HomeMy WebLinkAboutPCA - 2022 Contractor Paving, Round III Proj No. 122-048 - Rieth-Riley Construction1316 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
November 14, 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 — 2022 Contractor Paving, Round III
Project No. 122-048
Dear Mr. Alvarado:
At its November 14, 2023 meeting, the Board of Public Works approved the Project
Completion Affidavit for this project in the amount of $2,419,480.43.
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 ALEXANDRA DOLZ-LANE MURRAY L. MILLER
CITY OF SOUTH BEND, INDIANA Ae Q
BOARD OF PUBLIC WORKS
PROJECT COMPLETION AFFIDAVIT
PROJECT NAME 2022 Contractor Paving, Round 3
PROJECT NO 122-048 FINAL COST $2,419,480.43
CONTRACT SIGNED 11/8/2022 MAINTENANCE AGREEMENT ENDS
Pavement updates along Miami St between Calvert St and Ireland Rd, and Sample St
PROJECT DESCRIPTION between Bendix Dr and Illinois St.
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.
Execs thi, cl,�v of 202 :5 Rieth-Riley Construction Co., Inc.
j/ (/ Company Name
Signature 25200 State Road 23
Ruben Alvarado, Sales Manager
Printed Name
WITNESSESS:
Company Address
South Bend, IN 46614
City, State, Zip .
���u�uuq...
`�.% �rav �►� �.RACMAEL M C2AR-N
f.a� % Notary Public, State of Indiana
Before me,t1� vary a and reoigned Notary Public in and for said country and state, personally ap EAL;"T Marshall County
Ruben Al c� _,�e;�.� *: Commission Number NP0744094
, and acknowledged his/her signature to the above Project Completi y4s'�t��oon My Comrnlsalon Expires
October03, 2030
�ofday +—, 202_.
Notary Signature My Commission Expires 10/03/2030
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 Manaizer of said Corporation; that said release was duly signed for and on behalf of said
Corpor on by Aullority of its governing body, and is within the scope of corporate powers:
Secretary's Sijp-dt6re
Corporate Seal
Matt Hostetler
Printed Name
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: 11 /2/2023
Co uction Manager
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
tjlLa "�-rt
Elizabeth A. Maradik, President Joseph R. Molnar, Vice President
Gary A. Gilot, Member Alexandra
Dolz-Lane, Member
Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk
Date: November 14.2023
Final Waiver of Lien
State ofludiana, County of St. Joseph SS.
Ruben Alvarado being duly swom that he/she is the Sales Manager
(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: Roadway Reconstruction
(Description)
for a project known as 122-048 2022 Contractor Paving Round III
(Name of Project)
located at Various SAtreets in the City of South Bend
and owned by City of South Bend
(Owner)
and does hereby further state on the behalf ofthe aforementioned subcontractor/supplier:
(PARTIAL WAWER) that there is due from the Contractor the sum of
Dollars A
❑ receipt of which is hereby acluiowledged; 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 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
one hundred twentv thousand nine hundred sevent four 2/100 ) $120,9,74.02
❑ 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 t eteon a0 account of labor or material or bath, furnished b the undersigned
thereto, subject to limitations or couditions expressed herein, if any; and further certified thatno other party has any claim or right to a
lien on account of any work performed or material famished to the ulndersigned for said project, and within the scope of this Affidavit
and Waiver of Lim
Rieth- Riley Construciion Co., I'nc By . ........... tojet ojtu
(Firm) (Authorized Represontative)
STATE OF 1NDIANA )
) SS:
ST. JOSEPH COUNTY )
Before one, 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 official seal on the
--hl day of
2023 a� Q O�n—ze/ t.
Notary Public Signaturd
My Commission Expires: 10/03/2030
eel
Residing in Marshall County, Indiana �,.��``gY'p''��.,, RACHAEL M CM
Notary public, State of r"ndian4
';;SEAL.; "E Marshall County
Commission Number NP07"094
���P,p�`` My Comrnisslon Expires
_ �Aly11nak\\� October03.2030
zarnecki
Name
MAINTENANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
Bond No.: 107860834
KNOWN ALL BY THESE PRESENTS: That we Rieth-Riley Construction Co., Inc. I
as Principal, and Travelers Casually and Surety 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 , as Obligee, in
the total sure of Two Hundred Fortv One Thousand Nine Hundred -Forty Dollars and 04/ ight E a I 00
Dollars ( $241,948.04 _) 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 November 8, 2022
for Project #122-048 2022 Contractor Paving Round 3
"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 August 30, 2023 -(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
,�eemed 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 31st day of August J 2023
Rieth-Riley Construction Co., Inc.
(Principal)
By:
Travelers Casualty and Surety Company of America
By:
Linda Discenza Attorney -in -Fact
Travelers Casualty and Surety Company of America
A" Travelers Casualty and Surety Company
TRAVELERSJ 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 Linda Discenza of
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 seals to be hereto affixed, this 21st day of April,
2021,
State of Connecticut
By:
City of Hartford ss. 'Robert L. Ram', enior Vice President
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.
My Commission expires the 30th day of June, 2026
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.
1, 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 31 st day of August 1 2023 ,
e
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorneys) -in -fact and the details of the bond to which this Power ofAttorney is attached.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11/2/2023
Name Kvle Ludlow Department Public Works
BPW Date 11/14/2023 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
2022 Contractor Paving Round III
122-048
River West TIF, Southside TIF
PR-00017693 PO-0020502
$2,419,480.43
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