HomeMy WebLinkAboutChange Order No 1-PCA - Fellows Street Raised Crosswalk Proj No 117-086 - Rieth Riley Construction Co1316 COUNTY -CITY BUILDWO
227 W. JEFFERSON BOULEVARD
SOUTH TIFIND, INDIANA 46601-1830
CITYOF Soun-i BEND PETE 13UTTIGIEG, MAYOR
BOARD OFTUBLIC WORKS
September 11, 2018
Joshua McCormick
Rieth-Riley Construction Co., Inc.
25200 State Road 23
South Bend, IN 46614
PHONE 574/ 235-9251
FAX 574/ 235-9171
RE: Change Order No. I (Final)/Project Completion Affidavit - Fellows Street Raised
Crosswalk —Project No. 117-086
Dear Mr. McCormick:
The Board of Public Works, at its meeting held on September 11, 2018, approved the Final
Change Order for this project, for an increase of $2,346.12, The new Contract sum is
$106,438.62.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$106,438.62.
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. Gii.,o,r SUZANNA M, FRITZBERG E1,1ZABETH A, MARANK JAW;S A. WE LEE Ti IERESE J. DORAU
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
DATE: 7/15/2018
PROJECT NO: 117-086
PROJECT NAME: Fellows Street Raised Crosswalk
CONTRACT DATE: 1111412017
CHANGE, ORDER NO: I (Final)
SUBJECT OF CHANGE ORDER: PCR #1 -Final Quantities
All items completed substantially as planned.
See attached Comparison of Estimate for overruns and underruns.
The original contract sum
$
104,092.50
Net change by previously authorized change orders
$
0.0!0
The contract sum prior to this change order
$
104,092.50,
By this Change Order, the project amount is FRI increased
F—] Decreased
$
2,3,46.12
The new contract sum including this change order
$
106,438.,62
This Change Order represents a total change of
2.251%
Total change for entire project
225 %
Original! contracted completion date/time
Extension of date/time by previous change orders
Dateltime extension by this change order,
New completion date/time
CONTRACTOR
Conti or §ignatug
Rieth-Riley Construction Co., Inc.
Company Name
25200 State Road 23,
Address
South Bend, IN, 46614
City, State, Zip
.11/3012018
0 days
0 days
11/3012018
RECOMMENDED FOR APPROVAL
ION MANAGER
CITY OF' SOUTH BEND
911,16 1, �1
Gary A. Gilot, President
"Suzan a M. Fritzberg, Member
Elizabeth A. aradilk, Member
The'reseJ, Do au, Member
James A. Mueller, Member
bUiN
71,
CITY OF SOUTH BEND, INDIANA 0
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME -Fellows Street Raised Crosswalk
PROJECT NO 117-086 FINAL COST $106,438.62
CONTRACT SIGNED 11114/2017 MAINTENANCE AGREEMENT ENDS
PROJECT DESCRIPTION Install a raised crosswalk near Riley HS on Fellows Street.
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,,--Avt as 201 Rioth-Riley Construction Co., Inc.
Company Name
Signature 25200 State Road 23
Company Address
Printed Name South Bend, IN, 46614
City, State, Zip
WIITNESSESS:
Before me, the un ersigned Notary Public in and for said country and state, personally appeared
^
ksh wq4. / Aokd
acknowledged his/her signature to the above Project Completion Affidavit on
the -6�Ldayof 4A $-/-
201_y_,
y
Wotary Signature
My Commission Expires
51,Le Au rw a"
C-/
County of Residence 11
Printed Name
If the Contractor corporation,
the following certificate will be exeQuted.
1, 6 er et,., e- / ik
, certify that I am`6!N3cTdtary
of the Corporation executing this release; that
r 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 Autl1brity of its governing body, and is within h f o2orote—pow
SUE ANNE CiNA
Secretary's Sign urell
S"I
Notary Public - State of Indlans Corporate Seal
Em.
/,J
St Joseph County
F�rlriied Name
My Commission Expires Oct 22 2022
DEPARTMENT OF PUBLIC WORKS APPROVAL
This project is acceptable far fire, approval and we recommend to the Board of Public Works that it be ordained so,.
JW
Date: —7, 0 1 it
Construction N'twiler
BOARD OF PUBLIC WORKS APPROVAL Date: . bcr
1 "'
041
Gary A, Gilot, President
Suzadha M. Fritzborg, Member Elizabeth A. Maradik, Member
There�e J. Dorou, Member
James A. Mueller, Member U da M. Martin, Cler�
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
Bond No.: 106949464
KNOWN ALL BY THESE PRESENTS. That we RI'ETH-RILEY CONSTRUCTION CO., INC.
as Principal, and Travelers Castial!l-and.SairetyComi)anxofAmerica , a corporation
organized and existing under the Laws of the State of connectigit —, as Surety, are held
and firmly bound unto CITY OF SOUTH BEND BOARD OF PUBLIC WORKS _, as Obligee, in the
total SUM Of Ten Thousand Six Hundred Fortv Three and 86/100
U.S. Dollars (s 10,643.86 ) 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 11/114/201'7
Fellows Street Raised Crosswalk 117-086
for
("Work").
NOW, THEREFOREJHE 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 7/21/18 — (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 9th day of August 2018 —
(Principal)
RIETH-RILEY CONSTRUCTION CO., INC
By,
JOWA
Travelers Casualty and Surety Company of America
By:
Sandra M. Nowak , Attorney -in -Fact
ACKNOWLEDGEMENT BY SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this 91' of August, 2018, before me, Diane M. O'Lear , 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
Casualty and Surety Com an of America and acknowledged that she
executed the said instrument as the free act and deed of said Company.
IN WITNESS WIHEREOF, 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 Public in the Stat&6f Illinois
County of Cook
:PUBLIC,
CIAL SEAL.
M 0`LI=ARY
NOTASTATE OF ILLINOISMY CO
C CPIR�S 01/04/2021
Travelers Casualty and Surety Company of America
AW Travelers Casualty and Surety Company
TRAVELERV St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travders Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein coilecfively calied the
"Companies"), and that the Companies do hereby make, constitute and appoint Sandra M. Nowak of Chicago
Illinois , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all Ibonds, 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 le be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
®ROMOF 0 � ow
QW&M
VA
State of Connecticut
By: ,,,z�o k�, City of Hartford ss. -IRobert L. Raney, Seftror Vice President
On this the 3rd day of February, 2017„ before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Traveiers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021
0 Mane C. Tetreauit, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surely Company, and St, Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recoginizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of !indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seat by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed !in his or her certificate or their certificates of authority or by one or more
Comipany officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsiimiIe
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned',, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this C\ 'V' day oft, s,4 U 6
... . . .....
MOM
olpal 1 Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney please 0711 as at 1-800-421-3890.
Please refer to the above-nanledAtforneria-fact and the details of the bond to which the power is attached.
AFFIDAVIT AND WAIVER OF LIEN
01
State of Indiana, County of or Jo s:w h SS:
being duly sworn that he/she is the /C S tr
(Name of Officer) (Title)
.f/,O, &Vh , 'e, 6 .' having contracted with 66 JIM &nd
(Suticontractor/Suppliel�) (Contractor)
to, furnish certain materials and/or labor as follows: ayss 1,0alk
(Description)
for a project known as
(Name of Project)
located at /b 4.), � rle'q P,
and owned by
Y7 A5: jefLd (Owner) A a M 0 0
=SUE ANNE CIR�A
Soil
1401 y
Notary Public - Sidle lot =11adlaho
no
and does hereby further state on the behalf of the aforementioned subcontractor/supplier: St Jos"h 0
St Joseph County
(PARTIAL WAIVER) that there is due from the Contractor the sum of M Ca MOO EXPIRS 00122, 2022
Dollars ($
receipt of which is hereby acknowledged,- or
❑ the payment of which has 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;
70
due from the contractor is the sum of
fian $ —c—,
receipt of which is hereby acknowledged; or
3 (2'e5
X. I -A
the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall
become effective only upon receipt of such payment.
THEREFORE, the undersigned waives and releases unto the Owner of said promises, 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
lien on account of any work performed or material famished to the undersigned for said project, and within the scope of this Affidavit
and Waiver of Lien.
By
a ive (Firm) (A:u 0, t t
STATE OF INDIANA
) SS:
ST. JOSEPH COI.JNTY
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared
and acknowledged the execution of the foregoing Affidavit and Waiver of Lien.
IN WITNESS WHEREOF I have hereunto subscribed my nalrte and affixed my official seal on the day of
Notary Public Signature
My Commission Expires:
Residing in14 d, a nqCounty, 5�Js P�_ _-Notary Public _Kame
BOA1U) OF PUBLIC WORKS
AGENDA ITEM REVIEW RE,QUEST FORM
Date 0�9/04/2018 Department
Name Toy Villa Division/Bureau
BPVV Date 09/1'1 /2018 Phone Extension
al MIRY Me
Legall El Attorney Name:
Controller El 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 El
H Agreement
El Professional Services
F-1 Bid Opening
F-1 Quote Opening
F1 Change Order No.
❑ Ease/Encroach.
❑ Other:
Company or Vendor Name
LJ Contract
F-1 Resolution
El Bid Award
F-1 Quote Award
0 C/O & PCA No.1 (Final)
F-11 Traffic Control:
New Vendor
MBENVBE Contractor
MBENVBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
040 Z - 11916HEMKIre MIMMI IM11
WMIM
Addendum
El Req. to Advertise El Title Sheet
AEM
F1 Yes M No
Purchasing
[] MBE F] WBE
El No 0 Yes Name of Compa
Fellows Street Raised Crosswalk
117-086 (15J008)
RWDA
324-1050-460-42.03
If Yes, Approved by
Project Closeout
[:] Required Contractor's Certification Forms Attached (Non-,
Collusion, Non-Discrimnation, Non -Debarment, E-Verify, Iran, etc.)
Amount of H Increase $2,3,46.12
El Decrease $
Previous Amount, $ 104,092.50
Current Percent of Change: 2.25%
New Amount $ 106,438.62
Total Percent of Change: 2.25%
Copy
Original
El
F-1
F-1
F-1
El
El