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HomeMy WebLinkAboutPCA - Dubail Avenue Streetscape Proj No. 120-009 - Rieth-Riley Construction Co., Inc.1316 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 April 25, 2023 Mr. Ruben Alvarado Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 ralvarado &rieth-riley. com RE: Project Completion Affidavit — Dubail Avenue Streetscape — Project No. 120-009 Dear Mr. Alvarado: At its April 25, 2023 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $1,645,315.35. A copy of the Project Completion Affidavit is 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 JORDAN V. GATHERS MURRAY L. MILLER CITY OF SOUTH BEND, INDIANA r BOARD OF PUBLIC WORKS` PROJECT COMPLETION AFFIDAVIT PROJECT NAME Dubail Avenue Streetscape PROJECT NO 120-009 FINAL COST $1,645,315.35 CONTRACT SIGNED 8/24/2021 MAINTENANCE AGREEMENT ENDS Intersection drainage improvements and new curb and sidewalk from Michigan St. to Miami PROJECT DESCRIPTION St. WITNESSETH: 'fhe 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. Exec11't" his 1 day of December 202 2 Rieth-Riley Construction Co., Inc. 4Z � Company Name Signature 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 , and acknowledged his/her signature to the above Project Completion Affidavit on the 1 day of December 2022 Notary Signature My Commission Expires October 03, 2030 Rachael Czarnecki Printed Name County of Residence Marshall 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 Manager of said Corporation; that said release was duly signed for and on behalf of said Corp ration by A441hority of its governing body, and is within the scope of corporate powers: RACHAEL M CZARNECKI ecr tart' s Si ture �`� ��*Y : Notary Public, State of Indiana a o�• tom. Corporate Seal Marshall =z;SEAI.;a' County Matt Hostetler * : *: Commleelon Number NP0744094 My Commission Expires Printed Name�V � urn,m0October03, 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: 4/11 /2023 Cons . ction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member 41 Attest: Theresa M. Heffner, Clerk Date: April 25, 2023 Final Waiver of Lien State of Indiana, County of St. Joseph SS: Ruben Alvarado being duly sworn that he/she is the (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, Intersection drainage improvements and new curb sidewalk from Michigan to Miami (Description) for aprojcot known as Dubai[ Avenue Streesca e Flame of Project) located at Michigan St. to Miami St. and owned by City of South Bend (Owner) and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier: (PARTIAL WAriMR) that there is due from the Contractor the sum of Dollars , , $ _ - Q reocipt of which is hereby ,acinzawledged; or E] 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 Eighty two thousand two hundred sixty five 77/100 $ 82 .265.77 0 receipt of which is hereby acknowledged; or 21 the payment of which has been promised as the solo consideration for this Affidavit and Final Waiver of Lien which shall become effective only upon receipt of such payment. TI EREFORE, 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, subj cot to limitations or conditions expressed heroin, 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 i'urnished to the undersigned for " project, and within the scope of this Affidavit and Waiver of Lien Rieth- Riley Construction Co., Inc By Vim) ) (Authorized Represcn tine) STATE OF INDYANA 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 my affi "al seal on the day of December 2022�__ Notary Public Signature My Commission Expires: October 3, 2030 Residing in Marshall Rachael Czarnecki County, Indiana Notary Public Name RACHAEL M CZARNECKI ;`�o�*••'••�;e�'�, Notary Public, State of Indiana =;SEAL;+'' Marshall County w •. • * COnlmlfsIon Number NP0744094 MY Commission Explres October 03, 2030 INIAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107716330 KNOWN ALL BY THESE PRESENTS: That we -Rie! Li-flilejf_'gnstructi o�, -on C Inc. as Principal, and Travelers Casualty and Surety Coninany 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 , as Obligee, in the total SUM Of Qne Hundred Sixty Thousand Four Hundred Fifty Four and 241 0 110 Dollars S] 6L), -4-54:24 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 Aueust 24, 2021 for Dubai] Avenue Streetscapes - — --------------------------- ("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 Three (3) year(s) commencing on November 2. 2022 —(the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, MaTVEVER, that any suit under this bond shall be commenced no later than o.e (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 I St day of December _, —2,072 . Rieth-Riley Construction Co- Inc, (Principal) By: Travelers Casualty and Surety Company of America By. Linda Discenza Attorney -in -Fact .......... ------- Travelers lCasualty and Surety Company of America uakf and Surety Company Travelers Cas St. Paul, Fire and Marine Insurance Company 00-3 S J V L:, ........... -------- - -- - - - ............. .......... POWER F ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That 1'ravelers Casualtv and Suretv, Company of America, Travelers Casualty and &.jrety Company, and laws of the St t of CoPmnecicut (herein are, corporations cluly organized under the 1 Mle I S, Paul Fire and Marine Ins-ulance Company of "Companies"), arid that the,'ompanies do her byi-ake,Constitute and appoint LindaDiscenza collectively calkad the za I I I-,- I eact to Sion, eveculeseat and CLEVELAND Ohio their beLie and lawdull Attorney's, - 1 V - I tiller writinigs obligatory, in the nafij.re thereof on behalf of a(,*no,.