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Home My WebLink AboutChange Order No. 1-PCA - Downtown Mill and Asphalt Overlay Proj No 117-052R - Rieth Riley Construction1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTI-i BEND PETE, BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 27, 2018 Joshua MeCoitnick Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 PHOW', 574/235-9251 FAX 574/ 235-9171 RE: Change Order No. I (Final)/Project Completion Affidavit — Downtown Mill and Asphalt Overlay — Proj ect No. I I 7-052R Dear McCormick: The Board of Public Works, at its meeting held on March 27,2018, approved the Final Change Order for this project, for a decrease of $5,691.62. The new Contract sum is $205,825.25. In addition, the Project Completion Affidavit for this project was approved in the amount of $205,825.25. 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, y Linda M. Martin, Clerk, Enclosures c: Toy Villa, Engineering GARY A. Gao'r SUZANNA M. FRITZIIERG ELIZABE'ri I A, MARADIK JAmr,s A, Mui,,t,u-,'R THERESE J. DORAU 96101119 NOM =11 Z I A A DATE: 1/3/2018 PROJECT NO: 117-0152 r PROJECT NAME: Downtown Mill and Asphalt Overlay CONTRACT DATE: 8/22/2017 CHANGE ORDER NO: 1 (Final) SUBJECT OF CHANGE ORDER., P'CR 1-Adjustment to 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 Thiis 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 Printed Name and Title Rieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 Address South Bend, IN 46614 City, State, Zip n Increased FX-] Decreased .10/2612017 0 days 0 days 101/2612017 2,11,516.87 $ 5,691 ,62 $ 205,825.25 -2.69 % -2.69 % RECOMMENDED FOR APPROVAL CONSTRUq1ON MANAGER CITY OF SOUTH BEND BOARD OF PUiBL!C RKS Approved Date, 5 Gary Asp Gilot, "President Elizabeth A Ma'radik, Member Therese J. DoraV, Verrflaefr James A. Mueller, Member CITY OF SOUTH BEND, INDIANA = BOARD OF PUBLIC WORKS r PROJECT COMPLETION AFFIDAVIT PROJECT NAME Downtown Mill and Asphalt Overlay PROJECT NO 117-052r FINAL COST $205 825.25 CONTRACT SIGNED 8/22/2017 MAINTENANCE AGREEMENT ENDS Mill and resurface 1.5 inches of HMA surface pavement and provide thermoplastic pavement PROJECT DESCRIPTION striraina and markinos for several downtown streets located in South Bend. 6�►y►lir�l tr��.1?.7�IIi:F The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend' which were a part of the above Contract. Executed this day of � CLJ4 "" , 201 Si nature ,1 Printed Name R`ieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 Company Address South Bend, IN 46614 City, State, Zip WITNESSESS: Before me„ the undersignNotary Public in and for said country and state, personally appeared .. 0s$rua A , ir'f`" r� �4^ d acknowledged his/her signature to the above Project Completion Affidavit on the da °} ✓vim✓ 2017 Notary Signature My Commission Expires Printed Name County of Residence If the ontract is a corporation, the following certificate will be ex c d. I, ~� _ , certify that I arr"i�S ore &y of the Corporation executing this release; that is G fmIC 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 Authority of its governing body, and Is within h sc of •0r 0r to 0 l er SUE A NE iCiRA Sec etary''s Signature Soil Notary public . State of Indians Corporate Seal G+t 'C1l ► St Joseph County Printed Name RIy Comfillisslon E Ires Utt 22'« 2022 DEPARTMENT OF PUBLIC WORKS APPROVAL This project Is acceptable for al approval and we recommend to the Board of Public Works that it be ordained so. .,.w ,. Date: k t Construction tiger BOARD 777 APPROVAL [late: 541 r' c) � Gary A. Gilot, President uzanna M. ktzbeK IM tuber Elize7eth A Maradik, Member Therese J. Dor u, Member James A. Mueller, Member Linda M. Martin, Clerk MAINTENANCE Travelers casualty and Surety Company of America BOND Hartford, CT 06183 1=.12 11111111.15411111111ut ... .� KNOWN ALL BY THESE PRESENTS: That we ' RIETH-RILEY CONSTRUCTlO. N CO., INC. as Principal, and Travelers Casuafty and Surety CoML)Liny of America I 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 Twenty Thousand' Rve Hundred Eighty Two and 52/100 U.S. Dollars ($ 20,582.52 ) 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 8/22/2017 for Downtown Mill & Asehaft Overlay - Project No. 11 7-052R Div A & Div B ("'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 2/15/18 - (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 1 5th day of February 2018 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. By: -ck 134 Je-s Travelers Casualty and Surety Company of America <Z -'-- By: ,1, Sandra M. Nowak , Attorney -in- Fact ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 15" of February, 2018, before me, Judy A. Andersen, a Notary Public, within and for said County and State, personally appeared Sandra M. Nowak to me personally known to be the Attorney -in -Fact of and for Travelers Casuqlty,and Surety Company of America and acknowledged that she executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary P c in the State of Illinois t6ii.niy of Cook 0 OFFICIAL SEAL� 'C' L S J Y SL UDY A ANDERSEN J UBLIC, T Tr _OFI [NOTARY PUBLIC, STATE OF ILULI�NOIJS My COMMISSIO EXPIRES P1 R 9 051�9120 9 MY COMMISSION EXPIRES 05/IW2019 V.