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HomeMy WebLinkAboutChange Order No 2 & PCA - 2018 Curb and Sidewalk Project No 118-007 - Rieth Riley227 W. JEFFERSON BOULEVARD , rfa toAw di CITY OF • BEND PETE BUTTIGIEG, MAYI BOARD i 'PUBLIC June 25, 2019 Josh 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. 2 (Final)/Project Completion Affidavit - 2018 Curb and Sidewalk, Divisions A1, A2, B1, C, D1, D2, E, F, G1, and G2 — Project No. 118-007 Dear Mr. McCormick: 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 14,510.87. The new Contract sum is $647,385.12. In addition, the Project Completion Affidavit for this project was approved in the amount of $647,385.12. 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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER " DATE: 5/24/2019 PROJECT NO: 118-007 2018 Curb and Sidewalk (Divisions Al, A2, B1, C, D1, D2, E, F, G1, PROJECT NAME: and G2 CONTRACT DATE: 7/10/2018 CHANGE ORDER NO: 2 Final SUBJECT OF CHANGE ORDER: PCR #3 Adjustment to Final Quantities, _WW 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 n rac a Lire Printed Name and Title Rieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 Address $ 574,345.97 $ 87,550.02 $ 661,895.99 Increased XL� Decreased $ 14„510.87 $ 647,385.12 -2.19 % ............ ..ww_ 12.72 % 10/5/2018 207 days ........ ........._ 0 days 4/30/2019 RE:COM E DED PROVAL CONST ION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WqZ ftS Approved Date: b'mm:�- U Gary A. Gilot, President Genevieve E. Miller, Member South Bend, Indiana, 46614 City, State, Zip Elizabeth A. aradik, Member _._. . her se J. orember ®� Laura O'Sullivan, Member CITY OF SOUTH BEND, INDIANA „ BOARD OF PUBLIC WORKS N" PROJECT COMPLETION AFFIDAVIT n 5 " PROJECT NAME 2018 Curb and Sidewalk Divisions Al, A2„ B1, C, D1, D2, E, F, G1, and G2 PROJECT NO 118-007 FINAL COST $647,385.12 CONTRACT SIGNED 7/10/2018 MAINTENANCE AGREEMENT ENDS Remove and replace concrete sidewalk, curb, curb ramps, and approaches at various locations PROJECT DESCRIPTION within the City of South Bend, IN. 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 whit. ere a part of the above Contract. Executed this 71 day of ., ,�' 201Rieth-Riley Construction Co., Inc, Company Name 25200 State Road 23 ......... ......_ _. " Company Address Printed Name South Bend, Indiana, 46614 City, State, Zip WITNESSESS: efo,e me th un rsigned Notary Public in and for said country and state, personally appeared 4 to acknowledged his/her signature to the above Project Completion Affidavit on the Notary ignatur My Commission Expires Printed Nam e County of Residence If the Con ctor is ,corporation„ the following certificate will be xe uted, 1, certify that I am rotary of the Corporation executing this release; that 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 Autho i y of its governing body, and is within the s .op- ci.Lcogoo t SUE ANNIE CIRA Sjj, Secret ry's Si nat Sell " Notltry PubRe - Sido of IndlIna Corporate Seal St Joseph County Printed Name my C'oaufnfcsfon ptr" Oct 22, 2022 DEPARTMENT OF PUBLIC WORKS APPROVAL TNs project is acceptable for fi 11 approval and we recommend to the Board of Public Works that it be ordained so, p Date: Construction oger BOARD OF PUBLIC WORKS APPROVAL Date: r Gary A. Gilot, President Genevieve E. Miller, Member ElizZ th A. Maradik, Member �: ria µ herese J. Dor Member Laura O Sullivan, Member aM. Martin, Clewk MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107072652 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO,„ INC, , as Principal, and Travelers!Casualtj and Surety Company of America , a corporation organized and existing under the Laws of the State of Connecticut as Surety, are held and firmly bound unto CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS , as Obligee, in the total sum Of Sixty Four Thousand Seven Hundred Thirty Eiaht and 51/100 U.S. Dollars ( 4,738.51 ) 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 7/10/2018 for 2018 Curb and Sidewalk Construction Project No. 118-007 s , 'n , „ „ ue-....(,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 05/20/19 (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 4th day of ,rune , 2019 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. Travelers Casualty and Surety Company of America —1 Byt, Sandra M. Nowk , Attorney -in -Fact ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 4t' of June, 2019, before me, Diane M. O'Leaa, 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 Casuafty and Surely Company 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. w k Notary Public in the State o inois County of Cook OFFI.CYAm SEAL d. IANE M O°LEARN( NOTARY PUBLIC, STATE OF ILLINOIS S� My COMMISSION EXPIRES 01/04/20211 � Travelers Casualty and Surety Company of America �q Travelers Casualty and Surety Company TRAVELEI 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. '9 O)f Aare a� a 94, cowAga K% State of Connecticut City of Hartford ss. Robert L. Raney, Se 1'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. 01 My Commission expires the 30th day of June, 2021 k * 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 Attomeys-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 Co.- o a COW �a �.'"'' Kevin E. Hughes, Assl Cant Secretary To verify the authenticity of this Power ofAttorney, please callus 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 j SS: _K(Narn Officer) l being duly sworn that he/she is thel;' cer) _ .s (Title) of �i t �41� t uI g _Ravin contracted with (Contractor) (Owner) to furnish certain materials and/or labor as follows: (Descri Lion) for a project known as z,24 (Name of Project) located at and owned by a" (Onvan) Seel and does hereby further state on the behalf of the aforementioned subcontractor/supplier: 1FMY ry Public - State of Indlem T St Joseph ,County - (PARTIAL WAMR) that there is due from the Contractor the suns oftrtlr$ion Salt+INS 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; (F AL WAIV132 that a A, I balartc ue fir he 1tun e contractor is w " w p , !lars w�a ❑ receipt which is h� ac w edge i 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 ` and Waiver oLlen. .��Firnes ) STATE OF INDIANA SS: ST. JOSEPH COUNTY ) �o Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared hval li"Alm / Qk and acknowledged the execution of the foregoing Affidavit and Waiver of Lion. �/ INWI NESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 5 — day of 2004 Notary Pntblia Signatttro y....__W�.m n Expires: _ a al a My Commission �`. Residing i _ 'w County, Notary Public Name _� BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/17/2019 Department Name ToVilla..............................._... wwww... Engineering . _ ..... __... - --- BPW Date 6/25/2019 Phone Extension 5920 Rec uired Prior to Submittal to Board _....... __ :w. __._._ ................._....._...... .............._ BPW Attorney Attorney Name Dept. Attorney n Attorney Name Purchasing Check the Appropriate m Type 1��q� [� Professional Services Agreement [:1 Contract ❑ Open Market Contract Amendment/Addendum E] Bid Opening Bid Award Quote Opening Quote Award F] 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 rqj Closeout All Submissions LJ Proposal F] Special Purchase, QPA [] Req. to Advertise ❑ Reject Bids/Quotes ❑] PCA �] Resolution EJ Ease./Encroach ❑ Title Sheet For C an e Orders On] ._ ..._�� : W ... Amount of ❑ Increase $ ............... Decrease $ 14,510.87 �........ Previous Amount $ 661,895.99 Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase % Decrease (2.19% . ........................ $ 647,385.12 Increase 12.72% Decrease (%�).....