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Home My WebLink AboutChange Order and PCA - WWTP Degrit Yard Piping Proj No 123-031A - HRP Construction1316 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 May 13, 2025 Mr. Matthew D. Cain HRP Construction Inc. 5777 Cleveland Rd./PO BOX 226 South Bend, IN 46628 mattc (ae,hrpconstruction. com RE: Change Order No. 1 (Final)/Project Completion Affidavit Wastewater Treatment Plant Yard Piping Improvements Contract A - Project No. 123- 031 A Dear Mr. Cain: At its May 13, 2025 meeting, the Board of Public Works approved the Final Change Order for this project, be increased by $21,746 with an additional thirty-two (32) days. The final contract amount is $500,746 with a completion date of August 15, 2024. In addition, the Project Completion Affidavit for this project was approved in the amount of $500,746. 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, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Michael Schmidt, Assistant City Attorney Public Works Theresa Heffner, Clerk of the Board of Public Works FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Agenda Request —Change Order No. 1 & Project Completion Affidavit 121-046 WWTP Compressor Building Masonry Improvements (PROJ00000435 / PR-00030459 / PO-0030075) DATE: April 29, 2025 The Division of Engineering and Division of Wastewater recommend the Board of Public Works approval of Change Order No. 1 (FINAL), the Project Completion Affidavit, and closeout documents for Project No. 123-031A WWTP Yard Piping Improvements. Change Order No. 1 Summary Additional Hydro Excavation to Expose Existing Utilities (Unforeseen Condition): • Multiple subcontractors provided hydro excavation services to expose existing utilities in a congested area between tanks. Many of the utility locations were unknown due to inaccurate record drawings. Any of the utilities identified that were no longer in use were removed during the excavation and hydro excavation work instead of adding additional costs to protect or restore abandoned facilities. • Cost Increase: $35,000.00 3-inch Reuse Water Line Repair: • A 3-inch reuse water main ruptured during construction that required pavement removal, excavation, repair and pavement restoration. This was completed by the contractor since they were on -site and readily available to assist with the repair. • Cost Increase $24,000.00 Adjustment in Quantities • 6" WAS and Sludge Pipe Remove, reduced quantity by 167 LFT, Deduct $8,350.00 • 8" Sludge Pipe, Remove, reduced quantity by 2 LFT, Deduct $120.00 • 6" Ductile Iron Pipe, reduced quantity by 170 LFT, Deduct $28,220.00 • 8" Ductile Iron Pipe, reduced quantity by 5 LFT, Deduct $1,300.00 • 6" Ductile Iron 90 Deg Horizontal Bend, reduced quantity by 2 EACH, Deduct $11,000.00 • 8" Ductile Iron Transition Coupling, added quantity 1 EACH, Increase $9,000.00 • 5' Sidewalk, Concrete, 4 IN, reduced quantity by 32 LFT, Deduct $1,664.00 • Mulched Seeding and Sodding, increased quantity by 176 SYS, Increase $4,400.00 • Net Cost Adjustment for Unit Quantities, Cost Reduction:-$37,254.00 Change Order No. 1 Net Adjustment • Cost Increase: $21,746.00 Total Change Order No. 1 Amount: $21,746.00 Original Contract Amount: Previous Change Orders: Current Change Order No. 1: Percentage Increase by Change Order No New Project Total: Additional Time: New Completion Date: Attached are the following documents: • Change Order No. 1 • Project Completion Affidavit $479,000.00 $ 0.00 $ 21,746.00 4.54% $500,746.00 32 Days 8/15/2024 • Maintenance Bond (10%, 3-Year), Amount $50,075.00 • Consent of Surety to Final Payment • Pay Application — Final • Final Waiver of Lien Funding for this project was provided through Sewage Works Capital — Wastewater Capital, Account 642-06-605-514-442005. For questions regarding the subject Agenda Request, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. DATE: PROJECT NO: PROJECT NAME: CONTRACT DATE: CHANGE ORDER NO. CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS =- PROJECT CHANGE ORDER18; 04-29-2025 123-031A (DFO PROJ00000435) South Well Wastewater Treatment Plant Yard Piping Improvements - Contract A 03-12-2024 SUBJECT OF CHANGE ORDER: Additional Scope Items due to unforeseen conditions, Add'I Hydro Excavation and 3-inch Reuse Water Pipe Repair, Site Restoration 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 CONTRA OR aa&kl JJ Contractor Signature ma ew Cain, President Matthew D. Cain, President Printed Name and Title HRP Construction, Inc. Company name 5777 Cleveland Road / PO Box 266 Address South Bend, IN 46628 City, State, Zip $ 479,000.00 $ 0.00 $ 479,000.00 ® Increased ❑ Decreased $ $ 21,746.00 500,746.00 J3 4.54 % 4.54 % 07/14/2024 0 Days 32 Days 8/15/2024 Im RECOMMENDED FOR APPROVAL Construction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS to�(4 Elizabeth A. Maradik, President Gary A. Gilot, Member 4 7�� Murray L. Miller, Member Joseph R. Molnar, Vice President Breana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 13, 2025 �O45p13T11 g � CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT 1865 II 11 - PROJECT NAME Wastewater Treatment Plant Yard Piping Improvements - Contract A PROJECT NO. 123-031 A FINAL COST 500,746.00 CONTRACT 03-12-2024 MAINTENANCE AGREEMENT ENDS 08/15/2027 SIGNED PROJECT DESCRIPTION Demolition Work, Installation of Sludge Piping, and Site Restoration at the Wastewater Treatment Plant 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 29th day of April , 20 25 Signature Nancy Knapik, Vice President Printed Name HRP Construction, Inc. Company Name 5777 Cleveland Road PO Box 266 Company Address South Bend, IN 46628 City/State/Zip WITNESSES Before me, the undersigned Notary Public in and for said country and state, personally appeared Nancy Knapik , and acknowledged his/her signature to the above Project Completion Af ldavit on the 29th day of April , 20 25 (// C L Vargmft `'" tJoiy9c, Stale of kdorla tary Signature My Commission Expire sir 06L Cynthia L. Vanheste , „ My Printed Name County of Residence i If the Contractor is a corporation, the following certificate will be executed. I, Nancy Knapik , certify that I am Secretary of the Corporation executing this release; that Nancy Knapik who signed this release on behalf of the contractor was then Secretary 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's ignature Nancy Knapik, Secretary 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. Date: Construction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President 119 �GfsAG Gary A. Gilot, Member jYLwy � 7'i2o�4, Murray L. Miller, Member Joseph R. Molnar, Vice President Breana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 13, 2025 State of Indiana, County of St. Joseph SS: Nancy Knapik being duly sworn that he/she is the Vice President (Name of Officer) (Title) of HRP Construction Inc. — having contracted with City of South Bend (Contractor) (Owner) Demolition work, installation of sludge piping, and site restoration at the to furnish certain materials and/or labor as follows; Wastewater Treatment Plant (Deseripdon) for a project known as Wastewater Treatement Plant Yard Piping Improvements, Contract A, Project 123-031A (Name of Project) located at 3113 Riverside Drive, South Bend, IN 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 aura of Dollars ❑ receipt of which is hereby aclatowledged; or ❑ the payment of which lies 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 WA1VEJt) that the final balance due from the contractor is the sum of Twenty Five Thousand Thirty Seven Dollars and Thirty Cents ($ 25,037.30) ❑ recelpt of which is hereby acknowledged; or ® the payment of which has been promised as the sole consideration for this Affidavlt and Final Waiver of Lien which shall become effective onlyuponreeeipt 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 Jim 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 Lien. HRP Construction Inc. BY (Fim) (uthoriz�io .Representative) STATE OF INDIANA ) Nancy Knapik, Vice President SS: 5T. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, In and for said County and State, personally appeared Nancy Knapik and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o eial seal on the 29th day of April 20 25 N Public Signature My Commission Expires: March 6, 2032 Residing in St. Joseph County, Indiana Cynthia L. Vanheste Notary Public Name �Z�f 3t uA.KZ A CyLanheste �G�hdla� Jo8l"W"�3 t 66� MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. MNT9477204 That HRP Construction Inc. PO Box 266 5777 Cleveland Rd, South Bend, IN 46624-0266 as Principal, hereinafter call Contractor, and Fidelity and Deposit Company of Maryland Chicago, IL 60606 , as Surety, hereinafter call Surety; are held and firmly bound unto City of South Bend Board of Public Works -, as Obliges, hereinafter called Owner, in the penal sum of $50,074.60 R, 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 March 14, 2024 1 entered into a contract with owner for Project No. 123-031 -A, Wastewater Treatment Plant Degrit Building Yard Piping Replacement $ 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 jt�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 August 15, 2024 to August 15, 2027. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 30th day of April .2025 HRP Construction Inc. Pri (Seal) Matthew D. Cain', President Fidelity and Deposit Company of Maryland 'NOA111C11 tk Z<ZF, w 0 Z Mz cio 1 S Jep r L. Kas24ia, ktorrt,8'�y-in-Fact vo, 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 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 William J. CERNEY, III, Nicole L. BICKNELL, Jennifer L. KASZNIA, Pamela S. HIGGINBOTHAM, Megan E. RIESENBERG, Faith D. HUNT, Mark E. WOBBE, Barbara E. PEARSON, and Theresa M. BURNS, of South Bend, Indiana, Sandra L. JUNK, and Jordan M. SCHEIBER, of Fort Wayne, Indiana and Wesley L. MANTOOTH, and Lisa M. THOMAS, of Indianapolis, Indiana, 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 COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of September, A.D. 2021. Yitii+t \ , ilft ftt„ r Gosr,„''asua4gam p '''+.xtt \",Yfltttiitttft ��'�PO�^+;,�dc ;•^Oc�r^pQp'•`ti.`E�.� bt`,, `F+'•56 Coal C%�.ti �c�i0 A x s rr; t+?x is �I seal. rgga;,tQJ�: : Ti` 43 ,�.•� ^�U47..r''�k�a ` •5 ,'4tttttl+.HUf..... ff��tft a ''"ry aaaa`a``` �eyi,�i t41t\a + ftili It\ftfaa�a + By Robert D. lllturay Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 17th day of September, A.D. 2021, 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 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 'etc y�R•1t3�ftf �f' t•Rt,t tstc\ Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 30th day of April , 2025 . CFO cut40- ,rr # i 40M Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wtyv.reportsfclaims@zurichna.com 800-626-4577 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 04-29-2025 Name: Jacob M. Klosinski Department of Public Works — Engineering Division BPW Date: 05-13-2025 Phone Extension: Ext. 9494 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ® Attorney Name Michael Schmidt Purchasing ® Mickey Low 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. 1 ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Amount of El Previous Amount Information HRP Construction, Inc. (V-00000775 ❑ Yes[] If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Wastewater Treatment Plant Yard Piping Improvements — Contract A 123-031A (PROJ00000435 / PO-0030075) 642-06-605-514-442005 PO-0030075 See Below Sum The Division of Engineering and Division of Wastewater requests the Board of Public Works approval of Change Order No. 1 and the project completion affidavit for the subject project. All work is complete. Refer to Inter -Office Memorandum and attachments for chan e order and completion affidavit. For Change Orders Only Increase $ 21,746.00 Decrease ($ ) $ 479,000.00 Increase 4.54% Current Percent of Change: Decrease ( %) New Amount $ 500,746.00 Increase 4.54% Total Percent of Change: Decrease ( %) Time Extension Amount: 32 Days New Completion Date: 08/15/2024