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Home My WebLink AboutBPW 080608 Paperless PacketCity of Carmel Board of Public Works and Safety Meeting August 6, 2008 10:00 A.M. Diana L. Cordray, Clerk Treasurer City of Carmel Office of the Clerk-Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, AUGUST 6, 2008 AT 10:00 A.M. COUNCIL CHAMBERS CARMEL CITY HALL ONE CIVIC SQUARE NOTICE IS HEREBY GIVEN THAT THE CITY OF CARMEL BOARD OF PUBLIC WORKS WILL HOLD A MEETING ON WEDNESDAY, AUGUST 6, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS CITY BUSINESS. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 b. Request for Purchase of Goods and Services; Fredrick Contractors; $9,820.00) Jeff Barnes, Facilities Maintenance c. Request for Purchase of Goods and Services; The Snider Group; (Bid Award $5,386,618.91); Michael McBride, City Engineer d. Request for Purchase of Goods and Services; Harco Paving; (Bid Award $97,895.09); Michael McBride, City Engineer e. Request for Purchase of Goods and Services; Konica Minolta; ($1,007.00); Michael McBride, City Engineer f. Request for Purchase of Goods and Services; Duncan Robertson, Inc.; (Bid Award-$813,266.40); Michael McBride, City Engineer g. Request for Purchase of Goods and Services; Yardberry Landscape; Carmelview, Eden Glen, Westfield Blvd; Change Order No.1 (FINAL) (Increase-$4,461.04); Mike McBride, City Engineer h. Request for Purchase of Goods and Services; Becker Landscape; 116th and 126th Roundabouts; Change Order FINAL; (Increase $25,334.42); Mike McBride, City Engineer I. Request for Purchase of Goods and Services; E&B Paving; Grand Boulevard; Change Order #1 (Increase $153,099.00); Mike McBride, City Engineer j. Request for Purchase of Goods and Services; Schutt-Lookabill; Monon Bridge over Carmel Drive; Change Order #1; (Increase $8,403.52); Mike McBride, City Engineer 4. USE OF CITY FACILITIES/STREETS a. Request to Use City Streets; Bike Race; Sunday, August 17, 2008 from 12:30 p.m. to 6:30 p.m.; Benga Sports, LLC b. Request to Use City Streets; Run/Walk; Sunday, September 7, 2008 from 8:30 a.m. to 10:30 a.m.; Northview Christian Life Church c. Request to Use Council Chambers; Meeting; Wednesday, September 24, 2008 from 6:30 p.m. to 9:00 p.m.; Carmel Station HOA d. Request to Use Gazebo and Common Grounds; Reception; Saturday, September 13,2008 from 1 :00 p.m. to 12:00 a.m.; Paul and Kimberly Bottorff e. Request to Use Gazebo and Common Area; Picnic and Concert; Sunday, August 24, 2008 from 2:00 p.m. to 8:30 p.m.; Central Christian Church 5. OTHER a. Report of Final Inspection; Carmel Streetscape 4th and Main street Roundabout; Mike McBride, City Engineer b. Request for Dedication of Public Right of Way; Staybridge Suites; Chris Laystrom, Woolpert, Inc. c. Request for Acceptance of Accuracy of Legal Description; Michael McBride, City Engineer d. Request for Water Availability; Irwin Union Bank. City Center Drive; Michelle Meshanko, Paragon Development e. Request for Water and Sanitary Sewer Availability; Carmel Office Park, Building #4; Dale Sollenberger, Sollenberger Partners BOARD OF PUBLIC WORKS & SAFETY MEETING MINUTES WEDNESDAY, JULY 16,2008 -10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Mayor Brainard called the meeting to order at 10:02 a.m. MEMBERS PRESENT Mayor James Brainard; Board Member, Mary Ann Burke, Lori Watson,· Deputy Clerk Treasurer Sandra Johnson and Ann Davis. MINUTES The Minutes Jor the July 2, 2008 Regular Meeting were approved 3-0 BID OPENING/ AWARDS Bid Opening for the Main Street and Guilford Road Side-paths Project; Mayor Brainard opened and read the bids aloud. Company Amount Alternative Harvey Construction $859,271.00 $847,112.00 Calumet $667,715.00 $649,505.00 The bids were given to Mike McBride, City Engineer, Jor review and recommendation. Bid Opening for the 131S( Street bids aloud. Company Atlas Excavating E&B Paving Milestone Reith Riley Calumet Snider Group Sunesis Crider & Crider Ditch to Springmill Project; Mayor Brainard opened and read the Amount $6,161,616.16 $6,035,635.38 $7,724,000.00 $5,648,328.00 $5,895,000.00 $5,386,618.82 $6,398,663.40 $5,888,762.65 The bids were given to Mike McBride, City Engineer, Jor review and recommendation. Request for Purchase ofGoods and Services,· Milestone Contractors; Old Meridian Street,· Change Order #43,· (Increase $3,257.79),· Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Purchase ofGoods and Services,· Milestone Contractors; Old Meridian Street; Change Order #44; (Increase $291.04); Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. REQUEST TO USE CITY FACILITIES/STREETS Request to Use Gazebo and Common Grounds; Walk,· Sunday, October 5,2008,· from 10:00 a.m. to 5:00 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Caucus Room 2/3; Meeting; Tuesday, July 22,2008; from 5:30 p.m. to 8:00 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Close/Use City Streets; Car Club Meeting,· Wednesday, July 16,2008; from 6:00 p.m. to 12:00 a.m.,· Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3 o. Request to Use Gazebo and Common Grounds,· Party,· Sunday, August 3,2008; from 2:00 p.m. to 6:00 p.m. ,. Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use Gazebo and Common Area,· Wedding; Thursday, September II, 2008,· from 6:00 p.m. to 7:00 p.m. (Rehearsal); Fridav, September 12,2008 from 9:00 a.m. to 12:00 a.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. OTHER Request for Consideration ofPetition in Opposition; Hunters Creek Village Street Light Project,· Cynthia Massie, 14524 Saddle back Drive, addressed the Board regarding the needfor the street lights and their concern that the petition against the lights was invalid and untimely. There was brief discussion. Mayor Brainard moved to acknowledge receipt ofthe petition. Board Member Burke seconded. Acknowledged 3-0. Recommendation for Acceptance Approval; 116111 Street and Pennsvlvania Parkway Path Projects; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request [or Water and Sanitary Sewer Availability; Stafford Park Residential Subdivision; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request [or Water Availability,· Staybridge Suites; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Commercial Curb Cut,· Carmel Street Department, East Salt Barn; There was brief discussion regarding the location ofthe cut. Mike McBride, City Engineer, addressed the issue. Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. II J. BOARD OF PUBLIC WORKS & SAFETY SPECIAL MEETING MINUTES TUESDAY, JULY 22, 2008 -10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Mayor Brainard called the meeting to order at /0:02 a. m. MEMBERS PRESENT Mayor James Brainard; Board Member, Mary Ann Burke, Lori Watson: Clerk Treasurer, Diana L. Cordray; Deputy Clerk Treasurer, Sandra Johnson. BID OPENING/AWARDS Bid Opening for the Carmel Drive/Adams Street Path Project: Mayor Brainard opened and read the bids aloud Company Amount Yardberry $ /07,600.00 Rieth Riley $ 174,682.00 Harco Asphalt $ 97,895.09 Calumet $1l4,825.00 Grady Brothers $ 122,750.00 The bids were given to Michael McBride, City Engineer, Jor review and recommendation. Bid Opening [or the Rangeline Road Bridge Replacement,' Company Amount Duncan Robertson $813,266.40 The bids were given to Michael McBride, City Engineer, Jor review and recommendation Bid Opening [or the Miscellaneous West Side Road Improvements,' Company Amount Alternate Rieth-Riley $/,248,720.00 $388,737.00 Poindexter $1,100,500.10 $322,293.60 The bids were given to Michael McBride, City Engineer, Jor review and recommendation NOTICE TO BIDDERS CITY OF CARMEL Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana, will receive sealed bids for up to 150 sets of Firefighter Turnout Gear/PPE until 10:00 a.m. local time on August 6th , 2008 at the office of: CJerk-Treasurer, City of Carmel, One Civic Square, Carmel Indiana. Bids will be opened and read aloud on August 6th , 2008, at 10:00 a.m. local time Board of Public Works Meeting, in the Council Chambers at the same address. No Late Bids Will Be Accepted. Bids must be good for 90 days. All bids must be submitted on the State Board of Accounts approved F onn #96A. The bid envelope must be sealed and have the words "Turnout Gear Bid" in the lower left hand comer. All bidders must file a Non-Collusion Affidavit, and all exceptions or changes must be listed on a separate page. The Cannel Board ofPublic Works and Safety reserves the right to reject any and all bids. A copy of specifications may be obtained at: Carmel Fire Department Two Civic Square Carmel, Indiana Diana L. Cordray, Clerk-Treasurer Publication Dates: NOTICE TO BIDDERS CITY OF CARMEL Sealed Bids for the City of Carmel, Indiana, 2008 Street Department Trucks, will be received by the City of Carmel, Indiana, ("Owner") at the office of the Clerk Treasurer in City Hall, One Civic Square, Carmel, Indiana 46032, until 10:00 am, local time, on August 6, 2008 and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall NO LATE BIDS WILL BE ACCEPTED. 2008 Street Department Trucks 2 (Two) New 2009 0/. Ton 4-Wheel Drive Pick Up Trucks Depending On Trade-In 2 (Two) New 2009 One Ton 4-Wheel Drive With Rear Duals & Dump Body Depending on the amount given for trade-in, the quantity for pickups could be adjusted to one. Trucks to be traded: 1 (One) 2001 GMC One Ton Dump Truck With Snow Plow (Trk #54) General Form No. 96 must be completed and filed as a part of the bid package. All bids are to be sealed with the word "BID -2008 STREET DEPARTMENT TRUCKS" on the lower left hand corner of the envelope. Bids will be opened and read aloud at 10:00 A.M. on August 6th , 2008 at the Board of Public Works and Safety meeting on the 2nd floor of Carmel City Hall, One Civic Square, Carmel, IN . All persons interested in bidding shall register a contact name and address with the Street Department to ensure that all changes or questions and answers are available for review by all interested parties. The specifications are set forth in detailed documents on file at the Carmel Street Department, 3400 W. 131 st Street, Westfield, IN 46074. Questions regarding this solicitation must be written and delivered to the Carmel Street Department. All responses will be written and made available with the specifications at the Street Department. Please call the Street Department to confirm whether or not any such written questions and/or responses exist. The submitted proposal must be in compliance with IC 36-1-9 et seq. The Board of Public Works and Safety reserves the right to reject any and all bids. Diana L. Cordray , Clerk-Treasurer Please publish July 11th and July 18th, 2008. NOTICE TO BIDDERS CITY OF CARMEL, INDIANA Sealed Bids for the City of Carmel, Indiana, 141 sT STREET WATER MAIN EXTENSION, DITCH ROAD TO IVY BRIDGE DRIVE, will be received by the City of Carmel, Indiana, ("Owner") at the office of the Clerk Treasurer in City Hall, One Civic Square, Carmel, Indiana 46032, until 10:00 am, local time, on August 6, 2008. The Bids will be publicly opened and read by the Board of Public Works and Safety at 10:00 am on August 6, 2008 in Council Chambers at City Hall. The Bid should be clearly marked "BID ENCLOSED 141 sT STREET WATER MAIN EXTENSION" on the outside of the envelope, and as otherwise set forth in the Bid Documents. NO LATE BIDS WILL BE ACCEPTED. In general, the work shall include the installation of approximately 1,895 feet of 8-inch ductile iron pipe and 20 feet of 12-inch ductile iron pipe with related valves, fittings, hydrants, and appurtenances, plus all grading, seeding, erosion control, and site restoration for a complete installation. Copies of the Bidding Documents may be examined at the office of the Utility Manager at 760 Third Ave SW, Carmel, Indiana, or at the office of M.D. Wessler & Associates, Inc., ("Engineer") 6219 South East Street, Suite A, Indianapolis, Indiana, 46227 without charge. Copies may be obtained from the latter office upon the receipt of a non-refundable check of $50.00, made payable to M.D. Wessler & Associates, Inc., for each set of Bidding Documents. Bids must be submitted on the forms found in the Bid package, must contain the names of every person or company interested therein, and shall be accompanied by a Bid Bond in the amount of 10% of the amount bid with satisfactory corporate surety or by a certified check on a solvent bank in the amount of the Bid , subject to Revised Form 96 conditions provided in the Instructions to Bidders. The successful bidder will be required to furnish satisfactory Performance and Payment Bonds in the amount of 100% of the Bid . Any Bid may be withdrawn prior to the scheduled closing time for receipt of Bids, but no bidder shall withdraw his Bid within 45 days after the actual opening thereof. The Owner reserves the right to reject and/or cancel any and all Bids, solicitations and/or offers in whole or in part as specified in the solicitation when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2. The Owner also reserves the right to waive irregularities in any Bid, and to accept any Bid which is deemed most favorable to the Owner. Diana Cordray Clerk Treasurer City of Carmel, Indiana Publication Dates: July 11 and July 18,2008 r c JAMES BRAINARD, MAYOR Members of the BPW, This contract is to cover the electricity and maintenance cost of a street light being replaced at 3655 Bridger Dr. North. This is one of the lights that was old and on a frozen rate from Duke Energy. Once these lights get beyond repair Duke Energy removes them and do not replace them. The homeowners are covering the cost ofthe new pole and installation. The cost of the maintenance will be handled through the Carmel Street Department. Tff~ &!v~Huffman Street Commissioner CAI{,\-IEI. STJ<f-:ET DEI'AlrrMF.;\T .1400 W. 131sT SnUTT. \XiFSTrJEW. IN "J6074 OFFleF: 317733.2001 f !\x 317733200') ---------------------------- - , -·-·-·-------------~T -----------_.._ ~reement Information Energy and Maintenance I CM -00988566 5/28/2008~. I Agree"",,, Number -AgroolT8nt Covwage CLI'rent Dace 9900330001 105,683 I 100 j CP5 1 562 I ZE085PIOLE SULP Customer A ccourt NurrtJer Request Numb,.. I Corp. I CPCentw I LOC I Work Code Rate Code -" -- OUTDOOR LIGHTING SERVICE AGREEMENT Duke Energy Indiana, Inc. 1000 East Main Street, Plainfield, IN 46168 "DUke'Energy., -- Business Name Customer Name City of Carmel The ~reement begins when Service is Service Location or Subdivision Briar Lane Estates in operation and continues , with annual Service Addres s :1f)SS Rrirlnp.r nr N extens ions, until either party term inates Service Addres s with written notice to the other party. Service City, State, Zipcode Carmel liN J 46033 I Mailing Name Dave Huffman Third Party Participant -One Time Payment Mailing Business Name City of Carmel Mailing Address 3400 W . 131st St. Mailing Address Mailing City, State, Zipcode Westfield I IN I 46074 This Company-ow ned lighting system or light(s) involves three billable components . These components are: (1) initial Equipment and installation costs; (2) Energy usage; and (3) Maintenance/operating costs. A third party has satisfied Equipment corrponent. This Agreement w ill cover the Energy usage and Maintenance, and will continue for the service life of the lighting systemor light(s). Rease see attached drawing or Exhibit "A" for the proposed placement of lighting equipment. WITNESSETH: WHEREAS, Customer desires to have a Corrpany-ow ned outdoor lighting system ("System") on designated property; and WHEREAS, Company has the ability to ow n, install, operate and rraintain an outdoor lighting system; NOW THERETORE, in consideration of the mutual covenants contained herein, the parties agree as follow s: Below is the estimated monthly amounts for the lights and poles covered by this Agreement. ITEM # LUMINAIRE STYLE/DESCRIPTION LAMP WATIS LAMP SOURCE IMPACT WATTS EST ANNUAL KWH -EST ENERGY CHG EACH MAINT·OPER CHG EACH NUMBER OF LIGHTS ·ESTIMATED LINE TOTAL 1 Traditionaire, 150W HPS (50110443) 150 HPS 0.186 744 $ 2.81 $4.04 2 $ 13.70 Lamp Source -MH =Metal Halide, HPS =High Pressure Sodiur MONTHLY TOTALS 2 $ 13.70 • Tariff riders and sales tax are not included and rray cause the rronthly arrounts to fluctuate. ww The Energy rray also be METERED. If Energy usage is metered, the inforrration above is superceded by the METERED usage and charges. In addition to the luminaire information with estimated monthly amounts shown above, please refer to Pole Information in Section 1 -A hereof, Ene rgy Usage in Section 1 -B and System Mainte nance inform ation in Section IV for further details. IN WITNESS WHEREOF, the parties hereto have caused tw 0 copies of this Lighting Service Agreement ("Agreement") to be executed by duly authorized representatives, effective the Current Date first written above. This Agreement is rrade and entered into by the subsidiary of CNke Energy Corporation, a Delaware corporation, named above (hereafter, "Corrpany") and the Customer. Neither CNke Energy Corp. nor any of its other affiliated corrpanies are parties to this Agreement. AND Customer I Representative Signature Signature Printed Name Shawn South Printed Name _________________ Date 5/28/2008 Date Kmore space is required for addilional Cuslomer signalures, please allach a daled leller wilh signatures on il and reference Ihis Agreement. , OUTDOOR LIGHTING SERVICE AGREEMENT SECTION I. EQUIPMENT AND INSTALLATION 1.1 In accord ance with cond itio ns set forth he rein, Com pany agrees to ins tall for Cus tom er all neces sa ry equipm ent to provide, operate and maintain the System . 1.2 Adetail of the locations of the equipment constituting the System is set forth in a drawing or print marked "EXHIBIT A", which is attached hereto, made a part hereof and incorporated herein by reference . 1.3 In addition to the Lum inaires set forth on page 1, the System consists of the following poles: A. Pole Information (m onthly charges included with lurn inaires on page 1) ITEM# POLE DESCRIPTION I~M QUANTITY 1 12 FT Rnd .FBG, Blk 01(807274) 2 TOTAL NUMBER OF POLES 2 B. Energy Usage -Based on the appropriate State Utility Regulatory Commission approved rates. Current Rate per kWh $ 0.045387 Rate Effective Date 05/24/2004 Estimated Annual Burn Hours 41000 'CA LCULA TION FOR ESTIM A TING UNM ETERED EN ERGY USA GE Impaci WailS =The energy used by Ihe lamp walts plus baliasl watts a. Impacl walts limes eslimated Annual Burn Ho urs as c. A nnual kWh divided by twelve (12) months equals shown In lines above equal annual walt hours. mo nthly kWh. b. Annual walt hours divided by 'KlOO hours equals annual d. MonthlykWh times currenl rate per kWh equals the kilowatt hours (kWh). monlhl~doliar amount for each item. "Tariff riders and sales tax are not included, which may cause the amounts to fluctuate . LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE) Co mpanyhas installed the System In accordance With Custo mer's specifications co ncerning the deSign and layo ut (including pole locations, number and types 0 flights). Company has no t deSigned the System . Customer is responsible for all aspects of the deSign and layo ut of tlI8 System. Custo mer understands Ihat its deSign and layo ut a flhe System may no t be in accordance with minimum foo tcandle and lighting uniformily slandards Therefore, Cusfo mer agrees to release, indemnify, ho Id harmless. and defend Company from and against anyand al/ claims, demands, causes of action. liabilltiss. /osses. damages, andlor expenses resutting from (or alleged to rsswu/t fro m) the design andlor tayout of the System. including damage to or destructio n of perso nal property parso nal Injuries including dealh}. and reaso nable attorneys' fees. Customer's Signature Date IPAGE 2 OF 4 I OUTDOOR L1GHTtNG SERVICE IREV 4/2006 IACCOUNT # I AGREEM ENTI IOATIj --~ OUTDOOR LIGHTING SERVICE AGREEMENT , SECTION II. -CUSTOMER OPTIONS FOR SYSTEM damage will be performed on a time and material cost basis. in which instance OPERATING HOURS ALL HOURS OF OPERATION FOR ANY OPTION MUST BE BETWEEN THE HOURS OF DUSK·TO-DAWN (ONE HALF HOUR AFTER SUNSET TO ONE HALF HOUR BEFORE SUNRISE) TO QUALIFY FOR THIS ENERGY USAGE RA TE. 2.1 Option A is the typical dus k-to -dawn photo electric cell auto matically 0 perated System. Lights turn on approximately 1'2 hour after sunset and shut off 1'2 hour before sunrise. This maybe a monthly estimated energy usage based on luminaire impact wattage and lamp source equally over twelve months (See Section 1-B, above) or metered using actual energy usage plus a monthly metercharge. 2.2 Option B -AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS AND WITH COM PANY APPROVAL. This option is exclusively for seasonal lighted ornaments operated from '120 vO It outlets which are mounted near the top of Company poles. Company reserves the right to approve the ornament weight, size, wattage and attachment arrangements before installation. The ornament weight limit is 25 pounds. Initial costs of wiring, outlets and other associated costs will be borne by the Customeron a time and material basis before being energized. Seasonal ornamental lighting will operate dusk to dawn during the months of November "6th through the following January "6th. The total days of 0 peratio n are approximately 61 2.2.1 After the initial permanent installation of outlets on the poles, the ornaments must be installed and removed seasonally on Company-owned poles between the ho urs 0 f 8:00 a.m. and 5:00 p.m. by a qualified electrician. Once an 0 utlet is installed anyadditional outlet maintenance will result in a Customer charge on a time and equipment use basis and billed on a separate invoice for each occasion. 222 Seasonal Ornamental Lighting estimated wattage for each ornament is limited to 350 watts. The estimated Annual usage is 320-333 Kwh for each outlet. SECTION III. -ENERGY USAGE COST CALCULATION -See Page 1 3.1 Except as otherwise provided in this Agreement, Customer shall payCo mpany the monthly energy charges. Monthly charges are based 0 n estimated unmetered charges using the calculation methods shown 0 n Page 10f this Agreement and adding any energy tariff riders and applicable sales tax. Both unmetered and metered outdoor lighting energy usage charges are based on the per kilowatt hour amount approved by the appropriate State Utility Commission. 32 The" Schedule of Rates, Classifications, Rules and Regulations for Electric Service", and/or General Tenms and Conditio ns of the Co mpany, and all amendments thereto, are filed with and approved by the appro priate State regulaortyentity, (the" Commission") and shall be deemed a part of this Agreement as if fully set forth herein. SECTION IV. -SYSTEM MAINTENANCE 4.1 No rmal maintenance includes the replacement 0 r repair 0 f any item included in the System except seasonal outlets. Maintenance is perfo rmed after notification from the Customer that a problem exists and/orduring a Company scheduled maintenance cycle. Company will stock only the most commo n equipment; acquisition of some repair parts could cause a delay in permanent repair. 4.2 Normal maintenance covers o rdinary wear and tear with pro per use of the System. Repairs or replacements requested as a result Customer-caused an estimate of costs will be provided to the Customer before the work begins. Company reserves the right to charge Customer for repair costs incurred due to vandalism. 4.3 Maintenance does not include partial or full System replacement or majo r repairs due to System age. While many Systems last "6 to 25 years, different types of lighting equipment have different life spans. Lighting equipment suppliers mayalso discontinue manufacture of certain equipment. End of life for a System will be determined by the Co mpany. 4.4 Company reserves the right to update or modify the mo nthly maintenance charges to reflect changes in Company costs for materials and labor no more often than every three years on a Company assigned schedule, which may not coincide with the term of this Agreement. 4.5 Company reserves the right to charge a fee equal to a minimum of one hour labor and transportation costs fortrips to disconnect and reconnect lights in an Company-owned lighting System when requested to do so more times than the Company deems necessary. SECTION V. -PAYMENT 5.1 Customer hereby agrees to payCo mpanythe monthlycosts set forth in acco rdance with the applicable tariff rate for the energy provided fo r the term of this Agreement.The estimated mo nthlyamounts due are summarized on Page 10 f this agreement and are current at the time the Agreement is initiated. A monthly bill will be rendered and due each month in accordance with the applicable tariff rate and payment rules. A ny Custo mer charge that is no t paid in full on or before its due date, shall incur a late fee. 52 Should any change in the energy usage monthly charges be ordered by the Commission, then payments byCustomer to Companyfor this service shall thereafter be made upon the basis of such new rates as changed and approved by the Commission. SECTION VI. -TERM OF AGREEMENT 6.1 Service under this Agreement shall commence as soon as practicable afterthe System is installed and operational. The Company shall notify Customer in writing as to the date on which service will begin. 6.2 The initial tenm of this Agreement, during which Customer shall take and Co mpany shall render service hereunder, shall be in acco rdance wi1h the Option indicated on page 10f this Agreement (" Initial Term" ). Afterthe InitialTenm, this Agreement shall continue in force and effective in successive automatic one-year extensio ns unless terminated by either party upo n sixty (60) days written notice. SECTION VII. -OTHER TERMS AND CONDITIONS 7.1 Other Terms and Conditions set forth in Exhibit "B" hereof are incorporated herein by reference and made a part of this Agreement. 7 2 This Agreement constitutes the final written expression between the parties. It is a co mplete and exclusive statement and supersedes all prio r negotiatio ns, representatio ns, 0 r agreements. either written 0 r 0 ral. with respect to the System. However, no thing herein shall preclude either party fro m co mmencing an actio n for unpaid bills, other damages, or breach of prio r agreements during the time theywere in effect. 7.3 This Agreement. the construction of this Agreement. all rights and obligations between the parties to this Agreement, and any and all claims arising 0 ut of or related to the subject matter of this Agreement (including tort claims). shall be be governed by the laws of the State in which the service is rendered without regard to its conflict of laws provisions. IPAGE 3 OF 4 J OUTDOOR LIGHTING SERVICE ] REV 4/2006 ]ACCOUNT # IAGREEM ENT I [DAT§ " , OUTDOOR LIGHTING SERVICE AGREEMENT EXHIBIT 'B' -OTHER TERMS AND CONDITIONS All System facilities installed byCompanyunderthis Agreement are and 9 shall remain the property of Company. The termination of this Agreement for any reasonwhatsoever shall not in anyway affect such ownership by Company. deprive Companyof the right either to remove anyor all pro perty comprising the System or any part thereof or to use the same inor in connection with the rendering of other service by Company. 2 If Customer requests part or all of the System's removal before the end of of the System's useful life. including by reason of termination of this Agreement. Customer must pay Company's unrecovered costs of the System minus any salvage value. to be determined at the sole discretio n 1) Company. plus System removal costs. 