HomeMy WebLinkAboutProject Completion Affidavit - J.C. Lauber Site Improvements Proj No 118-083B - Rieth-Riley Construction Co., Inc.M
1316 COUNTY -CITY BUILDING l PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD 5 ` FAX 574/ 235-9171
SOUTH BEND_ INDIANA 46601-1 930
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
November 12, 2019
Joshua McCormick
Rieth-Riley Construction Co., Inc.
25200 State Road 23
South Bend, IN 46614
RE: Project Completion Affidavit — J.C. Lauber Site Improvements — Project No. 118-
083B
Dear Mr. McCormick;
The Board of Public Works, at its meeting held on November 12, 2019, approved the Project
Completion Affidavit for this project in the amount of $416,367.38.
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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT:
yr w ^�Cr
PROJECT NAME
J.C. LAUBER SITE IMPROVEMENTS BASE BID PLUS ALT. 1 & 3
PROJECT NO
118-083B FINAL COST $416,367.38
CONTRACT SIGNED
9/25/2018 MAINTENANCE AGREEMENT ENDS
Provide and install PARKING LOTS with ON SITE RETENTION & UTILITY HOOK UPS AND
PROJECT DESCRIPTION
RELATED SITE WORK & IMPROVEMENTS for the J.C. LAUBER BUILDING.
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.
15T
Executed this day of �G to 3 rrCL 201,_ Rieth-Riley Construction Co., Inc.
Company Name
Si " " 25200 State Road 23
.lowCompany Address
Printed Name South Bend, Indiana, 46614
City, State, Zip
WITNESSESS:
Bef re me„ I
Printed Name
Notary Public in and for said country and state, personally appeared
acknowledged his/her signature to the above Project Completion Affidavit on
C°I1A W 11 E; RMS'L( 11NG
k 4m0jc rtt :,flaWc, swte a:nm pmtaiii;:a
mnviurv° LOP00coutoy
rt
� �n-~�.��rnmrru�,���v� 6ma�w
ttV'4Mt+o�a�clk
County of Residence
If th ntractor a oo at" n, the following certificate will be executed.
I„ 1 certify that I am Secretary of the Corporation executing this release; that
who signed this release on behalf of the contractor was then
of said Corporation; that said release was duly signed for and on behalf of said
Corporation by Authority o s governing body, and is within the scope of corporate powers:
L.
Sec etary's cg ature
PrintklNpke
Corporate Seal
DEPARTMENT OF PUBLIC WORKS APPROVAL
This project is acceptable for :a pproval and we recommend to the Board of Public Works that it be ordained so.
0^ Date: I D 2 2• t °I
Constructio ger
a
Gary A. Gi 6t, President
Therese J. Dorau, Member
BOARD OF PUBLIC WORKS APPROVAL
Genevieve E. Miller
O'Sullivan, Member
Date: dl
Elizabeth A. Maradik, Member
M. Martin,
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
Bond No.: 107101211
KNOWN ALL BY THESE PRESENTS: That we RIETH-RILEY CONSTRUCTION CO., INC. ,
as Principal, and Travelers Casualt-and "urety&:omjjgjjyof 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 Forty One Thousand Six Hundred Thirty Seven and 00/100
U.S. Dollars ( 41,637.00 ) 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 9/25/2018
for
J.C, Lauber Site Improvements 118-0836
ase p b-i Alternates I ana("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 12/8/18 (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 19th day of September 1 2019
(Principal)
RIETH-RILEY CONSTRUCTION CO., INC.
B
l
Travelers Casualty and Surety Company of America
Sandra M. Nowak , Attorney -in -Fact
Travelers Casualty and Surety Company of America
AM e�
Travelers Casualty and Surety Company
TRAVELERS 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, seat 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.
go s �,l V AN,
/q,N
1 1 2 COMM
VA
ITO
r
State of Connecticut By.
City of Hartford ss, Robert. L. Raney, Se .ar 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.
My Commission expires the 30th day of June, 2021 OJ1�J:.
'k �r 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 appointeesuch authority as his or her certificate of authority may prescribe to sign with
the Company's name and sealwith the Company's seal bonds, recognizances, contracts of Indemnity„ and other writings obligatory in the nature of a
bond, recognizance, or conditlonat 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 Presidenl, 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 'Secretaryd 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
Kwrmw
��.• �„� �� ':fir � I �'
Kevin E. �Hf�es,�Assitant Secretary
To verify the authenticity of this Power ofAttorney, 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.
Final Waiver of Lien
State afIndiana, County of St, JOOpil ss:
Joshua A. McCormick, being duly sworn that he/she is the Sales Manager
(Name of Officer) Title
( )
of Rieth-Riley Construction Co�, InChaving contracted with City of South Bend, IN
(Contractor) (Owner)
to furnish certain materials and/or labor as follows; Site Improvements
(Description)
for a project lamwuas JC Lauber Site Improvements 118-083B
(Name of Project)
located at South Bend, IN
and owned by City of South Bend, IN
(Owner)
and does hereby further state on the behalf of the aforementioned subcontractor/supplier:
(PARTIAL WAIM) that there is due from the Contractor the sum of
Dollars $
❑ receipt of which is hereby aclmowledged; or
❑ the payment of which has been promised as the sole consideration for this Affdavlt mad Final Waiver of Lien which Is given
solely with respect to said amount, and which waiver sball be effective only upon receipt ofpayment thereof by the
undersigned;
(FINALWAIVER ER that the final'balanca) due from the contractor is the sum of
Four Nundred Sixteen Thousand Three Hundred 41, ,36 .38
Sixty S
remit of which and 38/100
which is hereby acknowledged; or
❑ the payment of which has been promised as the sole consideration forthis Affidavit and Final Waiver of Lien which shalt
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, fhrnished b the undersigned
then al , subject to limitations or conditions oxpressecl herein, if" any; nand further cortiflecl that no other party has any clrrhn or rl rt to a
lien, on account of any work performed ormaterial furnished to the undersigned for sold project, and within, the scope of this Affidavit
and Waiver of Lien.
fieth-Ry!ey Construction Co.,Inc. �y
(Fm) _.. , 0 . r e tativ
STATE OF MIANA ) Joshua Mic , �a` e Manager
SS:
ST, JOSEPH COUNTY )
Ileforeaue, the undersigned, a Notary Public, In and for said County and State,, personally appearedJo s h u a A, MCCOrmick
and aclonowledged tiro execution of tho foregoing Affidavit and Waiver of Lien,
IN WI LSS WHEREOF, Ihavo hereunto subscribed any name and affixed my o la'l soul a �l t day of
OCtober, 20
Notawcy Pu o Signature
My Commission Expires: 10/22/22
South Bend Sue Anne Cira
Residing in County, StJoseph Notary Public Name
SUE MINE CIRA
Bell
Notary Public • SIM of Indiana
St Joaaph County
My coom"MISSIM atltlr� t 22, 2022
ACKNOWLEDGEMENT BY SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this 191 of September,2019, before me, Diane M. O"Leap °, a Notary
Public, within and for said County and State, personally appeared Sandra M.
Nowak 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 Sty t6 of Illinois
County of Cook
L)lANE Mr1
�� ["'�O 17,J(Y PUIBLIC, SI'A F OF1, 1'1 i j"J1 TI��d
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 10/22/2019
Name Toy Villa Department: Engineering
BPW Date 11/12/2019 Phone Extension 5920
MVNHE MEMNINVNNImIEE MWB,rydir
_... ....... ......... w�.....w m-� R���zred. Prior to Submittal to Board.......6 - __......-�
BPW Attorney Attorney Name
Dept. Attorney
Purchasing
a
0
Check the A
Professional Services Agreement
U Open Market Contract
❑I Bid Opening
❑ Quote Opening
EJ Proposal Opening
[-] Chg. Order, No.
F-1 Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Attorney Name
Item Type -
Contract
❑ Amendment/Addendum
Bid Award
Quote Award
❑ C/O & PCA No.
❑ Traffic Control
All Submissions
L_J Proposal
❑ Special Purchase, QPA
❑ Req. to Advertise ❑ Title Sheet
❑ Reject Bids/Quotes
® PCA
E] Resolution
Ease./Encroach
Information
Rieth Rely Construction Co., Inc.
H Yes U If Yes, Approved by Purchasing
No
E] MBE E] WBE Completed E-Verify Form Attached ❑ Nos
J.C. Lauber Site Improvements
118-083B
River East Development TIF
...............
429.1050.460.42.03
$416,367.38
Pro'eet Closeout
_.�.� For "hq Orders Only . m-._........
Amount
t of ❑ Increase $
❑ Decrease ($ )
Previous Amount $
.
Increase ..............................
Current Percent of Change: Decrease ( %)
New Amount $
........................................._.m........... �... ����_..�.-...............�.............
Increase %
Total Percent of Change: Decrease ( %)
Time Extension Amount:
New Completion Date: