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Home My WebLink AboutChange Order No 1 & PCA - 2019 Curb and Sidewalk, Division A1, B1, C1, C2, D1, and Alternate 2 Proj No. 119-004 - Rieth-Riley Construction Co., Inc.1316 COUNTY -CITY BUILDING Tu"I PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD MA i ? p qX $74/ 235_91 71 gOI)TH BEND_ INDIANA 46601-1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU IC WORKS December 19, 2019 Mr. Joshua McCormick Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 RE: Change Order No. 1 (Final)/Project Completion Affidavit — 2019 Curb and Sidewalk, Division Al, Bl, C1, C2, D1, and Alternate 2 — Project No. 119-004 Dear Mr. McCormick: The Board of Public Works, at its meeting held on December 19, 2019, approved the Final Change Order for this project, for a decrease of $9,655.45. The new Contract sum is $384,973.05. In addition, the Project Completion Affidavit for this project was approved in the amount of $384,973.05. 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 DATE: PROJECT NO: PROJECT NAME: CONTRACT DATE: CHANGE ORDER NO• CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER 11/13/2019 119-004 '41t, � Z,„ i 019 Curb & Sidewalk Div. Al, 131, C1, C2, D1, and Alt. 2 5/28/2019 Final) ........... SUBJECT OF CHANGE ORDER: PCR #1-Adjustment to Final Quantities (-$8,155.45) and 3 Days of Liquidated Dama es 41,500 . 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 contra 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 Old C or Signa 5hvq 4, AP-6 �k Printed Name and Title / l Rieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 A�...d.....Vress .. .....— dress South Bend, Indiana, 46614 City, State, Zip $ 394„628.50 $ 0.00 $ 394,628.50 Increased X Decreased $ 9,655.45 $ 384,973.05 ,,,, _ -2.45 % -2.45 % 11/15/2019 0das _0 da.....— 11 /15/2019 C M ND F R B YJ I.. CONSTR MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS proved Date: '20 ry A. Gilot, Presid nt enevi,re E. Miller,,,rlember Elliz5beth A. Varadik, Theses J. D'oreu, Member - 6aa O'Sullivan, Po i� mber .. CITY OF SOUTH BEND,UNDkANA BOARD OPPUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME v. PROJECT NO 119-004 FINAL COST $384,973.05 CONTRACT SIGNED 5/28/2019 MAINTENANCE AGREEMENT END�S PROJECT DESCRIPTION Remove and place concrete sidewalk, concrete curb, ~~~ compliant curb ramps, and WITNESSETH: the 2019 Curb and Sidewalk Pr ---- The work under the above contract between the City ofSouth Bend and the undersigned contractor having been nompleted mechyofSouth Bend, dooffi�o|oand mgemoamho�byndaooad�omaUdoimnand demands who�oeve,ahaingunder `r oysuch ountna�.and that the contro�nrpedonnodthe work wdhinthe scope ofthe 8po�fioodonnand Gtandondoofth City ofSouth Bend which f e ny Ex—cuted ---- Ri eth-Rilev Construction Co., Inc. ompany Name Si nature 25200 State Road 23 Printed Name South Bend, Indiana, 46614 iah I undersig ed Notary Public in and for said country and state, personally appeared and acknowledged his/her signature to the above Project Completion Affidavit on Ireday ---- ^~--~~—~--- ---MyCommission Expires ��x��a Printed Name County ofResidence AIf I certify that I wn4kary of the Corporation executing this release; that who signed this release on behalf of the contractor was then el, n a 4C s a Wco r o a,1 o n, "thre fo"OWing certfic� r of said Corporation; that said release was duly signed for and on behalf of said Corporation by Auth, rity of its governing, body, and is within an SecIry I s Signature Sell Notary Public - State of Indiana 14 St Joseph County Printed Name rMyMcommission Expires Oct 22,2022 DEPARTMENT OFPUBLIC VVORKSAPPROVAL This i |and wmrecommend tothe Board ofPublic Works that itboordained so. Date: ConstructionHer ale � x GaryA. G�ilot, ie/sident T 6se M�ember BOARD OFPUBLIC WORKS APPROVAL G onewi,�,yeE. Miller, M Final Waiver of Lien State of Indiana, County of w « SS: , Joadi" Ct�l" being duly sworn that he/she is the (Name ofOfrleer) (Title ofAYLle �, having contracted with (i otttrar car`) ("Owner) to furnish certain materials and/�l labor as follows,,e „ " �+ 'pf d d4 /Wj k.5 j (Description) �!L for a project known as %13 located at and owned by and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier: (PARTIAL WAMR) that there is due from the Contractor the sum 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 sball be eiiootive only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) th=finae due from the coo ct is to s of � µ �a . _._ _ r .