3 The obligations of Cuslomer to pay the monthly invoice and any applicable late fees or any amount due and owing to Company as a result of this Agreement or in co nnection with the rights and privileges granted hereby. are independent of the liabilities or obligations of Company hereunder. Customer shall make all such payments due to Company without any setoffs or counterclaims against such payments on account of any breach or default by. or claims against. the Company pursuant to this or otherwise or on account of anyclaims against or default by any third 4 Company's installation of the System is co ntingent upon obtaining adequate 11 easements and rights-of-way, if necessary, and Customer agrees to assist the Company when necessary in obtaining easements or rights-of-way which shall include permission to install and maintain service lines and facilities required for serving and providing the System. 5 Company is an independent co ntractor and not an agent 0 r employee of Customer and nothing contained in this Agreement shall be so construed as justify a finding of the existence of any relationship between Company and Customer inconsistent with that status.Company shall have e~clusive control of and responsibility for its labor relations. 12 6 Company does not warrant nor guarantee the safetyof Customer or any third party, nor does it warrant or guarantee the securityof Customer's property or any third party property, lighting levels, or uniformityof lighting as a result of Customer's use of the System. Company is not t3 liable for any injury to Customer, or anyperso ns or property arising out of the System use other than that arising from the sole negligence of the company. COMPANYEXPLICITLYDISCLAIMS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. EITHER EXPRESSED OR 1M PLlED,OR ARISING FROM COURSE OF DEALING 14 OR USAGE OF TRADE. 7 If a breach or default occurs. the non-breaching party shall provide the breaching party with a thirty (30) daywrilten notice to cure such default or breach. or if the defect cannot be cured within thirty (30) days, the ti breaching partyshall nonetheless commence to cure such defect and shall. in good faith. complete such cure in as timely and e~peditious manner as is feasible in the circumstances. ~ the breaching party fails to cure or to commence the cure of the defect within the prescribed time frame set forth herein, the non-breaching party. at its so Ie discretion, '6 shall provide noticeto the breaching partyof the immediate termination of this Agreement. Events beyo nd Company's contrOl. including but not limited to acts of nature, electricity outages. and inability to obtain needed replacement parts. shall not constitute breaches of this Agreement. 8 Customer desiring a Company-installed System on a public rights-of-way or on other property not under customer's jurisdiction must provide the Company with written permission from the enlilywilh legal jurisdiction over that right-of-way or pro pertybefore installation will begin. Customer muSI reimburse Co mpany for costs associaled wilh 0 blaining easements. Company reserves the right 10 refuse 10 inslall Companyequipmenl 0 n another's property, ho_ver. anyCompanyagreemenl to install System luminaires or other Companyfacililies on poles or Slructures owned by a third enlily is conlingent upon receiving wrillen consenl for such installation Ihal enlrty. Cuslomer will be required 10 reimburse Ihe Companyfor mOnlhly fees charged for po Ie contacls for Syslem altachments on poles or structures not owned bylhe Company.(i.s .. owned byolherulililies or entilies). This fee will be imposed only when cOnJacting or modifying e~isling poles 10 allo w for clearances required for Ihe Syslem equipment. Company shall not be liable for any claims. demands. cause of action. liabilities. loss. damage 0 r e~pense of whatever kind or nature. including altorneyfees. incurred byCustomer for actions involving a structure not Co mpany-owned on which Ihe Co mpany has placed Co mpany-owned equipmenl at Custo mer request. Additionally. the Companywill not be respo nsible fo r any repairs needed by the Slructure Ihat is not owned byCompany. ~ the slruclure becomes unsuitable. or unsafe to suppo rt Company-owned equipmenllhe Company retains the right to remove the equipment from the structure. If Company equipment is removed under Ihese conditions Customerwill owe Companya pro-rated amount fo r the removed equipment plus removal costs minus salvage value. When changes are requested byCustomerat any lime atler the System is installed and befo re the no rmal end a f System I~e. Companywill evaluate and estimate the COSIS of the changes. The changes will be made aher the Custo mer pays the agreed upon amount if anylo make changes. Changes include such matters as relocating poles. changing luminaire styles (po st top. cobrahead. floodlight). their locatio ns. wattage. and lamp source (e.g. .metal halide, high pressure sodium). Anysuch agreed upon changes will be either bya newor an amended Agreemenl. New equipment added to the Syslem will require a new Agreemenl. If any part, term. or provision of Ihis Agreement is adjudged bya court of competenl jurisdiclion 10 be conlrarylo the law governing this Agreement, the validityof Ihe remaining parts.lerms, and provisions shall nOI be affecled thereby. This Agreement, and alilhe terms and provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, e~ecutors, administrators. successors, personal representatives, and/or permitted assigns. Each party to this Agreement represents that it is sophislicaled and capable of underslanding all of the terms of this Agreement. that it has had an o pportunityto review this Agreement wilh ils counsel. and thai it enlers this Agreement with full knowledge of the lerm s of Ihe Agreement. No delayof or omission in the e~ercise of any right. power or remedy accruing to any partyunderthis Agreemenl shall im pair any such right. power 0 r remedy. nor shall it be construed as a waiver of any future e~ercise of any right. power or remedy. Neither party s hall assign this Agreemenl without the prior written consent of the other party. which consent. if given shall not relieve the partyof making such assignment from full responsibility for the fulfillment of rts obligations under this Agreement. PROVIDED. THAT the Companymayassign this Agreement 10 ils parenl 0 r any subsidiary entity or to an affiliate. .. r Approved and Adopted this __ day of , 2008. CITY OF CARMEL, INDlANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: ____________________________________ Mary Ann Burke, Member Date: _________________________________ Lori S. Watson, Member Date: ATTEST: Diana Cordray, Clerk-Treasurer Date: (eb:n rsw ord'2'·r b~ss my dOClUllCTlls\bp..,,·-reso1ulion.s\bpwslgTl doc:7; 18/08) Fredericks Contractors -' ~ Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501 ; P.O. #18459 ~:~~~~:o Contract Not To Exceed $9,820.00 - AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreemenf') is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Fredericks Contractors an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions . 2. PERFORMANCE : City agrees to purchase the goods and/or services (the "Goods and Services") frorn Vendor using City budget appropriation number 1205-501 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards . 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Nine Thousand Eight Hundred Twenty Dollars ($9,820.00 ) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the speCifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. (Z:\E 8u:s\My Doa&maats\ProfCAioo al ~\FORMS\Goods a Services· Rev 8..{)6-07 .00c:7122J2008 11 :35 AM] Fredericks Contractors ~ Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501 ; P.O. #18459 Contract Not To Exceed $9,820.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. g. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. (Z:\E 8ass\My DocumcDlS\PJofCSDOOai Scn1oe!1\FORMS\Gooch &. Services. Rev 8-06-{l7.doc:7/2212008 II :35 AM) 2 , Fredericks Contractors Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501 ; P.O. #18459 Contract Not To Exceed $9,820.00 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes .This indemnification obligation shall survive the termination of this Agreement. 11 . NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin , ancestry, age, disabled veteran status and/or Vietnam era veteran status . 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same Or any other provision hereof. 13. 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. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. 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 conftict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. (Z:\E 8ass\My Docummls\Prof5SiOllal ScrvK:a\FORMS\Goods & ServIces -RC\' 1-06-01.doc:712212008 11:]5 AM) 3 Fredericks Contractors , Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501; P.O. #18459 Contract Not To Exceed $9,820.00 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Jeff Barnes AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Fredericks Contractors P.O. Box 229 5448 W. St. Rd. 132 Pendleton, Indiana 46064 Telephone: 765-778-7588 ATTENTION: John Fredericks Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. [Z:\E 8us\My DocwnCll1s'lProrC55iooaJ Servic#\FORMS\Goocb III Services · RC'\I S..{)6·07.doc :7nl!2008 1J:35 AM) 4 Fredericks Contractors ~ Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501 ; P.O. #18459 Contract Not To Exceed $9,820.00 18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time , request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for s~me, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31 , 2008, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 22. 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. 23. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24 . NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely , voluntarily, and without any duress, undue influence or coercion. [Z:\E BusWy Ooc:umCDl:f\Prof~OOaJ SCl"Y'iCQ:\FORMS\Goods &: SavtC(5 -Rev 8-06-07.doc:7n2f2008 11 :35 AM) 5 Fredericks Contractors ~ Maintenance Department -2008 Board Room Table Panels Appropriation #1205-501; P.O. #18459 Contract Not To Exceed $9,820.00 26. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA FREDERICKS CONTRACTORS by and through its Board of Public Works and Safety By: ~()~~ James Brainard, Presiding Officer Au~ature Date: ___________ 5:1'£'/1£";..1 D. ~us: Printed Name Mary Ann Burke, Member Date: __________ 1JJu=-Fit?! lJrN ( Title Lori S. Watson, Member FIDITIN: 35-1'117/73 Date: __________ SSN if Sole Proprietor: _______ ATTEST: Date: 7-;;j-o ¥ Diana Cordray, IAMC, Clerk·Treasurer Date: _____________ (Z;\E Bas:s\My Dowmcou\P'rofCSSlODai Scrviccc\fORMS\GooW; & Sttviccs -Rev 8·06.{)7.doc::7/22f2008 IUS AM] 6 , ~~~~~~I~~~ CONTRACTORS 7/16/2008 City of Carmel One Civic Square Carmel, IN 46032 Attn: Jeff Barnes Carmel City Hall-Board room table panels We propose to furnish all labor, material, equipment, public liability and compensation insurance to complete the following work: o Install wood panels on inside of board room table, approximately 45' long. New panels to be installed on inside wall below countertop from floor level up to bottom of countertop. Panels to be installed over existing material. We will remove exjsting baseboard and reinstall over new panels. o Install wood panels on inside of reception desk at lobby. New panels to be installed on inside wall below countertop from floor level up to bottom of countertop. Panels to be installed over existing material. Total Price: $9,820.00 Thank you for the opportunity to quote this project. If you have any question, please do not hesitate to call. Sincerely, John Fredericks Fredericks Inc. Po. So> 229 ~ 5448 W. 51. Rd. 132 -PeOd'elo". 'N 46064 -(7651778 ::~;~6;;;~589rt l (( " , EXHmITB Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project N arne: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL -~ Signature Printed Name , EXHIBIT C rnSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 . --_'I: .. I / / • INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 0020tty of Carmel FEDERAL EXCISE TAX EXEMPT 35-60000972 ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 'APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 PAGE I PURCHASE ORDER NUMBER JK'~-->'7_ THIS NUMBER MUST APPEAR ON INVOICES. AlP VOUCHER. DEUVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. SE ORDER DATE DATE REQUIRED r FR.~c1e ;2.; cK5 REQUISITION NO. VENDOR NO. 13 L()p/Tl-ftc.foi?5 DESCRIPTION lOR Po 80~ ;Z.2. 'I S-Lj~r tJ. sr,K'd 132. SHIP Pe ~cl Ie /-0,.J ) :r:JJ L-/{,1161 TO ATiON BlANKET CONTRACT PAYMENT TERMS FREIGHT JANTITY IUNIT OF MEASURE' DESCRIPTION I UNIT PRICE I EXTENSION -o -'~, g-;%.t) • .1lLljOQ~J KOCJM i-ab/e ?J !I ~ c·' .... \ . ( : ~. \I i ~ ,r_ 6' / <1>\ -~ ~~ Ir,,~ < , : * 1 I nd Invoice To: ~ BA-~N-e5 tI£ CI·U.'c 5~ ~/:I:r0 J-f6~5L ~ ?,,;l0. ,S!.(LPLEASE INVOICE IN DUPLICATE J DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT /2--05 S-tJl PAYMENT AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS SHIP REPAID. C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. mls ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 1S:L1~q CLERK-TREASURER THAT THERE IS AN UNOBLIGATED BALANCE IN I~ENT TO PAY ~R mE ABOVE ORDER. .~ The Snider Group, Inc. .~ Engineering Department -2008 13151 Street: Ditch Road to Spring Mill APPROVED, ~":Appropriation #2006 Road Bond; P.O. #19132 FORM IY: · .. Contract Not To Exceed $5,386,618.91 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES . THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreemenr) is hereby entered into by and between the City of Cannel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and The Snider Group, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's tenns and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 2006 Bond funds. Vendor agrees to provide the Goods and Services and to otherwise perfonn the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Five Million Three Hundred Eighty Six Thousand Six Hundred Eighteen Dollars and Ninety One Cents ($5, 386,618.91) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the infonnation contained on attached Exhibit B, and Vendor has otherwise perfonned and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will confonn to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Cannel Engineering Department Bid Proposal Package for" #06-08-131 st Street: Ditch Road to Spring Mill Road" received by the City of Carmel Board of Public Works and Safety on or about July 16, 2008, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. (Z:IE s-\My llo'''_II.lProf.....aI s..viccs\ENGfNEElUNGI200BlTII. Saidcr Gr""" Gooch" Scrvico.dodl22l2008 if) PM] The Snider Group, Inc. Engineering Department -2008 131 II Street: Ditch Road to Spring Mill Appropriation #2006 Road Bond; P.O. #19132 Contract Not To Exceed $5,386,618.91 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly fumish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to fumish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. (Z:\f _\My IloaammlJlPro_..aI s.mccoIENGINEERlNGI200S\lb. SaIda' Otoup Goods A Scn;cco.doc:7n2I200S ~l PM] The Snider Group, Inc. Engineering Department -2008 131 51 Street: Ditch Road to Spring Mill Appropriation #2006 Road Bond; P.O. #19132 Contract Not To Exceed $5,386,618.91 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 13. 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. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. (Z,\E llaalMy DoauomIJll'mfcDaul ~GINEERlNGI2OO1\'lltcSam ~Goods ol ScrWa.dodl2ll2OOl ~) PM] The Snider Group, Inc. Engineering Department -2008 131 51 Street: Ditch Road to Spring Mill Appropriation #2006 Road Bond; P.O. #19132 Contract Not To Exceed $5,386,618.91 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified .mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Mike McBride AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: The Snider Group, Inc. P.O. Box 281 Zionsville, Indiana 46077 Telephone: 317-873-5265 Fax:317-873-5280 E-Mail: msnider@snider-group.com ATTENTION: Michael L. Snider Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. (Z:\E -\My lloaimeall\Pru(caiOlUll Scmca\ENGIN£ER/NG\2OOII\TIl< Soida Group Goods & S<mc:a.doc:7122J2008\fJ PM) The Snider Group, Inc. Engineering Department -2008 13151 Street: Ditch Road to Spring Mill Appropriation #2006 Road Bond; P.O. #19132 Contract Not To Exceed $5,386,618.91 18,2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 22. 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. 23. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. (Z:1f Boss\My DocummlllPr-ofcosiauJ s.mc..IfNGINEElUNG\lOO8\lb. SIuda' Group GooIb ol s.n;""doc:712lJ2008 ~J PM] ----------------- ________________ _ ----------------------- The Snider Group, IDe. FnaideeriDa I>eputmam -2008 131-Street: Ditch Road 10 Spriqa Mill AppropriaIioa tI2OO6 Ro.d BoDd; P.O. '19132 ConIraCt Not To Exceed $S,386.61 a,21 26. ENTIRE AGREEMENT: This Agreement, together wfth any exhibits attached hereto or referenced hefeIn, constitutes the enUre agraement between Vendor and CIty with respect to the subject matter hereof, II1d supersedes all prior oral or wrtttan representations and agreements regarding same. Notwithstanding any other tenn or condltbn set forth harakt, but subject 10 pngraph 16 hereof, to the extant My term or condition contalned In any exhl>it attached to tlls Agreement or In any document referenced herein conflicts with any tenn or condition contained in this Agreement the term or condition contained In this Agreement shall govern am prevail. This Agreement may only be modified by written amendment eX9CUted by both parties hereto, or their successors In Interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA THE SNIDER GROUP, INC. by IIld Ihrough Its BoanJ of PubHc Works and Safety By: By: ~ James Bra/nard, Presiding OffIcer Authorized SIgnature Date: ----------------- /1."£,,.' L. 5,. .. ~....... Printed Nane Mary Ann BurKe, Member Date: tI.l. t I.,,-~ t-*'.,....r TItle Lon s. Watson. Member FIDITIN: 35-13t 1 '153 D~: SSN if Sole Proprietor. ______ ATTEST: Date: 7 -2 S-""0 P Diana Cordray.IAMC. cterk·Treasurer Date: IIM..-.r , ...-a-----IrPMt'k ...-- lABIJ.mmA(;r D'IM5 AND J!N[[ mCQ ernor CADIEL PROJECT...Ul$T STIlUT· DITCII ROAD TO SPRlNCMIU.. ROAD UCONSTRl1cnON nDDDD PROPOSAL mMl{Q ..l. 2 -.II Ill:l ..!: L I OUANlTTY 1UNIT WeE SSU)O,OO 5104.000,00 • ....t DooMbiljatjnn STb 2. 3. 410..;"1!ia!I!-GI".W!y 1.8 Praad SaucIIn. .......... S11l2 1.8 IPmaSInacIIn. a-.STIl3 1.8 7 IPraad su-........... S11l4 1.8.-------.s..r-JotiIIia.. AIIIIIoIIt. 1.5 ilL SYS 9 I-.~ CYS 10 I~ ~=! CYS IIT_nn....... ~ EA 12 IT!!I!I!O!!!YSiltr----IFf 13S1iOaeforT_"--....I~ TON 14 ISubando -r-.-r-IA I SYS IS Is-.BMIdiI. TY. 1 CYS 16 IFIoMbIe BIckfiI ~----cYi" 17 ~far EllllBeaI a.ctfiII CYS II IDeaoe Chded w.t.e =1 CYS 19Coamoc1iod~No. 53. &Me TON 20 Ic..&ond....t JaintaoI c-...7" svS 21 IColor.hnd JoiaI8d CaacnIIo. 4' ----I SYS 22 IHMA~~ TON23HMA~ C.19.o.' TON 24 HMA 25.0 -. TON 2S HMA ~T_C. ()() IIlmm TON E IE=~ 1=29 HMAforT_~ TON 30 Iewt.a-.c.-.-(AIIT_I -----. SYS ~Sidewd<.Canrna 4 ilL SV! 32 ICcabiDecI c.t.....t a---'I)pe D IFf ]3 CcabiDecI c.t.....t a---T_m IFf 34 ICombined c.t.-a---. I!.oI!, MocIi6ed Lri 3~ Center M D. c-... sys 36 PCCP for ~6 ilL SYS '7 jBarrioI" c.t.far'InIdi: AproD [ LF1' 38 HMA for DriWI ~ TON 39 IMai\box~.Sinode EA 40 IReialon:edc-..BridpApp!!cb.12iadl ~ sys 41 ~Section eon.' EA 42 I~" l ' fA4) Ripr!p........ ' TON 44 0e0ceIIiIM ' -'sys 100 1444 53i ~ 74 3679(1 5071 '73<l 52 116 2i03 296 "'ill 2030 ffi9 m:6 ""ii6i .....:m l:m m Ts 3\. 121: ""iii 71 3S 1000 64C 7i ""'"54..!. ~ ..ill! 1'721 ----"'------jMobi1izatioi, _ Danobi1iDDoa fa-Se!icIiaI ' , j EA 46 MuIcbed Seedia&. Twe T . SYS 1060 47 IMuIcbed SeediaR. 'I)pe u -1 sys 2344 48 IWa/er ' ~ Kp1 7C 49 TCIOIIIil ftJDdioIriIuodI CYS 260C so ISoddinor ~ 21I0Il 51 IPile. SIIoeI H. lIP 12" 53 ' IFf 641 52 IPileTiII_s-IR -1 EA ~ 2A 5) 1<Mni2ed I'NIkiIIedPile Holes LF1' , ,24C 54 eo....-..A~ CYS ~ 5S IQ!ocno!e, A CYS,. ~~""';"'s-LI!IImrvC-..l LBS '4493 57 I=~W::: CYS I 194~:Wa-.n.STIl2· . ~ " ~ 167,500.00 12.000.00 16.000,00 16.000.00 ""iI.'i': 114_4~ s..00 S'9O_1X 12.3< W_IX Sl.2l 119_10 no.oo S4i.i S.U( S2ZJ( 100_1X m.oo SIS.OC 562.1 ""ii6:i ""iii: 1104.1sa;:oc "'iiI.OC "ii6iOCi 113~.OC ~.oc 10.11(1 r.o:iii 11.00sa;:oc "iiiiiCi 117.00 ""iiiiiii ~.OO 1104.00 "i7OiiOO S30!),00 ""iiO:OO ---r.4Ci • SI56.00 -10.34 10.38 UO,4C i6.ii ~, 1$2.00 1104.00 136.00 s:ii'6:ii(j 1375.00 st4ii '1520.00 '""imOO ~IWiDp!I!.STR3 ' . 1.8 'I ~S9S.000,1 61 SInIcIIn. Precast ~20 ft. ,,9 ft. 6 ilL IFf , II S2.912.. 'II""AMOjiNTI».m.oo ~IIU.IVV\M SlO,OOO.OO S67.soo.00 12.000.1 IIIOOOJ 111..000.1 , 1111600 nnacw,m 121,260.00 S990.00 11',044.30 Sl.l3O_00 II\U63.tO e:IMMKtn 151.100.00 S2.163.2C " .6C S6SJI7.50 129.600.0 11\,'71100 51 72,SSO,OO SZOUSt!!,. ,11ft SIO,I14,OO SI09m.OO :11,216.00 IUOO ;4U90.00 n.620.oo 1131.263.20 .",,"tOM :!Y!!:!!!!. DJls.OO :41.144.00 110.110.00 113.490.00 1"'10_00 ~ 11.4DO.00 ~, m,!OO.oo 15.1".00 1312.00 "'i.iii.OO SI9O.72 1721.00 110,00 ~.OO ;6.00 iIIS.OO 1i:64o.OO S2Q.1OO.00 , J:z1.'SO.OO e,,,,.~'M 110.00 !:!!!!. ).00 L9'l_OOO_OO 62 S Precast 2t ft. x9ft. 6 ia. s:m 000.12 63 SInIcIInI Mcmben.c.-n.ce Box a-.CB. 21 ilL ,,48 in e'I' ,"",. 64'1Sur&ceSealI 1.8 11 18.400,00 18.400.00 6S IM.uomv Coatina 1.8 ---. -II SI.6OO_00I SI.6OO.oo 66 1Pic>e,EndBcntDrain,6ia. I , IFf lUI SIO,4Q 11.913,60 67 Ipioe. TYDc4. Cin::ular. 6ia. Double WaD..Smoach IIIIerior IFf -1 102111 sull S41.S)BO Pi T 2 CirculIr: 12 ia. ~1,oa1;16iI' PiDe. T""" 2. Cin::ular. 15 ia. 121.844_00 70 IPioe. TYOe2. Cin:uIar.II ia. IFf 12981 S2),9a 131.022,20 " .~ ;irJk:~~' . ~,~ .. '~. ." "':":" .•: :; .!".. .. ::' :.;":'",' ' <~~:~' +-)..6'1 "EXHIBIT . It {[J " -- --- -- 76 [:=IT ..1J 7: -;: .n 'f7 7i" T Ii L L...-! ~ 98 \I: \I: 1\4 115 \16 \17 I III \19 120 121 124 123I----.ill.. ~ ~ ~ ~l. ~ :!I!!!:!!!!. WI:..A -I:i'i::i: -- i:i: ~ ~ , U_tr l '::In -=---r= ~ ~ tu-::i:i. ;=n::: v:i: .- 8-1S~ I!!!!L(;IS 1c.hIl!!iD"CI'Rl'IIAdrt-m" - c.,. "' ~c~wiIb~ ':!II!!!!!!! .. rm.t ..T_ "'N" ieMcch "'5No. :'D ....~ ~ Caa!kIi!. S!!!!. 0!Iv!aiI!d, Z~ Wi!!, No.4, Cower In ., ... t ~,.... -.....tuit .. ,PI L.'I.u.wA.d :o!.!! 2' , .... .,. no.. r. ~ i1:: V_~iD '!Ii!!, 4 ' 1\ow,4;" ~tT_ .1bca!!!!!pl!!!ic. Word (ONLY) o.n..Ik LiDe, 24 ~ .u--..,-------WItiIe YIIId1-'n;" Io..!.ia....SoJid. y..... ,4 . WhiM IT_!'I a.bIO WII ..-SIooe .U~ oodBart< :;;; P...., , ,,Pot I Pot O!!ss, 112 Pot brub,1I2P~ J!.: ~ .... ~'( ~ EA ~ EA _ysSYS '"i iA ~ iA EA EA liT EA i.A EA EA iA E ~ ~ 1DnQj lj! Sic SI , S_ ._ . !1 SIISO' I~ >J6S . ~5. msm: lO,OOO. S23F SI ~SII. 5761 ~ ~ 10 51! U J.l m 1~ :IA - ~ ~ ..!!..976.... ..!!.. $7,_n SIS.1It ""iiftQ;" 911.1 S14..5 ""'ii'i:6 ~ r:;;: ~ SI,04OJ S15.1 "'i9iii ""'i iii S2 '""'ii $3; SIUI 14; . SI.: ;100.01 ~ lCi rc; i:7! 0:;: ~..... 1-')..7> SI,IOO.oo $700.00 S9S0.00 $33,699.60 $6,6S1..55 11,075.00 $3~M '15,600.00 ~ ~., fiViM ~ II ~ 4O.-CMIVI I'VV'IM SI~ ~ !!..! MIl, ... "'-,' ,~ I ".n ~ .....!!.. ..OO~.01 .10 IVI .,.= ,.. , ..3~ ~ SI,02I.2.5 . $342..50 .tIIH'V' ):00 :00---' 1469.10 SlOO.OO WlC"" 1,,_ ;",!375 ria ...... -, , 4t , o .58 SS 9 .61 17 $7 144.7 $11648.00 I -----1.tai , T SI i7 ,r::= '~f~HIBll . :..~ :. -' .;:~ . ~.:. ~. . ' " " ' \;1. ,.:,, ' " ",: -: ,' ~~v\ " I : "'"i ~ EA LSUN LFT LFT SFTp; 1L 0. liT ... til' ""'iJi= IFLF_ '"'iA EA liT EA LFT LFf m 11"1 ii=r ~ ;:A I!. EA fT FT .h7c [J 1181HX311" ,:-.. ., ><. ~. ' ~ ,. '. ~'r4-;) ~ ln,_m.'nfJn, ()to()" nl' DI -"lIBI~ IS :lU IS ...aJlll8Mt-SV"1!1IOAl' " .~ z:-sv 1!Uf -~"!!d"'" ~ ltoQ" y 'Inns oz: 5 fjjij8""'"I RIIII/\ 1 PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which UDlt Prices, when multiplied by estimated unit quantities for such Contract Items, total :Five Million Three Hundred and Eighty Six Thousand Six Hundred and Eighteen ' Dollars ($ 5 386 618 WJ' :',/ ). The and ft/lOOmaal?ft~ . . I I •tit ~ e knowledges that evaluation of the lowest BId shall be based on such pnce and '/ further acknowledges that the unit quantities listed in Part 3 ofthis Proposal are estimates solely for the purpoSe of Bid evaluation and Contract award, and are not to be construed ' as exact or binding. The Bidder further understands that all Work wAi,ch may result on the Contract shall be compensated for on a Unit Price basis and that· the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to , be perl'onned or furnished under the Contract : ... . ,', ':."" . . ,.. ,. \~ IIEXHIBIT ~ " BID-3 EXHIBITB Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBITC rnSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by AccidentIDisease: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 ., HARCO Asphalt Paving, Inc. Engineering Department -2008 08-04, Carmel Drive / Adams Street Path Project Appropriation #; 203-4462200 P.O. #19134 Contract Not To Exceed $97,895.09 APPROVED, ~TO FORM BY:-4 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and an entity duly authorized to do business in the State of Indiana ("VendorJl). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 203-4462200 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Ninety Seven Thousand Eight Hundred Ninety Five Dollars and Nine Cents ($97,895.09) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in wdting, to pay an amount in excess thereof. 4. WARRANTY: , Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for "Harco Asphalt Paving, Inc." received by the City of Carmel Board of Public Works and Safety on or about July 22, 2008, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner arid free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. (Z:\E Ba.u\My Do...'UlunL~\PrOrCGiDllai Scrvicd\ENGrN£ERING\2003\JUrw Aspbah Paviag 7-08 ~&. $crvico.doc :713f200& 9: 16 AM) HARCO Asphalt Paving, Inc. Engineering Department -2008 08-04, Cannel Drive / Adams Street Path Project Appropriation #; 203-4462200 P.O. #19134 Contract Not To Exceed $97,895.09 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 Vendors agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, 'agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure , terms, conditions and privileges of employment and any other rnatter related to their employment or subcontracting, because of race, religion, . color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. . 13. 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. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall De the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreernent. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event alawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. [Z:\E & :.s\My OocumCIIlJ\P'JorC.ulOnal Savico\ENGJ'NEERJNG\2OO11\H.arro Asphu. Pavia, 7-03 Good.i a: SO'YlCCS.doc:7~OO8 9: 16 AM} HARCO Asphalt Paving, Inc. Engineering Department -2008 08-04, Cannel Drive / Adams Street Path Project Appropriation #; 203-4462200 P.O. #19134 Contract Not To Exceed $97,895.09 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Mike McBride AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Harco Asphalt Paving, Inc. 1650 Harco Way Indianapolis, Indiana 46217 Telephone: 317-786-8480 E-Mail: ssweares@harcocompany.com ATTENTION: Matthew Harding, Vice President Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION : 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of terrnination, unless the parties have previously agreed in writing to agreater amount. (Z:\E B.a:...~\My DoclImUllli\Prorc::s.,.ion al Sa"ViCC'l'lfNGrNEERINWOO8\l-W'co Asphalt Paving 7-01 Good( &:.. Sc:rW:ct. doc:''lf'200S 9:16 AM) HARCO Asphalt Paving, Inc. Engineering Department -2008 08-04, Cannel Drive / Adams Street Path Project Appropriation #; 203-4462200 P.O. #19134 Contract Not To Exceed $97,895.09 18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the· event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 22. 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. 23. BINDING EFFECT The parties, and .their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. (Z:\E &....~\My C>oI.."WD(J1b'\Proreuioo~ Savicd£NGrNEERING\2OO1\Ha1oo Aspball Paviag 7~Good,.; & ScrviCC:S.doc:7~oog 9: 16 AMJ ------------------ 3177917570 p.lJul 30 OB 02:25p Harco Asphalt HARCO Asphalt Pavina. IDe. Eogineeriq I>epartm=t -2008 08...()04. Cannc.I Drive I Adams SIreI:I( Path PJqecc Appropriation ,~ 203-4462200 P.O. "J 9134 Contract Not To Exceed 597.89S.09 26. ENTIRE AGREEMENT: this Agreement, together with any exhibits atbdled hereto or referenced herein, constitutes the entire agreement between Vendor and CIty with respect to the subject maUer hereof, and supersedes all prior oral or written representations and agreements regardIng SIIne. Notwfthstandlng any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition rontaIned In any exhibit atta:hed to this Agreement or in any document referenced herein conflicts wIIh any term or condition comaned In this Agreement. the term or concfition contained In this Agreement shall govem and prevail. ThIs AgJeement may only be modified by wrttten amendment executed by both parties herek>, or their successors In Interest IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: '.... CITY OF CARMel, INDIANA HARCO ASPHAlT PAVING, INC. by and through Its Board of Public WOtks and Safety By: BY:.i Lb ,,<-~~ '/~"[j:F James Brainard, Presiding Officer horized Sgnature /" 'Date: -----------------/~t//~~~1'.o/.,d6 Printed t;ame Mary Ann Burke, Member Date: t/-;fe:.:s/VcpT TItle lori S. Watson, Member FIOfflN: ~/J#e:?r7 Date: ------------------SSN HSole Proprietor: ATTEST: Date:· 7 -~c:::?£" Oiana Cororay, ~AMC, Clerk·TreasurerDate: ______________________ IZ-1I!IIuoNrDoc_...... n .... , __............~_"~..MAloCI PART 1 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and withinthe time(s) provided by the terms and conditions of the Contract Documents for the aboVe described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Ninety-Seven Thousand Eight Hundred Ninety-Five &9/1ftjbllars ($ 97,895.09 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work Which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and . ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to · be performed or furnished under the Contract. "EXHIBIT A[(1/ " BID~ Itemized Proposal Carmel Drive / Adams Street Path Project Item # Item IQuantity Unit Unit Cost Total Cost 1 Mobilization / Demobilization 1 LS $2,659.50 $2,659.50 2 Maintenance ofTraffic 1 LS $1,773.00 $1,773.00 3 Clearing Right ofWay 1 LS $11,642.70 $3.37 $11,642.70 $6,672.604 Linear C'YTRdino for Path 1980 LFT 5 3" Diameter Tree, Relocate 1 EA $236.40 5236.40 6 Structure, Sanitary Manhole, Reconstruct 1 LS $2,364.00 $2,364.00 7 lIMA Surface for Path 180 TON $104.67 $18,840.60 8 lIMA Intermediate for Path 297 TON $84.86 $25,203.42 9 Compacted Agg. No. 53, Base 605 TON 522.03 $13,328.15 10 4" Concrete Sidewalk 6 SYS 5141.84 $851.04 11 Concrete Curb Ramp, T~G 49 SYS $246.05-=-c:$12,056.45-12 --ITEM DELETED >< >< -----13 Erosion Control Measures 1 LS $1,140.63 $1,140.63 14 Mulched Seeding 2620 SYS $0.43 $1~126.60 I Total Itemized Proposal 597,895.09 "EXHIBIT k v\ ~ " EXHIBITB Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Proj ect N arne: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL - Signature Printed Name · . EXHIBITC mSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident .... $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 x lr )0 10) 0 I<ONICA MINOLTA APPROVED, ~~:_:;./ U_/ Le,ase Agreement FORM IY: ~ AallnlstnltIonc....r, PO 101 702l,TNJ,MI__4IOO7·7023 A Program of Banc of America Leasing Fax To: 800.436.9579 • Page 1of 2IContract Number:a..'J,.D 13 &0 Dear Customer: This Equipment Lease ("Lease") Is written in simple and easy·to-read language. Please read this Lease thoroughly and feel free to ask us any questions you may have about It. The words YOU and YOUR refer to the Lessee. The words WE, US and OUR refer to the Lessor, Bane of America Leasing & capital, LLC, a Delaware limited liability company. Customer & Blllin Contact Information Social Security No. and Date of Birth ,-","',",_cwnLessee Full Legal Name City Billing Address of Cannel SSN: DOB: Organization 10 /I (If any) State of Organization Billilli Contact Phone No. Federal Tax 101/ 317-571-2441 35600972 City County State Zip 3 Civie Square Cannel Hamilton IN 46032 Equipment Location Address City County Slate ZJp Same Complete Equipment Location ~If different from billing address E-..-. ..-_...tD----... It ... Iv •• Quantity Manufacturer Model Number Description Serial Number 1 Koniea Minolta bizhub c451 Digital Color MFD 90 Day Deferral -- Term/Lease Payment Schedule TermsLConditions Term (months) 63 Security DeposiVAdvance Payment (Check One Only)o Security Deposit(s) $ _______ o Advance Payment(s) $ Lease End Purchase Option o FMV(• ...,"'SM:fIN17) DOtIIer: IZI $1 ...MOIItIIIJ Lu.. ~· "Plus Applicable Tues -See Section 11 $ 1 None, 20 SI,007.00 Iquarter IMPORTANT: NEllHER tHE SUPPUER NOR AllY SALESPERSON ARE OUR AGENT. tHEY HAVE NO AUlHORfTY TO SPEAJ( ON OUR BDW.F OR MAlE AI« CHANGES TO nas LEASE. tHEIR STATE· MEIfTS WILL NOT AlHCTYOUR RIGHTS OR OBUGATIONS UNDER tHIS LEASE. 1. LEASE AGREEMENT; PAYMENTS: We agree to lease to you and you agree to lease from us the equipment listed above or identified in any attached Equipment Schedule ("EQuipment Schedule"), together with a/l replacements. parts, attachments, accessories and substitutions therefor ("Equipment'). You promise to pay us the Lease payments according to the terms of the Payment Schedule shown aboYe or any Equipment Schedule hereto, plus a/l other charges (see Sections 4, 9. 11. 13, and 16). CoIttInIHld on Pag.2 Lessee Authorized SIe:nature Personal Guarantx lor ME means Guarantor(s) and VOU or lOUR means Lessor. I hll\le read and understand this Lease and expressly agree to its terms. condltlons. consents and waivers. If Lessee defaults by fallini to pay or perform any obligation under this Lease then I agree to pay or perform all such obligations to you in accordance with this Lease. I waNe any notice of any default or modifications or alterations which may be made by you and the Lessee, and any defenses which I may haw aiBinst enforcement of this Guaranty based upon sure1;YShlp principles or the impairment of any collateral security for this Lease. Iwill reimburse you for all expenses and attorney fees you incur In enforcing any of your rights against the Lessee or me. I CONSENT TO MICHIGAN LAW, JURISDICTION OIlER MY PERSON, AND VENUE .. ANY MICHIGAN COURT AND WAIVE TRIAL BY JURY IN ANY MATTER RElATING TO THIS LEASE. GUARANTY OR THE EQUIPMENT. Personal Guarantor DO NOT INCLUDE TITLE X Date Personal Guarantor X DO NOT INCWDE TITLE Date Print Name Driver's License Number and State - Date of Birth Social Security Number Print Name Driver's License Number and State Date of Birth Social Security Number Equipment Acceptance Certificate You certify that all of the Equipment referred to In this Lease has been delivered and received by you, and that any and all installation and set up has been completed. You hll\le examined the Equipment and it is in WJod operating condition and is satisfactory to you and you have accepted the Equipment This Lease cannot be modified or rescinded except by a writing signed by you and us. ACCOROINGlY lOU AUTHORIZE US TO PURCHASE THE EQUIPMENT FOR lOUR USE. p"~' NameAuthorized Signer l -k 7-'"" U I /JJ>ch..J[/JIc.:73y';c/e. II ._._ nct....... ~.'lner. Proprietor. et-'c.'-"'--=-------X /?!~7~ KonI~lnoIta2/R48/01.02.08 KONICA MINOLTA BUSINESS SOLUTIONS, INC. Is_o-NUMBER I EQUIPMENT SALES ORDER KONICA MlNOLTA ACCT. 1 • DATE TERMS DATESHIPPED CUSTOMERP. 06/23108 o W07798 NEWAee~ SHPT01 SIC 1 ~:j BILL TO: "TO: City of Carmel ADOReII81: ~1: Bane of America Department of Engineering ~2: ADORI!SI2: leased unit One Clvle Square CITY: 1ST : CITY: lIT: 0 Cannel IN ATTN: ATTN: TAX.ut18. Judy Stohler PHONE: Izp : PHONE: ZIP 317-571-2441 46032 ITEM. DESCRIPTION QTY QTY B.O. SERIAL UNIT PRICE DOLLAR ORDER SHIPPED NUMBER EXTENSION AOOK010 blzhub c451 1 std PS, PCl & XPS Controller 1 std 1,024 MB Memory 1 AODHWY1 PK-515 2I3-Hole Punch Kit 1 std 60 GB Harddrive 1 A01HOWO DF-611 RADF Document Feeder 1 Std 4650 paper Deck 1 A01GOY2 F5-519 Base Finisher I Stapler 1 std Duplex Unit 1 15lB FK-502 Super G3 Fax Board 1 72,000 Black oopies (0.0104) 1 A070131 TN411K Toner (765g, 45K) A070230 TN611Y Toner Y (460g, 27K) A070330 TN611M Toner M (460g, 27K) A070430 TN611 C Toner C (460g, 27K) $ -$ - $ -$ - ORDER VERIF. DATE TAX EXEMPT' SALESPERSON SUB TOTAL ~ Ricky Edmondson This ..1_ order shlill not c:onstttut. a binding qreement unless slgMe! by an KMBS Branch Mauger or of'fIc:er 01 KMBS and subject to c:r.dtt approwl by KMBS. SALES TAX % OF UNE.