Rieth-Riley Construction Co Inc~ity of Carmel '
· '.~4~0z Paving Program
- APPROVED AS TO
AGREEMENT FOR PURCHASE OF GOODS AND SEFR%CP~ESBY: ~
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby
made and entered into by and between the City of Carreel, Indiana, acting by and through its Board of
Public Works and Safety, ("City") and ~!~7-~ct~?Zn co., ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its
execution of same and/or its provision of any goods and/or services ("Goods and Service")
hereunder shah constitute Vendor's acceptance of all of the Agreement 's terms and conditions.
PERFORMANCE:
City agrees to purchase the Goods and Services described in attached Exhibit A, which is
incorporated herein by this reference, and Vendor agrees to provide same and to otherwise perform
the requirements of this Agreement and to execute its responsibilities hereunder by following and
applying at all times the highest professional and technical guidelines and standards.
PRICE AND PAYMENT TERMS:
The total price for the Goods and Services contemplated herein shall be no more than
$ 622,502.75. Vendor shah 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 thirty (30) days a~er 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 accordance with the specifications set forth in Exhibit A. Vendor has otherwise performed and
satisfied all the terms and conditions of this Agreement. Subject to the above, if the undisputed
invoice amount is not paid within thirty (30) days of its receipt by City, Vendor shall so notify City.
If such amount as is not disputed is not thereafter paid within ten (10) business days from the date
such notice is received by City, then a late charge in a sam equal to one percent (1%) of such
unpaid and undisputed invoice amount shall accrue and be immediately due and payable by City to
Vendor as a separate debt for each month it remains unpaid. In the event an invoice amount is
disputed, City shall so notif~ Vendor. If such dispute is not resolved to City's satisfaction within
ten (10) business days after notice of such dispute is given, City shall pay such amount as is in
dispute, under protest, into the Carreel City Court, which court shall hold such monies until
provided with a settlement agreement signed by both parties hereto or a final judgment has been
entered thereon.
· ~i~y of Csrrnel
2900 'Paving Program
WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
the specifications, drawings, samples, instructions, directions and/or descriptions thereof furnished
to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be
delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor
acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services covered by this Agreement have been selected and provided by Vendor based upon City's
stated .use and will be fit and sufficient for the particular purposes intended by City.
TIME AND PERFORMANCE:
This Agreement shah 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.
PRICE TERMS:
All of the prices, terms and warranties granted by Vendor herein are at least as favorable to City as
those offered by Vendor to other customers purchasing the same or similar Goods and Services
under the same material terms and conditions.
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. Prior to and with the delivery of the Goods and
Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice
(including appropriate labels on contanners and packing) of any hazardous material utilized in or
that is a part of Goods and Services.
FORCE MAJEURE:
Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to
the extent, that it is caused by an event or occurrence beyond the reasonable control of the party
and without its fault or negligence, such as, by way of example and not by way of limitation, acts of
God, actions by any governmental authority (whether valid or invalid), court injunction, fires,
floods, windstorms, explosions, riots, natural disasters, wars or sabotage; provided that notice of
such delay (including the anticipated duration thereo0 is given by the affected party to the other
party within five (5) business days afler discovery of the cause of such delay. During the period of
such delay or failure to perform by Vendor, City, at its sole option, may purchase some or all of the
same or s'milar Goods and Services from other sources and reduce those Goods and Services
provided by Vendor hereunder by such quantity, without liability to Vendor, or have Vendor
provide the Goods and Services from other sources in quantities and at times requested by City and
at the price set forth in this Agreement.
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 fa'ils 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
C~ty of Csrmel
-~00~ PaVing Program
10.
lh
Vendor's sole cost and expense. Vendor shall indemnify and hold hannless City from and against
any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney fees
incurred by City in connection with any such lien and/or the removal thereof. This indemnification
obligation shall survive the termination of this Agreement.
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) falls 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, files, or has filed
against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a general
assignment for the benefit of creditors or, if Vendor is a partnership or corporation, dissolves, each
such event constituting an event of default hereunder, City shall have the fight to (1) terminate all
or any parts of this Agreement, without liability to Vendor; (2) obtain, upon such terms and in such
manner as City deems appropriate in its sole discretion, the same or similar Goods and Services
which were to be provided to City by Vendor, and Vendor shall he liable to City for any excess
costs of the City in obtaining same; and (3) exercise any other rights or remedies as are available to
City at law and/or in equity.
INSURANCE AND INDEMNIFICATION:
Vendor shah 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 and reasonably acceptable to City. such
insurance as is necessary for the protection of City and Vendor from any and all claims for damages
or otherwise 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 and all of Vendor's agents, officers, employees, contractors, subcontractors
and other persons; because of any injury to or destruction of property, including, but not limited to,
loss of use resulting therefrom; or, otherwise. The coverage amounts shall be no less than those
amounts set forth in attached Exhibit C, which is incorporated herein by this reference. Vendor
shall cause its insurers to name City as an additional insured on all insurance policies, shah promptly
provide City, upon request, with copies of all such policies, and shall provide that such insurance
policies shall not he canceled without thirty (30) days prior notice to City. Vendor shall indemnify
and hold harmless City tiom 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, Vendor's use of City property, or otherwise, except for such
liabilities, claims or demands that arise directly and solely out of the negligence of City. 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, subcontractors and other persons in the
performance of this Agreement, or otherwise. These indenmification obligations shall survive the
termination of this Agreement.
City of Cannel
2000 PaVing Program
12.
13.
14.
SETOFF:
In addition to any right of setoffprovided by hw, all amounts due Vendor shall be considered net
of indebtedness of Vendor to City; and City may deduct any amounts due or to become due from
Vendor to City from any sums due or to become due from City to Vendor hereunder.
GOVERNlVlENT COMPLIANCE:
Vendor agrees to comply with all present and future federal, state and local laws, executive orders,
rules, regulations, codes and ordinances 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, codes and
ordinances. This indemnification obligation shah survive the termination of this Agreement.
NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors,
subcontractors and other persons shall comply with all existing and future 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 the hire, tenure, terms, conditions or privileges of employment and to
any other matter directly or indirectly related to employment or subcontracting because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam
era veteran status. City reserves the fight to collect a penalty as provided in IC 5-16-6-1 for any
person so discriminated against.
15. NO IMPLIED WAIVER:
The failure of either party at any time to require performance by the other of any provision of this
Agreement shall in no way affect the fight of such party to require such performance at any time
therea2aer, 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 thereof.
16. 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.
17.
18.
RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all
of its officers, employees, contractors, subcontractors, agents and other persons are not and shall
not become employees of City, and the sole responsibility to pay to or for same all statutory,
contractual and other benefits shall remain exclusively with Vendor. The contract price set forth
herein to be paid hereunder by City to Vendor shall be the full and maximam compensation and
monies required of City to be paid to Vendor under or pursuant to this Agreement.
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 further agree that, in the event a
lawsuit is filed hereunder, they waive any fights to a jury trial they may have, agree to file any such
lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the
City of Carmel
?000.Psv~ng Program
19.
20.
21.
22.
appropriate venue for and has jurisdiction over same.
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 such statute, regulation, ordinance, order or rule, and the
remaining provisions of this Agreement shall remain in full force and effect.
NOTICE:
Subject to paragraph 21 hereinbelow, 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
One Civic Square
Cannel, Indiana 46032
ATTN: David Klingensmith
(with a copy to City Attorney,
One Civic Square, Cannel, IN 46032)
If to Vendor:
Rieth-Riley Construction Co., Inc.
1751W. Minnesota St. P.O. Box 276
Indianapolis, IN 46206
ATTN: David F. Solmos, Sales Manager
Notwithstanding the above, notice of termination under paragraph 21 hereinbelow shah be effective
if given orally, as long as written notice is then provided as set forth hereinabove within three (3)
days from the date of such oral notice.
TERMINATION:
21.1 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 to pay for the Goods
and Services to be provided hereunder. In the event of such termination, Vendor shah be
entitled to receive only payment for the undisputed invoice amount representing conforming
Goods and Sen, ices delivered as of the date of termination.
21.2
Either party hereto may terminate this Agreement at any time upon thirty (30) days prior
notice to the other party. In the event of such term/nation, 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.
REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the
persum or entities executing this Agreement have the authority to bind the party which they
represent.
· ~i?y ~ Carmel
2D00' Pavl.~ P~o~ram
23.
24.
25.
26.
27.
28.
29.
ADDITIONAL GOODS AND/OR SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide
additional goods and/or services to City. When City desires additional goods and/or services from
Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional
goods and/or services desired, as well as the time frame in which same are to be provided. Vendor
shall then provide, at no cost to City, an estimated cost for such additional goods and/or services,
as well as the date by which same will be provided to City. Only after City has approved Vendor's
time and cost estimate for the provision of such additional goods and/or services shall Vendor be
authorized to provide same, the identification of which sha/1 be set forth in documents which shall
be numbered and attached hereto in the order they are approved by City.
TERM
Subject to the termination provisions set forth in Paragraph 21 hereinabove, this Agreement shall be
in effect from the Effective Date through December 31, 2000, and shall, on the first day of each
January thereat~er, automatically renew for a period of one (1) calendar year, unless otherwise
agreed by the paxties hereto.
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.
BINDING EFFECT
City and Vendor, and their respective officers, officials, agents, partners, successors, assigrks and
legal representatives, are bound to the other with respect to this Agreement and to such other
party's officers, officials, agems, partners, successors, assigns and legal representatives in all
respects as to all covenants, agreements and obligations of this Agreement.
NO THIRD PARTY BENEFICIARIES
Nothing comained herein shall be construed to give any rights or benefits hereunder to anyone
other than City or Vendor.
ADVICE OF COUNSEL:
The parties warrant that they have read this Agreemere and understand it, are fully aware of their
respective fights, have had the opportunity to obtain the advice and assistance of an attorney
throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and
without any duress, undue influence, coercion or promise of benefit, except as expressly set forth
herein.
ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the
eraire 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 19 hereof, to
the extent any term or condition contained in any exhibit attached to this Agreement conflicts with
any term or condition comained in this Agreemere, the term or condition comained in this
C~y n~ Pnrmel
2000 Pa~ing Program
Agreement shall govern and prevail, unless the parties hereto, or their successors in interest,
expressly and in writing agree otherwise. This Agreement may only b~ modified by written
amendment executed by both parties hereto, or their successors in interest.
[remainder of page intentionally lett blank]
City of Carmel
-2~0t.j Pa'~zing Program
IN WITNESS WHEREOF, the parties h~reto have made and executed this Agreemere as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
Rieth-Riley Construction Co., Inc.
Signature
Mary Ann Burke, Member
Date:
~'~ ~/~
B~y~alker, Member
Date:
David F. Solmos
Printed Name
Sales Mana4~er
Title
Dme: May 5, 2000
Diana~easurer
Date
PROPOSAL PACKAGE
FOR
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS
BOARD OF PUBLIC WORKS AND SAFETY
PROJECT: Street Department
2000 REPAV1NG PROJECT
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
DAVID KLINGENSMITH AT 571-2637
PART 1
BIDDER INFORMATION
(Please Type or Print)
1.1
1.2
1.3
Bidder Name:
Bidder Address:
Rieth-Rilev Construction Co., Inc.
S~e~ Addres: 1751 w. Minnesota St.
Cky: IndianaP°li~tate: IndianaZi: 46221
Phone#:( )317/634-5561Fax#;( )317/631-6423
Bidder is a/an [mark one J:
__ Individual Partnership xxx 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
Carreel, 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 GeneraUs Opinion #2, dated January 23, 1958.]
.1
.2
.3
.4
Corporation Name:
Address:
Date registered with State of Ind'mna:
Indiana Registered Agent:
Name:
Address:
B1DDER'S ITEMIZED PROPOSAL
AND DECLARATIONS
City of Cannel
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: Street Department
2000 STREET REPAVING PROJECT
Proposal For: STREET DEPARTMENT 2000 PAVING PROJECT
D~e: May 3, 2000
To: City of Carmel, Indiana, Board of Public Wotics and Safety
PART 2
BID PROPOSAL
2.1 Pro~eet Bid.
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform
and fu!~ll 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 a_nd all addenda thereto, for the Total Sum of
Six Hundred Twenty two Thousand Five Hundred Two and 75/100 ........
.... Dollars ($ 622,502.75 ). The Bidder acknowledges that evaluation of
the lowesl Bid shaB b~ based on such price. The Bidder further understands that a]]
Work which may result on th~ Contract shall he compensated for on a Lump StLrn
basis and that the OWNER cannot and does not guarantee the amount or quantity of
any item of Work to hc pcrfornmd or furnished under the Coreract.
PART 3
CONTRACT DOCUMENTS AND ADDENDA
3.1
3.2
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.
The Bidder acknowledges receipt of the following addenda:
ADDENDUM
NUMBER
None
DATE
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 fi'om the terms of the Contract Documents
may result in this Bid being rejected as non-responsive.
4.3 Exceptions:
PART 5
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 heretrader to OWNER must be specific enough in detail so that
OWNER can make a proper determination of the Bidder's capability for completing the
Work/Project if awarded.
CITY OF CARMEL
BID TABULATION SHEET
Project Name: 2000 Resurfacing Project
Bid Date: May 3rd, 2000
Substantial Completion Date: September 15, 2000
Final Completion Date: September 30, 2000
UNIT PRICE
AMOUNT
1
2
3
4
AET or AE 150 TAG gal 9,000
#8 or #9 Binder ton 9,619
#12 Surface HAC ton 7,516
Hand laid #12 surface ton 300
$0.70
$28.75
$34.25
$77.00
$6,300.00
$276,546.25
$257,423.00
$23,100.00
5 Bad spots cut/removed sq.yd. 500
$24.25
$12,125.00
6 Milling sq.yd. 85,470
$0.55
$47,008.50
TOTALS $622,502.75
Contractor's Financial Statement
Submined by-RI.-E.-T'4r.-Ig'b-E-Y..C-O--N.S..TI~-U--CZr.-19N-Cg..,- __I~qq.. ................................{ [~An lndivid,al
with principal office atZ3.0.2~.B.'L....KtA~_.'.r-R.9--A~-:P....O.--~-u,x..q7 ......................................................
To ..... c_ $~ty_ .o.f..qa.r.m..e .1,..$.o.a_r.d...o.f. _P.u.b_Zki_~ _~WpLk. s_ _an_el. ~Le.t.y. ...........................................
Condition at close of business ................................ .MA.._R_~...3 ! ............a0,0.0,_
Dollars Cts.
ASSETS
.... 2svs0s0 1 13 6 0 6 3 9
I. Cash: (a) On hand $ ..... (b) In bank $ . _8,_7_8_526_3_9_, (c) Elsewhere $ ....._, .......................
2. Notes receivable (a) Due within 90 days .................................... _6...5. _4_..8 .....
(b) Due after 90 days ............................................. .1..9__ ?...2..5_..1 .....
(c) Past due ..................................................................9 .....
3. Accounts receivable from completed contracts, exclusive of claims not approved for
payment 0
4. Sums earned on artcompleted contracts as shown by engineer's or architect's estimate._ ........................
(a) Amount receivable after deducting retainage_ ..................... -8___2_
(b) Retainage to date; due upon completion of contracts ............... .9...1.. _5 _ .2...I. _7.. -6 ......
5. Accounts receivable from sources other than construction contracts ..................................
6. Deposits for bids or other guarantees: (a) Recoverable within 90 days ..............................9 ....
(b) Recoverable after 90 days ...................................9
7. Interest accrued on loans, securities, etc ............. .OT.,.E.R_ a. U_ .R .R .E _N _T p..S.~.Ey.~ ........._7...6_ .3_ .7...7_ .8. -9 .....
8. Real estate: (a)Used for business purposes .................................. .6.__3...9..-8. 9...4..3 .....
(b) Not used for business putposed ................................................. 9 .....
9. Stocks and bonds: (a) Listed--present market value ........................................... _0 .....
(b) Unlisted--present value .................................................. 9 .....
10. Materials in stock not included in Item 4 (a) For uncompleted contract (present value) .......3_. ,2...7_..7_ ,9...3 .....
(b) Other materials (present value) ............_6__ .9...5 _. _6_..0_. 3_..3 .....
1 t. Equipment, book value .................................................... .2. 9._ .9...2_ .2_ _4..6_ ._4 .....
12. Furniture and fixtures, book value ................................................ .6...6_ ,8.. 9..4..2 .....
13. Other assets ................................................................ _6._ .1_..1 _ _8_..1..3..5 .....
Total assets .....7 7 8 9 6 8 2 1
LIABILITIES
1. Notes payable: (a) To banks regular ............................................ .3_ _8..1...6..7. ?.. _2 ......
(b) To banks for certified checks ................................................ 9 ......
(c) To others for equipment obligations ........................................... .0 ....
(d) To others exclusive of equipment obligations .................................. .0 ......
2. Accounts payable: (a) Not past due .......................................... ,8.. ,6.. _0_..4_..5_ .5_. _2 ......
(b) Past due ..............................................................9 ......
3. Real estate encumbrances .....................................................................0 ......
4. Other liabilities .......................................................... .1._ _9 .4...2._ 7.. _4. 7_..5 .....
0
5. Reserves ............................................. - .............................................
6. Capital stock paid up: (a) Common ..............................................1_. ,2.. ~5_. 9_ 9.. 9 ......
(b) Common _ 7_It.~.~.S_U.R_V. .............................(1__ _4_. 4. . 9_ ,6...0_ 1_ .D ......
(c) Preferred ...........................................................0 .....
(d) Preferred _E..~.O_T_ p. ep.t_qg_ntLa .......................................9 ......
7. Surplus (net worth) .......................................................6__ 9_ .3...5...9.. 9. _1.. _3 ......
Total liabilities- - - 7 7 8 9 6 8 2 1
CONTINGENT LIABILITIES
1. Liability on notes receivable, discounted or sold ..........................................................
2. Liability on accounts receivable, pledged, assigned or sold ................................................
3. Liability as bondsman ...............................................................................
4, Liability as guarantor on contracts or on accounts of others ..................................................
5. Other contingent liabilities- - L~IJi..R_ _St: _C_BED. IT .O_N_ .~E-IN_~qfl. E_D_ .14~JU.'rY. J~S_tJ[~.~I_G.E ........._8 _ .9.. 9._ 9...0.. 9 .....
Total contingent liabilities- - 8 9 0 0 0 0
6.1
PART 6
ADDITIONAL DECLARATIONS
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, ancestry, age, disabled veteran status or Vietnam era veteran
status. The City of Carmel reserves the fight to collect a penalty as provided in IC
5-16-6-1 for any person discriminated against.
PART7
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 d'trectly 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 (hi) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is
made and submitted without 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.
PART 8
SIGNATURES
[Signature by or on behalf of the Bidder in the spaces provided below shah constitute
execution of each and every Part of this Itemized Proposal and Declarations Document.
SIGNATURE MUST BE PR OPERL Y NOTARIZED. ]
Bidders Name:
Written Signature:
Printed Name:
Titk:
Ri h-Riley Construction Co.. Inc.
David F. Solmos
Sales Manager
Imvortant- Notary Signature and Seal Required in the Space Below
STATE OF INDIANA
COUNTY OF MARION
Subscribedand swomtobeforemetbjs
200~
Mycomn~s~nexp~es: 4/27/08
3rd day of
(Signed)
Printed:
County, State of
May ,
Mia M. Gregory
Residingh Hendricks Indiana
/r ,I' TH. RILE Y
,~. ~ k CONSTRUCTION CO., INC.
-._
POST OFFICE BOX 276 · INDIANAPOLIS, INDIANA 46206 · WWW. RIETHRILEY. COM
"An employee-owned company"
TO:
City of Carreel
Carreel Street Department
211 2rid SWeet SW
Cannel, IN 46032
LETTER OF TRANSMITTAL
DATE: May 8, 2000
ATTN: David Klingensmith
RE: 2000 Paving Program
GENTLEMEN:
COPIES
l
FORM NO.
DESCRIPTION
Executed Agreement for Purchase of Goods and Services
THESE ARE TRANSMITTED FOR YOUR ACTION AS INDICATED:
Please sign and return as indicated below
Retain one copy for your files as indicated below
Returned to you for corrections as noted
For your approval
XXXX For your use
For your files
REMARKS:
Please forward a fully executed agreement upon review and approval. If you have any questions, please call
Thomas W. Parten at 317/634-5561.
cc: Job File
Permi Risner
Mia M. Gregory
1751 W. MINNESOTA STREET · INDIANAPOLIS, INDIANA 46206 · TELEPHONE: (317) 634-5561 · FAX: (317) 631-6423
Aon Risk Services
May 3, 2000
City of Carmel
Board of Public Works & Safety
Clerk Treasurer, 3rd Floor
Cannel City Hall
One Civic Square,
Carmel, IN 46032
RE: 2000 Street Repaying Project
RE: RIETH-RILEY CONSTRUCTION CO., INC.
Gentlemen:
The Reliance Insurance Company has been writing the Bid, Performance and Payment Bonds on the above
company for many years.
If requested by the referenced contractor, the Reliance Insurance Company is willing to furnish the
necessary Performance and Payment Bonds on your contract subject to normal review of contract
financing, bid results and construction documents.
RELIANCE INSURANCE COMPANY
~R. Green
Attorney-in-Fact
Aon RAk S{,rvice3. lnc of Indiana · DBA Aon Risk Servites of Indiana/CA License# 0606364
251 North Illinois · Suite 1500 · Indianapolis, Indiana 46204 · tel: (317) 237-2400 · fax: (317) 237 2461
i~ELIAI~TCE Ii~TBTLTI~Ai~TCE COM PAI~TY
HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond No.
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.LA. DOCUMENT NO. A-310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, THAT WE
RIETH-RILEY CONSTRUCTION CO., INC.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,
Pennsylvan ia, a corporation duly organized under the laws of the State of Pennsylvania, .as Surety, hereinaf-
ter called the Surety, are held and firmly bound unto
CITY OF CARMEL, BOARD OF PUBLIC WORKS AND SAFETY
as Obligee, hereinafter called the Obligee, in the sum of
Ten percent (10%) and XX/iO0 of bid .......... :- ..... Dollars($ ,10% of bid dollars. ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our-
selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents,
WHEREAS, the Principal has submitted a bid for
2000 Street Repaving Project
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 Contract and forthe prompt payment of labor and material furnished in the prosecution thereof, 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
3rd day of May A.D.~ 2000
Kevin A. Tus'~i~itness)
Assistant Secretary
RIETH-RILEY CONSTRUCTION CO., INC.
David F. Solmos (title)
Sales Manager
(Seal)
BDR-2305 Ed,10-73
RELIANCE INSURANCE COMPANY
~iljen R. Green, Attorney-in-Fact
RELIANCE ~IJp,~Ty COM]~ANy RELIANCE ~C~ CO~
~ PA~C ~CE. CO.~.. ~L~CE NATION~ ~E~Y CO~
:::.::..::.~...:...:...: ::..:. :.. :: ....:.~ ..: :. ' :::"]~:~]
:::: ":~ : :; :':'~R OF A~O~Y '' "].:' ::
eo~or~ona ~lV ~ge~z~ u~er ~ lows
of e~l~Np e~ to bi~ the CompOse
~er~ ~ to ~ e~ e~ ~ r w~ngs in the nmre ~e~of w~e signed by
e~N e~ ~ by one o~ of such officers, eN ~rey reU~es e~ confir~ ~l ~et their
CO~ANY, 8~ R
. :': . ...
:: k led~up4~t~eC~lqlalW;:~l~eful~cewllt~lll~tteer~becqeleundercelingtewhiehi¢ie
IN WITNESS WHEREOF, the Compantol have soused these procents' tO be signed end their corporate sesie to be hereto affixed, thie Februmy 1.
1998.
On this, Febtumy 1, 1998, before me, Veienate Woethem, personally appeared David T. Aker~, Who acknowledged himielf tO be the 'Seni'ar: Vice
President O! the Rei~met Company, end the Vise President of Relicnor Insurance Company, United Pacifie insurance CompanV, and
Reliance National authorized to do so, executed the foregoing instNment fee the purpose therein
t authorized officer. :: ." .,
In witness whereof, il !and offiCial emil; 0 ~ '' ' ''
,::
.:..:~: ..:.:::::... '.';'. '," '.:~;,~,.~.~.;,,~: the ... of Pe.n.;v.ni.
'' REUAN~I~"',~A~TtONAL INDEMNITY COMPANY do hereby ~mjfy that the above end foregoing is e True and correct copy of the Power of Attorney
exerted by said Companies, which il still in full force and effect.
~ ~ ecre ary
C
07~0
0
C_,
m
CONTRACTORS DID FOR PUBLIC WORKS
PART I
(To be compleled for all bids)
(Please type or prinl)
2, County:
3. Bidder (Firm):
Address:
City/State:
4. Telephone Number:
Date: ._.May 3, 2000
Governmental Unit: City of Carreel
Hamilton
Rje_~I_L-_RI' ICY C°'~t_'_r'!t'-t_'i_gn__Co -, Inc.
P.O. Box 276
h'd(:,_qP_0P,!
5. Agent of Bidder (if applicable): ........
Pursuant to notices given, the undersigned offers to lurnish labor and/or material necessary to complete
the public works project el City of Carm._e_l ......(Governmental Unit) in accordance with plans
and speci,,ca,,ons o, said ..,, ,o, ,,,e s.m o,,,. The undo'-
signed lurtber agrees to lurnish a bond or certilied check wilh ibis bid I~r an amount specified in the nolice of
the letting. II alternative bids apply, submit a proposal let each in accordance with the notice.
II addilional units of material included hr the contract are needed, the cost el units must be Ihe same as
that shown in the original contract. II the bid is to be awarded on a unit basis, the itemizelion of units shall be
shown on a separate atlachment. The Contractor and his subconlractors, if any, shall not discriminate against
or intimidale any employee, or applicant for employnteat, to be employed in fire performance of this contract, wilh
respect to any matter directly or indirectly relaled to employmenl 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
{ll applicable)
l, the undersigned bidder or agent as a contractor on a public works project, understand my slalutory obliga-
tion to use steel products made in II'le United Slates. I.C. 5:6-8-2. I hereby cerlily 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 lorlelture el contractual payments.
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, corpolation or partnership represented by him, entered into any
combination. collusion or agreement with any person relative to tl~e price to be bid by anyone at such letting nor
to prevent any person from bidding nor to induce anyone to rehain from bidding, and that this bid is made without
reference Io any other bid and willtout any agreontenl, undelstanding or combination with any other parson in
refercoco Io such bidding.
He further says that no person of persons, fines, or corporalion has, have or will receive directly or indirect-
ly, any rebate, fee, gift, commission or thing el value on account of such sale.
OATII AND AFFIRMATION
I affirm under the penalties of perjury Ihal the foregoing lacts and inletmalign are true and correct to the
besl el my knowledge and belief.
Dated at Indianapolis. l~ana_ ibis ..... ~r~ day ol May ,~0.
'n
wld ~ So]me
(Title el Person Signing)
ACKNOWiEDGEMENT
STATE OF INDIANA
)
) Ss:
COUNTY OF MARION )
___ David F. Slzlmo~ ................ being duly swom, deposes and says lhat he is
___ Sales Manager of the above !{J~L_!t_z.l{jl._ey Construction Co., Inc. and that the
(Title) (Mame el Organization)
statements contained in the foregoing bid, certification and alfidavit are true and correcl,
Subscribed and sworn to before me this 3rd day of May 2000
: GregoTy Nolmy PublHI
My Coralssign Expires: .,~A~f_:l:~]__2,7_, 2_008
County of Residence:
Tire above bid is accepted titis
following conditions:
Contracting Authorily Members:
ACCEPTANCE
day el
,19 , subjecl Io Ihe
PART II
(Complete sections I,II,lll, and IV for all state and local
public works projects as required by statutes.)
Governmental Unit:
Bidder (Firm):
Date:
City of C~alnne_l _~
Rleth-Rlley C,2!}~t_rn~tlon Co,, Inc.
~M_ay _3, _2_O_QO .................................
These statements to be submitted under oath by each bkkler wilh and as a part of his bid.
Allach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. What public works proiects has your organization completed?
Contract Amount Class o( Work
19,280,B60 IW1Y, lWY
5,164,495 H~Y, IIVY
318,270 }lt~/, IIVY
3,932,568 lilY, IIVY
When Compleled Name and Address o( OWIle[
19911 1NIIOT, Indianapolis, IN
1998 INI)O~, Indianapolis, IN
1998 INDOT, Indianapolis, IN
1998 INIIOT, Indianapolis, IN
What public works projects has your organization new in process of construction?
Contract Amount Class o( Work
30,635,000 II~Y, IIVY
~,527,567 IIWY, IlVY
1,983,965 II~Y, IIVY
3,601,280 lilY, IIVY
Itave you ever laited to complete any work awarded to you?
Conlpleled Name and Address el Owner
1999 INOO'f, Indianapolis, IN
2000 1N1)OT, Indianapolis, IN
1999 INllOT, Indianapolis, IN
2(t00 1NI)OT, Indianapolis, IN
II so. where and wiW?
List relerences Item private (irms Ior which yrm have perlorn/ed work,
___l)uke CnRat~u~tton,__.I!~lanQp__o!Ls,
Crossman Communities, Indtanapol is, IN
C.P. NorRan, IndianaDollar_IN
__J,,J~llhelm Constructiont!lN,_,_
Surelink, ShelbyviII,e, IN
SECTION It PLAN AND EQUIPMENr QUESTIONNAIRE
1. Explain your plan or layoul for perlormlng proposed work. As per plans and speetfteat:ions
2. If you intend {o sublet any podion of the work, state the name and address of each subconlraclor, equip-
merit to be used by the subconlraclor, and whether you expect to require a bond. *See below.
3. What equipment do you intend to use for tire proposed project? As required for spec:l. fied items of work.
4. Have you made contracts or received offers for all materials within prices used in preparing your proposal? i',1o
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Auy bid submitted without said financial state-
ment as required by stalule shall thereby be rendered inwrlid. The fleaoctal statement provided hereunder Io the
governing body awarding the contract must be specific enough iu dotair so that said governing body can make
a proper determination el the bidder's capability Ior completing the project II awarded.
SECTION Iv OATIt AND AFFIRMATION
t hereby allirm under tile penalties of perjury that the facts and information contained in the foregoing bid
tot public works are true and correct Io the best of my kaowtedge and belief.
Daled at Indtanapolle~ lndlana Ibis
3rd __ day el May
Itletl~-Rll.ey Constructloft Co., Inc,
David F. Solmos, Sales Manager
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF INDIANA
COUNTY OF MARION
David F. Solmos
Sales Hanager (Title)
)
SS:
)
....... being duly sworn, deposes and says that he is
of the above _gl eLh=ILtle Canstruer4 nn~..n _ T.dtnd that the
(~'a~me el Organization)
My Commission Expires:
County el Residence:
answers Io the questions in the loregoing questionnaires and all statements therein contained are true and correct,
Subscribed and sworn to before me this 3,r.d_ ...... day of May 2000
April 27, 2008 ~Va Hi Gregory N°~;rYPu~c~ (~
Hendricks
*No bonds required.
Javelina Construction
Fishers, IN
Milling
CJ's Dump Truck Services Hauling
Indianapolis, IN
Contractor's Financial Statement
Submitted byKIETH ' RILEY CONSTRUCTION CO., INC. ' ............... { ~An Individual
with principal office at;3-b~2-b.qI:--K~A4---~'-r-K-9-A-P-P-'--o: -BP-X--4-77 .....................................................
To City of Carmel, Board of Public Works and Safety
Condition at close of business_ .. MARCH 31 2000
Dollars Cts.
ASSETS
............ Elsewhere $_ 2_,5_7~5_,°9_9
1. Cash: (a) On hand $ ....... (b) In bank $ 8,785,639 (c) 1 I 3 6 0 6 3 9
2. Notes receivable (a) Due within 90 days .................................................. .6_. _5_ _4_ .8 .....
1 0 9 2 5 1
(b) Due after 90 days ..............................................................
(c) Past due ................................................................ 9 .....
3. Accounts receivable from completed contracts, exclusive of claims not approved for 0
payment .......................................................................................
4. Sums earned on uncompleted contracts as shown by engineer's or architect's estimate .........................
(a) Amount receivable after deducting retainage ...................... .8 ~ _2~ _. ~3._ .9_ _ 9_ .q .. _8
(b) Retainage to date; due upon completion of contracts ............... -9. _ .1_ _5_..2_ _1_ 7. _6
5. Accounts receivable from sources other than construction contracts ................................... 9 .....
6. Deposits for bids or other guarantees: (a) Recoverable within 90 days ............................... _0 ....
(b) Recoverable after 90 days ................................ 9
7. Interest accrued on loans, securities, etc ............. 9Y.H.EB_G~U_BB,E_N.T_A-S_S.E-'r~S ......... _7_..6_, _3 .. 7_. 7_ _8. ?
8. Real estate: (a) Used for business purposes ................................... `6._ _3_ _9__ _8_, _9_ _4, .3 .....
(b) Not used for business putposed ................................................. 9
9. Stocks and bonds: (a) Listed--present market value ............................................. 9 .....
(b) Unlisted--present value .................................................. 0
10. Materials in stock not included in Item 4 (a) For uncompleted contract (present value) ...... _3_, ~ __ 7., 7_. _9...3 .....
(b) Other materials (present value) ............ ,6_. _9_ _5 _. ,6_. 9~..3_ _3 .....
11. Equipment, book value .................................................... .2..0.._9_,_2_,_2_,~4, _6_ _4 .....
12. Furniture and fixtures, book value ................................................. _6_ ,6 __ _8_ 9. _4_ _2
13. Other assets ................................................................. .6___1_ _1___8_ _1...3_._5 .....
Total assets ..... 7 7 8 9 6 8 2 1
LIABILITIES
1. Notes payable: (a) To banks regular. ........................................... _3_ ~8_ _1,_ .6_ 7. ?_ ~ ......
(b) To banks for certified checks ................................................. 9 .....
(c) To others for equipment obligations ............................................ 9 ....
(d) To others exclusive of equipment obligations ...................................... 9 ....
2. Accounts payable: (a) Not past due ........................................... .8__ .6_. Q__ _4_. _5_ .5_. ~ .....
(b) Past due ........................................................ 9
3. Real estate encumbrances ................................................................. 9 ......
4. Other liabilities .......................................................... J._ _9_. _4...2_ 7_ . _4. 7., .5 .....
5. Reserves ............................................. - .....................................0
6. Capital stock paid up: (a) Common ............................................. !. _2__ ~5.9. 9_. 9 .....
(b) Common _ .TB~S_U_~_Y. ............................. t_k_ _4__ _4. _3__ _6,. ~_ _1_. D .....
(c) Preferred .................... 0
............................................................
(d) Preferred OT D~bt ConIra ............................. b ....
7. Surplus (net worth) ................................................... _6._ .0_. _3..5_. -9_ 9. _1_ _3
Total liabilities_ ._ 7 7 8 9 6 8 2 1
CONTINGENT LIABILITIES
1. Liability on notes receivable, discounted or sold ........................................................
2. Liability on accounts receivable, pledged, assigned or sold ..............................................
3. Liability as bondsman ...........................................................................
4. Liability as guarantor on contracts or on accounts of others ............................................
5. Other contingent ~iabi~ities~L-~-~[E-R'-~F.~R-E-~'~T-~-N-.~-~L.FAN.~-U-BE-D`-L~A~~ ......... _8__9_
Total contingent liabilities. _ 8 9
9
I[I :II: (IFATFllAII(;UTV i TTFiiiAi!i:U&-.AliI,iiiii ;lliAlli311
.:
'1
"An employee-owned company
R I E T H- R I L E Y CONSTRUCTION CO., INc.
GOSHEN. INDIANA
CERTIFICATE OF AUTHORITY
KNOW ALL MEN BY THESE PRESENTS. that the undersigned President of Rieth-Riley Construction Co. Inc.. a corporation duly organized and
existing under the laws of the State of Indiana, does hereby grant to Day i d F. SQ I mn~ Sa I ~ Man ager
(Name) (Title)
full power and authority to make, execute, seal. jf required by law. and deliver for and on its behalf, and as its act and deed any and all bids,
proposals or contracts, said bids. proposals or contracts not to exceed St, 000,000.00 ........... , which bids, proposats or
contracts call for work. services, or materials to be furnished by Rieth-Riley Construction Co., Inc,. whether such bids, proposals or contracts are
being submitted to an individual or entity, public or private, and to bind Rieth-Riley Construction Co., Inc., thereby as fully and to the same extent
as if such bids, proposals or contracts were signed by an Executive Officer of Rieth-Riley Construction Co.. Inc., and sealed, if required by law,
and attested by one of such officers, and hereby ratifies and confirms all that the above named designee may do in pursuancs hereof.
This Certificate of Authority is granted under and by authority of Section 6.03 of the By-Laws of Rieth-Riley Construction Co., Inc., which became
effective the 11 th day of August. 1993~ which provisions are now in full force and effect, reading as follows:
Section 6.03 Ordinary Contracts and Agreements. All written contracts and agreements into which the
Corporation enters in the ordinary course of business operations shaft be executed by any Officer or by any
other employee of the Corporation designated by the President to execute such contracts and agreements.
This Certificate of Authority is issued, signed and sealed, if required by taw, by facsimile under and by authority of the following Resolutions
adopted by the Board of Directors of Rieth-Riley Construction Co., Inc,, at a meeting held on the 16th day of February, 1996. at which a quorum
was present, and said Resolutions have not been amended or repealed:
"Resolved that for purposes of clarification and in furtherance of the intent of Section 6.03 of the By-Laws of
the Company, the authority granted in Section 6.03 shall extend to the making, execution. sealing. if required
by law, and deftvery on behalf of the Company, of aft documents required as part of any bid, proposal or
contract. which is for work. services or materials to be furnished by Company, and which is being submitted
to an individual or entity, public or private."
'"Resolved that in carrying out the provisions of Section 6.03 of the By-Laws of the Company, the signatures
of such directors and officers and, if required by law, the seal of the Company may be affixed to any such
Certificate of Authority or any certificate relating thereto by facsimile. and any such Certificate of Authority or
certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company
and any such Certificate of Authority so executed and certified by facsimile signature and facsimile seal shall
be valid and binding upon the Company with respect to any bid. proposal or contract to which it is attached."
iN WITNESS WHEREOF. Rieth-Riley Construction Co., Inc., has caused these presents to be signed by Its President ans its corporate seal to be
hereto affixed, this 20+h day of January . ~< 2000 .
STATE OF INDIANA )
) SS:
COUNTY OF ELKHART )
On this 20th day of January
, >1;9 2000 , personally appeared Robert L. McCormick, known to me to be the President of
Rieth-Riley Construction Co., Inc., and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said
corporation thereto, and that Section 6 03 of the By Laws of said R~eth Rdey n and the Re clubors set fort]l
in full force.
My Commission Expires: / __, Terry L. Op zewski,
April 15. 2008 Re ou
I, Francis J. Cantnet, Secretary of Rieth-Riley Construction Co., Inc., do hereby certify that the above and foregoing is a true and correct copy of a
Certificate of Authority executed by said Rieth-Riley Construction Co., Inc., which is still in full force and effect.
,N WITNE~.EREOF..ha:el~eu~,~o0~t my hand and affixed ,ha sea, of Rieth-Riley Censt,uctioe Co.. Inc., this ~r~ day of
Francis J. Canine r~SJcretary
.: ...........--7 '7. %,%:: 7: ":' ....", ,',
Rieth-Riley Construction Co., Inc.
P. O. Box 477, 3626 Elkhart Road, Goshen, Indiana 46527-0477
Memorandum
To:
From:
Date:
September 3, 1998
Subject:
Appointment of Assistant Secretaries
for Attestation Purposes Only
Be advised that the persons whose names appear on the attached Exhibit A were
appointed by the Board of Directors at the July 31, 1998, annual board meeting, to
serve as Assistant Secretary for attestation purposes only.
As an Assistant Secretary, you are authorized to attest to signatures of authorized
corporate employees, who are signing documents on behalf of Rieth-Riley
Construction Co., inc.
You will hold this position until the next annual board meeting or until such time that
you resign, your employment with Rieth-Riley is terminated or your appointment is
rescinded by the Board.
FJG/tio
CC:
R. G. Pope
J. C. Robb
W. D, Robinson
A. L. Selner
H. P. Whitman
E. E. Yarkie
I:\GOSHEN~TLOPACZ%GANTNERM~SSEC98,WPD
H-R LEY CONSTRUCTION CO., INC.
ANNUAL BOARD MEETING !
List of AssistarfrSEcretaries for attestation purposes only.
Corporate
Charles R. Booth
Terry L. Opaczewski
Indianapolis
Kevin A. Tussey
David F. Solmos
South Bend
CaI-Region
LaPorte
Joseph F. Dreibelbis
Christopher L. Weinkauf
Karen S. Boatright
FIorzell Hawkins, Jr.
Dianna M. Bowman
Todd J. Kulczar
Elkhart
Manton
Houghton Lake
Mark D. Phares
Philip E. Penn
Jeffery L. Saylor
William K. Pearson
Patti L. Schweitzer
Grand Rapids
Big Rapids/Ludington
Tom E. Waldo
Rex A, Corbett
Patricia K. Zuern
Walton Division
Robert Vanderley
JoAnne T. Courtade
Exhibit A
~-I',2Q/SS lIE_ 10:38 FA'j 1 317 233 4g13 PUBLIC WORKS DIVISIO.'~
r
~]001
CERTIFICATE OF QUALIFICATION
to provide
CONSTRUCTION SERVICES
PUBLIC WORIr~ PRO]'ECTS
t~ the
STATE OF [I~DIA~A
RIETH RILEY CONSTRUCTION CO INC
3625 EJ, K]-taJtT
GOSHEN IN 46527-0477
16tl,01 Gon~ret~ Construeion of Roads & Cu~t~ing
161t,02 ~phalt Cons~ion ~ R~ds
1611,03 Pa~ing L~ Cons~lon
1~0t Gen. Co~.~ffig~v~elvd h~p~,rl~ls
t~.03 S~eman~orW~er~n~
1~,D2 ~d Cl~ng
1~.03 Dam and D~e Ca~ion
CEP, TIFICATtON DATE 3131/99 EXPIRATION DAT~ Pd3~00
THIS CF, RTI~:ICATE ISSUED BY THE STATE OF INDIANA, PU]~LZC WORKS D|VISION CF, RTIFICATION BOARD,
40;! ~ArES'r WA£HTNGTON ,':,TPJSET, ~.OOM W467, FNDIANAPOLL~, INDIANA 46204 ALSO ACTS AS THE
OFFICIAL N0'[1C15 OF 'E,Tr'L'~ATION.
C. ert~c~Jon Bear~
JUL-ZZ-99 09:51 FROk4-RIETH'RILEY
lZ198758405 T-089 P.02/02 F-241
:. :: .; TO
:..~?~,~ .......
~..:;.~ who has filed with me Depa~men~ a Con~m~ors Statement of E~r,ence and Financial Condkion as
~-'~;'-~ required under Ind,ana Code ~23-]0 is here~ quali~ m bid at any Depa~ment of Transpo~adon --
~..;'~ lening in Classes of Work and wi:hin ~he amoun~ and olher m ~ion of each cl~s,fica:ion as hsted .,;~
~,;.a' '~ De ~ for such ~riod ~ :he uncompleted work on hand from all sources d~ not
~.,.~ Concractor's 5~a~emenz of Eperience and FinanQal Condmon. This ce~fzca:e supe~ed~ any ce~i~ca~e
~'.L,~. ~ prey odsly issued. but is sub'~ to r~is~on or r~ocation according m the law, if snd when changes ~,,;,,=..~
:.~v-~ in me fin3nchl condition o~the contra~ing f~rm or oiher fl~s ]u~i~ such r~sion or r~ocadon. ~.~.:~.<
:.~ v~z; A~g~sc ~, ~999 ~ 3~y 3~, 2000 ~.~'~,E~
~-.; .,,.
'x~'~'.~ ~GREGATE ........................ $ ~M~TED ~, ~ ',~
~,~ 03~a snow ~d ice Removal ................ $
.....................
~ A(A] Concrete ~avin~, General .............. $ ~IMITED
~_,~2~ A(~) Concrete Paving, Limited .............. $
' ~:-~ ~ (A) ~icumimous Pavzn9. Planc M~x ............
~-.~:-~
x. J~';~ B[B) Bicum~mous Pav~ng, Road M;X. $ ~IMIT~
............ ~.~
~..~'~,:~ C(A} Eea~ Gradin9 .................... $ ~L~MITED ;.,E:~,.~
:~-,L~ ~,L
~..~ C(9) Ligh~ Gradin~ .................... $ ~IM~T~
~-'~f'-~ D (A) Br~d~es: Mi9hway Over Water ............ $ ~LIMITED
R ~"3"
;.,~'~ '.~ D (B) Bridges; M~ghway ~d Rallroad Over Highway .....
~ D(C) Bridges: Retiring Railroad Track Protection. . . $ ~IMI~D :,~::~.~
~-'~:k~ D (D) Bridges: Marine ~vircnmenc .......... $ ~IMITED
~,.~ E{E) S~ll Sc~cnures. ~ivercs ~d Drainage I~ems. . .
-.~. ~., E (F) S~rface Masonry ................... $
~.'~',~ E {H) Deep Sewer or ~cavacion ~e~rin9 gnus~l ~erc~me
-5~ E(R) Road Planl~g .................... $ ~IT~ ~..~!,~
· A CORD , CERTIFICATE OF LIABILITY; INSURANCE'.: ':i oATB
PRODUCER
AON RISK SERVICES, INC. OF INDIANA
251 NORTH ILLINOIS STREET, SUITE 1500
INDIANAPOLIS, IN 46204
COMPANY
A
INSURE~
COMPANY
B
RIETH-RILEY CONSTRUCTION CO.,
INC. COMPANY
PO BOX 477 C
GOSHEN, IN 46527-0477 COMPANY
D
Serial # A40271 I I HI-~ CEHTII-ICA Ib. I~S I~SUEU A5 A MAI I EI,( OF tNI-QRMATI(JN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER· THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
AMERICAN GUAR & LIAR (ZURICH)
ZURICH INSURANCE COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER 0ATE tMMmD~YY) 0ATE (MMIDD/YY) LIMITS
GL8322041-04 02/01/00 02/01/01 GENERALAGGREGAT~ $ 2,000,000
PRODUCTS- COMP/O. ~GG $ 2,0007000~
PERSONAL & ADV INJURY $ 1 ~000TOO0'
EACH OCCURRENCE $ 'l~000~{3OO~
'FIRE DAMAGE (Any one tim) $ 100,~200~
BAP8322043-04 02/01/00 02/01/01
co TYPE OF INSURANCE
LTR
GENERAL LIABIUTY
A 'X ' COMMERCIAL GENERAL LIABILITY
.... CLAIMS MADE "X OCCUR
'~NER*S & CONTRACTOR*S PROT
Y,' AGGREGATE LIMITS
X PER PROJECT ENDST
AUTOMOBILE LIABILITY
A X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILJTY
A X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORREIrS COMPENSAllON AND
OTHER
COMBINED SINGLE LIMIT $ 1,000,000
BODILY INJURY $
(Per persQnl
AUTO ONLY - EA ACCIbENT $
OTHER TI-IAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE
AUO851794104 02/01100 02/01/01 EACHOCCURRENC~ $ 5,0OL},OO0
AGGREGATE $
$
WC8322042-04 02/01/00 02/01/01 X *"~"'~'
EL EACH ACCIDENT $ 1
EL DISUSE- ~OUCV UM~T s f, OO~TO0"O'
EL DISEASE- EA EMPLOYEE S
City of Carmel, Board of Public Works and Safety
2000 Street Repaving Project
SHOULD ANY OF THE ABOVE DESCRIBED POUCIEB BE CANCELLED BEFORE THE
30 DAYS WRJTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
r emplayee.owned carnpt~ny"
R I E T H ~ R I L E Y CONSTRUCTION CO., INc.
POST OFFICE BOx 477, GOSHEN, INDIANA 46527-0477
EQUAl. EMPT ,OYi~IENT OPPORTUNITY PO| ,ICY
It is the policy of Rieth~RAley Construction Co., Inc. to assure that applicants are
employed, and that employees are treated during employment, without regard to
their race, religion, sex, color, national origin, age of disability. Such action shall
include: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or te, uination; rams of pay or other forms of compensation; and
selection for training, including apprenticeship, proapprenticeship, and/or on-~e- job
training.
If you have a complaint concerning a violation of this policy, the Corporate EEO
Officer is James Eaton, who can be reached at Kieth-Pdlcy Construction Co., Inc,,
P.O. Box 477, Goshca, IN 46527, (219)875-5183.
R~be"~ L. McCormick, P~sident
April 4, 1997
~3626 ELKHART ROAD TELEPHONE: (219) 875-5183 FAX: (219) 875-8405
R I E T H- R I L E Y CONSTRUCTION CO., INC.
P.O. BOX 276 · INDIANAPOLIS. INDIANA 46206
TO: ·
City of Carmel
· One Civic Square
· Carmel, IN 46032
GENTLEMEN:
The following documents are enclosed:
COPIES FORM NO.
1 Performance Bond
1 Labor & Material
Payment Bond
DATE
May 10, 2000
ATTENTION
Clerk-Treasurer
RE:CONTRACT
2000 Paving Program
DESCRIPTION
THESE ARE TRANSMITTED FOR YOUR ACTION AS iNDICATED:
[] Please sign and return the original and __ copies.
[] Retain one copy for your file.
[] Returned to you for corrections as noted.
[]
REMARKS:
[] For your approval.
[] For your use,
[] For your files.
COPY TO: 320621
PLANT AND OFFICE: 1751 W. MINNESOTA STREET
SIGNED:
If enclosures are not as noted, kindly notify us at once. Penel ope L. Ri sner
Contract Administrator
PHONE: 317-634-5561 · FAX: 317-631-6423
~Y-gg-OO 10:45 FROIbRIETH-RiLEy +31763164Z3 T-ZOr P.04/05 F-843
PERFORMANCE BOND
Ci~ of Came.!
]?~struclions;
Successful Bidder must use this form or other Jbrm containing the same material
conditions and provisions as approved in advance by OWNEd~
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Parmership,
all partners should execute bond.
Surety company executing thLt bond shall a2~pear on the most current list of "Surety
Companies Acceptable on Federal Bonds," as st?ecified in the U.S. Treasury Department
Circular 570, as amendea~ and be authorized to transact business in the State of
Indiana.
KNOW ALL MEN BY THESE PRESENTS: tha~
"CONTRACTOR":
and
"SureqP:
RIETH-RILEY CONSTRUCTION CO., INC.
RELIANCE INSURANCE COMPANY
3 Parkway
Philadelphia, PA 19102
a corporation chaxxered and existing under the laws of the Smm Of Pennsylvania · and auxhotized m do business in xhe Sm~ of Indiana,
Penalsum°f 'Fifo Mundrcd ~;o YaT~ 7 ~!~san~I:)O"mts'($ 622,502.75 )~lawfU|
money of ffit Un~ Slmes~ for mc paymc~ oPw/hich sum well an~ ln~l~ m be made, iogeth~ wi~
~c~es~ a~ the maximum legal tam f~om dam of dcmar~ and a~y '~t~orr~ fees and court costs
incurred By Obllgce w enforce this insm~ we bind ourselves, successon, and assig~s, join~
and severally, rarely by these presems,
WHEREAS, v.he CONTRACTOR has en~e:ed i~o a ceaain Agreement with tl~ OWNER, dated
asofth~ 3rd dab'of May , 20 00_99._, by whlch CONTKACTOK has
agreed m perform and furnish cemin Work for or in figthetance of cansuuction of improvements
described ge~etall~ as
2000 STREET REPAVING PROJECT
which Agreement, and the "Comr4cl Documents" as referred w thcrein~ are hereby incorporaled
herein by
NOW, THEREFOKE, the conditions of this obligation are such tha~ if tim CONTRACTOR shall
well, truly and fahhfu|ly [:n:rform Iris duties, all the undertakings, covehams, urms and condi, ions
~Y-0S-O0 T0:46 FROM-RIETH-R]LEY +3176316423 T-ZOT P.05/05 F-843
of said Agreement whether during ~he original ~nn ~aeof, ~ ~y e~s~ ~r~f which my
~ ~ by ~e O~ wi~ or wigout no~e to xhe Sur~ ~ d~g ~y ~i~ of gu~
or ~W p~vid~ ~ ~ ar~g ~nd~, ~ · CON~CTOR s~ll ~ ~1 cla~
a~ ~ ~c~ ~ such Co~ae~ ~d s~ll
O~ ~m ~1 c~ ~ &m~ which he
r~urse aM r~y ~ O~R aE outlay ~d apse w~ch
PRO~D~, ~T~ ~l ~ ~ S~, f~ value r~eiv~ ~eby ~pula[~ ~d a~:
~e Con~ ~11 opine m rc~c ~ ~c~ S~;
ob~[ion on ~is ~ ~d it d~s ~eb~ waive notice or'
O~'s ~1 smlm~ w~ ~e CONT~CTO~
WITNESS W'I-EEREOF, ~hls insrrumeal is e~ecuted in one (number) couraerparts, each one
of which shall be d~e~ned an ori,daml, fl~isffie ,9~h dayof May ,20 O0
CONTRACTOR: [nazn~} RIETH-RILEY CONSTRUCTION CO., INC.
ATTEST: ~ t~ ~'_ Assistant
[signature] ~vin A. Iussey
MAY 09 '00 10:58
MAY-09-O0 10:45 FROM-RIETH-RILEY +31T63164Z3 T-ZOT P,92/05 F-843
PAYMENT BOND
CiW of Carmd
J~nsrn~ctions:
Successful Bidder must use this'form or other form containing the same material
conditions and provisions as approved in advance by OWNER.
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership,
all partners should execute bond
Surety company executing thh' bond shall appear on the most current list of "Surety
Companies Acceptable on Federal Bonds, "as specified in the U.S. Trem'ury Department
Circular 570, as amended, and be authorized to l~ansacl business in the State of
Indiana,
KNOW ALL ~ BY THESE PRESENTS: thal
"CONTRACTOP,":
and
"SumS': ['~l
RIETH-RILEY CONSTRUCTION CO., INC.
RELIANCE INSURANCE COMPANY
3 Parkway
Philadelphia, PA 19102
a coxpotation chattered and exiting under Xhe laws of tl~ STate of
Pennsylvania , and authorL~d to do busk~ss h ~ Staxe ofl~
areheldandfn'mlYboundunxo~i~q~f~C~w~Iy' einaR.crndcalledOWNER, in
($ 622,502.75 ) in lawful money of xhe Unimd States, for ~e paymere of which sum
well and uuly to b~ made, plus interest at ~ m_ a~mum legal ra~c from date of clcmand
and any anomey fees and com~ costs incurred by Obligce to enforce this in.vtnnnem, we
bind ounelves, successors, and assigns, joimly and sereTally, ~nnly by these prescms,
WHEREAS, ~ CONTRACTOR has cmcrcd imo a certain Agreen~mt with the
OWNEIL dated as of the 3rd day of May ,XI~ 20.OO, by which
CONTRACTOR has agreed m perfonn and furnish certain Work for or in furtherance of
coDszru~ion of improvemenm described generally as
2iN}0 STREET REPAVING PROJECT
which Agxeement. and the "Contract Documenls" as referred to therein, are hereby
incotponaed herein by reference;
Mg~Y 09 '00 10:57
MAY-09-O0 10:45 FROM-RIETH-RIL;Y +317631~423 T-Z07 P.03/05 F-843
NOW, THEREFORE, the condifior~ of ~ obligardon me such ~ if the
CONTRACTOR ~ prompdy ~ pa~n~ of ~ m~xs d~ m ~ Cm~ ~
~ o~a~on ~n ~ vo~; o~ m ~ h ffi ~rce ~ e~t. "C~f' ~
~ ~y Su~on~tor, m~ ~pp~r or o~ p~ ~ or cormdon ~g
~ or ~nt for or p~o~g h~r or ~es h ~e prosecmioa oft~ Work
pro~ed for ~ s~ Ag~e~t, ~1~ hb~ts, o~ g~o~, co~ ~ co~, rep~
on ~, ~ toO~ ~ co~ Or ~d ~ co~a ~ ~ co~ion of
s~h ~r~ ~ ~ ~e pre~ on ~d wo~ ~ ~r an ~r, ~d h su~
wor~
P~VIDED, ~ ~t ~ ~d S~e~, for ~ue rec~ve~ ~e~ ~puh~ ~
a~es;
1. ~t ~ &fec~ or ~e~ ~ I~ co~I or h t~ pmceed~s pr~ ~o t~
~nhg ofl~ Agree~t w~ o~Ie to release or ~ge S~;
A~e~m, Co~ Do~ts or ~o ~y Work w ~ ~d t~e~r, ~ ~
dehy by t~ O~R h effor~m of t~ A~ or ~ ~ ~hall ~ ~y ~y
~ea ks ob~ga~n on t~s ~, ~ k does ~eby waive not~e of ~ such c~ge,
e~n of ~, ~m~n or ~ion Io the tern of ~e ~, Contrdcl
Doc~nm or ~o the Work;
4. ~t ~ Paint Bond ~ SmW s~ ~I ~ rele~ed ~ta o~ (1) ye~ ~et ~
O~R's ~ ~n]e~m w~ ~e CON~0R.
IN WITNESS WHeReOF, this insm~nent is executed in one (nutabet) courKerparts,
each one of which shall be ~ern~d an original, this the 9th. day of Hay
20 o0 .
ATTI~ST: ~(/-~ ~L ~'7/~vev Assistant
[',sLS~mre] evin A. Tussey
Eileen R. Green 251 N. Illinois St., Suite 1500
[primed -~-~3
~nd~anapol~s~ IN ~620~
PJ~L~ANCE SU1~TY CO~fi~ANY .RELIANCE !~SURANCE
UNITED PACIFIC INSURANCE COIWPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADt~ UiSXRATIv.e OFFICE. PHiLADELPHiA, PENNSYLVANIA '.'. '.........'..'
'POWER OF ATTORNEY '" '
KNOW ALL MEN 9Y THESE PRESENTS. that RELIANCE SURETY COMPANY is a corporation duly organized under the laws ~f the '~fate of
of the Commonwealth ~f Penn;~d~an~a e d th's~;.:.'~ELI.ANCE NAT QNAL I'NDEMNITY .COMPANY is a corporation duly organized under the laws
the State of Wisconsin herrib o01Ie~tN;~.y ce0 ~t ~the C6~panle~ qDd"thqt'..the '4~mpenles by vir~'Us of signature end seals do hereby make
constitute and appoint 'Rebert P. $d~npa~l~ FAi,s'~ R..Greeg~'. of I~di'e~/~t}lis~ Ifldlan~l their true snd'iawful Attorney(a)-in-Fact to make
seat and deliv,r for and on their b~half 'and a~ their ~c.t'end dead iny'end .all honda sad under~skiOga of suretyship and to bind ~he Cornpanles
thereby as fully and to/;he same exten~a$ if ~uch bd'nl~and undertakings a'bd'othsr writ~rigs eJblig~tory in the nature thereof were signed bya~
Executive Officer of the Companies end see ed 'and attested by one Other of Stl0h 'Officers, and hereby ratifies end confirms eli that their said
Artorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted 'Snd~f end by the authority of Article VII of the By-Lswl of ~
RELIANCE INSURANCE COMPAN'Yr UNITED PA(~.II;tC .INSURANCE COMPANY. and RELIANCE NATIONAL
provisions are now in full force arid effec~,readlhg as follOwS: ." ,.
. ::..
ARTH~L,It Vlt- EXECUTION OF BONES AND UNOERTANINGS ' '
IN WITNESS WHEREOF, the Companies have caused these preset~is to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
P~ELIANCE SURFi'Y COMPANY
:, r~.~ ~~. "' "
STATE OF Pennsylvania ' . ' ,., , ' .
COUNTY OF Philadelphia . ' '" .,' '.; . ',..,:'' ",'.,.'.
On the, February 1 1998, before me Vslnda Weftham, pareD"" .yappeered David T. Aksrs, who sckn~w edg. ed himSail t0'bS
President of the Reliance Surety Company, end the Vice Presdell~ of ReariDa nsurence Company. Unitid'Pscific InsiStenCe "C~ml~'s'6
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument 'for the purpoi~ ~erein
contained by signing the name of The corporation by himself as its duly authorized officer.
Vale c~a W0rtham, NOfa~f Put~ic
Phi adelphia. Ph~ia Cou ' '
My Corn isslon Exp~el Nov. t8,1~/2/2~ Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
I Artits Zippa~l Secretary of RELIANCE SURETY COMPANY, REIJANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY, end
RELIANCE NATIONAL INDEMNITY COMPANY do hereby cart fy' that the sbo~e and fOregOing is a true and oorrect copy of the Power of Attorney
executed by said Companies, which is still in full fords and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9 t:h d of Z~y 2000 .
"..' ;':.':