HomeMy WebLinkAboutChange Order No 2 Final & PCA - Two Way Conversion of Colfax Ave Project No 115-053A - Rieth Riley Construction1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1 830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAY
BOARD OF PUBLICWORKS
May 14, 2019
John Yadon
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. 2 (Final)/Project Completion Affidavit - Two -Way Conversion of
Colfax Avenue — Project No. I I5-053A
Dear Mr. Yadon:
The Board of Public Works, at its meeting held on May 14, 2019, approved the Final Change
Order for this project, for a decrease of $5,429.54. The new Contract sum is $547,774.39.
In addition, the Project Completion Affidavit for this project was approved in the amount of
$547,774.39.
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,
*'' 41 Awl I M� 9
Linda M. Martin, Clerk
Enclosures
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
DATE:
PROJECT NO:
PROJECT NAME:
CONTRACT DATE:
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
3/26/2019
115-053A
Two -Way Conversion of Colfax Avenue
5/22/2018
CHANGE ORDER NO: 2 Final
SUBJECT OF CHANGE ORDER; PCR #2-Removal of "NO PARKING" sign near 136 LaPorte Ave. &
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
, " -- i �. . � W „N7 �... �,
Printed Name and Title
Rieth-Riley Construction Co., Inc.
Company Name
25200 State Road 23
Address
$ 546,703.93
$ 6,500.00
$ 553„203.93
HIncreased
X Decreased $ 5„429.54
$ 547,774.39
-0.98 %
0.20 %
11/1/2018
0 days
0 days
11/1/2018
RF,CgMD D FOR APPROVAL
CONST ION MANAGER
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Approved Date:,
Gary A. Gilot, President
Genevieve E. Miller, ember
South Bend„ Indiana, 46614
City, State, Zip
Eliza *ethA� aradi„ Member
T rese I, or u, Member
aura O'Sullivan, Member
ykrz6,iN ar� A�
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS 1
PROJECT COMPLETION AFFIDAVIT�
PROJECT NAME Two -Way Conversion of Colfax Avenue
PROJECT NO 115-053A FINAL COST $547,774.39
CONTRACT SIGNED 5/22/2018 MAINTENANCE AGREEMENT ENDS
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 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 whnch were a part of the above Contract.
Executed this aV d of. 201 Rieth-Rdey Construction Co., Inc.
Company Name
Sign 25200 State Road 23
.. � 1 ��, r Company Address
Printed Name South Bend, Indiana„ 46614
City, State, Zip
WITNESSESS:
B fore rne, the !n rssgned Notary Public in and for said country and state, personally appeared
rad.acknowledged his/her signature to the above Project Completion Affidavit on
the ax 201�_.
Notar Signature My Commission Expires Jr1o� aa a
Printed Name h ` County of Residence 1
_)SeA_
If the Catraotoa a corp �r tion, the following certificate will be exe uled.
I, 0 + � certify that I ar r tary of the Corporation executing this release; that
Jq 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 Auth tty of its governing body, and is within the sco a of corporate powers:
SUE ANNE CIIt11
Secretary's natu Soal Corporate Seas
a Pk Notary Public • Co of Indlen�
St Joseph County
Printed Gne [----My COTTIeeJom Explre>t Olot 22, 2022
DEPARTMENT OF PUBLIC
This project is acceptable or'
pp approval and we recommend to the Board of Public Works that it be ordained so.
p J p N I
a ro Date:
Constructs "rlager
j
BOARD OF PUBLIC WORKS APPROVAL Date:
Gary A. Gilot,'""President GeAvieveE._Miff r ember ElisabeA3`radik,ember
Therese J. Dorau, Member /_aura O'Sullivan,, Member Lich M. Martin, Clerk
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
Bond No.: 107072593
KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC.
Y
as Principal, and l•rnvele j Casualty y and Suretv Coinvagyod AiMneriea , a corporation
organized and existing under the Laws of the State of confle daeut , as Surety, are held
and firmly bound unto CITY OF SOU111 BEND DEPARTMENT OF PUBLIC WORKS as Obligee, in the
total SUM Of Fifty Four Thousand Seven Hundred Seventy Seven and 43/100
U.S. Dollars (1 54,777.43 ) 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 5/22/2018 for
Two -Way Conversion of Colfax Avenue - Pro'ect No. 115-053A
("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 3/22/19 (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 11th day of Aprd 2019
(Principal)
RIETH-RILEY CONSTRUCTION CO.„ INC.
