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HomeMy WebLinkAboutChange Order No 1 & PCA - Gemini Site Improvements Proj No. 119-043 - Rieth-Riley Construction Co., Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 28, 2020 Mr. Joshua McCormick Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 ,ja ccc n-nick-.. Jet] He RE: Change Order No. 1 (Final)/Project Completion Affidavit Gemini Site Improvements — Project No. 119-043 Dear Mr. McCormick: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 28, 2020, approved the Final Change Order for this project, for a decrease of $15,888. The new Contract sum is $598,563.28. In addition, the Project Completion Affidavit for this project was approved in the amount of $598,563.28. 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, s/Linda M. Martin, Clerk Enclosures GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR CITY OF SOUTH BEND, INDIANA'° DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER DATE: 412812020 PROJECT NO: 119-043 PROJECT NAME: Gemini Site Improvements CONTRACT DATE: 7/9/2019 CHANGE ORDER NO: SUBJECT OF CHANGE ORDER: PCR #1-Add Fence to East PCR #2-Modify Handrail Designs PCR #3-Final Quantities 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 -------------- w C �gnatr Joshua A. McCormick, Sales Manager Printed Name and Title Rieth-Riley Consruction Co., Inc. Company Name 25200 State Road 23 Address South Bend, IN 46614 City, State, Zip $ 614,451.28 $ 0.00 $ 614,451.28 HIncreased X Decrease d $ 15,888.00 $ 598,563.28 -2.59 % -2.59 % 11/112019 0 days 0 days 11/1/2019 RECOMMENDED FOR APPROVAL CONSTR TION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: April 28, 2020 BOARD OF PUBLIC WORKS (b,T A. Gilot Presid-t n Elizabeth A Maradik,Member 'lberese J. Doran, Member ,.-../u Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �r�r.1a CZl«1111 Linda M. Martin, Cl.,k ----. � w,wil�lfXy�i CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS` PROJECT COMPLETION AFFIDAVIT PROJECT NAME Gemini Site Improvements PROJECT NO 119-043 FINAL COST $598,563.28 CONTRACT SIGNED 7/9/2019 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Drywell installation, concrete work, and parking lot paving at the Gemini apartments. 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 this 13th ga, „ 201 20 Rieth-Riley Consruction Co., Inc. Company Name Joshua A. McOrmlck AINO w6114wIwr�mIl�Y�tl"mom�filUf�41�u�9�Nb",'�rm�"��^ pu!�"ItlplX�puXOM&wm�WY61��'iNoulm�'Vy�V�pppa`�Vl��l!W�ua"�I'v� kNp'u�p0@p BXCFd'�nn. r,�Y.". N����"�NV� I.G"� �"nv 11 ORA Printed -Rd uatoi Stare of hufiari s me LI'V-4meit" .4, � i�tutrtti uiasVGuimmtC w,ruti ;t:tl� �aarr7 C�uuuroth�urti�U&�qi"��ai°t�i'i WITNESSESS: o riruor:urrt t afirrr Jos s°ua A-1 t miche uo �,rdf�6+ ary mu fiii c E knowledged his/her signature to the above the 1 Ith da of April 20120 o tary , ' mature My Commission Expires of r Ma a Printed Name County of Residence 25200 State Road 23 Company Address South Bend, IN 46614 City, State, Zip , personally appeared Project Completion Affidavit on 1 /5/2028 Elkhart If thedontrac is a CQ�rporation, the following certificate will be ex cutted. I, ary'pycliK . certify that II am S tary of the Corporation executing this release; that Osn u a A. McuorrrucNigned this release on behalf of the contractor was then Sales Manager of said Corporation; that said release was duly signed for and on behalf of said Corporation by Authority of its governing body, and is within the scope of corporate powers: r a eta s S�tature Corporate Seal Gary PYch k Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date 04/17/2020 Constructs Manager BOARD OF PUBLIC WORKS APPROVAL Date: April 28, 2020 BOARD OF PUBLIC WORKS Gary A. (plot, Preside nt - n' Elizabeth A. Maradik, Member Therese J. Doran, Member Jordan V. Gathers, Member ATTEST: E�Zulk CT01#1 Joseph R. Molnar, Member Linda M. Martin, Clerk State of Indiana, Cotmty of Final Waiver of Lien St Joseph Joshua A. McCormick -being duly