� WARNING: THIS POWER OF THE 'RED 'b&bffk A4110k POWER OF ATTORNEY TRAVELERS',j 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 Attorney -In Fact No. 230983 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company '14,avelers Casualty and Surety Company ol'America United States Fidelity and Guaranty Company Certificate No. 00I7359650 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casually Company, St. Paul Fire and Marine Insurance CoAripany, St. Paul Guardian Insurance Company, St. Pact Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofArnerica, and United States Fidelity nerd Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guan)nty 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 "Conipanies"), and that the Companies do hereby make, constitute and appoint Debra L 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 (heir true and lawful 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 of1he Companies in their business of guaranteeing the fidelity Of I)MOOS, guaranteeing the performance of contracts and executing or guaranteeing botids aid undertakings required or pennitted 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 August —.111111111 2 . I . 7 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 State of Connecticut City of Hartford ss. 28,th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company ol'America. United States Fidelity and Guaranty Company 'w; S, SEAL Y� By: Robert L. Raney, Senior Vice Presideta On this the 211h (lay of I _ August 20 17before me ]seasonally appeared Robert L. Rancy, who acknowledged himsel No __ . , be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty 1115Urance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Instuance Company, Travelers Casualty and Surety Conipany,'Fravelers 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 I)LIYPOSeS therein, contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official sea[. TAI? I � § My Commission expires the 30th day of June, 202 1. *0 A 9291410�4%* N_ Marie C. Tekreault, Notary Public 58440-5-16 Printed in U.S.A. Fb alWaivex ofLien State of Indiana, County of St. Jose ii SSt Joshua A. McCormick: being duly sworn that he/she Is the Sales Manager (Name of Officer) (Titio) of Rieth-Riley Construction Co. Inc. having coratractedwith, City of South Bend (Contractor) (Owner) toy" vishcertnia materialsand/or labor asfollows; Milling and asphalt overlay (iyescrlption), for a pr(� ca kiLown as Downtown, Mill and Asphalt Overlay (Name of Project) located at South Bend, Indiana and owned by City of South Bend and does hereby flu-thor state on the behalf ofthe, aforementioned sarbcontractor/sapplier: (PARTIAL WAMR) that there is date f om the Conteactor the sure of Dollars ( ) El receipt of wliioh is hereby acltnow1cdgcd; or [f die payment of which has been promised us the sole consideration for flan Afhdavlt and Final Waiver ofLienlvhich is given solely with respect to saki aniounu and which waiver shall be effective only upon receipt of payment thereo£by tho undersigned, (KNHundred w VFI�.) that the inial balance drat £corn the contractor is the stem. of Two Hu n dred & Five Thousand Eight Hundred Twenty Five 28/1p __._._ ) $208,825.25 E] reoelpt of which is hereby neianowledg-W; or 5d the payment ofwhichhas beenpromisW as the solo consideration for this Affidavit andl'inal Walvor ofLien which shall become offeedve ont"ponxecelpt of such payment, "iTIII FFUIE, the undersigned waives and releases wrto ilio owarer of said premises, any and all liens or claims whatsoever oft tho above-descrlbcdproperty and improvements thereon art accoiwt of labor or material or both, Airnishod b the undersigned thereto, subject to liriaitations or conditions expressed herein, if any; and farther certified that no other party has any claim or rii htto a Pon on acoonat of any work performed or material furnishQd.to the undersigned forsaldproject, and wltbinthe svope of thisAffildavit and Waiver ofLi r. Rieth-Riley Construction C6., Inc. By v� (Finn) (aattlroram gro-sontative) STATE 01 INDIANA ) SS; ST, JOSFPII COUNTY ) Before me, die a Notary Public, in grad for said Coamty and State, personally appeared Joshua A. McCormick and nokrrowledged time execution of the foregoing Affidavit and Waiver of Mom 16th� IN WITNESS WMREOF, Ihavchercunto subscribed my name and affixed my official seal on the day of February, 2018 :200 " ;NotaayPrablicSigriadina My Commisslon.13 Fires; 10/22/22 Sue Anne Cira Residing in St. Joseph - county, Indiana SUE ANNE { Notaryp % if Indiana st Joseph County BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW RE QUEST FORM Date 03/13/2018 Department Public Works Name Toy Villa Division/Bureau Engineering BPW Date 0�3/27/2018 Phone Extension 5920 Legal F-1 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 ❑ Agreement Amendment Professional Services Bid Opening Quote Opening Change Order No, Ease/Encroach. Other: H Contract ❑ Resolution Bid Award ❑ Quote Award C/O & PCA No. 1 Final) F-1 Traffic Control: Proposal H Addendum F] Req. to Advertise [:] Title Sheet am Company or Vendor Name Rieth Riley Construction Co,, Inc. [_1 YesE:1 No If Yes, Approved by New Vendor Purchasing MBEANBE Contractor [:] MBEF_J WBE MBEANBE Contractor Requested 0 No Yes Name of Company Project Name Downtown Mill and Asphalt Overlay Project Number 117-052 Funding Source RWDA TIF Account No. Amount Terms of Contract Purpose/Description Project Closeout Amount of LJ Increase M Decrease Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original n n F1 n 11 n F-1 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. R., $5,691,62 211.516.87 2,691% $ 205,825.25 2.69%