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HomeMy WebLinkAboutChange Order No 1 (Final) PCA - Colfax Avenue and Hill Street Improvements Div B Proj No 114-018B - LL Geans1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1836 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 12, 2016 Mr. Rocky R. Geans L. L. Geans Construction Co. 1805 Elder Rd. Mishawaka, IN 46545 PHONE 574.235-9251 FAX 574/235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit Colfax Avenue and Hill Street Improvements, Division B — Project No. 114-018B Dear Mr. Geans: The Board of Public Works, at its meeting held on July 12, 2016, approved the Final Change Order for this project, for an increase of $2,697.60. The new Contract sum is $64,801.60. In addition, the Project Completion Affidavit for this project was approved in the amount of $64,801.60. 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, Linda M. Martin, Clerk Enclosures GARY A. GILOT DAVID P. RELOS ELIZABETH A, MARADIK JAMES A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA SoUTHBR off/ \NO DEPARTMENT OF PUBLIC WORKS w' PROJECT CHANGE ORDER ,eas DATE: 5/27/2016 PROJECT NO: 114-018B PROJECT NAME: Colfax Avenue and Hill Street Street Improvements CONTRACT DATE: 3/8/2016 CHANGE ORDER NO: 2 (Final) SUBJECT OF CHANGE ORDER: PCR #5-Quantity Adjustment 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 Contr 'ct Signature Rc)(L R . L(7c60s Printed N me and Title L.L. Geans Construction Co. Company Name 1905 Elder Rd Address Mishawaka, IN 46545 City, State, Zip $ 57,524.00 $ 4,580.00 $ 62,104.00 x] Increased ❑ Decreased $ 2,697.60 $ 64,801.60 4.34 % 12.65 % 5/1/2016 1 days 0 days 5/2/2016 RECOMMENDED FOR APPROVAL I�- 1 Q... r CONST TION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: ry A. Gilot; President �L i A -e David P. Relos," ber 0 i' Ltk Elizabeth A. Maradik, Member Therese J. Dor tuber /1' Ja es A. Mueller, Member PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT Colfax Avenue and and 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. n�L- Execute this day of Ju,. L 201 % L.L. Geans Construction Co. Company Name Sign r /- 1905 Elder Rd V 'R- C7eaat �. r d�f Company Address Printed N me Mishawaka, IN 46545 City, State, Zip W ITNESS ESS: theywr m h undersigned Notary Public in and for said country and state, personally appeared L, /, and acknowledged his/her signature to the above Project Completion Affidavit on aayof _ a 201 Not ign tl'e ' My Commission Expires �I/b3/Zbj� Printed NaMe County of Residence , .2(XP�k If the Contractor is a corporation, the following certificate will be executed. I, �Ga �e_.� C •Cl , certify that I am Secretary of the Corporation executing this release; that 0 ( . G ri S who signed this release on behalf of the contractor was then Prs i cltki l— of said Corporation; that said release was duly signed for and on behalf of said Corporation by Authority of it overning body, and is within the scope of corporate powers: Secreta Signature Corporate Seal GZQ_V\ -�- 0-- Gcos Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable fokfinal approval and we recommend to the Board of Public Works that it be ordained so. Date: (e • I a • i 4 Construction Hager � I BOARD OF PUBLIC WORKS APPROVAL Date: %! Ga A. Gilo , resident DaMd P.LR,elos, Member Elizabeth A. Maradik, Member Therese J. DffraLWember Jagnes A. Mueller, Member t'inda M. Martin, Cle k THE CINCINNATI INSURANCE COMPANY MAINTENANCE BOND KNOWALL MEN BY THESE PRESENTS, that we L. L. Gears Construction Co., 1905 Elder Road, Mishawaka, IN 46545 as Principal and THE CINCINNATI INSURANCE COMPANY, 6200 S. Gilmore Road, Fairfield, Ohio 45014-5141, a corporation organized under the laws of the State of Ohio, with principal office at Cincinnati, Ohio, as Surety, are held and firmly bound unto City of South Bend, Indiana, Board of Public Works, 227 W. Jefferson Blvd., South Bend, IN 46601 (hereinafter called the Obligee), in the penal sum of Six Thousand Four Hundred Eighty Dollars And Sixteen Cents - ($6,480.16) Dollars, for payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. DATED this 22nd day of June , 2016 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Colfax Avenue and Hill Street, Street Improvements, Project No. 114-018B and, WHEREAS, the work called for under said contract has now been completed and accepted by the said Obligee; NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of (3) year(s) from and after the 18th day of June, 2016 , indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in the City of Cincinnati, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default, and that no claim, suit, or action by reason of any default of the Principal shall be brought here under after the expiration of thirty days from the end of the maintenance period as herein set forth. S-2400 (6/08) L. L. Gears Construction Co. �Pirr�ipal) (Seal) (Title) Rocky R. Geans, President THE CINCINNATI INSURANCE COMPANY By Aticn'.ry- J. Kevin Hughes, Attorney -in -Fact THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Harold E. Everett; Elaine K. Miller; Marie E. Comparet; Thomas J. Van Dyck; Jada M. Karst; Melody S. Hoerl; Katherine J. Ortiz; J. Kevin Hughes; Thomas J. McGovern; Tracie McBride and/or Melinda Jagger of Fort Wayne, Indiana its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Five Million and No/100 Dollars ($25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 0 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and an}such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 101h day of May, 2012. ,U InRR,„ a` e u CORPORRTE THE CEVCEQNIATI INSURANCE COMPANY a SEAL Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10" day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. Rpn.n...q A- sF♦'2 Ar '14 MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO ♦ 7 0 My commission has no expiration ♦♦♦♦♦ �T �F �Vt'� date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at F^hfieid, Oiun. this 22nd day of June, 2016 cCORPoRIiE*•' a SEAL oeio BN-1005 (5/11) --A5 Assistant Secretary FINAL WAIVER OF LIEN WHEREAS, the undersigned L. L. Geans Construction Co. has been heretofore employed by City of South Bend Department of Public Works to furnish certain materials and labor, to -wit: general concrete services, for the premises owned by, City of South Bend, and located at Colfax Avenue and Hill Street, South Bend, IN 46617. THEREFORE, KNOW YE that the undersigned, for and in consideration of the sum of $64,801.60, hereby waives, and releases unto, City of South Bend, the owner of said premises, any and all lien, right of lien, or whatsoever kind of claim, on the above - described building and real estate, to and for said amount, on the account of any and all labor or material or both, furnished for or incorporated into said building by the undersigned. The undersigned further certifies that all of the undersigned's employees, suppliers and materialmen furnishing labor and/or material to date, have been paid in full, and that the undersigned does not maintain a consensual agency relationship insofar as including such employees, suppliers and materialmen as parties to this Final Waiver of Lien. IT IS FURTHER certified that the consideration moving the undersigned for executing this Final Waiver of Lien has been mutually given and accepted as final payment to or on the account of said L. L. Geans Construction Proposal No.16.0032, for the previously mentioned general concrete work. Execution of this Final Waiver of Lien does not waive or release any lien rights or claims for any work performed or materials furnished to this project for which payment has not actually been received. DATED this 171h day of June, 2016 CONSTRUCTIO CO. By: COCYA. Geans, President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) PERSONALLY appeared before me this 171h Day of June, 2016 who, being duly sworn upon his oath, says that he is the President of L. L. Geans Construction Co., and that he acknowledges the execution of the foregoing Final Waiver of Lien. By:�1=4 fiLc- NANCY M. HALTEMAN Na is M Halteman, Notary Public Notary Public, State of Indiana SEAL My Commission Expires 11/03/2018 My Commission Expires 11MO18 County of Residence: St. Joseph Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 07/05/16 Toy Villa i� Department Engineering BPW Date 07/12/16 Phone Extension 5920 to Submittal to Board Legal ❑ Attorney Name Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for A// Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ® C/O & PCA No. 1 Final ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name L.L.Geans Construction Co. New Vendor ❑ Yes N No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Compan Project Name Colfax Avenue and Hill Street Improvements Project Number 114-018B Funding Source RWDA TIF Account No. 429.1050.460.31.02 Amount $ Terms of Contract Purpose/Description Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment. E-Verifv. Iran. et( I Required For Change Orders Only Amount of ® Increase $ 2,697.60 ❑ Decrease $ Previous Amount 104.00 Current Percent of Change: 4.34% New Amount $64,801.60 Total Percent of Change: 12.65% Dispersal After Approval Copy Original ® ❑ David Relos ® ❑ Judy Love ❑ ❑ Toy Villa