Loading...
HomeMy WebLinkAboutChange Order No 1 & PCA - 2019 Community Crossings Round 2 Proj No. 119-065 - 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 October 13, 2020 Mr. Joshua McCormick Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 11 „ 2r„ 1.. :.% Ili �::::::�::�:.�.:°macc���� RE: Change Order No. 1 (Final)/Project Completion Affidavit 2019 Community Crossings Round 2 — Project No. 119-065 Dear Mr. McCormick: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on October 13, 2020, approved the Final Change Order for this project, for a decrease of $7,467.97. The new Contract sum is $773,982.03. In addition, the Project Completion Affidavit for this project was approved in the amount of $773,982.03. 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: 8/20/2020 PROJECT NO: 119-065 2019 Community Crossings Round 2 (Div1 -Ameritech, Div2- PROJECT NAME: Ironwood, Diva-Miamiflrelancl, Div4-olive, AM-Miami/Calvert. CONTRACT DATE: 11101/2019 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 Net change by previously authorized change orders The contract sum prior to this change order By this Change Order, the project amount is Increased [_X] Decreased The new contract sum including this change order This Change Order represents a total change of Total change for entire project Original contracted completion dateftime Extension of date/time by previous change orders Date/time extension by this change order New completion date/time •'WfXTW mo: Con ct—' ERIC ENGLEKING, REGIONAL VP OF NORTHERN INDIANA Printed Name and Title Rieth-Riley Construction Co.. Inc. Company Name 25200, State Road 23 Address South Bend, IN 46614 City, State, Zip .6/19/2020 0-days 0 days 6/19/2020 781 A50.00 $ 7,467.97 $ 773,982.03 -0.96 % -0.96 % RECOMMENDED FOR APPROVAL CONSTRUMION MANAGER CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Approved Date: October 13, 2020 BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member Therese J. Loran, Member Jordan V. Gathers, Member ATTEST: G'Cllhia C�a727Y Linda M. Martin, Clerk CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT 2019 Community Crossings Round 2 (Divl -Ameritech, Div2-Ironwood, Div3-Miamiflrelancl, PROJECT NAME _Div4-Chive, Altl-Miami/Calvert). PROJECT NO 119-065 FINAL COST $773,982.03 CONTRACT SIGNED 1/10/2019 MAINTENANCE AGREEMENT ENDS Mill and resurface at least 1.5 inches of HMA surface pavement, provide thermoplastic PROJECT DESCRIPTION pavement striping, and replace ADA non -compliant curb ramps for the listed roadways. 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. Execute' this of AUGUST 201 20 Rieth-Riley Constructlon Co., Inc. Company Name Sick 25200 State Road 23 Company Address _LRI.�Q �ygCg� K I N G Printed Name South Bend, IN 46614 City, State, Zip WITNESSES: Before me, the undersigned Notary Public in and for said country and state, personally appeared ERIC ENGLEKING and acknowledged his/her signature to the above Project Completion wN th I f AUGUST o4- 20 a 26 H c 2 11) 1111:11 9'4 N FEE @V 0 R Il- A VIICrrT tary 6@ture My Commission Expires 1/5/2028 C'oirm�sMon tar"y rollurut05 2028 �NN 1 MORA Printed Name County of Residence ELKHART If the Contractor is a corporation, the following certificate will be executed. I, GABY PYCLIK , certify that I am Secretary of the Corporation executing this release; that ERIC ENGLFKING who signed this release on behalf of the contractor was then REGOINIAl VIR NQPTHERN IN DJANAOf 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: ? Secretary's Signature-ss,, Corporate Sea] GARY PYCLIK 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: 09/08/2020 Constructio0anager BOARD OF PUBLIC WORKS APPROVAL Date: October 13, 2020 BOARD ON PUBLIC WORKS Ck— (jary A. Gilot, President Therese J. Dorau, Member Efizabetli A. Maradik, Member Jordan V. Gathers, Member A t"IEST eEyldd Cffavm Joseph R. Molnar, Member Linda M. Martin, Clerk Final Waiver of Lien State oflndiana, Coonty of STJOSEPH SS: ERIC ENGLEKING bring duty sworn that he/she is the REGIONAL VP NORTHERN INDIANA (Name of Officer) (Title) of RIETH-RILEY CONSTRUCTION CO., INC. _ having contracted with CITY OF SOUTH BEND (Contractor) (Owner) to furnish certain materials and/or labor, as follows; KII and resurface at least 1.5 inches of HMA surface pavement, provide thermoplastic pa men s repM A ant c=ram Is S, for a project known as 2019 COMMUNITY CROSSINGS ROUND 2,119-065 (Name of Project) located at VARIOUS LOCATIONS - NOTED ABOVE and owned by CITY OF souTII BEND (Owner) and does hereby further state on the behalf of the aforementioned subcontractor/supplier. (PARTIAL WAIVER) that there is due from the Contractor the sum of Dollars [I receipt of which is hereby arlaiowledged; or the payinent of which loos been promised as the sole consideration for this Affidavit and Final Waiver OfLion-which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned-, (FINAL WAIVER) that the finai balance due from the contractor is the sum of ONE H-UNDRED THREE THOUSAND, ONE HUNDRED TWENTY-SIX DOLLARS AND 99 CENTS. ($103,12�i.99' El receipt of which is hereby acknowledged; or El 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 EM 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 of Lien. RIETH-RILEY CONSTRUCTION CO., INC. (Fhm) thorti6d Representative) STATE OF INDIANA ) SS. ST. JOSEPH COUNTY Before one, the undersigned, a Notary Public, in and for said County and State, personally appeared ERICENGLEKING and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed ray name and affixed my official seal on the 26TH day of AUGUST 200 20 My Commission Expires: 1/5/2028 JrNNIFERMORA 5110"M Moftodaw M y� INDIANA Notary Public N mq,,ol"'V� Residing in County' P&?", "/, Notary Pubha, S� �s o� n6alm, Elkhar � County nnnsskm 4w 0, 2", 0 My cornmi:::: io, IDxpirfI 9 0 21 Januai!) Project Number: 119-065 DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING Project Name: 2019 Community Crossings Round 2 Change Order #: 1 DATE INITIATED: 8/17/2020 BPW DATE: Brief Summary of Change Order; (Construction Change, Alternative, Substitution, Differing Instructions, Out of Scope, Etc.). Adjustment to final quantities. Attachments: (List documents support change — required) Amount of El Increase / ODecrease: $ 7,467.97 Previously approved Change Order(s): $ 0 Current Percent of Change: 96 New Total Amount: $ 773,982.03 Total Percent of Change: '96 Funding Secured From: (filled out by PM) RECOMMENDED BY: Josh Ehmer Project Inspector (Print Name) REVIEWED BY: Toy Villa Construction Manager (Print Name) APPROVED BY: Engineering Project Manager (Print Name) APPROVED BY: Categories (Pick One): ❑ Scope of Work ❑ Differing Site Conditions, Changed Conditions ❑ Conflicted Specifications and Drawings ❑ Failed Materials ❑ Error ❑ Omission 0 Final Quantity Adjustment 11 Av�� 8/20/2020 (Signature) (Date) Ilk - (Signature) I/4&� (Signature) 09/08/2020 (ware) (care) City Engineer (Print Name) (Signature) (uate) MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107281114 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO,, INC, i as Principal, and Tr -Illy of America a corporation avelers Casualty and Surety Comp I organized and existing under the Laws of the State of as Surety, are held and firmly bound unto CITY of SouTH SENc r1EPARTMENT OF PUBLIC WORKS , as Obligee, in the total sum of seventy seven Thousand Three Hundred Principal and Surety bind U.S. Dollars ($ 77,398.20 ) for the payment whereof said themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligee dated 12/10/2019 for City of South Send -Community Crossings Round 2 - Project No. 119-065 ("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 8/26/2020 (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 31 st day of August - 1 2020 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. Travelers Casualt and Surety Company of Atrica By: DebWJ. Doyle , Attorney-irl-Faet, Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS.,TRAVELERS.,J 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 Debra J. Doyle 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. M!1$ unejy � tY1Y ANp *"4 "PG "00 * , `1 *fit. 040 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 G My Commission expires the 30th day of June, 2021 # *up * 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 day of 4411, ly '... oY :w HAHTFOFn, < Cf)NN.VAI _,-- Kevin E. Hughes, Assi tant Secretary 7o verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880, kiease 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 09/08/2020 Name Toy Villa Department Public Works BPW Date 09/22/2020 Phone Extension 5920 Required Prior to Submittal to Board BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services ❑ Contract ❑ Proposal Agreement ❑ 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 ® C/O & PCA No.l Final ❑ 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 ❑ WBE Completed E-Verify Form Attached ❑ Yes No Community Crossings Round 2 119-065 Local Road and Bridge Grant 265.0608.431.36.10 Project Closeout. For Change Orders Only Amount of ❑ Increase $ ® Decrease ($ 7,467.97) Previous Amount $ 781,450.00 Increase % Current Percent of Change New Amount Decrease (0.96%) $ 773,982.03 Increase % Total Percent of Change: Decrease 0.96% Time Extension Amount: New Completion Date: