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HomeMy WebLinkAboutPCA - Lincoln Way West and Olive Streetscape Proj No. 119-108 - 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 — Lincoln Way West and Olive Streetscape Project No. 119-108 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 $1,849,784.74. 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 Hefner 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, INDIANAHk. BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Lincoln Way West and Olive Streetscape PROJECT NO 119-108 FINAL COST $1,849,784.74 CONTRACT SIGNED 5/25/2021 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Streetscape improvement project at Olive Street and Lincoln Way. 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 thi 30 day of November 2022 Rieth-Riley Construction Co., Inc. Company Name Signature 25200 State Road 23 Ruben Alvarado, Sales Manager Company Address Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Bemire me, the undersigned Notary Public in and for said country and state, personally appeared Ul?en 81uar4dQand acknowledged his/her signature to the above Project Completion Affidavit on the _N d�ayJof NQV&I' W , 2022 Notary Signature My Commission Expires�d 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 1 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 hority of its governing body, and is within the scope of corporate powers: &' RACHAEL M CZARNECKI ��p" pock Notary Public, State of Indiana ecretary s Si ature 0=-SEAL-'°= Marshall County Corporate Seal Matt Hostetler*: Commission Number NP0744094 �AW�p�` My Commission Expires 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. 111�yA Date: 4/12/2023 Co ruction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS VIL4 ',-�-2P1 Elizabeth A. Maradik, President �� rill-cilot Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President JordannfVGathers, Member '"/� Attest: Theresa M. Heffner, Clerk Date: April 25, 2023 Final Waiver of Lien State ofldiana, County of St. Joseph SS: Ruben Alvarado being duly sworn that he/she is the Sales Manager Fame 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; Streetscape improvement project Olive Street and Lincoln Way (Description) for a projcot known as Lincoln Way West and Olive Streetscapes (Name of Project) located at Lincoln Way West and Olive and owned by CitV of South Bend (owner) and does hereby further state on the behalf of the aforementioned subcontractor/supplier: (PARTIAL WAWER) that there is due from the Contractor the sum of Dollars {$ ) [ receipt of which is hereby aclaxowledged; or El the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver ofLien.which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undorsigned; (FINAL WAIVER) that the final balance due from the contractor is the sum of Ninety two thousand four hundred eighty nine 23/100; 92 0 receipt ofwbich is hereby aclariowledged; or 21 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 4mount of any work performed or material furnished to the undersigned for saldproject, and within the scope of this Affidavit and. Waiver of L ien. By (Firm) (Authorized Representative) STATE OF IN1 L. NA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, In and for said County and State, personally appeared Ruben Alvarado and aftowlcdged the execution of the foregoing Affidavit and Waiver of Lien. T '-'— IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of 2022- ���,, +y, Notary Public Signature My Commission Expires: o� It' ✓ ! Z � J' � &Cnat/ CzarnLCL Residing in w County, Notary Public Name RACHAEL M C ,... � , ZARNECkI o: •.@�� Notary Public, Stat® of Indiana �;SEALo0= Marshall County ys' •% *' commission Number NP0744094 My Commission Expires October 03, 2030 MAINTENANCE Travelers casualty and Surety Company of America BOND Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS: That we Rieth-Riles Construction Co., Inc. as Principal, and Tra-, elers Camilty and So retN Cornl)a.m of America a corporation organized and existing under the Laws of the State of connectient as Surety, are held and firmly bound unto Cits of South Bend as Obligee, in the total sum of Cane Hundred Seventy Four Thousand EightN Se%en and 11100 Dollars ( S 174.' OV.12 ) 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 2. 2021 for Lincoln WaN NNest and Olive Streetseapes ("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,(31 year(s) commencing on - September 18. 2022 - (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 NoNember Rieth-Rile% Construction Co., Inc. (Principal) By: Travelers Casualty and Surety Company of America By: Linda Diseenza Attorney -in -Fact TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company 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 (hereof in collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Linda Discenza 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 seats to be hereto affixed, this 21st day of April, 2021. _ J V Q ? corn ef®r State of Connecticut By: Robert L. Raney -Senior vice Presitlent City of Hartford as. 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 // �si�G MOIMr //JY/171WA I/Y My Commission expires the 30th day of June. 202E * �' °DLO ,rAnna 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 Attomeys-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 Uce 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 Attomeys-in-Fact and Agents pursuant to the power prescnbed 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-m- 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 of November • 2022 r/J i0 egans d C.+�� Kevin E. Hughes, Ass tant Secretary To verily the authentyc/ty of this Power ofAffomey, plea" ca// m at I-SX-471-3880. Please refer to the above -named Attomeys)-in-Fad and the details of the bond to which this PowerofAttomey is attacfied. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/12/2023 Name Kvle Ludlow Department Public Works BPW Date 04/25/2023 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 Lincoln Way West and Olive Streetscape 119-108 PROJ00000046 TIF River West PO-0009634 $1,849,784.74 Purpose/Description _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 ( %1