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Home My WebLink AboutChange Order No 1-PCA - Off Street Parking Lot at Wayne St and St Louis Blvd Project No 117-083B - Rieth Riley Construction Co Inc1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SO[ JTH BEND. INDIANA 46601-1930 PEA C* 1IJ�5 CITY OF ! BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLICM01MS April 23, 2019 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. 1 (Final)/Project Completion Affidavit - Off -Street Parking Lot at Wayne St. and St. Louis Blvd. — Project No. I I7-083B Dear Mr. McCormick: The Board of Public Works, at its meeting held on April 23, 2019, approved the Final Change Order for this project, for an increase of $2,516.23. The new Contract sum is $382,503.18. In addition, the Project Completion Affidavit for this project was approved in the amount of $382,503.18. 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, a� Linda M. Martin, Clerk Enclosures GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA w, DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER lh DATE: 2/12/2019 PROJECT NO: 117-083B PROJECT NAME: Off -Street Parking Lot at Wayne St. and St. Louis Blvd. CONTRACT DATE: 7/24/2018 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #1-Final Quantities PCR #2-Remove Arrows All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 379,986.95 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order p g $ 379 986.95 By this Change Order, the project amount is 0'' Increased �] Decreased $ 2,516.23 The new contract sum including this change order $ 382,503.18 This Change Order represents a total change of 0.66 % Total change for entire project 0.66 % Original contracted completion date/time 11/1/2018 Extension of date/time by previous change orders 0 days Date/time extension by this change order 0 days New completion date/time 11/1/2018 CONTRACTOR or ign - CONST C"°�tON MANAGER CITY OF SOUTH BEND �q— Printed Name and Title f BOARD OF PUBLIC WORKS Approved Date; [, ., ,-)1,i Rieth-Riley Consruction Co., Inc Company Name"" l Gary A. Gilo President 25200 State Road 23 Address„�--... Govev4 vE t X4 (, Lc,v ) Member South Bend, IN 46614 City, State, Zip Elizabeth A. Maradik, Member Thi5i4se I rbu, Member Laura O'Sullivan, Member CITY OF SOUTH BEND, INDIANA° BOARD OF PUBLIC WORKS°a' PROJECT COMPLETION AFFIDAVIT'""`'"" PROJECT NAME Off -Street Parking Lot at Wa ne St. and St. Louis Blvd. PROJECT NO 117-083B FINAL COST $382,503.18 CONTRACT SIGNED 7/24/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Construction of a new parking lot at Wayne St. and St. Louis Blvd. 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 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 ofd2.i�-h 2019 Rieth-Riley Consruction Co., Inc. Company Name P Y Si 25200 State Road 23 G a r I& � �X- Company Address Printed Naas South Bend, IN 46614 City, State, Zip WITNESSESS: B ffore me the undersigned Notary Public in and for said country and state, personally appeared rd acknowledged his/her signature to the above Project Completion Affidavit on the da Y 201 q Not / . Signature My Commission Expires TIYI1'�° (�.t Printed Name County of Residence If the Cotitracto a corporation, the following certificate will be exe ed , I, "v " certify that I am+ e e fry of the Corporation executing this release; that t J/ 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 �Vµw ty governing body, and is within t'' r° rs` Corporation by At on" of its ove gr Secretary's Signatu d $@at d NMuy PUNIC • Stag M Indiana Corporate Seal w k St Jouph county Printed ame Commis n Expires act 2z 2022 DEPARTMENT OF PUBLIC WORKS APPROVAL project is acceptable This p for fi proval and we recommend to the Board of Public Works that it be ordained so. Date: Construction Jer 1OARD OF PUBLIC WORKS APPROVAL 4 Gary A. GINoesident c �; r Jc+" Member , Pr a /'121-1,/`� Therese J. D reu Member Laura O'Sullivan, Member Date: � 2 , 19 Elizabeth A. Maradik, Member e M. Martin, C AFFIDAVIT AND WAIVER OF LIEN State of Indiana, County of S4 • `/D SS: being duly sworn that he/she is the le S (Name of Officer) (T&) avn, contracted with of . 6� g ��.__ (Subcontractor/Supplier) (Contractor) to furnish certain materials and/or labor as follows: 'D4 "-A t (Description) for a project known as / C sr� ' ' r a" `61 I .)