HomeMy WebLinkAboutRieth-Riley/Eng/CO #3/96th and Delegates Row RAB – Project #16-ENG-33 City of Carmel Project 16-ENG-33
96th Street and Delegate Row RAB
CHANGE ORDER #3
Parcel#4—Precedent Countryside Acquisitions. LLC
As part of the City of Carmel's Right-of-Way negotiations with Precedent Countryside Acquisitions, LLC.
It is requested as part of the Temporary Highway Easement Grant,that Precedent Countryside Acquisitions,
LLC,the property owner of Parcel#4 on the Southeast corner of 96th St. and Delegates Row is to be added
as an additional insured to the contractors(Rieth-Riley)insurance policy for project I6-ENG-33(96th Street
and Delegates Row RAB).
See attached document (Attachment#1) for additional language pertaining to this agreement.
This change order is a zero dollar/zero-time change order, but is being generated to document the request.
Contract Price prior to this Change Order $1,483,378.49
Contract Price will be increased/decreased by this Change Order $0.00
New Contract Price including this Change Order $1,483,378.49
Amount Adjusted Contract Cumulative%Change
Price from Original Contract
Original Contract $1,480,798.49 $1,480,798.49 N/A
COI—In-Line BMP $2,580.00 $1,483,378.49 0.17%
Storm Water Bond
CO2—Wood Mortgage $0.00 $1,483,378.49 0.17%
Add Insured
General Oblig. Bond
CO3—Precedent Add $0.00 $1,483,378.49 0.17%
Insured
General Oblig. Bond
CITY OF CARMEL
TO: CONTRACT CHANGE ORDER NO.: 3
Chris Ogg DATE: 4/17/2019
One Civic Square PROJECT NAME: 16-ENG-33
Carmel, IN 46032 CITY REQ.NO.: N/A
CITY PO NO.: 100520 -General Obligation Bond
CITY PO DATE: 6/22/17
I. You are directed to make the following changes in this Contract:
(Brief Description)
Parcel #4—Precedent Countryside Acquisitions, LLC
As part of the City of Carmel's Right-of-Way negotiations with Precedent Countryside
Acquisitions, LLC. It is requested as part of the Temporary Highway Easement Grant, that
Precedent Countryside Acquisitions, LLC, the property owner of Parcel #4 on the Southeast
corner of 96th St. and Delegates Row is to be added as an additional insured to the contractor's
(Rieth-Riley) insurance policy for project 16-ENG-33 (96t1i Street and Delegates Row RAB).
See attached document(Attachment#1) for additional language pertaining to this agreement.
This change order is a zero dollar/zero-time change order, but is being generated to document the
request.
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR(-)DAYS
N/A $0.00 0
El. The following referenced Documents further describe the changes outlined in Paragraph 1,and
are to be considered a part of this Change Order: R.F.P.: N/A W.D.C.No.: N/A
Other:
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $ 1,483,378.49
Contract Price will be increased/decreased by this Change Order $_0.00
New Contract Price including this Change Order $_1,483,378.49
Contract Time Prior to this Change Order 74 Days—10/13/17 _Completion Date
AR—6
Version 2016-08-31
Net increased/decreased resulting from this Chanee Order 0 Days
Current Contract Time including this Change Order 74 Days 10/13/17 Completion Date
This Change Order is for full and final settlement of all direct. indirect. impact costs and time
extensions incurred at any time resulting from the performance of the changed work.
The Above Chanees Are The Above Changes Arc V1,611- 6611
Ap roved:
Recommended Accepted:
CHA Rieth-Riley Construction Co., Inc.
ENGINEER CONTRACTOR P Braii ' Mar-'f /
300 S. Meridian Street 1751 W. Minnesota Street /v /�
411,
Address Address Ma , fem.ipp r
Indianapolis. IN 46225 Indianapolis. IN 46221 \
Lori'W. ,.-e,}' a•mber
-I
City/State/Zip City/State/Zip Jer -.-k.- maCity
ngineer
By'= By: ATT S •
�-- V /}--
Phone: It-407 -3 7 6,0 Phone: 31 - -6,3+ 564,1
istine S. Paul .Clerk-
Dale: 4 l s(19 Treasurer
Date: 4•/$. 11 Date: ��y
AR-6
version 2U I n-u8-31
Attachment 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 6, 2017 requires Vendor to procure and maintain in full force 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 Temporary Highway Easement by Precedent Countryside Acquisitions, LLC dated
November 12, 2018 ("Easement")to Parcel#4 further described and outlined in the
Easement as Parcel 4A and Parcel 4B ("Easement Parcel").
Vendor acknowledges that to diligently pursue and complete its scope of work under the
Agreement, it will also need to enter the Easement Parcel.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 Easement Parcel:
Precendent Countryside Acquisitions, LLC
Indemnification: Vendor shall indemnify and defend the above entities owning and
operating within the Easement Parcel 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 Easement Parcel.
Limitation:Additional Insured status for the entities owning and operating within the
Easement Parcel is not extended to, and shall not cover, claims resulting from the
negligence or misconduct of the above-named Precedent Countryside Acquisitions,
LLC.
A201900007827
01/25/2019 02:10 PM
KATHERINE SWEENEY BELL
MARION COUNTY IN RECORDER
FEE: $35.00
PAGES: 7
By: ER
TEMPORARY HIGHWAY EASEMENT GRANT
(GENERAL)
Form T-3 Project: 16-ENG-33
Revised: 07/2014 Code: NA
O Parcel: 4A,4B
THIS T MPORARY HIGHWAY EASEMENT (this "Agreement"), entered into this
I2 day of NQVum 19-e,r , 2018 (the "Effective Date"), between PRECEDENT
COUNTRYSIDE ACQUISITIONS, LLC, a Delaware limited liability company ("Grantor"),
and CITY OF CARMEL, INDIANA("Grantee")of One Civic Square, Cannel, Indiana 46032:
WITNESSETH
Grantor grants to Grantee, for and in consideration of the sum of Ten and 00/100 Dollars
($10.00) (of which said sum $0.00 represents land improvements acquired and $10.00 represents
land temporarily encumbered and damages) and other valuable consideration, a temporary
easement to enter upon and have possession of the Real Estate of the Grantor for the purpose of
grading, curb reconstruction, storm sewer and sidewalk construction, which said work is
incidental to the construction of the highway facility known as 96th Street & Delegates Row and
as Project I6-ENG-33 ("Project"), which said Real Estate is situated in the County of Marion,
State of Indiana, and which is more particularly described in the legal description attached hereto
as Exhibit "A" ("Easement Area"). The parties acknowledge that this Agreement grants only a
temporary easement; as such, to the extent that Grantee intends to make any permanent
improvements in the Easement Area, Grantee's rights to do so, if any, must be under other valid
easements (such as utility easements), as no such rights are granted under this Agreement. The
temporary easement granted hereby shall be extinguished, become void and revert to the Grantor
and/or the Grantor's successor in title automatically upon the earlier to occur of: (i) completion
of the said Project; or(ii) October 1, 2021. Such extinguishment will occur automatically, but in
addition, Grantee shall further evidence said extinguishment by a release document reasonably
satisfactory to Grantor, which shall be executed and recorded by the Grantee within ninety (90)
days after the earlier of such dates at no cost to the Grantor.
Grantee and its agents, servants, employees, consultants, contractors and subcontractors
(collectively, "Grantee's Agents") have the right to enter upon the Easement Area for the
purposes permitted by this Agreement. Grantee and Grantee's Agents will enter upon the
Easement Area at their sole risk and hazard, and Grantee and its successors and assigns, hereby
release Grantor from any claims relating to the condition of the Easement Area and the entry
upon the Easement Area by Grantee and Grantee's Agents, excluding any claims related to any
affirmative action taken by Grantor or Grantor's Agents.
Grantor hereby reserves the right to use the Easement Area for any use not inconsistent
with Grantee's permitted use of the Easement Area.
Grantee accepts the Easement Area and all aspects thereof in "as is," "where is"
condition, without warranties, either express or implied, "with all faults," including but not
1
limited to both latent and patent defects, and the existence of hazardous materials, if any,
provided that Grantee shall not have liability for such existing hazardous materials. Grantee
hereby waives all warranties, express or implied, regarding the title, condition and use of the
Easement Area, including, but not limited to any warranty of merchantability or fitness for a
particular purpose.
Grantee will use commercially reasonable efforts to avoid and minimize causing any
damage to the Easement Area and the improvements and vegetation as may exist thereon except
as necessary to complete the Project, and to minimize disruption to the business operations on
the Grantor's remaining property. Grantee will, at Grantee's sole cost and expense, remove all
debris and garbage resulting from the Project from the Easement Area on a semi-weekly basis.
Grantee shall promptly repair any damage to the Easement Area caused by Grantee and/or
Grantee's Agents, and shall restore the Easement Area and the improvements thereon, to the
same or better condition as they existed prior to any entry onto or work performed on the
Easement Area by Grantee and Grantee's Agents.
Grantee will comply with all applicable laws, statutes, codes, acts, ordinances, rules and
regulations applicable to the Project.
Grantee agrees to use best efforts to keep the Grantor's Parcel free from any lien arising
out of any contracted work performed or materials furnished. Should any such lien arise, Grantee
shall have it released of record or bonded over to Grantor's reasonable satisfaction within 30
days at Grantee's sole cost.
Except for any existing environmental condition or Hazardous Materials (as defined
below) present on, in, over, under, or within the Easement Area, Grantee will not cause or permit
the escape, disposal or release of any Hazardous Material (as defined below) onto, on, within,
under or into the Easement Area or Grantor's Parcel. Except for customary materials in
customary quantities as necessary for the Project (and in all cases in compliance with all
applicable laws, statutes, codes, acts, ordinances, rules and regulations), Grantee will not cause
or allow the storage or use of Hazardous Material on the Easement Area or Grantor's remaining
property. For purposes hereof, "Hazardous Material" means any substance, chemical, waste or
material that is or becomes regulated by any federal, state or local governmental authority
because of its toxicity, infectiousness, radioactivity, explosiveness, ignitability, corrosiveness or
reactivity, including, without limitation, the following: oil and petroleum products and synthetic
gas usable for fuel, pesticides regulated under FIFRA, asbestos, and polychlorinated biphenyls.
For purposes of this Lease, "Environmental Laws" means the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.); the Clean
Air Act, the Clean Water Act; the Water Quality Act of 1987; the Federal Insecticide, Fungicide,
and Rodenticide Act ("FIFRA"); the National Environmental Policy Act; the Noise Control Act;
the Safe Drinking Water Act; the Superfund Amendments and Reauthorization Act of 1986; the
Resource Conservation and Recovery Act(42 U.S.C. Section 6901 et seq.);the Toxic Substances
Control Act; or any other and all other governmental laws, codes, rules, and regulations relating
to the environment or hazardous materials or substances; in each case as such acts may be
amended from time to time; or any applicable state or local laws, and the regulations adopted
under these acts.
2
No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any rights or remedy for a breach of this
Agreement will constitute a waiver of any such breach or of such right or remedy or of any other
covenant, agreement, term, or condition. The rights and remedies of any of the parties stated
herein are not intended to be exclusive, and the exercise of one or more of the provisions of this
Agreement does not preclude the remedy or a breach or threatened breach of any provision
hereof. The respective rights and obligations hereunder will be enforceable by specific
performance, injunction, or other equitable remedy, but nothing herein contained is intended to
or will limit or affect any rights at law or by statute or otherwise of any party aggrieved as
against the other party for a breach or threatened breach of any provision hereof, it being the
intent of this paragraph to make clear the agreement of the parties that the respective rights and
obligations of the parties hereunder will be enforceable in equity as well as at law or otherwise.
Each individual executing this Agreement represents and warrants that he or she has been
duly authorized by appropriate action of the entity or governing body of the party for which
he/she signs to execute and deliver this Agreement in the capacity and for the entity set forth
where he/she signs and that as a result of his/her signature, this Agreement shall be binding upon
the party for which he/she signs.
Prior to taking physical possession of the Easement Area and prior to expiration of the
applicable insurance policy, Grantee shall provide to Grantor evidence of the existence of
general commercial public liability insurance, reflecting either Grantee or its project contractor,
as insureds, and Grantor, as an additional insured, in any such circumstance providing insurance
for the benefit of Grantee with respect to all activities to be undertaken pursuant to this
Agreement, with limits of not less than Two Million and 00/100 Dollars ($2,000,000.00) per
person, and Five Million and 00/100 Dollars ($5,000,000.00) per occurrence. Such insurance
shall be written by an insurance company licensed to do business in the State of Indiana, and
shall not be cancellable upon less than thirty (30) days prior written notice to Grantor. Such
liability insurance shall be primary to and not contributory to any other insurance maintained by
Grantor. Coverage must be on an occurrence basis and may not be written on a claims-made
basis.
In the event Grantee fails to comply with the provisions of this Agreement, and if Grantee
fails to promptly commence the cure thereof, or Grantee fails to cure such default within a
reasonable period of time (but in no event longer than sixty (60) days, subject to weather and
other force majeure events, if applicable) after Grantor delivers notice thereof to Grantee,
Grantor shall have ail rights and remedies available to it under applicable law.
Grantee shall indemnify, defend and save Grantor and Grantor's agents and their
respective officers, directors, beneficiaries, shareholders, partners, employees, agents, and
contractors harmless from any and all claims, actions, causes of action, liability, loss, damage,
cost, obligation and expense (including, without limitation, reasonable attorneys' fees) which
arises out of or results from claims by third parties based on actions or omissions of Grantee, its
agents, employees, contractors, subcontractors (at any tier), licensees or other party claiming by,
through or under Grantee occurring in or about the Easement Area or in connection with the
Project, including, without Limitation,work-related injuries and insurance subrogation claims.
3
The said Grantor and Grantee acknowledge that all provisions of this grant of temporary
easement are as stated and set forth herein and that no verbal agreements or promises exist with
respect thereto. This Agreement and the provisions hereof will run with the land.
This temporary conveyance is subject to any and all easements, conditions and
restrictions of record, all applicable laws, and all applicable real estate taxes and assessments.
However, the said Grantor, for the purpose of inducing the City of Carmel, Indiana to accept this
grant and to pay the hereinbefore referenced consideration, represents that the Grantor is the
owner in fee simple of the Real Estate.
IN WIIT�N�rSS WHEREOF, the said Grantor has executed this instrument this I2Y 'day
of \N 0 vczyloGr , 2018.
Precedent Countryside Acquisitions,
a Delaware limited liability company
By: f� By:
Signat e / - l Signature
Craw - 20)at- . •n a
Printed N e and Title Printed Name and Title
STATE OF )
al
SS:
COUNTY OF )
Before me, a Notary Public in and for said State and County, personally appeared
ezeAl y G. ,z% , known to be the Pr hoe.i pa._J of the Grantor in the
above conveyance, and acknowledged the execution of the same on the date aforesaid to be
his/her/their voluntary act and deed and who, being duly sworn, stated that any representations
contained therein are true.
Witness my hand and Notarial Seal this kW day of , 20I 8.
•
Signature a-st-t.)Al...4[..G.
Printed Name //dfit/E A�.@/E e)6431/
My Commission Expires oZ)?
a_[esident of County.
COMMONWEALTH OF PENNSYLVANIA
= 1
i. 3%yw NOTARIAL SEAL
Anne Marie Bryan,Notary Public 1
_ =ram City of Philadelphia,Philadelphia County J
4 My Commission Expires Jan.29,2021
MEMBER,PENNSYLVVNIAASSOraArON OP NOTARIES
This instrument was prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3rd Avenue SW,
Suite 210, Carmel, Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number from this document, unless it is required by law. Tammy K.
Haney.
Grantee Tax Mailing Address:
One Civic Square
Carmel, Indiana 46032
5
EXHIBIT A
EASEMENT AREA
PROTECT: 16-1311g.33,96tlrannd Delegates'Row _S1 t I qf'-1
PARCEL NO:: 4A"-Temporary Right.of Way
A part of the 11orehweat'Qouter or Section 1.7;Township'17 North.'Range 4'' ..• OW. Yr
Indiana, described as follows:Commencing at the north' .dormer of said quartier.soction;,ther¢e South.0'
degrees 16-minutca 51'seconds West 55.00' fret along the etrat..iige:of`aaid: aeatj to"the northeast
Comer of the - s, _ gip,'
giarttor!3 lead wiitch;pomt.is on the south borntd of`9¢r'Sheet;thence'Nort`h�. 30
minutes 17 seconds West I27.05.feet along said bonadary-to the podht-df begsaing.ofthis de scsiptio thence
South 74 degrees'14'minute's 06r seconds West 125:00`feet;tlltttce;South 3A'de es•54 tnintues 11 seconds
West 86.82 feet;thence South'0 degrees 16-Minutes 51 seconds West;11QA0 feet,thence.Noith 89 tiggrees'43
minutes'09 seconds West 33.00 feet do t'he west ha of said.grantoea lad Wane North 0-aegrem 16.minutes
51 seconds-East 100,00 Set along said line;thence.South 89 degrees 43 minutes:09 seoondsEesst23.00'Beet;.
thence North 0 degrees 16:tainutes 51 seconds East 10.00'feet;threncedrIorth 32 degrbes151si1nutea 19-seotasds.
Beet-100.60 feet;'thence degrees 06 minutes-i seconde.East88.60.fret tosaid.soutfiibpundary,of=9e
Street; thence South-=89°degrees.30 minutes 1:7 seconds East'35.00':feet along'.said bouridary'to tber.pbint of
begtnrtiog-arid containing 0.117arses,more one's.
•
Thies description was preitercd,fm-the City of Carmel
Board of Public Wor?ce.by rrecfL:Bengt,Indiana
j'f4eRegistered,��an�d Surveyot,,License Number I:380040408.
on the.2.e day bt' tn'l tatr y2017 F Eepge�C 1!
Page 1 of 2
PROJECT: 16-Eng-33,96th and Delegates Row Sheet 1 of 1
PARCEL NO.: 411-Temporary Right of Way
A part of the Northwest Quarter of Section 17, Township 17 North, Range 4 East, Marion County,
Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0
degrees 16 minutes 51 seconds West 55.00 feet along the cast line of said quarter section to the northeast
corner of said grantor's land which point is on the south boundary of 96h Street and the point of beginning of
this description; thence continuing South 0 degrees 16 minutes 51 seconds West 30.00 fret along said line;
thence North 89 degrees 30 minutes 17 seconds West 77.76 feet;thence North 0 degrees 29 minutes 44 seconds
East 30.00 feet to said south boundary of 96e'Street;thence South 89 degrees 30 minutes 17 seconds Fast 77.65
feet along said boundary to the point of beginning and containing 0.054 acres,more or less.
QirZ \STER O
G F
if 4". NO,
I, SQ40
This description was prepared for the City of Carmel
Board of Public Works,by Fred L.Benge,Indiana
Registevci 3 nd Surveyor,yLicense Number LS80040408,
on the 4' day of s-1 (At y,2017 Fred L.Benge
Page 2 of 2