HomeMy WebLinkAboutRieth-Riley Construction Co, Inc/Eng/CO #03/96th & Keystone Parkway – Project #16-ENG-05City of Carmel Project 16 -ENG -05
96th Street and Keystone Parkway
CHANGE ORDER # 03
During the Right -of -Way negotiations between the City of Carmel and Tom Wood entities, City of Carmel
agreed to have Rieth-Riley Construction Co., Inc. add Tom Wood entities as additional insured on the
contractor's insurance policy for Carmel Project 16 -ENG -05 (96th Street and Keystone Parkway Road
Improvements). Carmel and Rieth-Riley agreed to the specific language to be added to the policy and that
language is attached to this Change Order as Exhibit A which is incorporated herin.The added language
also lists the specific Tom Wood entities that are to be included as additional insured. This is a zero
Contract Price prior to this Change Order
-------------------------------------------------------------------
Contract Price will be inereasedidecreased bw this Chan�,e Order
New Contract Price including this Chancre Order
---------------------------------=------------------------------------------
528.822.325.47
$0.00
528,822,325.47
Amount
Adjusted Contract
Price
Cumulative % Change
from Original Contract
Original Contract
$28,793,000.00
$28,793,000.00
NIA
CO 01
$25.843.67
$28,818,843.67
0.09%
CO 02
$3,481.80
$28,822,325.47
0.10%
CO 03
$0.00
$28,822,325.47
0.10%
TO:
CITY OF CARMEL
n'.
CONTRACT CHANGE ORDER NO.: 3 66'
DATE: 5124/2018
PROJECT NAME: 16 -ENG -05
CITY REQ. NO.:
CITY PO NO.:
CITY PO DATE:
I. You are directed to make the following changes in this Contract:
During the Right -of -Way negotiations between the City of Carmel and Tom Wood entities, City of
Carmel agreed to have Rieth-Riley Construction Co., Inc. add Tom Wood entities as additional
insured on the contractor's insurance policy for Carmel Project 16 -ENG -05 (96th Street and
Keystone Parkway Road Improvements). Carmel and Rieth-Riley agreed to the specific language to
be added to the policy and that language is attached to this Change Order.The added language also
lists the specific Torn Wood entiti es that are to be included as additional insured. This is a zero
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR H DAYS
11. The following referenced Documents further describe the changes outlined in Paragraph F, and
are to be considered a part of this Change Order: R.F.P.: W.D.C. No.:
Other:
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $ 28,822,325;47
Contract Price will be increased/decreased by this Change Order $ 0.00
New Contract Price including this Change Order S 28,822,325.47
Contract Time Prior to this Chante Order Days 5/31/2019 Completion Date
Net increased/decreased resulting from this Change Otdei 0 Days
Current Contract Time including this Change Ord Days 5/31/200 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time extension=_
incurred at any time resulting from the performance of the clianged work.
The Above Changes Are The Above Changes Are
Recommended Accepted:
American Structurepoint Inc. Rieth-Rilev Construction Co, Inc
ENGINEER CONTRACTOR
7260 Shadeland Station
Address
Indianapolis, IN 4626
City/State/Zip
Indianapolis., IN 4,64) I
.add
j7 f 'V 1
Indianapolis, IN 46221
City/State/Zip
Vvmwa 2016-08-31 AR -6
B� By: A
I`'.'"Z
Phone: Phone: (317) 518-2-500
'Christine S. Pao y, Clerk -
Date: Date:
l•miva 2916-05-31 AR -6
Treasurer
Dale:
STRUCTUREPOINT American Structurepoint, Inc.
Change Order Details
96th Street and Keystone Park-vvay
Description:
1.6 -ENG -05
Construction of a roundabout interchange at the
intersection of 96th Street and Keystone Parkway,
including the reconstruction of Keystone Parkway
from 1-465 to 98th Street, and reconstruction of 96th
Street from Haverstick Road to Enterprise Drive.
The Project includes new construction of a twospan
bridge over 96th Street.
