HomeMy WebLinkAboutChange Order No. 7 - Western Ave Corridor Improvements Proj No. 114-085A - Rieth Riley Construction Co1316 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 Improvements - Project No. 114-085A
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 $7,050.53. The new Contract sum is
$1,838,183.83.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$1,838,183.83.
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
Michael Divita, Community Investment
Judy Love, Community Investment
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
DATE: 9/8/2016
PROJECT NO: 114-085A
PROJECT NAME: Western Avenue Streetscape
CONTRACT DATE: 6/18/2015
CHANGE ORDER NO: 7 (Final)
SUBJECT OF CHANGE ORDER: PCR #10-Adjustment to final Quantities
All items completed substantially as planned.
See attached Comparison of Estimate for overruns and underruns.
The original contract sum
$ 1,745,764.80
Net change by previously authorized change orders
$ 99,469.56
The contract sum prior to this change order
$ 1,845,234.36
By this Change Order, the project amount is Increased
Decreased
$ 7,050.53
The new contract sum including this change order
$ 1,838,183.83
This Change Order represents a total change of
-0.38 %
Total change for entire project
5.29
Original contracted completion date/time 10/21/2015
Extension of date/time by previous change orders 30 days
Date/time extension by this change order 0 days
New completion date/time 11/20/2015
CPNTRACTOR RECOMMENDED FOR APPROVAL
'`'G—'-)---
`Corm -tractor Signature CONSTR- CTION MANAGER
Ar cl (-g,
Printed Name and Title
ay-rft - !4 co& (.
Company Name
��0a SK 23
Address
City, State, State, Zips
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Approved Date_. /G
GaryA. Glot, President
Eliza
Therese J. Dorau;"Merffber
ti rr—,
Ja s A. Mueller, Member
�I.—%
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS rM rl,
PROJECT COMPLETION AFFIDAVIT W
PROJECT NAME
PROJECT NO
CONTRACT SIGNED
PROJECT DESCRIPTION
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 r
by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the Cih
of South Bend which were a part of the above Contract.
Executed this 2nd da f December . 2p16 _Rieth-Riley Construction CO., INC.
Company Name
�9 a 252DO State Road 23
Joshua A. Mc ormick, Sales Manager Company Address
Printed Name South Bend, Indiana. 46614
City, State, Zip
WITNESSESS:
Before me, the undersigned Notary Public in and for said country and state, personally appeared
Joshua A. McCormick , ar cknowledged his/her signature to the above Project Completion Affidavit on
�(rl �,I Gay 'I"
Z 70
DAWN E, ARMSTRONG
Notary Public, State of Inaiona
R, LaPorte count
-1761ary Signa'I re My Commission Expires 4/18/23 ? •. sEAI : Commission a 65696
Dawn E. Armstrong NnIANP` y ommiss on Expires
'nnn�" April 18, 2023
Printed Name County of Residence LaPorte
If the Contractor is a corporation, the following certificate will be executed.
I, Gary A. Pyclik certify that I am Secrete of the Cor
poration rporatfon 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:
A d 3-
Secretary's Sig ture
Corporate Seal
Gary A. Pyclik, A sistant Corporate Secretary
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:
Constructlol .M nager
Gary A. Gilot, President
Therese J. Doriu, Member
BOARD OF PUBLIC WORDS APPROVAL
J' �����
Suzanne M ritzberg, Member
Jarr'Ps A. Mueller, Member
Date: /.>/.C/�
cv .
M. Martin,
INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: BOARD OF PUBLIC WORKS
FROM: TOY VILLA, CONSTRUCTION MANAGER
SUBJECT: WESTERN AVENUE STREETSCAPE CHANGE ORDER #7
DATE: 12/2/16
The request for Change Order #7 on the Western Avenue Streetscape project is the
Final Adjustment of Quantities due to under and overages of the contracted plan
quantities.
This Change Order decreases the Contract Cost by $7050.53.
This Change Order does not add additional Contract Days.
Thank you.
What we do today makes a difference!
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
No.: 106556415
KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC.
as Principal, and Travelers Casualty and Surety Company of America , a corporation
organized and existing under the Laws of the State of Connecticut as Surety, are held
and firmly bound unto CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS as Obligee, in the
total sum of One Hundred Eighty Three Thousand Eight Hundred Eighteen and 00/100
U.S. Dollars ($ 183,818A0 ) 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 114-085A
("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
RIETH-RILEY
INC.
Travelers%ally and SSurety pan o America
CO -
By: 1�J. 4 1 /t.
9ebra J. Dole , 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: "L� U�
O1/04/17
UI=FIQIhI.SEAI �
UTANE M 0 LEAR'+
pv„7AgY FJBLIG' STATE OF ILI I�;0!*
%JMMISSION EXPIRES ;
,�,2N�JARY 4,
WARNING:
RED
AM POWER OF ATTORNEY
TRAVELERS J 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. 0 0 6 8 3 7 9 4 4
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 ]awful Attorneys) -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 23rd
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
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
"os .1.9.82^N+nrO ,,�f,.;!Oavp.iosgquyF"ga¢:y ^;
"P4 xrn�a. rwxnoo++�. ,oems Nam^�aSEAVa8Y8
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O
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,TET
In Witness Whereof, J hereunto set my hand and official seal. Twi \ 1 \ py w• 1. ,
My Commission expires the 30th day of June, 202E per* 1G } Marie C. Tetreanit, Notary Public
�s
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 &
Street scooe 114-033B 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
$ 955,346.70.
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/RILEY CS2D UCTION CO., INC.
12/6/16 by:
(Date)
Joshua A. McCormick
(Printed Name)
Sales Manaaer
(Title)
25200 SR 23, South Bend, IN 46614
(Address)
(574)288-8321
(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 Manaaer 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 Notary Public
October 22 2022 ing in St. Joseph Co.. IN
SUE ANNE CIRA
Sell
Notary Public • State of Indians
St Joseph County
My Commission Expires Oct 22. 2022
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/06/16
Name Toy Villa 1V 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 All 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. 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
Required Information
Rieth Riley Construction Co.,
Ll Yes ® No ❑ If Yes
I -I MBE I -I WBE
No ❑ Yes Name of
114-085A
TIF Infrastructure
0
Project Closeout
❑ Required Contractor's Certification Form Attached (Non -
Collusion. Non -Discrimination. Non-DPharmant F-Vprifv Iran ate
Increase
Decre;
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
For Change Orders On
$1,838,183.83
5.29%
Dispersal After Approval
Copy
Original
®
❑ Mike Divita, Ji
®
❑ Roger Nawrot
®
❑ Toy Villa
Love