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HomeMy WebLinkAboutPCA - Campeau Street Streetscape - 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 October 22, 2024 Mr. Ruben Alvarado Rieth-Riley Construction Co., Inc. 25200 State Road 23 South Bend, IN 46614 ralvaradokrieth-rile,, RE: Project Completion Affidavit — Campeau Street Streetscape — Project No. 121-073 Dear Mr. Hilary: At its October 22, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $2,148,206.99. 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/hh 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 Campeau Street Streetsca e PROJECT NO 121-073 FINAL COST $2,148,206.99 CONTRACT SIGNED 11/8/2022 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION Streetscape and realignment of Campeau St, South Bend Ave, and Notre Dame Ave. 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 t e City of South Bend which were a part of the above Contract. Exec +3 6 ]tlri2 202 4 Rieth-Rile Construction Co., Inc. Company Name Signature 25200 State Road 23 Ruben Alvarado -Sales Manager Company Address Printed Name South Bend, N 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared Ruben Alavardo , and acknowledged his/her signature to the above Project Completion Affidavit on the 6 day of Tune 202 4 z�r� 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 Mana=r of said Corporation; that said release was duly signed for and on behalf of said Corpor0ion by Jthnrity of its governing body, and is within the scope of corporate powers: Se tary's Signature MCorporate 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. AIA Z-Z�61U. Date: 10/14/2024 Co traction Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vl�a Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member MINE Joseph R. Molnar, Vice President Briana Micou, Member �4 Attest: Theresa M. Heffner, Clerk Date: October 22, 2024 `d411Y iplry�! RACHA'EL M CZARNECKI 0�4? U+^% Not" Public, Ste10 of Indie ne -r 5lAL"•"= Marshall County * *$ Commission Number NP0744094 '•.,r�4a�tid�.`'- My Commission Expires October 03. 2030 Final Waiver of Lien State of Indiana, County of St. Joseph SS: Ruben Alvarado being duly sworn that he/she is the Sales Manager (Name of officer) (Tine} of Rieth-Riley Constution _. having contracted with City of South Bend (Contractor) (owner) to furnish certain materials and/or labor as follows; Road reconstruction & improvements (Description) for a project mown as Campeau Street (Name of Project) located at Campeau Street Citv of South Bend and owned by CitY of South Bend (Omer) and does hereby further state on the behalf of the Aforementioned subcontractor/supplier: (PARTIAL, WAMER) that there is due from the Contractor the sum of Dollars Q receipt of which is hereby acloxowlcdged; or Q the payment of which leas 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 sball be, effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the fmal balance due from the contractor is the sum of One hundred fiftv five thousand seven hundred twelve 34/100 $155,712.34 Q receipt ofwbich is hereby acknowledged; or ® the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shelf become effective only upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises any and all lions or claims whatsoever on the above -described property and improvements thereon au account of labor or material or both, furnished b the undersigned thereto sub' cot to limitations or conditions expressed herein, if any; and f€irther cortified t no other party has any claim or right to a lien on account of any work perfonned or material furnished to the undersigned for sa` oject, and it - the scope of this Affidavit and Waiver of Lien. Rieth-Rile Construction Co ' By (Firm) (Authorized Representative) STATE OF I.t DIANA � ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Ruben Alvarado and a"owledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WIRREOF, I.have hereunto subscribed my name and affixed my official seal on the 6 day of June 202 4 ! Notary Public signature My Commission Expires: 10/03/2030 Residing in Marshall County, Rachael Czarnecki Indiana Notary Public Name biACHAEI. M CZARNECKI o� °"`'�. f''� Notary Public, State of Indiana r; SEAL: a M Marshall County *'�,'a{ Commission Number NP0744094 111>t .� MY Commission Expires '''�rnnn����� Qctober pS, 2g30 MAINTENANCE Travelers Casualty and Surety Company of America BOND Hartford, CT 06183 Bond No.:107716318M KNOWN ALL BY THESE PRESENTS: That we Rieth-Riley Construction Co., Inc, , as Principal, and Travelers Casualty and Surety Companv 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, IN , as Obligee, in the total sum of Two Hundred_Thirty-One Thousand Five Hundred Twentv-Seven Thousand and 53/100--- U.S. Dollars ( $231,527.53 ) 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 October 25, 2022 for Campeau Street Streetscaue ("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 (three) year(s) from the date of completion and acceptance of the work performed under the Contract (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 7th I day of June , 2024 Rieth-Riley Construction Co., Inc. (Principal) B Y: (1�la aL � Travelers Casualty and Surety Company of America By: Colette R. Chisholm ­-, Attorney -in -Fact Travelers Casualty and Surety Company of America 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 Colette R Chisholm of UNIONDALE , New York , 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. tF7/.Pt;TY A&LAMM�,. . State of Connecticut City of Hartford ss. By: 4 ' 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 rx Anna P. Nowik, Notary Public 4MRR* 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 7th day of June 2024 �1�?y, 0,`�A4tY Rkp Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAftorney, ,Please call us at 1-800-421 3880. Please refer to the above -named Attorney(s) in -Fact and the details of die ,fond to which this Power ofAttorney is attached, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/14/2024 Name Kvle Ludlow Department Public Works BPW Date 03/12/2024 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 MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Campeau Street Streetscape 121-073 River West TIF PR-00019429 PO-0020079 $2,148,206.99 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