Change Order.
3 Date Created: 05/24/2018
Status:
Pending Approval Date Approved-,
1 -pe:
Summary:
Adding Additional Insured Language for Tom Wood Entities
Change Order Description:
During the Right -of -Way negotiations between the City of Carmel and Tom
Wood entities, City of Carmel agreed to have Rieth-Riley Construction Co., Inc.
add Tom Wood entities as additional insured on the contractor's insurance
policy for Carmel Project 16 -ENG -05 (96th Street and Keystone Parkway Road
Improvements). Carmel and Rieth-Riley agreed to the specific language to be
added to the policy and that language is attached to this Change Order as
Exhibit A which is incorporated beri-n. The added language also lists the
specific Tom Wood entities that are to be included as additional insured. This is
a zero cost/zero time change order.
Awarded Project Amount: $28,793,000.00
Authorized Project Amount; $28,822,325.47
Change Order Amount; $0.00
Revised Project Amount: $28,822,325.47
Change Order Details: 96th Street and Keystone Page 1 of 2 05/3012018
Parkwpy
Recommended for Processing:
Resident Project Re r entative Date
Contras or Date
0-.v ger
Date
M
Change OrderDetails: 96th Street and Keystone Page 2 of 2 05/24 -MA
Parkway
E �. h i bt A
Section 9 of the Agreement for Purchase of Goods and Services ("Agreement') between the
City of Carmel ("City") and Rieth-Riley Construction Co., Inc. ("Rieth-Riley" or "Vendor")
executed on July 5, 2017 requires Vendor to procure and maintain in fullforce and effect
during the term of the Agreement certain insurance as is necessary for the protection of
City and Vendor, and to cause Vendor's insurers to name City as an additional insured on
all such insurance policies. Since the execution of the Agreement, the City has been granted
Rights of Entry by various Tom Wood entities, all dated March 26, 2018 ("ROE") to several
parcels further described and outlined in the ROE'S as the Fee Parcel and Temporary
Easement Parcel C Tom Woods Parcels").
Vendor acknowledges that to diligently pursue and complete its scope of work under the
Agreement. it will also need to enter the Tom Woods Parcels. Vendor also acknowledges
that the City and Vendor hereby amend the Agreement. via this Change Order, to require
that Vendor causes its insurers to name as additional insureds the following entities for
Vendor's work on the Tom Woods Parcels:
Wood Mortgage RE, LLC
The Tom Wood Irrevocable Real Estate Trust,
TNT? Investments. LLC
Wood Lexus RE, LLC
JIW Holding Company., LLC
Wood Jaguar RE, LLC
Wood Porsche RE, LLC
Indemnification: Vendor shall .indemnify and defend the above entities owning and
operating within the Tom Woods Parcels against third party claims arising out of or related
to (1) death or bodily injury, or (2) loss or damage to real or personal property resulting
from Vendor's acts or omissions occurring on or about the Tom Woods Parcels.
Limitation: Additional Insured status for the entities owning and operating within the
Tom Woods Parcels is not extended to, and shall not cover, claims resulting from the
negligence or misconduct of the above-named Tom tiVood entities.
From: Ogg, Chris
To: "Jeff Mattix"; Conarroe. Tim; Andres. Brian
Cc: Steve Rothaerber; Tyler Joseph; Keegan Brennan; Rob Konooinski; Scott Stine
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Date: Friday, April 20, 2018 12:50:29 PM
Attachments: imaae003.ono
imaae012.ono
imaae013.ono
96th City of Carmel C O Additional Insured TKHv2.docx
Jeff, I deleted the sentence as requested.
Tim & Brian, please prepare the COs accordingly.
Thanks.
Chris Ogg, PE
Assistant City Engineer
Carmel En ine eering Department
One Civic Square
Carmel IN, 46032
0: 317.571.2436
C: 317.945.7777
coee(a)carmel.in.eov
A Please consider the emrironment before printing this e-mail
From: Jeff Mattix [mailto:jmattix@rieth-riley.com]
Sent: Friday, April 20, 2018 12:37 PM
To: Ogg, Chris
Cc: Steve Rothgerber; Conarroe, Tim; Andres, Brian; Tyler Joseph; Keegan Brennan; Rob Konopinski;
Scott Stine
Subject: FW: Tom Wood Group - Additional Insured Certificates Request
Chris,
In general, we are OK with the majority of the revisions. One part that does cause concern is the
change from "will" to "may' in regards to the requirement for Clay Township to maintain insurance
for the Easement Parcel. We would propose to simply strike the last sentence in that first paragraph
altogether and eliminate any ambiguity. Let us know what you think. Thanks
IETH ILEY CONSMJ6M Co., hm
Jeff Mattix
1751 W- hfir - to 5t J ( l
kx9wapcAs,IN4i5221 j
Wor (317) 634 55611 x 212'_„
ob (812) 340-7025 � ---
Cell: 812-340-7025
Qlr' AI NIVE�SaA`i
From: Ogg, Chris [mailto:coggR@carmel.in.eov]
Sent: Thursday, April 19, 2018 8:39 AM
To: Steve Rothgerber <srothgerber(@rieth-rile)1.com>
Cc: Conarroe, Tim<TConarroe(@structurepoint.com>; Andres, Brian
<bandres(@chacompanies.com>; Tyler Joseph <t4oseph(@rieth-riley.com>; Jeff Mattix
<imattixPrieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Steve,
Please see our proposed revised language for the additional insured CO for the Tom Wood group.
Let us know if you are ok with it and we will include it in the COs.
Thanks.
Chris Ogg, PE
Assistant City Engineer
Carmel Eneineerine De
One Civic Square
Carmel IN, 46032
0: 317.571.2436
C: 317.945.7777
coee(cDcarmel.i n.eov
WA Please consider the environment before printing- this e-mail
From: Steve Rothgerber [mailto:srothgerberaa)rieth-riley.com]
Sent: Wednesday, April 04, 2018 11:09 AM
To: Ogg, Chris
Cc: Conarroe, Tim; Andres, Brian
Subject: Fwd: Tom Wood Group - Additional Insured Certificates Request
Chris,
Rieth Riley would like to have the attached language added to the change order in order to add
Tom Wood as additional insured. Please review and let me know.
Thanks
From: Keegan Brennan
Sent: Wednesday, April 4, 2018 8:54:18 AM
To: Jeff Mattix; Paul Tate
Cc: Rob Konopinski; Kimberly Beard; Steve Rothgerber; Scott Stine
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Jeff—no other changes. Please feel free to send this version to Carmel and ask that
they draft a C.O. with this language added to it. When they send us back their drafted
C.O. with it incorporated, we'll want to check it to make sure that our language made it
to the C.O. word for word.
Best,
Keegan M. Brennan
�RIETH- ILEY COxsn?ucTfoN Co., Irec.
Keegan Brennan
3624E r Rd, P_fl_ Sox 47;Goshm
Garter €) 44525
tkotic.(554}875-51E3ent24Z07
Moty'e (543) 505-10053
kbrennan@meth-fAey.mm
rwew_ieta-r3eymm
From: Jeff Mattix
Sent: Wednesday, April 04, 2018 8:11 AM
To: Keegan Brennan <kbrennanPrieth-riley.com>; Paul Tate <ptate(@rieth-riley.com>
Cc: Rob Konopinski <rkonopinski(@rieth-riley.com>; Kimberly Beard <KBEARD(@rieth-riley.com>;
Steve Rothgerber <srothgerber(@rieth-riley.com>; Scott Stine <sstine(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Keegan,
It looks like all the Tom Wood properties listed at the bottom are involved in the project. You said
the attached language was a draft of what you wanted included in the change order. Do you have
any revisions you want to make before we send to Carmel to be included in the change order? Let
me know what you think. We want to get this in their hands today if possible. Thanks
tR1EEM-EY CMnrrTWN Co., ft
Jeff Mattix
s NiectAtrA79Fr
17511ii_ o fis, IN
St R
Er�anapo�s,lhF 44221.
WokMob. (812)34 -7025561 x 1216 R)
h�ab:4 (812} 34s�-7025
jmattbc@beth-r;jey.com
Cell: 812-340-7025
From: Keegan Brennan
Sent: Monday, April 02, 2018 6:39 PM
To: Paul Tate <ptatePrieth-riley.com>
Cc: Rob Konopinski <rkonopinskiPrieth-riley.com>; Kimberly Beard <KBEARDPrieth-riley.com>; Jeff
Mattix <imattix(@rieth-riley.com>; Steve Rothgerber <srothgerber(@rieth-riley.com>; Scott Stine
<sstine(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Paul,
I haven't thought about the dust to the cars, though I agree that at some point maybe
the city should chip in on an expense like that?
Regarding the Change Order, this is language I've got so far. My thought was that we
could ask the City to draft their CO and add this substantive language to help create
privity (and act as a summary of what we're doing for our insurer's benefit, if they were
to challenge it). Jeff and I have spoken about this.
(Kim, if you could review I would appreciate it.)
I've also asked Jeff to look into exactly what Torre Woods properties we'll be entering to
see if we can limit the potential liability as much as possible. It may just be all of them,
thought the ROE mentioned that the City should still be the insurer for at least one
area. (see highlighted)
Best,
Keegan
From: Kimberly Beard
Sent: Monday, April 02, 2018 6:14 PM
To: Paul Tate <ptate(@rieth-riley.com>; Jeff Mattix <jmattix(@rieth-riley.com>; Steve Rothgerber
<srothgerber(@rieth-riley.com>; Scott Stine <sstine(@rieth-riley.com>
Cc: Rob Konopinski <rkonopinski(@rieth-riley.com>; Keegan Brennan <kbrennan(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
There's no cost to add the additional insured endorsement. We just need to have a written contract
or agreement in place (that has privity between R -R, Woods & the City).
Km Beard, CRIS
Risk Manager
3626 E sRd. P.O. 5=5=477
IN '1
iN 46527
-5183
<574) 875 5183 ext 14214
a (574 320 -55661 1
ra{ey.Corn
From: Paul Tate
Sent: Monday, April 02, 2018 6:02 PM
To: Kimberly Beard <KBEARD(@rieth-riley.com>; Jeff Mattix <imattix(@rieth-riley.com>; Steve
Rothgerber <srothgerber(@rieth-riley.com>; Scott Stine <sstine(@rieth-riley.com>
Cc: Rob Konopinski <rkonopinski(@rieth-rile)t.com>; Keegan Brennan <kbrennan(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
I believe that we will have to request a Change Order to the Contract in order
to add this request and provide the additional insured provision. We will submit
cost to go along with the Insurance add. Let me review the pricing prior to the
request for Change Order being issued.
Rob and/or Keegan will check my thought process.
Remember that new cars will be directly adjacent to our work zone ... how many
car washes are we going to buy/claims against our policy?
CbuvvsrntCIM M. hm
Paul ]. Tate
Reg"a lfice President- C-aaLallydona
1751 W. I a St -eel. P.O. Box
itx€sanaoK i t+N € 46206
v'+`.mak (317 634-556! ext 21205
ttr��i�{317j
281-8428
Ptate@rie6-6�mm
wwwiiet ey.com
From: Kimberly Beard
Sent: Monday, April 02, 2018 2:16 PM
To: Jeff Mattix <imattixPrieth-riley.com>; Steve Rothgerber <srothgerber(@rieth-riley.com>; Paul
Tate <ptatePrieth-riley.com>; Scott Stine <sstine(@rieth-riley.com>
Cc: Rob Konopinski <rkonopinski(@rieth-riley.com>; Keegan Brennan <kbrennan(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
We need to get the "written agreement" squared away otherwise our carrier would not respond in
the event of a claim.
Jeff/Steve, Can one of you get with Keegan so he can present his suggestions for resolving.
CvNSTRUC orr ca. lX
Kim Beard, CRIS
R&f Manager
FH
oEF IN Rd: P.O, t3 477
Gs
Goshen, 46557
Work {574} 875-5283 s2 24214
Mob e (574) 320.5551
kbeadd��setit��{e`l.carra
www.reth4L-;.com
From: Keegan Brennan
Sent: Monday, April 02, 2018 1:50 PM
To: Jeff Mattix <jmattixPrieth-riley.com>; Steve Rothgerber <srothRerber(@rieth-riley.com>; Paul
Tate <ptate(@rieth-riley.com>; Scott Stine <sstine(@rieth-riley.com>
Cc: Rob Konopinski <rkonopinski(@rieth-riley.com>; Kimberly Beard <KBEARD(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
All—I just wanted to check back in on this request from the City of Carmel. Is there
anything else I can assist with at this time?
Cmnwcm Ca. lata
Keegan Brennan
Ass:ntant sit Course(
3626 ElVsn Rd. P.O. Box 477
closhWork.
(a IN 46557
Wtxk +`5?4) 875-5183 ext 20207
Mb ,,e (563) K5-1093
kbremian@ th-r9ey-mm
wwwr4*-t8ey'MM
From: Kimberly Beard
Sent: Wednesday, March 28, 2018 3:29 PM
To: Jeff Mattix <imattix(@rieth-riley.com>; Steve Rothgerber <srothgerber(@rieth-riley.com>; Paul
Tate <ptatePrieth-riley.com>; Scott Stine <sstinef@rieth-riley.com>
Cc: Keegan Brennan <kbrennan(@rieth-riley.com>; Rob Konopinski <rkonopinski(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
The language of the ROE has been reviewed. Since the ROE is between the City and Woods, and
does not include Rieth-Riley we do not have privity. This means that our insurer would not see the
ROE as a written contract to extend Additional Insured status to Woods under the contract.
I spoke with Keegan and he has a couple of options that he would like to go over to see which one
would be the easiest and quickest to get into place. Once we get the contract documents
addressed, we can get a certificate of insurance issued to Tom Woods indicating they are an
additional insured. There would be no additional cost to provide.
COIN517lfcnoN C+L, Am
10m Beard, CRIS
R6* Manager
3626 Eiki*t Rsg, P.O. Bvx 477-"r
Goshest. 1N 45527 \!t
Vti,a k (574) 875-5183 exf 26214
Mob�(574) 320-5561
k�e�d{e}.co�ra
www.f*&--ik-y.com
From: Jeff Mattix
Sent: Tuesday, March 27, 2018 4:27 PM
To: Kimberly Beard <KBEARD(@rieth-rileu.com>; Steve Rothgerber <srothgerber(@rieth-riley.com>;
Paul Tate <otate(@rieth-riley.com>
Cc: Scott Stine <sstine(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
Kim,
I'm reviewing the general conditions and our agreement with Carmel now. I will send to these to you
along with Carmel's ROE agreement with Tom Wood.
4RIERMEY +CMr XWN Ca, ft
Jeff Matfix
S��rPac,�ct ter
1751W. a o, �e 46 St
IN 46221
llkr<€3173 634-55£1 x 21216
Mo&6e (SIZ 34ry-7025 l
Cell: 812-340-7025
From: Kimberly Beard
Sent: Tuesday, March 27, 2018 4:24 PM
To: Steve Rothgerber <srothgerberPrieth-riley.com>; Paul Tate <ptatePrieth-riley.com>; Jeff Mattix
<imattix(@rieth-riley.com>
Cc: Scott Stine <sstine(@rieth-riley.com>
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
If the City entered into a right of entry agreement with the Tom Wood Group, can we get a copy of
the agreement? Rob K. would like to review the language in it before we include them as an
additional insured.
We would want to make sure that the scope of the agreement is limited to exposures from our work
and isn't broadly covering Tom Wood for accidents/incidents unrelated to our work.
UM.UEY CmTowrm Ca, lora
Kim Beard, CRIS
Rtkk "ate
es N Rd, P.O. Box
G^oat�er�, 1N 46527 \j}
�
Work (574) 875-5183 ext 24214
Mob ie (574) 320-5662
kbeafWet}tt iejmm
WWW.rk&*4eY.CDM
From: Steve Rothgerber
Sent: Tuesday, March 27, 2018 4:09 PM
To: Paul Tate <ptate(@rieth-riley.com>; Jeff Mattix <jmattix(@rieth-riley.com>
Cc: Scott Stine <sstine(@rieth-riley.com>; Kimberly Beard <KBEARD(Wieth-riley.com>
Subject: Re: Tom Wood Group - Additional Insured Certificates Request
Will do. It's not in our contract to add them. Apparently it was a condition to Carmel to granting
right of entry for the project.
From: Paul Tate
Sent: Tuesday, March 27, 2018 3:58:03 PM
To: Steve Rothgerber; Jeff Mattix
Cc: Scott Stine; Kimberly Beard
Subject: RE: Tom Wood Group - Additional Insured Certificates Request
We are assuming risk. With risk is associated cost. And, what would the added
premium cost/deductible risk, per occurrence? Please contact Kim Beard to
discuss the premium cost and our deductible risk by adding them to our policy.
Where in our contract does it require us to provide this?
UTft- EY Cmmcrm Go., ft
Paul I. Tate
Regana.t bare P - cawal rmiikww
1751 W. isnesota Street P.O. Box 27&
Ittdiatiaporas,IN 46246('rK�l
ka1� (317) 634-5551 e)¢ 21206
Mobeoe(317) 281-8428
mm
wwwAedK ieyt.eom
f ry 2
if
f0�fh ANNIVER5AA�
From: Steve Rothgerber
Sent: Tuesday, March 27, 2018 3:39 PM
To: Jeff Mattix <imattix(@rieth-riley.com>
Cc: Scott Stine <sstine(@rieth-riley.com>; Paul Tate <ptate(@rieth-riley.com>
Subject: Fwd: Tom Wood Group - Additional Insured Certificates Request
Jeff,
Tom Wood is requesting we add them as additional insured as terms of granting ROE. I want to
review this before anything is agreed or disagreed upon. If we need to discuss we can.
From: Ogg, Chris <cogg(@carmel.in.gov>
Sent: Tuesday, March 27, 2018 12:48:23 PM
To: Brian Andres (BAndres(@chacompanies.com); Tim Conarroe(tconarroe(@structurepoint.com);
Steve Rothgerber
Cc: Klass, Nicole (nklass(@structurepoint.com)
Subject: Tom Wood Group - Additional Insured Certificates Request
Brian & Tim,
To get the ROES for the Tom Wood Parcels we agreed that RR would name them as additional
insured (see Section 8 of the attached). Please work with Steve R to get change orders for them to
do that. It will be similar to the attached CO that we did for 96th & Gray for Martin Marietta.
We will need a cert for all 7 of the rights -of -entry since they are all under separate LI -Cs.
1. P1; (96th & Delegates Row) Wood Mortgage RE, LLC
2. P13; The Tom Wood Irrevocable Trust
3. P18 & 18A; TW Investments, LLC
4. P32; Wood Lexus RE, LLC
5. P33; JIW Holding Company, LLC
6. P38; Wood Jaguar RE, LLC
7. P40; Wood Porsche RE, LLC
Steve, please understand that we did not offer that up to them, it was an ask from the Tom Wood
Group.
Thanks, all.
Chris Ogg, PE
Assistant City Engineer
Carmel Engineering Department
One Civic Square
Carmel IN, 46032
0: 317.571.2436
C: 317.945.7777
coge(a)carmel.in.gov
`.A Please consider the environment before phruing this a -mail
This e-mail and any attachments thereto, are intended only for use by the addressee(s) named
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