swom that he/she is the (Name of Officer) ,fRieth-Riley Construction Co., Inchavirig contracted with (Contractor) to furnish certaiti materials and/or labor as follows-, 119-043 (Tide) City of South Bend (Owner) (Description) for a project known as Gemini Site Improvements (Name of Project) located at 617 Washington St Alld owned by City of South Bend and does, hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WArVER) that there is due from the Contractor the sum of DoVars F1 receipt of which is hereby a0zowledged; or the payment of which has been promised as the sole consideration for this Affidavit and Filial Waiver of Lienwhich is given solely with respect to said amount, and which waiver shall be effective 0111Y upon receipt of payment thereof by the undersigned; (FINALWAIVER) that the finial b I fm due ftom, 0 C N actor is the Urn of �L '), I i If I e) I It, rc s7 two 2 receipt of which is hereby acknowledged; or ❑ the payment of which has been promised as the solo consideration for this Affidavit and Final Waiver of Lien which shall become effective only upon receipt ofsach 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 vortified that no other pwty 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 of1lon. Rieth-Riley Constructidn Co., Inc. 13Y (Firm) STATE OF IMIANA LAUthorize SS, ST. JOSEPH COUNTY Joshua A. McCormick Before me the undersigned, a Notary Public, in and for said County and State, personally appealed and acluiowledged the execution of the foregoing Affidavit and Waiver of Liam —A gilWITNESS WBEREOP, I have hereunto subscribed my200TO no pandaffixedmyofficials7loliffic 1 3th day of "N C _,ir", Aillkq .7, My Commission Expires-, 1/5/2028 Jenn`�ier Mora Residing in Elkhart county, I N Notary y J E N E R V',A 0 R)11� j 14clar" ySlote of ki,(Jhln SE A, Nkhv � C4>unty A' 6 Con,imission Number NF10724328 My C�wmn�ss�on ExpheB JaPo(X5, 20�28 emu MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. I as Principal, and a corporation organized and existing under the Laws of the State of Connectigmt as Surety, are held and firmly bound unto. CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS as Obligee, in the total SUM Of Fifty Nine Thousand Eight Hundred Fifty Six and 00/100 U.S. Dollars ($ 59,856.00 ) 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 7/9/2019 Gemini Site Improvements Project No. 119-043 ("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 1110112019 - (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 1 3th day of April 1 2020 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. By; . ... ...... Triti,elers Cgsnalty and Surety Company of America By: Sandra M, Nowak , Attorney-in-F , act Travelers Casualty and Surety Company of America A W_ Travelers Casualty and Surety Company TRAVELER SJ 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. char rw ,i V A*,, HMARTFOM CONN. VA State of Connecticut By: . .. ......... . . 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 duty authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Marie C. Tetreadt, 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, 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 day of HARTFOW. CONN.. 0 Kevin E. Hughes, Assigtant 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. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/17/2020 Name Toy Villa Department Engineering BPW Date 04/28/2020 Phone Extension 5920 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening [3 C/O & PCA No. 1 ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Rieth Riley Construction Co., Inc ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ Gemini Site Imbrovements 119-043 WWDA TIF 422.1050.460.42.02 Proj ect Closeout For Change Orders Only Amount of ❑ Increase $ ® Decrease ($ 15,888.00) Previous Amount $ 614,451.28 Increase Current Percent of Change: Decrease New Amount $ 598,563.28 Increase Total Percent of Change: Decrease Time Extension Amount: New Combletion Date: 2.59% 2.59%)