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Home My WebLink AboutChange Order No 1 & PCA - McKinley Ave & Fremont Park Improvements Proj No 118-072 - Rieth Riley Construction Co1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WORKS I June 25, 2019 Ruben Alvarado 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 - McKinley Avenue & Fremont Park Improvements, Division A — Project No. 118-072 Dear Mr. Alvarado: The Board of Public Works, at its meeting held on June 25, 2019, approved the Final Change Order for this project, for a decrease of $3,484. The new Contract sum is $88,533. In addition, the Project Completion Affidavit for this project was approved in the amount of $88,533. 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 CITY OF SOUTH BEND, INDIANA�, DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER " DATE: 6/25/2019 PROJECT NO: 118-072 Division A PROJECT NAME: McKinley Avenue & Fremont Park Improvements CONTRACT DATE: 12/20/2018 CHANGE ORDER NO: 1 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 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 Signature Printed Name and Title Rieth-Riley Consruction Co., Inc. Company Name 25200 State Road 23 Address South Bend, IN 46614 City, State, Zip $ 92,017.00 $ 0.00 $ 92,017.00 Increased X Decreased $ 3,484.00 $ 88,533.00 -3.79 % -3.79 % 5/31 /2019 0 days 0 days 5/31 /2019 RECOMMENDEQ F R AEPROVAL CONSTR N MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC 0 GCS Approved Da 5— /"' Gary A. Gilot, President Genevievp E. Miller, Member Eliza et A. aradik, Member The ese J, bbrau, Meg ber Laura O'Sullivan, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS =� PROJECT COMPLETION AFFIDAVIT " PROJECT NAME McKinley Avenue & Fremont Park Improvements PROJECT NO 118-072 Division A FINAL COST $88,533.00 CONTRACT SIGNED 12/20/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Improve storm drainaae with new manholes and curbina. 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 w re a part of the above Contract. Executed this Elf day of 201 Rieth-Riley Consruction Co., Inc. Company Name Signature 25200 State Road 23 =,142 ` �Or Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSES& B for me, he signed otary Public in and for said country and state, personally appeared Try �' acknowledged his/her signature to the above Project Completion Affidavit on the d� "_` day of 201 . / itsµ ignature My Commission Expires 'A a'a- a a JN n-e rvy Printed Name County of Residence If the Co tractor is rporat j the following certificate will be ex cuted, I, vo," -J r " certify that I a dretary of the Corporation executing this release, that who signed this release on behalf of the contractor was then Ap- Ma of said Corporation; that said release was duly signed for and on behalf of said Corporation by Author4 of its governing body, and is witl;ijn a c I r r._ ...,� G- �7 Secretary's Printed Name SUE ANNE CIRA Seal Notary Public - State of Indiana St Joseph County Commission Expires Oct 22, 2022 DEPARTMENT OF PUBLIC WORKS APPROVAL Corporate Seal This project is acceptable for raw approval and we recommend to the Board of Public Works that it be ordained so. a Date: Construction MgRger Gary A. Gild „(President BOARD OF PUBLIC WORKS APPROVAL Genevieve E. Miller. Member erese J. Ir u, Mdrnber Laura O'Sullivan, Member Date: ..9 Eiizabeth A, aradik, Member M. Martin, Clerk MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107072649 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO.„ INC. as Principal, and Trgavelers Casually and SureoMM%m fAmeriea , a corporation organized and existing under the Laws of the State of , as Surety, are held and firmly bound unto CITY OF sounI BEND DEPARTMENT OF PUBLIC WORKS , as Obligee, in the total sum Of Eight Thousand Eight Hundred Fiftv Three and 30/100 U.S. Dollars ($ 8,853.30 ) 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 12/20/2018 for ,McKinley Avenue and Fremont Park Improvements ("Work"), NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, shall maintain and remedy said Work free from defects in materials and period of 3 year(s) commencing on 05/10/19 "Maintenance Period"), then this obligation shall be void; otherwise it shall and effect. that if the Principal workmanship for a (the remain in full force 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 3rd day of ,tune 2019 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. By: � (-M d 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 3" of June, 2019, before me, Diane M. O'bear , 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 Casually and Surety CompanyCompqny 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 o 1° linois County of Cook TEA P NOTARY R i6 ILLINOIS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TR V 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. W. r� 1 State of Connecticut By: d. City of Hartford ss. Robert f., Raney, Se br 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. My Commission expires the 30th day of June, 2021 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 ca day of S OWATF"M HNaA M " ;-Jj �. %0 �Kev Hughes, Assi tant 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. AFFIDAVIT AND WAIVER OF LIEN State of Indiana, County of ` SS: being duly sworn that he/she is the (Name of Officer) of � ... '� M a+ �'." ,W having contracted with D (Sub ntractor�4u Gier _ .. pp ) (Contractor) �j�—i ,2 to furnish certain materials and/or labor as follows: �'��h`�C�" ` ��'!�% vGmS...� (Description) for a project known as..lYl `a�r✓/� �� ...... (Name ofProject) located at ,( and owned by (Owner) SUE ANNE MIA Sul and does hereby further state on the behalf of the aforementioned subcontractor/supplier: I Nohry Public - State of Indiana St Joseph County (PARTIAL WAIVER) that there is due from the Contractor the sum of My ConWaslon Eaptres Oct 22, 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; (IfNAL WAIVER) that the final . a .a� nce due _ ton ��ttra .... is theum of ...._...�� .v 4-.. ❑ receipt of which is here Ky ac o ledged,; 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 parry 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 and Waiver of Lien.. STATE OF INDIANA SS. ST• JOSEPH COUNTY ) L Before me, the undersigned, a Notary Public, in and for said County and State, personally apeare�7 ��/CJ� and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. INWITNESS HEREOF, I have hereunto subscribed nay name and affixed my official seal on the � � day of �0..... . NotPublic ary Public Signature My Commission Expires: e� a Residing in County, ty, m ..... Notary 4 mm N ry Public Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/13/2019 Department Name Toy Villa ® Engineering, BPW Date 6/25/2019 Phone Extension 5920 �� wiwuw�vwuuuuuumm�mmmmmmmmmwimimi�v uwmwuumw�wiw.w.mwm.�rurv�i.... vx�mww�r�rv�mvuvuuura�i�u�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuumwmwuwimuwimuwwM.w mrmum�a�rx ��, ..,,�.�,,...._........__.. Rc�.cd Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing 1:1 Check the Appropriate Item Type ,.-• E Professional Services Agreement n Contract [l Open Market Contract ❑ Amendment/Addendum ❑] Bid Opening ❑ Bid Award ❑ Quote Opening Quote Award E] Proposal Opening ® C/O & PCA No. 1 Final ❑ Chg. Order, No. ❑ Traffic Control Other. Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions H Proposal E] Special Purchase, QPA Req. to Advertise [:] Reject Bids/Quotes PCA F] Resolution Ease./Encroach ❑ Title Sheet Riet 1 ily Construction Inc _._W........... Yes...... .�. ... LL Co., ____ .�...... . . . .._._ . w..........� ___m� If Yes, Approved by Purchasing No MBECompleted E-Verify Form Attached ❑ Nos McKm ey Avenue&..Freemont...Park Improvements .................................___................................................ 118-072 LRSA..... 251.0608.431.42.96................................................. Project Closeout ............ For Chang Orders Only Amount of Increase Decrease $ 3,484.00) Previous Amount $ 92,017.00 Increase % Current Percent of Change: Decrease New Amount $ 88,533.00 Increase /o Total Percent of Change: Decrease (3.79% Time Extension Amount:, w... ..................... New Completion Date: