HomeMy WebLinkAboutChange Order No 2 & PCA - 2023 Locust Rd. Imprvmnts. Assumption Dr. to SR 23 Proj No. 123-018 - Rieth-Riley1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9251
FAx 574/235-9171
CITY OF SOUTH BEND TAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
August 13, 2024
Mr. Ruben Alvarado
Rieth-Riley Construction Co., Inc.
25200 State Road 23
South Bend, IN 46614
ralvarado (krieth-riley. com
RE: Change Order No. 2 (Final)/Project Completion Affidavit
2023 Locust Road Improvements from Assumption Dr. to SR 23 - Project No. 123-018
Dear Mr. Alvarado:
At its August 13, 2024 meeting, the Board of Public Works approved the Final Change
Order for this project, be decreased by $210,876.80 with an additional nine (9) days. The final
contract amount is $2,623,620.21.
In addition, the Project Completion Affidavit for this project was approved in the amount
of $2,623,620.21 with a new completion date of November 26, 2023. Copies of the Change
Order and Project Completion Affidavit are enclosed for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
PROJECT CHANGE ORDER
DATE:
5/28/2024
PROJECT NO:
123-018
PROJECT NAME:
Locust Road Improvements from Assumption Dr to State Road 23
CONTRACT DATE:
6/13/2023
CHANGE ORDER NO: 2 (Final)
SUBJECT OF CHANGE ORDER: PCR #1-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
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
ONTR
91-7
Contractor Signature
❑ Increased
�X Decreased
11 /17/2023
9 days
0 days
11 /26/2023
$ 2,834,497.01
$ 0.00
$ 2,834,497.01
$ 210,876.80
$ 2,623,620.21
-7.44 %
-7.44 %
RECOMMENDED FOR APPROVAL
CONSTRUCTION MANAGER
-/Z� 14 s:f CITY OF SOUTH BEND
Printed Name and Title BOARD OF PUBLIC WORKS
Rieth-Riley Construction Co., Inc. CITY OF SOUTH BEND, INDIANA
Company Name BOARD OF PUBLIC WORKS
25200 State Road 23
Address
South Bend, IN 46614
City, State, Zip
I, A
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Joseph R. Molnar, Vice President
tL_-G,
Briana Micou, Member
Attest: Theresa M. Heffner, Clerk
Date: August 13, 2024
CITY OF SOUTH BEND, INDIANA % �u
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME Locust Road Improvements from Assumption Dr to State Road 23
PROJECT NO 123-018 FINAL COST $2,623,620.21
CONTRACT SIGNED 6/13/2023 MAINTENANCE AGREEMENT ENDS
PROJECT DESCRIPTION Roadway improvemenst along Locust Rd.
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.
Exec a this y of May , 2024 Rieth-Riley Construction Co., Inc.
�,�, �� Company Name
Signature 25200 State Road 23
Ruben Alvarado - Sales Manager
Printed Name
Company Address
South Bend, IN 46614
City, State, Zip
WITNESSESS:
Before me, the undersigned Notary Public in and for said country and state, personally appeared
, and acknowledged his/her signature to the above Project Completion Affidavit on
the 23 day of May 12024
Notary Signature
My Commission Expires 7/14/29
Dawn Armstrong
Printed Name County of Residence Kosciusko
If the Contractor is a corporation, the following certificate will be executed.
I Matt Hostetler , certify that I am Secretary of the Corporation executing this release; that
Ruben Alvarado who signed this release on behalf of the contractor was then
Sales M ager of said Corporation; that said release was duly signed for and on behalf of said
Corpo do by ority of its governing body, and is within the scope of corporate powers:
ecretary's Si afore
MCorporate Seal
Matt Hostetler
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.
A�'A �w- Date: 8/2/2024
Con&fmction Manager
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
]*W14-1-2PT
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Joseph R. Molnar, Vice President
Briana Micou, Member
Attest: Theresa M. Heffner, Clerk
Date: August 13, 2024
Final Waiver of Lien
State ofludiana, County of St. Joseph
Ruben Alvarado being duty sworn that he/she is the
(Name of Officer)
of Rieth-Riley Construction Co., Inc.
(Contractor)
to furnish certain materials and/or labor as follows:
for a project known as
located at
and owned by
SS:
Sales Manager
(Title)
having contracted with City of South Bend
(Owner)
Roadway Improvements along Locust Road
(Description)
123-018 Locust Road Improvements From Assumption Dr to State Road 23
Assumption Dr. to State Road 23
(Name of Project)
City of South Bend
(Owner)
and does hereby Anther state on the behalf of the aforementioned subcontractor/supplier:
(PARTIAL WAIVER) that there is due from the Contractor the sum of
Dollars $
❑ receipt of which is hereby acluiowledged; 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;
(FINAL WAIVER) that the final balance due from the contractor is the sum of
❑ receipt ofwhich is hereby acknowledged; 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 as account of labor or material or both, furnished b the undersigned
thereto, subj ect to limitations or conditions expressed herein, if any; and further certified th no other party has any claim or right to a
lien on account of any work performed or material famished to the undersigned for sai ject d wl o e of this Affidavit
and Waiver of Llen.
Rieth-Riley Construction Co., Inc. By
frill (Authorized Representative)
STATE OF MDIANA ) )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared
and acknowledged the execution of the foregoing Affidavit and Waiver of Lien.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed offic• 1 seal on a 28 da
May 202 4
otary, P lic Signature
ivly Commission pines: /
r Wl" r, 'k
Reesiding in ( County, DAWN
�`�?.••��e° Notary Public, state of Indiana
,G
-2'SEAL;"" Kosciusko County
t'•, t; Commission Number NP0734858
ti�iANP My commission
Expires
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
Bond No.: 108052489
KNOWN ALL BY THESE PRESENTS- That we -Rieth-Riley Construction Co., Inc.
as Principal, and Travelers Casualty and Surety Company of America , a corporation
organized and existing under the Laws of the State of Connecticut , Surety are held and firmly
bound unto City of South Bend, St. Joselph County, Indiana as Obligee, in the total sum of
Two Hundred Sixty Two Thousand Three Hundred Sixtv Two and 02/100
U.S. Dollars ( $262,362.02 ) 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 June 13, 2023
for 123-018 Locust Road Improvements
("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(three) year(s) following substantial completion of the Work (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 23,d day of May 1 2024
Rietb-Riley Construction Co., Inc.
(Principal)
By:
Travelers Casualty and Surety Company of America
By:
Linda Diseenza Attorney -in -Fact
Travelers Casualty and Surety Company of America
A W1 Travelers Casualty and Surety Company
owl siTRAVEUR 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 Linda Discenza of
CLEVELAND , Ohio , their true and lawful Attorney(s)-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 21st day of April,
2021.
;r War&
State of Connecticut By: t 9-i4a
City of Hartford ss. p,
- obert L. Raney,�-"&enior Vice President
7- - - ----
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026 A pw
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, 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 each of the Companies, 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 23rd day of May 1 2024 ,
0 nVA
lybp
ask"
am&
bXevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1 -800-421 -3880,
Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Po wer of A ttorney is attached.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 08/2/2024
Name Kvle Ludlow Department Public Works
BPW Date 08/13/2024 Phone Extension 9157
Review and Approval Required Prior to Submittal to Board
Diversity Compliance ❑
Officer Name
and Inclusion Officer
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 ® C/O & PCA No. 2 ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
n Other: n Ease. /Encroach
Information
Company or Vendor Name Rieth-Riley Construction Co., Inc.
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
U Yes U If Yes, Approved by Purchasing
® No
E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos
2023 CCMG- Locust Road Improvements
123-018
MVH-R, Local Roads & Bridges, River West TIF
PR-00024465 PO-0024692
$2,623,620.21
_Change Order and Project Closeout
For Change Orders Only
Amount of ❑ Increase $
® Decrease ($ 210,876.80)
Previous Amount $ 2,834,497.01
Increase %
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
Decrease 7.44%
$ 2,623,620.21
Increase %
Decrease 17.44%