Date: August 13, 2024 ysKi� CITY OF SOUTH BEND, INDIANA. BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Pure Green Farms Site Improvements PROJECT NO 121-056 FINAL COST $314,655.50 CONTRACT SIGNED 7/25/2023 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Site improvements and lot development at Pure Green Farms. 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. Executed this day of 1202 nature bcgar-, SItAA- Printed Name C&E Excavating,Inc. Company Name 53767 CR 9 Company Address Elkhart, IN 46514 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared rtbir and acknowledg his/her signature to the above Project Completion Affidavit on the , — day of 202 N •Signal e , a-[�e My Commission Expires Printed Name County of Residence `ribk=pVLV� If the Contractor isa corporation, the following certificate will be executed. I ! _ certify that I am Secretary of the Corporation executing this release; that ' who signed this release on behalf of the contractor was then ~ , of said Corporation; that said release was duly signed for and on behalf of said Corporation by A thority of its governing body, and is within the scope of corporate powers: CRISTOL MELODY VALDEZ l8= Notary Public, State of Indiana Secretary's Signa'b re Elkhart County Co orate Seal Commission # 696906 -� � ^F� �c<z �—• �3ln�s Der 'LS My Commission Expires Printed d am February 20, 2025 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: 8/2/2024 Co ruction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS VIL4 Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Briana Micou, Member �4 Attest: Theresa M. Heffner, Clerk Date: August 13, 2024 Final Waiver of Lien State ofIndiana, County of _ 7E 1K1-1014- SS: being duly sworn that he/she is they t c_e_. �t e.S► er (Name of Officer) (Title) Of (L LE EY AVATT-m1-, ZMc having contracted with City of South Bend (Contractor) (Owner) to furnish certain materials andlor labor as follows-, (Description) for a project known as _ Pier o;,r (Name of Project) located at R 2 o W . C c kVe.,e-L �X ►ye, 5v�,4- -& ,-A and owned by City of South Bend (Owner) and does hereby further state on the behalf of the aforementioned subcontractor/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 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 sball be effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of AAsnclru4 1]rnz,�-e 41,reo �1rDD ($74te 3.qx) ❑ 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 sbali become effective only upon receipt of such payment. THBREFORE, 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 as account of labor or material or both, famished 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 famished to the undersigned for said project, and within the scope of this Affidavit and Waiver of Lien. E 1E�(G4Vta.�tin ANC.. (F I_ M E L D A L D E L Authorized Representative) STATBOFINDIANA ) �blic. Stale of Indiana �; i +khartCounty SS: , . ,-ission#696906 ST. JOSEPH COUNTY ) emission Expires Before me, the undersigned, a N Public In and for said Ala lly appeared and acknowledged the execution of the fbragoffg—A]TkfaviFaff d. Waiver of Lien. INIWHMSS WkI1;1tEOF, I have hereunto subscribed my ame and affixed my o cial seal on the r day of Z82( I i I �4h wz�) - bllc Si My Commission Expires: d-` a V Residing in fA-lw�- County, Notary Public Name MAINTENANCE BOND Bond No. $12109 KNOW ALL MEN BY THESE PRESENTS: C & E Excavating, Inc. That 53767 County Road 9 N Elkhart IN 46514 as Principal, hereinafter called Contractor, and Em to ers Mutual Casualty Company P.D. Box 712 . Des Moines. IA 5030E-0712 , as Surety, hereinafter called Surety, are held and firmly bound unto city Of South Bend- QoaWJQf-PWbIic--W-Q[�s 227 W Jefferson Blvd South Bend, IN 46601 , as Obligee, hereinafter called Owner, in the penal sum of TNE!y One Thousand Four Hundred Sixty Six Dollars and 001100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: Pure Grs PN: 121-056 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 as the Plans. 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 (3) Three I1< from the date of substantial completion of the work provided for in the Plans, then this obligation to be void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and scaled this 14th day of June 12024 In the presence of: f C & E Excavating, Inc. Principal (Seal) By: - el -1 i 5 c- 7 e'? 6-A . Title ,..•`;;;uaL'', •, Employers Mutual Casualty Company `�p40RgTi�•: Surety o * SEAL �;•..,,,,., � y: •.. ;�i s' Trade House Attomey-in-Fact P.O. Box 712 - Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EKASCO Insurance Company. an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation %emc INSURANCE 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as 'Company' and collectively as 'Companies", each does, by these presents, make, constitute and appoint; Tracie House its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S012109 Principal C & E Excavating, Inc. Obligee City Of South Bend, Board of Public Works and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: AESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (I y appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, reeognizances, contracts of indemnity and other virdings obligatory in the nature thereof; and (2) to remove any such atto rn ey-n -fact at any time and revoke the pourer and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and fimitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and u n derlakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of 'Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company- The facsimile or mecMnically reproduced signature of such offer, whether made heretofore or hereafter, wherever appearing upon a cenified copy of any power-of•anomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 1911 day of September, 2022. f f Seals -- ,., it R. Jean, sident & CEO Todd Strother,Executive Vice President "" '' •: , `cauP,rr•;. �:� + `{a ;. of Company 1 airman, President Chief Legal Officer &Secretary of & CEO of Co anies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 s��•SEAL-=� ��1803.