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Home My WebLink AboutChange Order No 1-PCA - 2018 Street Paving Project No 118-080 - Rieth Riley Construction Co Inc1316 COUNTY-CTTy BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601 -1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS January 22, 2019 Josh McCormick Rieth-Riley Construction Co., Inc. 25200 SR 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/235-9171 RE: Change Order No. 1 (Final)/Project Completion Affidavit - 2018 Street Paving — Project No. 118-070 Dear Mr. McCormick: The Board of Public Works, at its meeting held on January 22, 2019, approved the Final Change Order for this project, for a decrease of $18,628.65. The revised contract sum is $580,293.44. In addition, the Project Completion Affidavit for this project was approved in the amount of $580,293.44. 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,, MIN Linda M. Martin, Clerk Enclosures GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA �r DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER` DATE: 12/19/2018 PROJECT NO: 118-070 PROJECT NAME: 2018 Street Paving CONTRACT DATE: 8/14/2018 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #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 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 cto r Signa Printed Name and Title Rieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 Address South Bend, Indiana, 46614 City, State, Zip Increased X Decreased 10/11/2018 0 days 0 days 10/11/2018 598,922.09 0.00 598,922.09 $ 18,628.65 $ 580,293.44 -3.11 % -3.11 % RECOMMENDED FOR APPROVAL i,;-TION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC 'WORKS Approved Date -;-- Gary A. Gilo, President Suzanna M. Fritzberg, Member Elizabeth A. Maradik, Member There J. rau, ember diem er PROJECT NAME PROJECT NO CONTRACT SIGNED PROJECT DESCRIPTION WITNESSETH: CITY OF SOUTH BEND, INDIANA" BOARD OF PUBLIC WORKS i r� PROJECT COMPLETION AFFIDAVIT' " 2018 Street Paving 118-070 FINAL COST $580,293.44 8/14/2018 MAINTENANCE AGREEMENT ENDS The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend which were a part of the above Contract. Executed t Is 20t day of p c am2ber 2018 Rieth-Rilty Construction Co.. Inc. Company Name Signature �� •�-°� 25200 State Road 23 Joshua A. McCormick, Sal .. es Mana er Company Address Printed Name South Bend Indiana 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Joshua A. McCormick , and acknowledged his/her signature to the above Project Completion Affidavit on ::,2Lday of ce , 201$ Notary Signature My Commission Expires 10/22/22 Sue Anne Cira Printed Name County of Residence St. Joseph If the Contractor is a corporation, the following certificate will be executed. 1,Gary 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: w iw� n � Secretary's Sign ure Corporate Seal Gary Pyclik Printed Name 4. DEPARTMENT OF PUBLIC WORKS APPROVAL This proj5Jacceptable fo „ l I approval and we recommend to the Board of Public Works that it be ordained so. Date:a Construction ager f1 1-""" RC1ARn AF PIIRI IC WARKC APPRr1VA1 11�fn. Gary A. Gilot„ President Therese J. DcRiu, M nber SUE ANNE CI ,A Soil Notary Public • State of Indian's St Joseph ,County i Amy Corirnlaalon Expires Oct 22, 2022 imp 101'Impow, Suzanna M. Fritzberg, Member J ..Uuetlerr-Member MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 106949519 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. , as Principal, and 'Travelers casuall wid sureiv Con a corporation and firmly bound unto under ��the Laws IjTH B Nt�hce S State o�f of P�.iR�Llc„tIe�,t , as Surety, are held organized9 WORKS as Obligee, in the total SUM Of Fifty Eight Thousand Twenty Nine and 34/100 U.S. Dollars ($ 58,029.34 ) 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 8/14/2018 for 2018 Street Paving Base bid Alternates A & D Project No. 118-070 ("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 12/21/18 (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 21st day of December 2018 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. By. Travelers Casually and Surety Company of America By: , Sandra M. Nowak , Attt-rrndy-in-Fact ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 21" of December 2018, before me, Diane M. 0 Leqt�y, 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 Suretv Convanv of inerica 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 Public in the State of Illinois County of Cook OFFICIAL SEAL COMMISSION EXPIRES n qa)211 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSTRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers 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 collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sandra M. Nowak ofChicago Illinois , their true and lawful Attorney -in -Fact 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 3rd day of February, 2017. a ,IVAA,r�� Mes) �0744 State of Connecticut By: City of Hartford ss. Robert L. Raney, Sef¢Uor 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, Travelers 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. 