-,Pedge any and ail bonds, rec-09M cv d'iloria' LjnJ and ol the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the perfounance of contracts and executing or lloins -or proceedir6s allowed by law. guaranteeing tbonds and underlakings required or er pr-nitted in @ny ad IN WITNESS WHEREOF, the C'ompanjes have Caused this instriument to be GIQPied, and heir corpomte seats to be hereto affixe-011, this 21st(Ilay ofApril, 2021, State of Connecticut /I -el By---------_-- --- - Gstv of Hartfotd ss, Robert L. neYc-13enior Vice President -ne onaily apoeared Rober, L. Raney, who acknowledged himself to be the S-enior CA-, this the 21st day oil' April, 2021, befio,z-� i . pels Vice President of each of the COmPanies, and that he, as suchi; being authorized so to do, executed the foregaing, -ristrument for 'he pur0oses therein contained by slaning on behalf of said Corripar4es by himse-If as a r-4u!y autunori7ed officer. IN WITNESS WHEREOF, I hereunsLo, set my handand official seal. Z 41411y commission expires the 30th day of June, 2026 a Y nna P. Nowk Nolary Public. th r1i eacr, of 1'his Pciwe�- of Attomey IS il-rairited unde and bv � e aullonly of 11he failowing fresoludions adopted by the Boards of Directors of ore ff the Clompai les, which resolutions are now In full to ce 1 and 0 ect reactin cc> as fo"ows-1 RESOLVED. that the ChairrnOin, t1hie Pii;--;�sident, any Vice M President, any 'Sen'or Mae President. any Vice _naunnian, any Execulive Vice ny Second Vicie, President, the. Treasurer, 31 Pres dent, anv Ass'w nt freasur t% the Corporate Secretar or any 'star Secretary rnay appoint n Attorneys -in -Fact anal Agents to act -" r and on behalf of the C'onnpany and may give such appointee such authority as his or her certificate of autl oritA" may prescribe to sign with the. Company's nanne and se -al withi the Comr_�ariys seat bonds, recogniZances, corAracts oyf indeinnity, and wherwr- .trues v obligalory in the nature of F, bond, recognizainc-e. or conditional untuenakil,Q, arid any of s;aid officeris o5 the Board of Mmotors st a , me may rernove any such appointee and revoke 'he power givei) I'd,- cor her, and il ;is FURTHER RESOLVED, that the ChaWMan, the President, a-mv Vice Chairimii�n, any Executive Vice President, any Senior Vice Presideni. or "hi-4 to one rw mor officers or emiployeels of this Corn any, pr vid d any Mce Presidem may delegate all o, any part of the foi-eg"Aric], aumi -, X.. I . any, 0 1 e tI ,,eta in 'he office ol the Secretary: and it is hat eacn. ele siuch dgation is 1,1 wrifirig and a lcopf therc-of is, FURTHER RESOLVED, that any bon'd, iecognizance, contract of indemnity, or writing obligatoty in the nature of a bond, recoaniz<-,nCe. of conditional undertakir-ig snall be vault and binding upon the Cwnipalrly 4-V1,Ik­,Nn signed by the President, any Vice ChainTian, any Executive. Vice President, anv Senior Vice President or any Vice President, any Second Vice President, the 'i-reasurer, any Assistant Treasurer, the `ofponate Secretar ,-I ttested and sealed with 'he Company's seal by a Secretary or Assistan� Secretary y or any Assistant SecretMy and duly a k or (b) duly executed (under seal, if required%, I ore arid Agents pursuant to thEz DONVer prescribed in N r DV one of n r k I I 1. 1. ' is or her cerfificale or theil- certifica-ites of auffiarity oi by one or mare. 'C"ornpany afficefs pult'suant io a written delegation of aulhofity'I and i'k is FURTHER RESOLVED, that tile signature of each of the folloMria off ic.,fars, President, any Executive Vice President, anv Senior kirice President', -!a v, and -.-a se -al of t" e Company rnay e affixed by facsimile to e 1. Vice President, a; y Seci- , �y ril - . 11 iv Vice Fir sident. any Assisv_ln ta, . ai iv Assi5 Se-retar th anv Power of Attorney or to any certificat.E. relating thereto appointing Pestdelrlt Vice Presidents, Resident Assistant Secretaries or Attorneys-ini- "her writing and any such Power of Fa�lt TO',' purposes only of executing and after fing bonds and undertakings a, d of 1. s obligatory in the nature the. I ji Attorney or cerfificate- bearing such fn.sir-nile signature or facsimile sea! shall Dle valid and binding 1 - pon ttle Cornpeny and any such power so executed and certified by such facsimile signature and facsinIile seal shall be valid and binding on the Cornpany In the fub re with respe,- to at y bond oi KU understanding to whic-tht it ,is attached, Kevin E, Huqhes, the undelsigned, Assistant Secretary of eal-al of 1he- (_]ornoanies, do hereby certi%y that the above and foregoAng is a true and correct 'copy of the or Athorney executed by said Conipaarile.s. which recinains in full force rid effect. Dated this s;4� day of D e c ern L) r M MOM R104 V Kevin E, Hughes, Assi%tant Secretary ro verify Me sathenticity of this Power of Attorney, please call us at 1-800-42,11-3880, Please refer to the above - named A ttorney(s)-in-Fact and the details of the and to which this Powerof Attorney is attached, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 04/11/2023 Name: Kyle Ludlow Department Public Works BPW Date: 04/11/2023 Phone Extension: 9157 Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for 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 Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Information Rieth Riley Construction Co., Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ No Dubail Avenue Streetscape PROJ00000083 (120-009) RWDA TIF PO # 0011413 $1,645,315.35 Project Closeout For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase % Decrease ( %) Increase % Decrease ( %)