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HomeMy WebLinkAboutChange Order & PCA - Gintz Drive Replacement Proj No 124-054 - Rieth-Riley Construction Co1316 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 March 25, 2025 Mr. Ruben Alvarado Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 ralvarado (krieth-riley. com RE: Change Order No. 1 (Final)/Project Completion Affidavit Gintz Drive Replacement - Project No. 124-054 Dear Mr. Alvarado: At its March 25, 2025 meeting, the Board of Public Works approved the Final Change Order for this project, be decreased by $18,988.74. The final contract amount is $642,612.21. In addition, the Project Completion Affidavit for this project was approved in the amount of $642,612.21. 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, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou CITY OF SOUTH BEND, INDIANA y: BOARD OF PUBLIC WORKS r PROJECT COMPLETION AFFIDAVIT r^ PROJECT NAME Gintz Drive Replacement PROJECT NO 124-054 FINAL COST $642,612.21 CONTRACT SIGNED 9/10/2024 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Regrading and paving of Gintz Drive and Stephenson Mills Parking Lot WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards the City of South Bend wh�werert of the above Contract. Execut is da anua202 Rieth-Riley Construction Co., Inc. Company Name Signatlure 25200 State Road 23 Ruben Alvarado, Sales Manager Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Ruben Alvarado I and acknowledged his/her signature to the above Project Completion Affidavit on th 31st day of January 2025 Notary Signature My Commission Expires 10/03/2030 Rachael Ellis Printed Name County of Residence Marshall If the Contractor is a corporation, the following certificate will be executed. 1 Matt Hostetler certify that I am Secretary of the Corporation executing this release; that Ruhen Alvarado who signed this release on behalf of the contractor was then Sales Manaqer I of said Corporation; that said release was duly signed for and on behalf of said Corpora on by Auth ,r ty of its governing body, and is withi r or to owers: RACHAEL ELLIS Notary Public, State of Indiana Secretary's Signatu a =$ SEAL:"= Marshad County Corporate Seal * * Commission Number NP07440e4 Matt Hostetler M pjIy Commission Expfres Printed Name October 03, 2030 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: 2/19/2025 Cons ction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member M� i Joseph R. Molnar, Vice President Breana Micou, Member r*14 Attest: Theresa M. Heffner, Clerk Date: March 25 2025 CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER ° 1 DATE: 12/18/2024 PROJECT NO: 124-054 PROJECT NAME: Gintz Drive Replacement CONTRACT DATE: 9/10/2024 CHANGE ORDER NO: 1 (Final) SUBJECT OF CHANGE ORDER: PCR #1-Project Completed Under Budget All items completed substantially as planned. See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 661,600.95 Net change by previously authorized change orders $ 0.00 The contract sum prior to this change order $ 661,600.95 By this Change Order, the project amount is Increased RIDecreased $ 18,988.74 The new contract sum including this change order $ 642,612.21 This Change Order represents a total change of -2.87 % Total change for entire project -2.87 % Original contracted completion date/time Extension of date/time by previous change orders Date/time extension by this change order New comple ' n dateltime ONT tRL Contr ctor Signature Ruben Alvarado, Sales Manager Printed Name and Title Rieth-Riley Construction Co., Inc. Company Name 25200 State Road 23 Address South Bend, IN 46614 City, State, Zip 11 /30/2024 0 days 0 days 11 /30/2024 RECOMMENDED FOR APPROVAL CON RUCTION MANAGER CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS I Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member �7�t Joseph R. Molnar, Vice President BreanaMiicou, Member Attest: Theresa M. Heffner, Clerk Date: March 25.2025 FINAL WAIVER OF LIEN Ruben Alvarado being duly sworn that he/she is the Sales Manager (Name of Officer) (Title) of Rieth-Riley Construction Co., Inc having contracted with City of South Bend (Subcontractor/Supplier) (Contractor) to furnish certain materials and/or labor as follows: Road Reconsstructlon & Improvements (Description) for a project known as Gintz Drive 124-054 (Name of Project) located at Gintz Drive City of South Bend and owned by City of South Bend and does hereby further state on the behalf of the aforementioned subcontractor/supplier: FINAL WAIVER that the final balance due from the contractor is the sum of Thirty two thousand one hundred thirty 611100 ($ 32,130.61 ) (Amount Written Out) ❑ 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 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 an 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. Dat 01 1/2025 Rieth-Riley Construction Co., Inc By (Firm) (Authorized Representative) STATE OF Indiana ) SS: St. Joseph COUNTY ) Before me, the undersigned, allotary Public, in and for said County and State, personally appeared Ruhen Alvarado and acknowledged the execution of the foregoing Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 31 St day of anuary 20 25 My Commission Expires: Residing in Marshall 10/03/2030 Notary Public Signature County Rachael Ellis _NotaryPublic Name MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 108186330 KNOWN ALL BY THESE PRESENTS: That we Rieth-Riley Construction Co., Inc. as Principal, and Travelers Casualtyand Surety Company f America , 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 , as Obligee, in the total sum of Sixty -Four Thousand Two Hundred Sixty -One and 22/100--- U.S. Dollars ( $64,261.22 ) 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 September 10, 2024 for Gintz Drive 124-054 ("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) from the date of completion and acceptance of the work performed under the Contract (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 30th day of January 2025 (Principal) Rieth- e Co strz� nc. By; Travelers Casualtyfa d Surety, Comp ny of America By: c Dana D. Rutledge Yttorney-in-Fact Travelers Casualty and Surety Company of America ° Travelers Casualty and Surety Company TRAVELER97St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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 the Companies do hereby make, constitute and appoint Dana D. Rutledge of UNIONDALE , New York , their true and lawful Attomey(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 16th day of February, 2024. � peuRFTy ALTY ANOSG 9 NARlp u`i SEAL j< a SEAL ; ' SEAL State of Connecticut City of Hartford ss. 21 By: Bryce Grissom, Senior Vice President On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, 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 uonuty `� ` fwraL 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. I, 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 30th day offl January 2025 l �o SURFlyr Y" YY!wOs� A9. �AA�NF NQ;{,.y.. ''.°a gyp•'• _.� 'fir gip' _.r '��' ii SEAL ii SEAL =a 4! SEAL :> l ............ Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-421-3880. Please refer to the above-namod Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/13/2025 Name Kvle Ludlow Department Public Works BPW Date 03/25/2025 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. ❑ 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 U Yes U If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Gintz Drive Replacement 124-054 Fund324 PR-00035310 PO-0033906 12.21 Purpose/Description _Project Closeout For Change Orders Only Amount of Increase $ Previous Amount ❑ Decrease ($ 18,988.74 $ 661,600.95 Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease $ 642,612.21 Increase Decrease 0 New Completion Date: 11/30/2024