Rieth-Riley Construction Co., Inc/Eng/793,112.18/2016 PavingRieth-Riley Construction Co., Inc.
Engineering Department - 2016
Appropriation #94-650.04, 2Q16 COIT Bond Fund; P.O. #34014
Contract Not To Exceed $793,112.18
Jaa
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and Rieth-Riley Construction Co., Inc. an entity duly
authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
a
4,
PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 2016 COIT Bond funds. Vendor agrees to provide the Goods and Services and
to otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Seven Hundred Ninety Three Thousand One Hundred Twelve Dollars and
Eighteen Cents ($793,112.1'Q (the "Estimate"). Vendor shall submit an invoice to City no more than
once every thirty (30) days detailing the Goods and Services provided to City within such time
period. City shall pay Vendor -for such Goods and Services within sixty (60) days after the date of
City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and
Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are
submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor
has otherwise performed and satisfied all the terms and,conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
1► �%1ION:7_1011�'il
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and/or quotations regarding same as were provided to
Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of
Carmel Engineering Department Bid Proposal Package for "2016 Paving Project", received by the
City of Carmel Board of Public Works and Safety on or about July 20, 2016, all of which documents
are incorporated herein by reference, and that the Goods and Services will be delivered in a timely,
good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's
intended use and expressly warrants that the Goods and Services provided to City pursuant to this
Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for
their particular purpose.
1X:IConunclslProf.Sra R Goods SvcsTnginmring\2016Viiclh•RIIcy Conswclion Co., Inc. Goods & Scnicos FORM.doc:7/25/2016 10:21 AM]
Rieth-Riley Construction Co., Inc.
Engineering Department - 2016
Appropriation #94-650.04,2016 COIT Bond Fund; P.O. #34014
Contract Not To Exceed $793,112.18
TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such -insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but'not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
[SAConlmclslProf.Svcs & Goods SveslEnginecring@016%Rieth-Riley Constmctimt Co., Inc. Goods & Services FORMA -7202016 3:40 PK
Rieth-Riley Construction Co., Inc.
Engineering Department - 2016
Appropriation #94-650.04,2016 COIT Bond Fund; P.O. #34014_
Contract Not To Exceed $793,112.18
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders; rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E -VERIFY
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON -ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
[SACrn 1,.cls@roLSv & Goods Svcs\Enginccring12016\Riclh-Riley Construction Co., Inc. Goals & Scrvi= PORM.d=7202016 3:40 P6fl
Rieth-Riley Construction Co., Inc.
Engineering Department - 2016
Appropriation #94-650.04,2016 COIT Bond Fund; P.O. #34014
Contract Not To Exceed $793,112.18 .
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Rieth-Riley Construction Co., Inc.
1751 West Minnesota Street
Indianapolis, Indiana 46221
ATTENTION: Paul J. Tate
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. ,In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
[S:\COn1reel5\PInf.S,. & Goals Svc \Engineering@016\Ricth-Riley Construction Co., Lre. Goals & Savic s FORM.dm:7202016 3:40 PK
Rieth-Riley Construction Co., Inc.
Engineering Department - 2016
Appropriation #94-650.04, 2016 COIT Bond Fund; P.O. #34014
Contract Not To Exceed $793,112.18
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with "the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2016 and shall,
on the first, day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise'agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term -or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
[SAConlrnctstProF.Svc & Goals Svcs\Enguiccring\2016\Rieth-Riley Construction Co.. Inc. Goals & Services FORM.doc:7202016 3:40 PM]
Rieth-Riley Construction Co'., Inc.
Engineering Department - 2016
Appropriation #94-650.04.2016 COIT Bond Fund; P.O. #34014
Contract Not To Exceed $793,11,2.18
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
PresidingOfficer
rrg 3, 'Zo/
Mary Ann�urke, �be�
Dater /
Lori S. Watson, 'Member
Date:
ATTEST:
Rieth-Riley Construction Co., Inc.
Arized ign re � `
Paul J. Tate
Printed Name
Regional VP Central Indiana
Title
FID/TIN: 35-0918397
Last Four of SSN if Sole Proprietor:
Date: July 26, 2016
;5:`l ma.,:Wru,LsaskC...,I, ti,ti.;lin sarin>UIU;.iin4-Ril:q C.n�ary yum
C- M.'. G-1, &&z—FORMA-711W!016
6
BIDDER'S ITEVIIZED PROPOSAL
AND DECLARATIONS
City of Carmel
Instructions To Bidders:
This form shall be utilized by all Bidders. Except as otherwise specifically provided, all
Parts shall be fully and accurately filled in and completed and notarized.
Project: 2016 PAVING
Proposal For: 2016 Paving
Date: July 20, 2016
To: City of Carmel, Indiana, Board of Public Works and Safety
PART 2
BID PROPOSAL
2.1 Project Bid.
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform
and fulfill all obligations incident thereto in strict accordance with and within the
time(s) provided by the terms and conditions of the Contract Documents for the
above described project, including any and all addenda thereto, for the total sum of
Seven hundred ninety three thousand one hundred twelve and 18/100
Dollars ($ 793,112.18 ). The Bidder acknowledges that evaluation of
the lowest Bid shall be based on such price. The Bidder further understands that all
work which may result on the Contract shall be compensated for on a lump sum basis
and that the OWNER cannot and does not guarantee the amount or quantity of any
item of work to be performed or furnished under the Agreement.
ADDENDUM
BID TABULATION SHEET
Project Name: 2016 PAVING
Bid Date: July 20th, 2016 TOTAL
Substantial Completion Date: September 30th, 2016 AMOUNT: $ 793,112.18
Final Completion Date:
EM #
1
0i
DESCRIPTION
AET or AE 150 TAC
UNIT
QUANTITY
UNIT PRICE
AMOUNT
GAL
7,000
$ 0.10
$ 700.00
2
9.5 Type B Surface
TON
11,016
$ 50.00
$ 550,800.00
3
Milling/Perimeter Milling
Sq. Yd.
126,834
$ 1.77
$ 224,496.18
4
Blue Reflectors
EA.
90
$ 120.00
$ 10,800.00
5
6" White Crosswalk
L.F.
513
$ 2.00
$ 1,026.00
6
124" White Stopbars
L.F.
529
$ 10.00
$ 5,290.00
TOTALS
$ 793,112.18
EX IEF"
3 f3
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Each Occurrence Limit:
Statutory Limits
$1,000,000 each employee
$1,000,000 each accident
$1,000,000 policy limit
$6,000,000
$5,000,000
$5,000,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
. Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
EXH B IT D
AFFIDAVIT
Thomas W. Parten , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
Rieth-Riley Construction Co., Inc. (the "Employer")
in the position of Sales Manager
3. 1 am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E -Verify program. Documentation
of this enrollment and participation is attached and incorporated herein.
The Employer does not knowingly employ any unauthorized aliens.
To the best of my information and belief, the Employer does not currently employ any
unauthorized aliens.
7. FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 20th day of
Printed: Thomas W. Parten
20 16.
I certify under the penalties for perjury under- the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: Thomas W. Parten
Received
7-20-16P02:33 RCVD
City of Carmel
Department of Law
LETTER OF TRANSMITTAL
Date: July 20, 2016
To: Doug Haney
Department of Law
From: Jeremy Kashman '—
Department of Engineering
RE: Rieth-Riley Construction Co., Inc.
A Goods and Services contract is needed for Rieth-Riley Construction Co., Inc. for the August 3`d BPW
meeting, please.
Attached please find Rieth-Riley's scope of work and purchase order.
Contract Information:
Project Name #16 -ENG -95; 2016 Paving
Repairs
Vendor:
Rieth-Riley Construction Co., Inc.
Amount:
$793,112.18
Appropriation:
P.O. 34014; 2016 COIT Bond
Signature:
Paul J. Tate
Address:
1751 West Minnesota Street
Indianapolis, IN 46221
Phone:
317/634-5561
Email:
ptate(aD-riethriley. com
`#;
PROPOSAL PACKAGE
FOR
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS
BOARD OF PUBLIC WORKS AND SAFETY
PROJECT: 2016 PAVING
BIDDER SHALL RETURN THIS
ORIGINAL PROPOSAL AND ONE (1) COPY
OF THE ENTIRE PROPOSAL PACKAGE WITH BID
IF THERE ARE ANY QUESTIONS CONCERNING THE CONTRACT
DOCUMENTS, PLEASE CONTACT
DAVE HUFFVIAN AT 733-2001
PART 1
BIDDER INFORMATION
(Please Type or Print)
1.1 Bidder Name: Rieth-Riley Construction Co., Inc.
1.2 Bidder Address: Street Address: 1751 W. Minnesota street
City: Indianapolis State:
Phone #: ( ) 317-634-5561
IN Zip: 46221
Fax #: ( ) 317-631-6423
1.3 Bidder is a/an [mark one]:
Individual Partnership x Indiana Corporation;
Foreign (Out of State) Corporation; State: ;
Joint Venture Other:
1.4 [The following must be answered if the Bidder or any of its partners or joint
venture parties is a foreign corporation. Note: To do business in or with the City of
Carmel, Indiana, foreign corporations must register with the Secretary of the State of
Indiana as required by the Indiana General Corporation Act as stated therein and
expressed in the Attorney General's Opinion #2, dated January 23, 1958.]
.1 Corporation Name:
.2 Address:
.3
Im
Date registered with State of Indiana:
Indiana Registered Agent:
Name:
Address:
WM
CONTRACT DOCUMENTS AND ADDENDA
3.1 The Bidder agrees to be bound by the terms and provisions of all Contract
Documents as defined in the Agreement attached hereto and incorporates such
Contract Documents herein by reference.
3.2 The Bidder acknowledges receipt of the following addenda:
ADDENDUM DATE
NUMBER
1 7/15/16
2
7/1
3 7/18/16
PART 4
EXCEPTIONS
Instructions To Bidders:
4.1 The Bidder shall fully state each exception taken to the specifications or other
Contract Documents in Section 4.3 of this Part.
4.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER
to be a material qualification or variance from the terms of the Contract
Documents may result in this Bid being rejected as non-responsive.
4.3 Exceptions:
None
PART 5
FWAINCIAL STATEMENT
Attachment of Bidder's financial statement is mandatory. Any Bid submitted without
said financial statement as required by statute shall thereby be rendered invalid. The
financial statement provided hereunder to OWNER must be specific enough in detail so
that OWNER can make a proper determination of the Bidder's capability for completing
the project if awarded.
PART 6
ADDITIONAL DECLARATIONS
6.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws
of the United States and the State of Indiana prohibiting the discrimination against
any employee or applicant for employment or subcontract work in the
performance of the work contemplated by the Agreement with respect to hire,
tenure, terms, conditions, or privileges of employment or any matter directly or
indirectly related to employment or subcontracting because of race, religion, color,
sex, handicap, national origin, ancestiy, age, disabled veteran status or Vietnam
era veteran status. The City of Carmel reserves the right to collect a penalty as
provided in IC 5-16-6-1 for any person so discriminated against.
PART 7
NON -COLLUSION AFFIDAVIT
The individual person(s) executing this Bid proposal, being first duly sworn, depose(s)
and state(s) that the Bidder has not directly or indirectly entered into a combination,
collusion, undertaking or agreement with any other Bidder or person (i) relative to the
price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from
bidding, or (iii) to induce a person _to refrain from Bidding; and furthermore, this Bid
proposal is made and submitted to
reference to any other bids and without
agreement, understanding or combination, either directly or indirectly, with any persons
with reference to such bidding in any way or manner whatsoever.
SIGNATURES
(Signature by or on behalf of the Bidder in the spaces provided below shall constitute
execution of each and every Part of this itemized proposal and declarations document.
SIGNATURE MUST BE PROPERLY NOTARIZED.I
Bidders Name: Rieth-Riley Construction Co., Inc.
Written Signature: f
Printed Name: Thomas W. Parten
Title: Sales Manager
Important - Notary Signature and Seal Required in the Space Below
STATE OF Indiana
]Erin B. Newlin
COUNTY OF Marion Notary Public
Seal
Subscribed and sworn to before nT this 20th ref jnd1b
20 16 Hamilton Cunt
1VIy commission expires: 6-17-17 I MY aBx -1
Residing in Hamilton
Printed: Erin B. Newlin
County, State of Indiana
KNOW ALL MEN BY THESE PRESENTS,
No. 1029
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
That we, gieth-Riley Construction Co., Inc. , as Principal,
hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford,
Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the
Surety, are held and firmly bound unto City of Carmel , as Obligee,
hereinafter called the Obligee, in the sum of Ten percent bid dollars Dollars
($—IQ L. bid -dol., for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents_
WHEREAS, the Principal has submitted a bid for
201.6 Paving
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such, or in the event of the failure of
the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee
may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null
and void, otherwise to remain in full force and effect.
Signed and sealed this 20th day of July 2016
Rieth-Riley Construction Co., Inc.
Kevin A. Tussey (witness) (Principal) (Seal)
Assistant Secretary—�
(Name x Title) Thomas W. Parten; Sales M4nager
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Witness Samantha Chierici
B
Sandra M. Nowak, Attorney -in -Fact
ACKNOWLEDGEMENT BY SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this day of JA— o��% , before me, Diane M.
O'Leary, a Notary Public, wA in and for said County and State, personally
appeared Sandra M. Nowak to me personally known to be the Attorney -in -
Fact of and for Travelers Casualty and Surety Company of America and
acknowledged that she executed the said instrument as the free act and deed
of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the aforesaid County, the day and year in this
certificate first above written.
eFel15� SEAL
Notary Public in the State of Illinois
DIANE M O'IEARY
NOTARY PUBLIC, STATE OF ILLINOIS
County of Cook
MY COMMISSION EXPIRES
JANUARY 4, 2017
THE RED
POWER OF ATTORNEY
TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 229936 Certificate No. 006441350
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Debra J. Doyle, Diane M. O'Leary, James B. McTaggart, Jennifer L. Jakaitis, Judith A. Lucky-Eftimov, Sandra M. Winsted, Sandra M. Nowak,
Susan A. Welsh, and Christina L Sandoval
of the City of Chicago , State of Illinois , their true and lawful Attome s -rn-Fact,
YO•
each in their separate capacity if more than one is named above, 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 peunitted:in any actions or: proceedings allowed by law.
17th
IN WITN SS W�H�EEREOF, the Com have caused this instrument- to, be sign&and their corporate seals to be hereto affixed, this
September �, ;+1 .� .• r`,�w
day of
Farmington Casualty Company' .• �' meati?,}t 1 St. Paul Mercury Insurance Company
surance"Companyly Travelers Casualty and Surety Company
Fidelity and Guaranty In
Fidelity and Guaranty Insurance±Underwrit rs, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
2 pASU,���A p9NTY� JyE6C,�.SE
''1NSUq'.•.�TY ANp�.''�s4'i -of a NACONN. ,aCONN. no SEAL'14-r g.......:
State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, enior Vice President
17th September 2015
On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
epo�_OX10917%
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. MarieC. Tetreault, Notary Public
58440-8-12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013)
i
Rieth-Riley Construction Co., Inc.
1751 W. Minnesota Street
Indianapolis, IN 46221
•11
(Contractor)
PUBLIC WORKS PROJECTS
OF
City of Carmel
Filed
Action taken
(Address)
tie sr��
CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96
+� State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013)
Prescribed by State Board of Accounts
rme
PART
(To be completed for all bids. Please type or print)
Date (month, day, year): July 20, 2016
1. Governmental Unit (Owner): City of Carmel
2. County: Hamilton
3. Bidder (Firm): Rieth-Riley Construction Co., Inc.
Address: 1751 W. Minnesota Street
City/State/ZlPcode: Indianapolis, IN 46221
4. Telephone Number: 317-634-5561
5. Agent of Bidder (if applicable): N/A
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of 2016 Project
(Governmental Unit) in accordance with plans and specifications prepared by
and dated
see proposal forms
for the sum of
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the
notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the
notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as
that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a separate attachment.
The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee,
or applicant for employment, to be employed in the performance of this contract, with respect to any matter
directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory
obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
The above bid ,is accepted this
following conditions:
Contracting Authority Members:
ACCEPTANCE
day of , subject to the
PART 11
(For projects of $150,000 or more — IC 36-1-12-4)
Governmental Unit: City of Carmel
Bidder (Firm) . Rieth-Riley Construction Co., .Inc.