=a'=;,i 1853�'�' 2 x BOR'fA'i . : pi�y7j •� •9'�9: � �� :• :D •`- cf •w- SEAL _x. SEAL =f: SEAL =a- �a qq KATHY LAYFAIDGE >�``` IcorrmiF"Nmtw790?49 k� On this 19, day of 5epember, 2022 before me a Notary Public 0 and for the State of Iowa, personally appeared Scott R. Jean and Todd Strotfter, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer andlor Secretary, respectively, of each of the Companies above: that the seals affixed to this instrument are the seals of said corporations, that said Instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors: and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the exec ulion of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. Notary Vublic in and for the State dr Iowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certily that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 19" day of September, 2022. are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 14th day of June 2024 Vice President 7853 (9-22) 0000000-NA 00000 000 SSS 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCMTrCT D CONTRACTOR ❑ AIA Document G707 SURETY K) OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO.: (Name arrd address) City Of South Bend, Board of Public Works CONTRACT FOR Pure Green Farms Site 227 W Jefferson Blvd Improvements PN: 121-056 South Bend, IN 46601 PROJECT. CONTRACT DATED: July 25, 2023 (Name and addrrrsq Pure Green Farms Site Improvements PN: 121-056 In accordance with the provisions of the Contract between the Owner and the Contracax as indimted above, the flilwd name and addhm QfSN"!j Employers Mutual Casualty Company P.O. Box 712 Des Moines, IA 50306-0712 SURETY, on bond of ()nsen nine and addreiq of Corvmuw) C & E Excavating, Inc. 53767 County Road 9 N Elkhart, IN 46514 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that Mal payment to the Contractor shali not relieve the Surety of any of its obligations to (Hrsen newe and addrw of owner) City Of South Bend, Board of Public Works 227 W Jefferson Blvd South Bend, IN 46601 OWNER, as set forth in said Surery's bond. IN WITNESS WREREOF, the Surety has hereunto set its hand on this date: June 14, 2024 ()rtueri fn ugirfjWT1 a nronrb jo)fourd kr && manerk dare anrl tear.i n4? cpnvoq�f� .� S EAL. = n = A- in,N� Attest: (Seal): Employers Mutual Casualty Company (Srar{r) J" f aFt7 . (S�¢rratrt,�r prr� r.i�s : AAd rrprwxnrafirr) Tracie House, Attorney -in -Fact (hYnied game and fire) G707--1994 P.O. Box 712 • Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union insurance Company of Providence, an Iowa Corporation %emc INSURANCE 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as 'Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: Tracie House its true and lawful afforney-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: SO12109 Principal C & E Excavating, Inc. Obligee City Of South Bend, Board of Public Works and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY Tips Power-of•Altomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (i ) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seat of the Company thereto, hands and undertakings, reoognizances. contracts of indemnity and other writings obligatory in the nature thereof: and (2) to remove any such attomey-m-fact at any lime and revoke the pourer and authority given to him or her. Attomeys-in-fact stulI have power and authority, suNect to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf cf the Company, and to attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such atto mey-i n-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects Minding upon this Company. The Iacsimile or mechanically reproduced signalufe of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be vatfd and binding upon the Company with the same force and effect as though manualk affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 1911 day of September, 2022. Seals colt R. Jean, sident & CEO Todd Strother, Executive Vice President ........... of Company 1 airman, President Chief Legal Officer & Secretary of _.q L,�% ; t : ����°•.,,• = 6; : w°°� ry : & CEO of Co n€es 2, 3, 4, 5 & 8 Companies 1, 2, 3, 4, 5 & 6 ;SEAL_ c- 1863 =e19536=Y iCWA '�,IiDWi.'i . '��h�'� j7�A` . * RYA %.•. SEAL SEAL g SEAL '2 y : : A Y, KATHY LAVERIDGE Ccommem wants 790769 a* October 10,�zvfs On this 1 g" day of September, 2022 before me a Notary Pubiic in ar(i for the State of Iowa, personally appeared Scots R. Jean and Todd Strother, who, being by me duly swom, did say that they are, and are knmvn to me to be the CEO. Chairman, President, Executive Vice President, Chief Legal officer and/or Secretary, respectively, of each of the Companies above; that the seats affixed to this instrument are the seals of said corporations: Ihat said instrumerfl was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors: and that the said Scott R. Jean and Todd Strcther, as such officers. acknowledged the execution of said instrument to be their votuntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. Notary ublic in and for the State Iowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby celify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorrey issued pursuant thereto on 19" day of September, 2022, are true and correct and are still in lull force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 14th day of June 2024 Z. Vice President 7853 (9-22) 0000000-NA 00000 000 SSS 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/02/2024 Name Kvle Ludlow Department Public Works BPW Date 08/13/2024 Phone Extension 9157 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired 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. 1 ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease. /Encroach Company or Vendor Name C&E E. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information U Yes U If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Pure Green Farms Site Improvements 121-056 River West DA TIF PR-00021363 PO-0025184 $314,655.50 Purpose/Description _Project Closeout and Change Order For Change Orders Only Amount of ❑ Increase $ ® Decrease ($ 64,145.50) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: $ 378,801.00 Increase % Decrease $ 314,655.50 Increase Decrease 0 Days ll/l/2023 16.93% 16.93%