�. 3 ❑ receipt of which is hereby acknovrledged; or 77Mr Xthe 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, ally and all liens or claims whatsoever E on the above-descrlbodproperty and Improvements thereon as account oflabor 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 clalin or right to a ilen on account of any work performed or material flrrttished to the undersigned for said project, and within the scope of this Affidavit and Waiver ofLlem w �./nc, By (Firm) rt re ntativ) STATE OF INDIANA SS: t ST, JOSEPH COUNTY ) ,/ Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared, S�v4 and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. I WITNESS WBEItEOF, I ,have hcrounto subscribe name a d Mad my official al on the �� ay of Notary Public Signature; My Commission Expires: Lag a a. a Residing i 0 , l County, 1nG� c al2Gy SUE ANNE CIRA Seel Notary Public • State of Indians St Joseph County My Commission Expires Oct 22, 2022 MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107156334 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. as Principal, andTravelers Casualty and Surety Company of merica a corporation organized and existing under the Laws of the State of , as Surety, are held and firmly bound unto SOUTH BEND COMMUNITY SCHOOL CORPORATION —,as Obligee, in the total sum of Thirty Ei ht Thousand Six Hundred Forty Seven and 30/100 U.S. Dollars ( 38,647.30 ) 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 5/28/2019 20191 b and SidewalkConstruction • for 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 10/5/19 (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 26th day of November 2019 (Principal) RIETH-RILEY CONSTFLUCIVO., INC. Al 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 26th of November 2019, before me, Diane M. O'Leat , 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 Castialty and Surety Cony an 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. J Notary Public in the State of 11 �iiois� County of Cook OFFICIAL SEAL DIANE M O'LY NOTARY PUBLIC, STATE OF ILLII My COMMISSION EXPIRES 01/04/2021 TRVEL w Travelers Casualty and Surety Company o -America Travelers Casualty and Surety Company 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„ slid Ste 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 1111"ols their true and lawful Attorney -In -Fact to sign, execute„ seat 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.. h ,W,tv A.rt,A tr�cow " State of Connecticut City of Hartford ss. Robert Raney, Se or 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. b" My Commission expires the 30th day of June, 2021 � r» A* *yti �r Maria 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 aftested and sealed with the Company's seal by a Secretary or Assistant Secretary;. or (b) duty 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;. 1, 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 C-�l day -�Lk wi�'i1",t wxw AY�� OMN rw Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, p/ease call us at f-800-411-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/17/2019 Name Toy Villa _ Department Ear ineerin BPW Date 12/19/2017 Phone Extension 5920 Iec uird Prior to Submittal to Board BPW Attorney E] Attorney Name Dept. Attorney ❑ Attorney Name Purchasing Check the Apte Item Type_� El Professional Services Agreement E] Contract Open Market Contract ❑ Amendment/Addendum E] Bid Opening ❑ Bid Award E] Quote Opening ❑ Quote Award ❑! Proposal Opening ! C/O & PCA No.l Final 0Chg. Order, No. Traffic Control Other: Required Informatic Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract ru ose/ue cri tton All Submissions " Proposal E] Special Purchase, QPA Req. to Advertise ❑ Reject Bids/Quotes PCA El Resolution Ease./Encroach Rieth I i Construction Co. Inc. .....- ❑ Yes If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ WBE 2019 Curb & Sidewalk Construction 119-004 IT-.�......u_ ....._ ..............__ MVH 202.0619.431.31.06 Pro ect Closeout For Clianee Orders Amount of ❑ Increase $ ® Decrease ($ 9,655.45) Previous Amount $ 394,628.50 Increase % Current Percent of Change: Decrease (2.45%) New Amount $ 384,973.05 Increase % Total Percent of Change: Decrease Time Extension Amount: New Completion Date: ❑ Title Sheet ❑ Yes ❑ No