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Home My WebLink AboutChange Order No 1 & PCA - 2019 Contractor Paving Proj No. 119-062 - Rieth Riley Construction Co, Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 �ool� .", x w 11865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARDU LIC WORKS February 25, 2020 Mr. Joshua A. 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 - 2019 Contractor Paving — Project No. 119-062 Dear Mr. McCormick: The Board of Public Works, at its meeting held on February 25, 2020, approved the final Change Order for this project, for a decrease of $18,812.23. The new contract sum is $442,456.77. In addition, the Project Completion Affidavit for this project was approved in the amount of $442,456.77. 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, k Q .,.,✓'`��r�....m.d�. r��,. M e,...,F�..... W ✓ V�---lam Linda M. Martin, Clerk Enclosures GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR "94 CITY OF SOUTH BEND, INDIANA� DEPARTMENT OF PUBLIC WORKS�� PROJECT CHANGE ORDER` DATE: 12/312019 PROJECT NO: 119-062 PROJECT NAME: 2019 Contractor Paving CONTRACT DATE: 7/23/2019 CHANGE ORDER NO: 1 Final SUBJECT OF CHANGE ORDER: PCR #1-Adjustment to Final Quantities. All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns, The original contract sum $ 461,269.00 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order $ 461,269.00 By this Change Order, the project amount is Increased Decreased $ 18,812.23 The new contract sum including this change order $ 442,456.77 This Change Order represents a total change of -4.08 % Total change for entire project -4.08 % Original contracted completion date/time 10/15/2019 Extension of date/time by previous change orders 0 days Date/time extension by this change order 0 days New completion date/time 10/15/2019 CONTRACTOR RECOMMEND9Q FOR APERgVAIL Con CONSTR N MANAGER vQ m/ % CITY OF SOUTH BEND Printed Name and Title BOARD OF PUBLIC W R S A roved pp Date: ,�� : Rieth-Rile Construction Co., Inc. Company Name Ga A G0 ot, President rY 25200 State Road 23 -, - Address J r n Gathers, tuber South Bend„ IN 46614 City, State, Zip tulll) Elizabeth A. Maradik, Member Therese J. Dora Member AL Molnar, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME 2019 Contractor Pavin PROJECT NO 119-062 FINAL COST $4421456.77 CONTRACT SIGNED 7/23/2019 MAINTENANCE AGREEMENT ENDS /+`" OX., PROJECT DESCRIPTION Perform asphalt milling and surface replacement, including striping, within the City South Bend. 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 thi of u n&+-T,ryF 20 A 0 RiNamelConstruction Co., Inc. Company Signat 25200 State Road 23 t1Gl �C1011 ,� Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSES: afore me, the n+ ersigne Notary Public in and for said country and state, personally appeared r d acknowledged his/her signature to the above Project Completion Affidavit on the 0- day o 20 4 Notary Signature My Commission Expires 0/0) ;- /a a Printed Name �e County of Residence If the Cotract'or l�rp tion„ the following certificate will be x ted, I, w r� certify that I am eoretary of the Corporation executing this release; that 'C" M I 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 Authority of its governing c a s: A � SUE ANNE CIRA Seal Secretary's S uqe Notary Public • State of Indiana Corporate Seal 7My St Joseph County Printed Name Commission Expires Oct 22, 2022 DEPARTMENT OF PUBLIC WORKS APPROVAL This project %cceptahle for" in I approval and we recommend to the Board of Public Works that it be ordained so. _ . Date: Constr'uc ioi ager , BOARD OF PUBLIC WORKS APPROVAL Date: Lille Gary A. Gil t„ President Jo Gathers, Manta er Eliza e'th A, Maradik, Member Therese J. Dorau, Member ph Molnar, Member "'"", nda M. Martin, Clerk MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.:107212052 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. as Principal, and Travelers Casualty and Surety 4C."om tan ofAmerica 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 Forty Four Thousand Two Hundred Forty Five and 00/100 U.S. Dollars ($ 44,245.00 ) 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 7/23/2019 for 2019 Contractor Paving - Project No. 119-062 ("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 10/24/19 (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 3rd day of February 2020 (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 3" of Febra, 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 Casualty and Surety 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. Notary Public in the State o inois County of Cook LOFFICIAL SEAL DIANE M O'LEARY NOTARY PUBLIC, STATE OF ILLINOIS MISSION EXPIRES 0110412021 AM TR VELERS Travelers Casualty and Surety Company of 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, 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 ofChicago 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. 4ovum KA State of Connecticut City of Hartford ss. Robert L. 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. Cr My Commission expires the 30th day of June, 2021 ,te +k � 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 day o 0 U,� � rk t " Gt r�l �� n ILL Kevin E. Hughes, Assb taut Secretary To verify the authenticity of this Power ofAttorney, 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. Final Waiver of Lien State of Indiana, County of SS; LJ�S�(/Q J �t �✓n� being duly sworn that he/she is the I� M (Name of Officer) (Titlo) of/el. l/tWcgntractedwith C" (Contractor) ( wrier) to furnish certain materials and/or labor as follows: ?OC V (Description) for a project known as 0201 (Name ofProject / located at U &end / A/ � f", La c4_/* ins and owned by (Owner) CIRAl and does hereby further state on the behalf of the aforementioned subcontractor/supplier:[::aE tate of Indiana County(PARTIAL WAIVER) that there is due from the Contractor the sum of ires 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 Walver of Lienwhich is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; ❑ xe�cet t o lochs he �b aokn v� � K •�`7 L."" p y le ge � ox 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 onto the Owner of said premises, any and all liens or claims whatsoever on the above -described property and improvements thereon an acccunt of labor or material or both, liirnishetl b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certified that no other party ha,s any claim or right to a lien on account of any work performed or material furnished to the undersigned for saidproject, thin the scope of this Affidavit and hlver of Llen. ABy- Ca.1 STATE OF DWIANA ir) SS; ST. JOSEPH COUNTY ) Defore me, the undersigned, a Notary Public, in and for said County and State, personally appeared».Jon L iq . "�' and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. � INW11 4SS WHEREOF, I have hereunto subscribed ray naive and affixed '�xed my official seal n the .., ay of 20 NotaryPublic Signature My Commission Expires: J D la ��a /D�' Residing lr �_Jftkouftty'�. . 1�h:d Nota Publ oNanie BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 02/10/2020 Tov Villa Department EngiAA�' BPW Date 2/25/2020 Phone Extension 5920 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Dept. Attorney F-] Attorney Name Purchasing ❑ Check the Appropriate Item T e Professional Services Agreement ❑ Contract ❑ Open Market Contract E] Amendment/Addendum Bid Opening ]] Bid Award ]] Quote Opening [, ] Quote Award Proposal Opening ® C/O & PCA No. I(final) [� Chg. Order, No. ❑ Traffic Control n Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Puroose/I escrinti.a Amount of ❑ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: All Submissions L' Proposal F] Special Purchase, QPA [ Req. to Advertise Reject Bids/Quotes ❑ PCA E] Resolution EJ Ease./Encroach Rieth Riley Construction Co., Inc. EJ Yes If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached F1 WBE 2019 Contractor Paving 119-062 _,.... EDIT._._..............._ 408.0607.431.36.10 Project Closeout For Chang .Orders Oj Increase $ Decrease $18,812.23 $ 461,269.00 ............ Increase % Decrease 4.08%0) $ 442,456.77 Increase % Decrease (4.08%) 10/15/19 ❑ Title Sheet ❑ Yes ❑ No