Loading...
HomeMy WebLinkAboutPCA - 2023 Contractor Paving Round I Proj No. 123-021 - 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 March 12, 2024 Mr. Ruben Alvarado Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 ralvarado &rieth-riley. com RE: Project Completion Affidavit — 2023 Contractor Paving, Round I — Project No. 123-021 Dear Mr. Alvarado: At its March 12, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $1,145,055.29. 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 MURRAY L. MILLER BRIANA N. MIcou CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME 2023 Contractor Paving Round 1 PROJECT NO 123-021 FINAL COST $1,145,055.29 CONTRACT SIGNED 4/25/2023 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION ADA ramp replacements and HMA paving of various streets throughout South Bend. 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 this 4 day of January 2024 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: 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 4 day of January , 2024 Notary Signature My Commission Expires Rachael Czarnecki Printed Name County of Residence If the Contractor is a corporation, the following certificate will be executed. 10/03/2030 Marshall 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 Ma a er of said Corporation; that said release was duly signed for and on behalf of said Co oration by thority of its governing body, and is within the scope of corporate powers: RACHAEL M CZARNECKI ecretary s Sign ture ti�t:Y P;'m''c Notary Public, State of Indiana a o; ��- ==�SEAL�°" Marshall County Corporate Seal .Matt Hosterler �*�• ,•* Commisafon Number NP0744094 ;, oy••"r ��` My Commission Expires Printed Name ''>>„b inNr`O October03, 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. 1<141A-7 „ _a u'- Date: 1 /22/2024 Co ction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS taL (4 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member 7)'Z , I: Murray L. Miller, Member Briana Micou, Member �4 Attest: Theresa M. Heffner, Clerk Date: March 12, 2024 Final Waiver of Lien State ofIndiana, County of St. Joseph SS: Ruben Alvarado being duty sworn 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 ceitain materials and/or labor as follows; Roadwa Reconstruction description} for a project known as 123-021 2023 Contractor Paving Round 1 (Name of Project) located at Various Streets in the City of South Bend and owned by Citv of South Bend (owner) and doss hereby further state on the behalf of'the aforementioned subcontractor/supplier: (PARTIAL WAMER) that thorn is due from the Contractor the sum of Dollars $ , ❑ receipt of which is hereby acluiowledged; ,or [l the payment of which lies 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 sball 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 Fifity seven thousand two hundred fifty two 76/100 ) 57,252,.76_.Yr 0 receipt of which is hereby acknowledged; or 2 thepayment of which has been promised as the sale 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 bath, furnished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certified that no other puty has any claim or right to a lien on account of any work perfonned or material furnished to the undersigned for so' project, and within the scope of this Affidavit and Waiver of Lien. Rieth-Riley Construction co., INC By Erna (Authorized Representative) STATE OF IMMNA. ) } 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 nay official seal on the 4 day of f anuary 2024 Notary public Signature Noy Commission Expires; 10/03/30 Residing in Marshall County, Indiana Rachael Czarnecki Notary Publio Name ``\��tttu►rr��y, RACHAEL M CZARNECKI p�'0 ,- oA...� Notary Public, State of Indiana `-;SEAL -f'' Marshall County * •, ; *: ''• ••° `` Commission Number NP0744094 My Commission Expires ��nrrint�� October 03, 2030 MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.: 107860835 KNOWN ALL BY THESE PRESENTS: That we Rieth-Riley Construction Co., Inc. , as Principal, and Travelers Casualty 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 SU m Of One Hundred Fourteen Thousand Five Hundred Five Dollars and 53/100 Dollars ( $114,505.53 ) 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 April 27,2023 for Proiect #123-048 2023 Contractor Paving Round I ("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 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 11th day of January 2024 Rieth-Riley Construction Co., Inc. (Principal) By: Ita a Travelers Casualty and Surety Company of America P By. Linda Discenza , A torney-in-Fact Travelers Casualty and Surety Company of Ameeica 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 Linda Discenza of CLEVELAND 1 Ohio , their true and lawful Attorneys) -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. 1 State of Connecticut City of Hartford ss. By: Robert L. Rane 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 1 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 moree 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 Attomeys-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 1 1th day of January 2024 .0 Kevin E. Hughes, Assittant Secretary 710 verify the authenticity of this Power ofAttorney, itorney, please call as at 1 -800-421 -3880. Please refer to the arrive -named A tturney(s) -in-Fact and the details of the bond to which this Po wer of A ttorney is attached, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/26/2024 Name Kvle Ludlow Department Public Works BPW Date 3/12/2024 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 E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 2023 Contractor Paving Round 1 123-021 River West TIF, Southside TIF, West Washington TIF PROJ- 00023513 PO-0023414 $1,145,055.29 Purpose/Description 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