-0 -y' / (N me ofProject) located at and owned by, (Owner)L U C IRA Sam and does hereby further state on the behalf of the aforementioned subcontractor/supplier: Nary public • ma10 of Irani 6t Jo�It .County (PARTIAL WAIVER) that there is due from the Contractor the sum of CO�tlarr Oct 22w 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; 7W9!KR9 e due fromsct rJ(Sowledged; or IfA 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 premises, 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 Runished to the undersigned for said project, and within the scope of this Affidavit and Waiver of Lien. =ALkL4 4715 -� u By (F) )e ' eS �e sir STATE OF INDL4NA SS: ST. JOSEPH COUNTY ) / Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared.Jo5AL)a 4 z 6o &qrc and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the �� day of Notary Public Signature My Commission Expires: L� d C;ko A Residing in County, �G �✓t4 Notary Public Name MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107043662 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. , as Principal, and Travelers Casual t and Sur t . r , n fAmerica a corporation organized and existing under the Laws of the State of t as Surety, are held and firmly bound unto _CITY of SOUTH BEND DEPARTMENT OF PUBLIC Wo Ks as Obligee, in the total sum Of Thirty Eight Thousand Two Hundred Fifty and 31/100 U.S. Dollars ($ 38,250.31 ) 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 7/24/2018 for Off -Site Parkin Lot at Wayne St. and St. Louis Blvd. -Project No. 117-083B ("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 12/14/18 (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 14th day of March , 2019 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. 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 14" of March, 2019, before me, Diane M. O'Lea�r , 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 Con2pany 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 Public in the State of Illinois County of Cook EOFFICIAL SEAL OIANE M O'LEARY OTA PUBLIC, STATE OF ILLINOIS ISSIONEXPIRES Ol/04/2021 Travelers Casualty and Surety Company of America AAM Travelers Casualty and Surety Company TRAY 'LERV 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 of Chicago 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. y Mxy 50 4_06� a Goor cow, State of Connecticut By; City of Hartford ss. Robert L. Raney, Se fr r 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. 7 My Commission expires the 30th day of June, 2021 B1� C ��L��►R0 e► rAl R Mane 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 I day of C Ic y gwl1 laps ��wn��rus�� M,ir� � y .x q M HFOi�, d.JL` ,,,yf Kevin E, Hughes, Assi lane Secretary To verify the authenticity of this Power ofAftorney, please call us at 1-800-421-3880. Please refer to the above -named Attorrrey-in-Fact and the details of the bond to which the power is attached. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/11 /2019 Department Public Works ._........................... Name Toy Villa Division/Bureau Engineering BPW Date 04/23/2019 Phone Extension 5920 Required Prior to Submittal to Board Legal F-] 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 ❑ Check the " Agreement Professional Services ❑ Bid Opening Quote Opening Change Order No. _ Ease/Encroach. Other: Company or Vendor Name �ropriate Item Ty e D Contract Resolution Bid Award ❑ Quote Award ® C/O &PCANo ❑ Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Required for All Submissions �.... � Proposal............ WWWWW Req. to Advertise 1 Final ❑ PCA ired Information Rieth-Riley eConstruction Co Inc m........ El Yes ❑ No EJPurchasing MBE ❑ WBE EJ -No.....M Yes Name of wCo�� c Blvd. OffSiteParkin at St Louis 117-083B Park and -B 471.1131 m452.42.03 Proiect Closeout Addendum ❑ Title Sheet If Yes, Approved by and Wa Street ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment„ E Vernf r, Iran, etc. ._.. _..._ .... Required For Change Orders Only Amount of ® Increase $ 2,,516 23 ❑ Decrease $ Previous Amount $ 379,986.95 Current Percent of Change: 0.66% wwwww _. .......... ...... _....... _ .....__... New Amount $ 382,503.18 Total Percent of Change: 0.66% Dispersal After Approval Copy Original ❑ El El D El