B
.
Travelers Casually and Surely Company of America
By'
Sandra M. Nowak , Attorney -in -Fact
ACKNOWLEDGEMENT BY SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this I I" of April _2019, before me, Diane M. OL.ear t, 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
Czistii Itv anel Stir ty C0111 sri " of . nie�i-ica 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 Staff i,otl Illinois
County of Cook
OFFICIAL SEAL
DIANE M O`LEARY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 01/04/2021
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS 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.
'00 W.
eji%o�*A-
State of Connecticut
By.It
City of Hartford ss, Rotrt L. Raney, Se 6r 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 •1
My Commission expires the 30th day of June, 2021� �. :�OtxkJlA
'��.. 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 day of \t
yW "rid ��a.,rr nep��
fi -<
"1�„� Gam• (• .�._.rv-�
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-411-3880.
Please refer to the above -named Attorney -in -Pact and the details of the bond to which the power is attached.
Final Waiver of Lien
State of Indiana, County of SI., SS: /
o6 .e �C�k being duly sworn thaoshe is the �` e.
(acne of Officer) '� _
(Titiel
oi�r' having contracted with
(Owner)
to furnish certain materials and/or labor as follows;41 „��✓ .....
(Description)
for a project known as -� .L C} �'j ��•� �.�.3}�
(Name of Projeot) -
1 /y
located at N
and owned by '0 f 6
-- �..
(Owner)
and does hereby further state on the behalf of the aforementioned subcontractor/supplier:
(PARTIAL WAIVER) that there is due from the Contractor the sum of
Dollars Jt
❑ 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;
F )40 6 of ly WR t the IWa 54rLedue m t e to the . _ .m�
�� a .. , Ga? 6e_:;f3
❑ receipt ofwhl' h is I�vby 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.
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 furnished to the undersigned for said project, and within the scope of this Affidavit jl
and Waiver of Lien.Ilk
~"
_ /'I CBy="
STATE OF IMIANA ) Ss f3 y
k
ST. JOSEPH COUNTY }
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 1T1�11» S WHEREOF, I have hereunto subscribed my name and affixed my official seal on the d day of
t
Notary Publl Sf,gnattra nmm�
My Commission Expires: ' 1P 0)
Residing in . Jd County, %L C!•
at:nCrm
SUE ANNE CI11A
Seal
Notary Public • State of Indiana
St Joseph County
Commission Expires Oct 22, 2022
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/25/2019 Department Public Works
Name Toy Villa Division/Bureau Engineerin
g
BPW Date 05/14/2019 Phone Extension 5920
Itr INI�NM VNIPYrMPoNMNWi�Nfl o�v ,�qpy�� p�!riVi �- �Rlmi�IlmImNINMIWIWV�IWWWVIVIVIVIVN'VWV!VIVNW� n gy��µ
�. ._._. _.... _..._.,,,, Required Prior to Submittal to Board
Legal F1 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 El
Check the
LJ Agreement
El Professional Services
❑ Bid Opening
❑ Quote Opening
❑ Change Order No,
Ease/Encroach.
Other:
Company or Vendor Name
To riate Item Typ
F]I Contract
El Resolution
E 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
—mitred for All Submissions
❑ Proposal
0 Req. to Advertise
2 Final ❑ PCA
uired Information
Rieth-Riley Co.,Inc. Construction I
Approval of C.O. #�
2 and Project Closeout................................__„y
Addendum
❑ Title Sheet
❑ Required Contractor's Certification Forms Attached (Non -
Collusion Non -Discrimination Non -Debarment, E-Verify Iran, etc.
mired For Chanod Orders Only
Amount of E Increase �m5,42 Decrease $ 9.54
Previous Amount $ 553,203.93
Current Percent of Change; 0.98%
New Amount $ 547„774.39
Total Percent of Chancre: 0.20%
rsal After
Copy
Original
❑
❑
El
M