1 My Commission expires the 30th day of June, 2021 �r � �r Marie C. Tetreault, 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 Surety 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, recognizances, 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 seal 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 Company 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 facsimile 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 @S+ day of CG 2)E>L Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. Final Waiver of Lien State of Indiana, County of St. Joseph SS: Joshua A. McCormick being duly sworn that he/she is the Sales Manager (Name of Officer) (Title) of Rieth-Riley Construction Co., Inc. having contracted with City of South Bend (Contractor) (Owner) to famish certain materials and/or labor as follows; Street Paving, (Description) for a project known as 2018 Street Paving 118-070 (Name of Project) located at Various locations in South Bend, IN and owned by City of South Bend (Owncr) and does hereby further state on the behalf of the aforementioned subcontractodsuppller: (PARTIAL WAIVER) that there is due from the Contractor the aura of 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 ofpsyment thereofby the undersigned; (FINAL WAIVER) that the final balance due ftom the contractor is the sum of Five Hundred Eighty Thousand Two Hundred Ninet Three & 44 cents s580,293.4 ❑ receipt ofwhich is hereby acknowledged; or 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. TMEFORE, the undersigned waives and releases unto the Owner of said premises, any and all liens or clairm,a whatsoever on the above-deserlbed property and improvements thereon an account of labor or material or both, fttmished b the undorclped thereto, subject to limitations or conditions expressed herein, Ifany; and fbrthcrcertifled that no other p as any clairr% ordgghtto a lien on account of any work performed or material furnished to the undersigned for said project d lth , a scope of°tl is Affidavit and Walver ofLlen. Rieth-R,ilev C nstructl n go, Inc. By� (Firm) ) (Auto ' res'cntative) STATE OF 1NDIANA Joshua A. M lck, Sales Manager ) SS. ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Joshua A. McCormick and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed may name and affixed my official seal on the 20th day of December 200 18 14— J o-fi ury Public Signature My Commission Expires: 10/22/18 Residing in St. Jose l County, Indiana Sue Anne Cira Notary Public No SUE ANNE Ctl'blt Seal Notsry Pwic - SUN of latliorrs St Jossph Cog* my Consmisslorw f tres Oct 22, 2022 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01 /08/2019 Department Public Works ............_ ....... Villa Division/Bureau Engineering Name °y ��_��..._�.��.... ��..�......._. ...... ------ ---.- �..... BPW Date 01/22/2019 Phone Extension 5920 .._.......... __. _.. _ _... � _...� ' Board Re uired Prior to Submittal to m wwww__w_�ITIT_www_ LegalF-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 ❑ Check the ❑ Agreement Amendment E] Professional Services ❑] Bid Opening ] Quote Opening Change Order No. ❑ Ease/Encroach. Other: Company or Vendor Name r a e Item -- Rqqi Contract R Resolution ❑ Bid Award Quote Award C/O & PCA No.. raffic Control: 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 EJ Increase E] Decrease Previous Amount Current Percent of Change New Amount Total Percent of Chance: Copy Original ❑ ❑ El ❑ El ❑ 1:1 El for All Submissions Proposal ❑ Req. to Advertise uired Information Rieth �] RiNerConstruction, Inc, YeNo mmm P ❑]❑ WBE Corn �.._��..,�._No ❑Yes _...mwName._of...............� 118-070 2018 Street Paving Building & StreetMaintenance 202.0607.431.36.01 Proiect Closeout Addendum ❑ Title Sheet If Yes, Approved by ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Veri6 ,Iran, etc. )uired For Chanae Orders Onl Dispersal After Approval