Date (month, day, year): July 20, 2016
These statements to be submitted under.oath by each bidder with and as a part of his bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Name and Address of Owner
4,591,418.00
Heavy, Highway
2015
City of Indianapolis
11,864,708.00
Heavy, Highway
2015
INDOT, Indianapolis, IN
9,865,271.00
Heavy, Highway
2015
INDOT, Indianapolis, IN
7,773,707.00
Heavy, Highway
2015
INDOT, Indianapolis, IN
2. What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
Expected
Completion
Date
Name and Address of Owner
10,796,006.00
Heavy, Highway
2016
INDOT, Indianapolis, IN
64,230,201.00
Heavy, Highway
2016
INDOT, Indianapolis, IN
28,915,144.00
Heavy, Highway
2016
INDOT, Indianapolis, IN
4,416,000.00
Heavy, Highway
2015
INDOT, Indianapolis, IN
3. Have you ever failed to complete any work awarded to you? No If so, where and why?
4. List references from private firms for which you have performed work.
Hunt Construction Group, Inc
Duke Construction, LP, Indianapolis, IN
Pepper Construction Company of Indiana, Indianapolis, IN
Browning Construction, LLC
Prologis, Indianapolis, IN
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which you
believe would enable the governmental unit to consider your bid.)
As per plans and specifications
2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm
who have performed part of the work) that you have used on public works projects during the past five (5)
years along with a brief description of the work done by each subcontractor.
See attached Exhibit A
EXHIBIT "A"
Striping and Signage
Otto's Parking Marking Co., Inc. Gridlock Traffic Systems, Inc.
2449 East Main Street 6400 Massachusetts Ave.
Greenwood, IN 46143 Indianapolis, IN 46226
RoadSafe Traffic Systems, Inc. Highway Safety Services, Inc.
3519 Harding Street 3215 Imperial Parkway
Indianapolis, IN 46217 Lafayette, IN 47909
Seed / Sod / Erosion Control
Earth Images, Inc. Slusser's Green Thumb, Inc.
3471 W. County Line Road, Ste. B. 125 Montgomery Street
Greenwood, IN 46142 Logansport, IN 46947-0033
Guardrail
C -Tech Corporation James H. Drew Corporation
5300 West 100 North 8701 Zionsville Road
Boggstown, IN 46110 Indianapolis, IN 46268
Specialties Company, LLC
9350 East 30`x' Street
Indianapolis, IN 46229
Electrical
James H. Drew Corporation The Hoosier Company
8701 Zionsville Road 5421 West 86h Street
Indianapolis, IN 46268 Indianapolis, IN 46268
Signal Construction, Inc. T.C. Electric, Inc.
5639 West US 40 2817 W 100 S
Greenfield, IN 46140 Franklin, IN 46131
Milling
Javelina Construction, Inc. Mid-America Milling Co., Inc.
13476 Britton Park Drive 2227-A Koetter Drive
Fishers, IN 46038 Clarksville, IN 47129
McCrite Milling & Construction Co., Inc. Specialties Company, LLC
209 Quality Court, Ste. 8 9350 East 301" Street
New Albany, IN 47150 Indianapolis, IN 46229
Grading
Denger Grading, Inc. Gradex, Inc
3266 East 100 North 12900 N. Meridian St
Lebanon, IN 46052 Carmel, IN 46032
Engineering
USI Consultants, Inc. Certified Engineering, Inc.
8415 East 56`h Street 3933 Millersville Road
Indianapolis, IN 46216 Indianapolis, IN 46205-3850
SurveyTech P.C.
7172 N. Keystone Ave, Unit J
Indianapolis, IN 46240
Roudebush Grading Inc.
17155 Harger Ct
Noblesville, IN 46060
3. If you intend to sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However, if you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuing obligation to
immediately notify the governmental unit in the event that you subsequently determine that you will use a
subcontractor on the proposed project.
4. What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
As required for specified items of work.
Have you entered into contracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed.
No.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to
the governing body awarding the contract must be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
Contractor's Financial statement
Submitted b Rieth-Riley Construction Co. Inc. ® ACorporation
Y -- —_-- _ — — ❑ A Co-pannership
with principal office at
3626 Elkhart Road, P.O. Box 477, Goshen, IN 46527-0477 ❑ An Individual
To Citv of Carmel
Condition at close of business March 31, 2016
ASSETS
Dollars
Cis,
1. Cash: (a) On hand
(b) In bank4
•-----------
---
3
2
7
3
9
6
9
(c) Elsewhere ----------------------------- •----...---•...................--------------------------------------------
2. Notes receivable (a) Due within 90 days
(b) Due after 90 days0
................................................. -•--------------------•-.....................
(c) Past due0
...................................... ......................... -...... .......................... ...............
......
...
.....
_...
3. Accounts receivable from completed contracts, exclusive of claims not approved for payment
7
7
.._.......
6
9
2
......
6
4. Sums earned on uncompleted contracts as shown by engineer's or architect's estimate
(a) Amount receivable after deducting retainage ------------------•-------------------------
3
3
- ..........
7
0
6
4
8
6
(b) Retainage to date; due upon completion of contracts ...............................
1
1
4
7
0
9
3
9
5. Accounts receivable from sources other than construction contracts ---------------- -----------------------------------------
----•--•-•-•---------
0
6. Deposits for bids or other guarantees: (a) Recoverable within 90 days .......................
0
(b) Recoverable after 90 days .......................................................................
. .......
--
0
7. Interest accrued on loans, securities, etc. O .................................................
.
.......................-..
8. Real estate: (a) Used for business purposes3
............................................................
1
6
1
5
2
_...
6
_._....._....
7
(b) Not used for business purposes
9. Stocks and bonds: (a) Listed — present market value
0
(b) Unlisted — present value ........... ....................-•-•--.....................................
......_......_......._.._..............
0
10. Materials in stock not included in Item 4 (a) For uncompleted contract (present value) ..................•----•-•---------•----...
.
1
8
6
5
9
_......._
4
.... .
(b) Other materials (present value) ----•------••-•-----_-----------------------
7
.
6
9
0
1
0
8
7
11. Equipment, book value
3
3
4
3
9
5
2
0
12. Furniture and fixtures, book value --•------- ......
........................................
6-..
7.....4
13. Other assets _ ....
- - -.............................................
3
_4
5
.2..
0
1
_$..
.5...
...........
_5...__._....
4
Total assets
27
7
8
6
0
8
2
2
......: .
LIABILITIES
1. Notes payable: (a) To banks regular•-•-•......-- ..........---------------------------------------------------------------1
..
3
9 ..
4 _
1
9
5
5
(b) To banks for certified checks .--•-- -----------------•--------------------------------•--.-..-
0
(c) To others for equipment obligations
0
(d) To others exclusive of equipment obligations
0
2. Accounts payable: (a) Not past due ..............
2
6
2
2
6
7
9
9
(b) Past due -------•---------------- ----------------------------•-------•------•----..._.....--•----•---•-_..
0
3. Real estate encumbrances0
.......... -------------- -------------------------------------------------..........................................._..................................
4. Other liabilities4
----------�-----._....---•..................•--.__......._..-•-------------------------._...............__.................................................
._...........
9
8
._...................
0
2
3
2
_
0
5. Reserves.......................................................................................................•-•-----------
0 .
__..,.
6. Capital stock paid up: (a) Common
1
2
6
5
0
0
(b) Common - treasury. - -
(6
8
6
7
2
7
9
3)
(c) Preferred0
............... -.......................................................................................
(d) Preferred Accumulated Other Comprehensive Loss - ..
.......................
(1
5
1
9
5
3
1)
7. Surplus (net worth).........................................•---•----•-....................------------------.....- ..._.........
25
7
9
5
5
5
7
2
Total liabilities
27
7
8
6
0
8
2
2
CONTINGENT LIABILITIES
1. Liability on notes receivable, discounted or sold -•-••----------------------------------------................................._....................................
0
2. Liability on accounts receivable, pledged, assigned or sold0
................... .•................. -------------------- .....................................
3. Liability as bondsman
0
4. Liability as guarantor on contracts or on accounts of others
0
5. Other contingent liabilities Letters of credit on..Self-insured liability insurance: involvement in19int venture, and vat ous local governments
..........I _..-............
3
4
2
5
0
0
0
Total contingent liabilities
3
4
2
5
0
0
0
Brian A. Inniger, as Vice -President of Finance/Administration of Rieth Riley Construction Co., Inc. hereby declares that the foregoing
"Contractor's Financial Statement" is a true and accurate statement of the financial condition of said Corpor 'ion as of the date thereof.
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
Dated at Indianapolis this 20th day of July , 2016
Rieth-Riley Construction Co., Inc.
(Name of
By.
Thomas W. Parten, Sales Manager
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana )
) ss
COUNTY OF Marion
Before me, a Notary Public, personally appeared the above-named
Thomas W. Parten and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 20th day of July 2016
My Commission Expires: June 17, 2017
County of Residence: Hamilton
Notal Pub* Notary Publ c
Seal
State of Indiana
Hamilton County
My Comm. Exp 06-17-2017