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Home My WebLink AboutProject Completion Affidavit - Berlin Place Site Concrete, Landscape Plantings & Bldg No 4 Roof Pavers Project No 118-057 - Rieth Riley1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SrnITH BEND_ 1NDIANA 46601-1930 0U.41 PEACE �^ 1 �a SOUTHCITY OF R PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS June 25, 2019 Joshua McCormick Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/235-9171 RE: Project Completion Affidavit — Berlin Place Site Concrete, Landscape Plantings, and Bldg. No. 4 Roof Pavers, Division B — Project No. 118-057 Dear Mr. McCormick: The Board of Public Works, at its meeting held on June 25, 2019, approved the Project Completion Affidavit for this project in the amount of $325,000. A copy of the Project Completion Affidavit is enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. G1LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 4 PROJECT COMPLETION AFFIDAVIT, PROJECT NAME Berlin Place Site Concrete, Landscape Plantings, and Bldg. 4 Roof Pavers Division B PROJECT NO 118-057 FINAL COST $+325,000.00 CONTRACT SIGNED 6/26/2018 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Site concrete work at the Berlin Place, 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 0 South Bend whiche a part of the above Contract. a Executed this w r201 / Rieth-Rile Consruction Co„ Inc. Company Name Signature �7-"�— 25200 State Road 23 0 S e t1 Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: B f re me 0pi rsigned Notary Public in and for said country and state, personally appeared f acknowledged his/her signature to the above Project Completion Affidavit on the day of _ , 2.01 1 a Signature My Commission Expires 4) —ba o� a r Printed Name County of Residence ,certify that I an et,a �If the Co tractor is a corporat'on, the following certificate will be xe ted who signed this a ry of the Corporation executing this release; that +_ lease on behalf of the contractor was then of said Corporation; that said release was duly signed for and on behalf of said Corporation by AuthoMfy of its governing body, and is within the scope of corporate powers: L SUE ANNE CIRA T, Secretary's a Seal ioorporate Seal 'All Notary Public - State of Indiana St Joseph County Printed arras Idy Commission Expires Oct 22, 2022 DEPARTMENT OF This project is acceptabl f f" I approval and we recommend to the Board of Public Works that it be ordained so. Date: • j Constructio pager Gary A. M t, President. Therese J, Draw, Meg ber BOARD OF PUBLIC WORKS APPROVAL Date: , A") ) t'i Genevieve E. Miller, Member Laura O'Sullivan, Member Elizabeth A. aradik, M'em er inda M. Martin, Claris MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107072648 KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO,, INC,, as Principal, and Travelers Casualty and Surer), Company of 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 DEPARTMENT OF PUBLIC WORKS , as Obligee, in the total sum Of Thirty Two Thousand Five Hundred and 00/100 U.S. Dollars ( 32,500,00 ) 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 6/26/2018 for .Berlin Mace Site Concrete, Landscape Plantin s and Bldg. 4 Roof Pavers ("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 05/02/19 (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 ,rune 2019 (Principal) RIETH-RILEY CONSTRUCTION CO., INC. a m I Travelers Casualty and Surety Company of America ByN Sandra M. Nowak , Attorney -in -Fact ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 3r1 of jr iie 1 , before me, Diane M. O'Lea� a Notary Public, within and for said County and State, personally appeared Sandra M. Noway 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 Statc4l'of Illinois County of Cook OFFICIAL ..rEAp...... DIANE C OILEARY NO FARY LJ B LIC Travelers Casualty and Surety Company of America �1060k, Travelers Casualty and Surety Company TRAV LER 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 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. NAAI M. QUA CONN. I6K State of Connecticut " By: City of Hartford ss. Robert L. Raney, Se(fi'°hr 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. q 1t My Commission expires the 30th day of June, 2021__, 1r 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 iy said Companies, which remains in full force and effect. Dated this day of 6 L CONN ®rF(Qi%, 0 ICevin E. Hughes, Assi tent Secretary ro 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 fhe bond to which the power is attached. AFFIDAVIT AND WAIVER OF LIEN State of Indiana, County of SS: being duly sworn that he/she is the �� S (Name of Officer) (Title of V having contracted with (Sub ntractor/Supplier) (Contractor) to furnish certain materials and/or labor as follows: eC� (Description) for a project known as // I'7 (Name of Project) located at and owned by D (Owner) SUE ANNE CIRA and does hereby further state on the behalf of the aforementioned subcontractor/supplier: Seal Notary Public - State of Indiana (PARTIAL WAIVER) that there is due from the Contractor the sum of St Joseph County My Commission Expires 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 Waiver of Lien which is given solely with respect to said amount, and which waiver shalt be effective only upon teceipt of payment thereof by the undersigned; 1VE- at the al ba:larrce due from he c aetor is t e sum of 0 0 ipt 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 thercon 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. -`�A"'i �" sf �. !nc By um ty STATE OF 1NDIANA ) ) � P � �A'e-S'� S'S: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared,�.?�_ r, /47k and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WI S WHEREOF, I have hereunto subscribed my name and affixed mzoary ffiil seal on the day of Public Signature My Commission Expires: 1 la X, 2 Q , Residing in 1JA County Notary Pu Na e BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/13/2019..................�....... aw.......m...� Department Public Name Toy Villa Works BPW Date 6/25/2019 Phone Extension 5920 wpxnwu wwm rmmu m^mman�mimmmmommwmwu¢�.mmm rnnnn a�amar,�Nm mumuummmmuuuuuuuuuuuuuuuuuuuuuuurvurvrirvrirvumnmmmmw, r ��umimuum�umuMiuiuiuiuuwuuw�iwmmmuwimwwuww,vvu mw.uwiu�wi imp, rva �.._._ a....._........................... ......_............................. �. w Required 1 to Board od Prior to Submitt........w _........... _ .. BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing [❑ Check the A p opriate Item " yp ; - Requiredfin- All Submissions ❑ Professional Services Agreement ❑ Contract [:] Open Market Contract [❑ Amendment/Addendum ❑ Bid Opening ]I Bid Award EJ Quote Opening Quote Award ❑ Proposal Opening ❑ C/O & PCA No. ❑ Chg. Order, No. ❑ Traffic Control F Other: u:i;rd Information _] Proposal ] Special Purchase, QPA E] Req. to Advertise F] Reject Bids/Quotes ® PCA ❑ Resolution 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 Ease./Encroach ❑ Title Sheet L_J YesLJ If Yes, Approved by Purchasing ® No ❑Yes MBE Completed E-Verify Form Attached No WBE Berlin Place Site Concrete I.andsce, Plantings and Bldg. 4 Roof Pavers .... 118-057 River West TIF 324.1050.460.42.01 ..................�...........w�.. $325,000.00 Proiect Closeout _m.. For Chang Orders Only __.. Amount of E Increase $. ,. w.....��. .................... �] Decrease _...._�m...... �$� ................� �................................�...�....�,,,..........,,m.........�................�____-_-_-- �...� Previous Amount $ Increase % Current Percent of Change: Decrease (m %)m New Amount $ Increase % Total Percent of Change: Decrease ( /o mm.......... 0 Time Extension Amount: New Completion Date