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Home My WebLink AboutChange Order No 7 - PCA - Western Ave Corridor Improvements Proj No 114-033B - Rieth Riley Construction1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 13, 2016 Robert Nichols Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 RE: Change Order No. 7 (Final)/Project Completion Affidavit Western Avenue Corridor hnprovements - Project No. 114-033B Dear Mr. Nichols: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on December 13, 2016, approved the Final Change Order for this project, for a decrease of $17,690.18. The new Contract sum is $955,346.70. In addition, the Project Completion Affidavit for this project was approved in the amount of $955,346.70. 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 c: Toy Villa, Engineering Roger Nawrot, Engineering Aaron Kobb, Community Investment Judy Love, Community Investment VARY A. UILOT JUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA _ d `- DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 9/9/2016 PROJECT NO: 114-033B PROJECT NAME: Western Avenue Corridor Improvements CONTRACT DATE: 6/18/2015 CHANGE ORDER NO: 7 (Finall SUE The :HANGE ORDER: PCR #15-Adjustment to Fi 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 chanqe for entire proiect Original contracted completion date/time Extension of date/time by previous change orders Date/time extension by this change order New completion date/time CQNTRACTOR 4n Contractor Signature FOp@�-'r Ph, Printed Name and Title Rieth-Riley Construction CO. INC. Company Name 25200 State Road Address South Bend, Indiana, 46614 City, State, Zip Increased X Decreased 1,037,522.21 $-64,485.33 $ 973,036.88 $ 17,690.18 $ 955,346.70 -1.82 % -7.92 % 10/21 /2015 0 days 145 days 7/15/2016 RECOMMENDED FOR APPROVAL CONS "CTION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: I-Jb3t) >/G Gary Elizabeth^A Maradik, Member Therese J. D au, ember S /�-� J es A. Mueller, Member d!�ouni4 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT ra PROJECT NAME Western Avenue Corridor Improvements PROJECT NO 114-033B FINAL COST $955 346.70 CONTRACT SIGNED 6/18/2015 MAINTENANCE AGREEMENT ENDS Western Avenue Striping and Traffic Equipment Painting from Edison to LaSalle Excluding, PROJECT DESCRIPTION Dundee to Bendix 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 by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the Cit, of South Bend which were a part of the above Contract. Executed this 2nd days ecember 2016 Rieth-Riley Construction CO., INC Company Name Signature 25200 State Road 23 Joshua A. McCp ick, Sales Manager Company Address Printed Name South Bend, Indiana 46614 City, State, Zip WITNESSES: Before me, the undersigned Notary Public in and for said county and state, personally appeared Joshua A. McCormick acknowledged his/her signature to the above Project Completion Affidavit on 24 d of ece er �,a�tlpr"",. DAWN E. ARMSTRONG s'• �`��: Notary Public, Stote of Indiana ry Signa re My Commission Expires 4/18/23 `,;'"°"^Y:�= iaaode county EAL; 5596 Dawn E. Armstrong '-,, ,No aN* My Commission Expires Printed Name County of Residence LaPort """ April 18, 2023 If the Contractor is a corporation, the following certificate will be executed. I, Gary A. Pyclik certify that I am Secretary of the Corporation executing this release; that Joshua A. McCormick who signed this release on behalf of the contractor was then Sales Manager 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 nature Gary A. Pycli ,Assistant Corporate Secretary Corporate Seal Printed Name 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: I Z• L• l 4 Constructio M nager j BOARD OF PUBLIC WORKryAPPROVAL Date: J ! L1 ( rAl L Gary A. Gilot, President Suzanne M. OF ritzberg, M ber EI•¢abeth A Maradik, Member �— Therese J. Dora Me ber Jam A. Mueller, Member---Lifida M. Martin, Cle k INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: BOARD OF PUBLIC WORKS FROM: TOY VILLA, CONSTRUCTION MANAGER SUBJECT: WESTERN AVENUE CORRIDOR IMPROVEMENTS CHANGE ORDER #7 DATE: 12/2/16 The request for Change Order #7 on the Western Avenue Corridor Improvements project is the Final Adjustment of Quantities due to under and overages of the contracted plan quantities. Change Order #7 also addresses the added working days for re -striping the entire project. This Change Order decreases the Contract Cost by $17,690.18. This Change Order adds 145 additional Contract Days. Thank you. What we do today makes a difference! MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 UUIIU IVV.. IUDUDD410 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. as Principal, and Travelers Casualtv and Surety Comoanv of America , a corporation organized and existing under the Laws of the State of Connecticut as Surety, are held and firmly bound unto CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS as Obligee, in the total SUM Of Ninety Five Thousand Five Hundred Thirty Five and 00/100 U.S. Dollars ($ 95,535.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligee dated 6/23/2015 for Western Ave. Corridor Improvements & Streetscape 114-033B ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of 3 year(s) commencing on 08/04/16 (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. SIGNED this end day of December 2016 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. By: Travel ualty and Surety Com y of America By:1X / i Debra J. Doyle , Attorney -in -Fact NOTARIAL ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF COOK On this 2"d day of December , 2016, before me Diane M. O'Leary a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Debra J. Doyle, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney -in -Fact of The Travelers Casualty and Surety Company of America, the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 01/04/17 Ym+v OFEIeIAL SEAL DIANE M O'LEARY i NOTARYPUBLIC,STATEOF,tLLIP:OIS ' My COMMISSION EXPIRES { J„NUARY A,^Di? .A POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230983 Certificate No. O O 6 8 3 7 9 4 3 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Debra J. Doyle, Diane M. O'Leary, James B. McTaggart, Jennifer L. Jakaitis, Judith A. Lucky-Eftimov, Sandra M. Winsted, Sandra M. Nowak, Susan A. Welsh, Christina L. Sandoval, Linh Eck, and Jessica B. Dempsey of the City of Chicago , State of Illinois , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 23rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company t cnsua�r Q'� °°.1Y��I AggQ' fin ,1977 MCasNftiiEn ;J�.prf:)e 1982 o F .� HFaiF0a0 + l mrc <P� (- uy`l^kct^'a= SE AL �, o SHAI. a coax % 1888 e < State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 23rd day of June 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,T[I� In Witness Whereof, I hereunto set my hand and official seal. �1j,% \ 1 \W w" 1. • My Commission expires the 30th day of June, 2021. O p,�UyG * Manc C. Tcucamt, Notary Public 58440-5-16 Printed in U.S.A. OF Rieth-Riley Construction Co., Inc's ("Rieth-Riley") contract with City of South Bend Board of Public Works dated 6 23 15 which called for Rieth-Riley to provide material and services with respect to improvements described as: Western Ave Corridor Improvements & Streetscape 1 14-085A on real estate described as: Western Avenue, South Bend, IN. The work called for by said contract has now been satisfactorily completed and accepted by the owner, and in consideration of full and final payment in the amount of $ 1,838,183,83. Rieth-Riley hereby waives and releases its construction lien rights with respect to the real estate described above. This waiver and release is conditioned on actual receipt of final payment, including retainage. RIETH-Rll. Y STRUCTION CO., INC. 12/6/16 by: (Date) Joshua A. McCormick (Printed Name) Sales Manager (Title) 25200 SR 23, South Bend, IN 46614 (Address) (5741288-8321 (Telephone) STATE OF Indiana ) ) SS: COUNTY OF St. Joseph ) Before me, a Notary Public in and for said County and State, personally appeared Joshua A. McCormick the Sales Manoger of Rieth-Riley Construction Co., Inc., who executed and acknowledged the execution of the foregoing instrument for and on behalf of said Rieth-Riley Construction Co., Inc. WITNESS my hand and Notarial Seal this 6th day of -December, 2016 . My Commission Expires: Sue Anne Ciro , otary Public _October 22, 2022 gin _St. Joseph Co., IN S SUE ANNE CNIA al Notary Public side of l(AD&D t St J0510 Caumy M commhslop EMpiws Oct 22. 2022 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/06/16 Name Toy Villa /� Department Engineering BPW Date 12/13/16 Phone Extension 5920 Required Prior to Submittal to Board Legal ❑ Attorney Name Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for A// Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Re to Advertise ❑ Quote Opening ❑ Quote Award q' Title Sheet ❑ Change Order No. ® C/O & PCA No. 7 Final ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Increa Decre; Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ® ❑ Required Rieth Riley Construction Co., Inc. ❑ Yes Z No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE U No LJ Yes Name of Company Western Avenue Corridor Improvements 11 Major Moves & River West TIF 412.0602.431.42.03 & 324.1050.460.42.03 Project Closeout ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv. Iran, etc. uired For Change Orders l . t$Z% $ 955,346.70 -7.92% Dispersal After Approval Aaron Kobb, Judy Love T Villa