-t % RATE 6.00% --LJ CU~1G~~ D7/2Lf/2~ INSTALLATION 2..J $ - KMBS BR. MGR. SIGNAruRE DATE SHIPPING CHARGE ....!J $ - BILUNG & SHIPPING COMMENTS TOTAL DUE ...LJ lease ~N'PRfYoIItL nRMl CK.BY MIOKT IPKG. ..VIA AMOUNT OF CHECK ATTACHED W Konlca Mlnolta Business Solutions U.S.A"lnc. o.ta: 22-Mal~ hnch Code: I~ Sa_RepNo: 2484830 KONICA M1NOLTA Black & White Hybrid Maintenance Contract ..•-~~~.~~~~5&..p>!.. Name: City of Carmel Una 1: 1st Floor Une2: E!]Iineeri!]l Dept One Civic .§guare Carmel State: Exemption ONo 121 Yes 121 No o Yes IPilyment Terms: Credit Card ONo o Yes AtxI.. No.: IN lie: 46032 (Cef1iftcate requOd) (Copy required) Credit Card Type: 0 AMEX ExpIretion Date: Name: Same AI:d.. No.: Address Une 1: Address Une 2: Street Address: Tax Exemption Number: PO Number _______PO Expiretlon Date o Me o VISA Credit Card Number Name on Crd Card ~~-~, ~ i..t.~~;·.~~ .~~ -:' ~-I-.. :~ _~_ ~ ~ ;:~..:~..:-n-~. :::~~',: .;:;..~:;, .l;~~~~S-ltI~.i~~·.~,:~.> ;~i'~ ~;.~:..~..t, Cost Per Copy 121 WIth SupplIes 121 WIhout Supplies -Purchased SfiIB*Iy Effectfw Data: .,::lnsta=!:...I1________ Billing cycle for CPC portion: 121 MorthIy Contrlict Term (Months): 12112 024 036 048 OliO Annual Contrlict F .. S 749 for black I white copleslprints, for period of 1 year or 72,000 copiesIprints, whichever comes first During this period color copies/prints will be billed monthly In arrears on a CPC basis at $ 0.0104 KMBS Representative -zALJ,/tlf! KMBS Sales Manager Dale MaInIenance Only Deller SeMad CommeDul Spedal ...tnctio•• IACIClIOODal Docameals Attllcbed o PrIce ExafIIIon 0 TIIX ~CetIIIaIIe o ~Order 0 Q'I!CIIt DIII2I Sheet Servicing Coatr8d Proceued: BnDchOllly (Branch Name) APPROVED" ACCEPTED AT KMBS BY: DATE rev 3/2412008 - _riC _w~ KMBS MAINTENANCE TERMS AND CONDITIONS "SCHEDULE A" The -.g_ ..... cor-.. oppIy 10 the po--. ~.............. _ by __-.... SoUlons USA. Inc. ("KIoI!S11O CUItonB' ckring the bImI ~this ~: NYIEIIT: ~Is ckJo _1I*ty (30) doyI rrom the _ ~the -._ the C>Somor hili 10 ..-IIf'J JIIYn*Il ckJo _.0< be 0< bocomo __ 0< be • jaty 10 0< """'*'""" In IIf'J bor*rupIl:y 0< ............, proceeding 0< IIf'J _ action -.gthe -.0< property ~CUItonB'. 0< -1If'J mpoct ~this ~KIoIIS may (1) ..".,. 10 CXJnIInue 10 _the oqUpnat ..... may 1. orut Custorner'I..-1O -1If'J property 0< equIpr..c _ by KIoIIS 0< (2) __an I 1Imo.1nMII ..... __ basis. _ ~10 IIf'J _..-KIoIIS mey _ . JrCUltonB',... 10 ..-IIf'J JIIYn*Il "'*'ckJo pw...a 10 this ~_ wi! be • _ c:IwJII ~DnI ..... _ holt' porad (1 112%) pit manIII the __ckJo 0< the.-.un. _ rill _ by~ ..... _Is..... _ ...... IncUIIng ........ -._ be __by KIoIIS In the _ _ -.IncUIIng IUgIIIon. are raquQd 10 _ -.g .......... ckJo ....... this ~NO CASH PAYMENT'S Aa:fPTID. Aa:IIpIId ........ ~...,.... on by 1II!J0< o.a Cord or _..-~IOKIoIIS 2. ~_1_ CUItonB' wi! ~............ 1InIIIy..-~lithe ..... ~Md1 bIIIng period In ......... ......-by KIoIIS. KIoIIS dwJIIIS lor Md1 aJPY or ".... porfonnod by the KJoIIS equIpr..c .......-In the ~A aJPY 0< prtrl _ be _ IS the gononIIon ~IIf'J _ or ImIgII an the KJoIIS equIpmort. Far pullaM ~IhIs .-.• II such ...~KIoIIS oqUpnat _ be -...:ed _IS I "alpy." KIoIIS __IC08SS 10 rnanIIOr the _ ~..... 1_~ are not _ In I IInIIIy ......... KIoIIS may _ 0< _ IhIm ..... CiIIIOIMr ...10 PIJ lor ............... _ be.t an __..-..-.go. CiIIIOIMr_ not_ 0< -.10___I ..--.g. ElIch 8". "" aJPY wi! recorded IS • sIngIo ..-dIcII. 11"' IT alpiIs may ..... IS.sIngIo 0< _ dIcII cIopendIng an adnICt. (__ PIQt ~this ~lor IICIUII c:IwJII ~ ....... this ~). KJoIIS.--the ..... In Its .... _, 10 proopec:tivIIy concoI sIngIo dIcII chargos ~lor 11""7" alpiIs _ ........... pIIIanI_ rrom expoc:ted .... pobmS.DupIooaId alpiIs _ be CXIUI1IIId IS two ..-_ Far __ oqUpped wI\t1 bInrw prtrlIng capebIIIIes. the -.g..-dIcII chargos _ oppIy: 18"x27" -3 _: 27"><36" -4 _: 36".47" 5 didIS. IIIIITAUAnOlll: EqWpmont _ be _ by'" euIhoril8d KJoIIS ............ II CUItomor's _ COOl ..... oxponIII. CUItonB' _ ....... "* equipnWot Is pIOC*Iln ." .............. IhII arIonns _ tho ~spedfbtions ..... req_ ..... wi! _ II COOl ..... upIIlII lor IIf'J -'1 .--~lor _ such IS IIIIophono ..... oIeariaII ...ww.g. .-.g...... noise ..... ~-.. ""Y oIeariaII Mwt _ 10 tho equIprta1l ~... __poq.horlII equIpmort. ~. _ ..... phana I..... ..... _)..... equIprta1llne ani Is not ~by thIs~. 3. 4. -=--!FWJIIT ~IIIIVICZ: The eqWpmont _ be In good ...-an the CG'"'._' _ ~ thIs....-. KIoIIS chorgos lor ports ..... IIIbor raquQd 10 pIIce the equipnWot In such ... ........, ~....... 1If'J l1li*** -0< IIXII1Ilnuous ............... .-.. KIoIIS wi! _ the cuoIom8r ..... this wi! be In _10the prD III forth an the .-.. _. IIDOlnONAL EQUI-.r: No ............... _ lor _ 0< _ equIpmonI wi! be 5. pr...-by KIoIIS UI'OIII Mis..".".... by KIoIIS. In writing. Ior..-.go. KIoIIS.--the rlghllO oc!jUSlthe..-.go period lor IIf'J __0< _ equIprta1llO -.we conmon __. IIIIVa IIICLUDED: ThIs ~..-.IIIbor 0< _. _ ..... ~-...... ............. IS _ parts. All pIWI 'lIpI8cMI8iots _ be an ." tIIidlIngo basis wtIh __ or rWbIshId 1emS. Enwgoncy _ calls wi! be porfDnned II ... exItI c:IwJII ckring 1I0011III ........ hoIrI. Unless __ ~, 1I0011III _ hoIrI on 8:30 • .m. 10 5:00 p.m.. MonoIoIy Itorooqo friday . ......... ~ Iddtys __ by KIES. o..rtInIo chargos. II IUiIIS' IhIn a.rer-. rill. wi! be 6. ct.god lor .......... caIIs..-......... _ holn. In _10IIf'J _ r1Itb _.KIoIIS .--the rlghllO ___equIprta1l rrom this ~., ports bocomo ..-lor --equIpnOIt. _IW IMIIfYDMNCE: __ ~_ be porformad an the equIpmonIlI the rurv1IIs -..:I by the T_ Sorvke ......... lor the portJa.W onadoI. Pr__ -........ will _ --.g. 1UlrteaIIM, ~..... ""'Y be ..-lithe _ limo ...-........ Is being porformad. KIoIIS _ do not <8IfY 0< _........-.......... (laW. -.par. "".). Ills tho CutIornon responsIbMy 10 _the.-y.......... _lorthe T_.use. 7. _ IIIOIIIIITOIIINO: As ." 10 the ............. iIlIInIawIce pr...-_. __ ~8. DIlen ve.re rnanIIOrIng lor __ ..-_. _ cIiognosIIcs. ..... reponing IIICIroicoI rnIIfin:tIans. Ir such ~Is _.cuoIom8r IwoIIy c:arara 10 the use ~ve.re _ r-.....p IIIII1I9I"*1I sysI8m ..... 1*IIftos. ponuanI 10 the ve.re CUItonB' Aa:opIanc:e Form. Ihot • ....-1< .............. __POP3 ond/o< SIITP_""""'-' _the __ lIFP(s) II the a.ostornI(S ........ __.. cenIrII ve.re IIIIIIiI _ Is _ 10 deploy the ve.re rn<nIoring~. __wi! ~the IIFP _ I spedfio: __..... POP3IInd/o< SIITP IIIIIIiI _ lor """"""" ""'" cor-.t 10 the ve.re IIIDI1IIIImg ~lor their rnoInbnoonce ........ CUItonB' ............ "* II r1Itb 10 ve.re __KIoIIS ..... IhII QI5tona Is not ~ve.re softwIIW. lout .-~KMBS 10 IdIze the CII*>IItiIS ~ve.re _ RnIIngan _ --.cenIrII .ca.. _. _ IncIudos _ .........-, _ the IIFP ..... the cenIrII ve.n _ rm.qo the a.ostornI(s .-1<. ACCESS: CUItonB' _ ~KIoIIS' porwnIIII _ ".. ..... ,.. IC08SS 10 the equIpnw1I ..... IIf'J _sory oponoIIng limo lor the pwpotOI ~brishlng --..._. CUItonB' _ omngo ..... inRnlhot one ~Ms ...,..".. Is prewa II II _ .... KJoIIS personnoI perform rnoInbnoonce _ . 9. 10. IE1UIt'S AGBrTS: CUItonB' ........... "* • hIS -. _ "* no egort. II1Ipk>y8o. 0< ..--~ KJoIIS hlSlIf'J Uhor1Iy III bind KJoIIS 10 IIf'J IIIIrmIIIon. pronae. 11IpI __" 0< Mn'II1Iy concerning wry ~tho equIprta1l 0< __ lJnIoss.,,1IIIrmIIIon. pronae. '...__• 0< Mn'II1Iy Is specIticIIy III forth In this ~• _ not Ionn I bISIs ~this borgIIIn ond _ not be _ ogoInsI KIoIIS. 11. DIICUI.mt: TloIs ~_ not..,.,.. _ raquQd ckJo 10 IIIIfIn:Iion ~ports. ~ 0< .......... ~ _ ........1CIUre. _ the use ~ I pIItIicUoII' I&..,ty liii1o ""'Y couse "'""'*'" damage 0< roquinI -... ....tdng. KIoIIS. upon notice 10 CUItonB'. wII not CXJnIInue _ 0< ~_ lor "* equIpr..c. By w.IOducing .......... ~ ~rnonuract&n Into the KIoIIS equIprta1l CUItonB' ocaopts the ,....-y 10 PIJ lor IIf'J -0< aJn1II:IIwo -~.""Y-..tion5. IIIOdItIcaIIans ... ct.1gas 10 the equIprta1l by ........ _ ilion KJoIIS. IncUIIng CUItonB'. mey -.II In _ ~this ~Wlho<t prior --..this ~_ not apply 10 IIf'J equIpmonI ---10 be II the cuoIom8r _ ......-an the o-.e sIdo _. ThIs ~_ not oppIy 10 IIf'J equIprta1l los! 0< damagod Itorooqo oco:Idort. _. misuse. Ihaft. nogIiIcl eels ~ "*" pIfIIas. tn..........tty 0< IIf'J __1oraI . ..... IIf'J 1055 0< damage oa:urmg rrom IIf'J ~the ~Is spodficaIIy arduded rrom thIs~. 12. AIITOIIATIC _ill: Sorvke an _ _ ..omotIcaIly be __lor _~ DnI ,.. _ II the ..... being c:hetgad by KMBS at the limo ~ ....... ........, Customor 0< KIoIIS ~the _ jaty II*ty (30) doyI wrIIIIn ncotIc8 _ the ..... ~the a.rer-. bImI ~Ms __ not 10 I1IIWW thIs~. ~_. _ peIty ""'Y concoI this .-.._ 0< wIIhoI.t couse. upon II*ty (30) dllJI wrIIIIn notice 10 tho _ party. ~C8I1C8IIotion ponuanIlO IIis pIfIW1IpIi 11. CUItonB'wI! be bIIed r ... _Itorooqo the orractMI_ ~CII1aIIatIon. 13. _1_ PWIPOK: CUItonB' __ ..... ......-"* the oqUpnat wi! be .-lor buINss ~..... not ro< ......... romIy. 0< _ pullaM. U . ~INTIIDIIAnOlll: Ir _ 1'*'I1JIIIan _ on pr...-by KIoIIS. eustorr. __IhII the KJoIIS DigIIII _ AnoIysIs "DNA" hIS -. ICCUIIbIy ~..... KIllS mayffIoJ an the_...-Inthe DNA In KMBS_~_.......,....,_. the rIghI 10 __dWgos lor _ ckJo 10 CUsIIlna's modIIIcatIan Ms not.n.~ _,0< oponoIIng sysI8m(s) . 15. IIILDCATIOIII: _ 0< ..-rMIy shIpnWoI ~equIpmonIls not ~by this -..... ........ ThIs _."'*' requostecI. wi! be lithe IhIn _ rill ~KIoIIS. 16. AIII_: CUItonB' may not 81191 ThIs ~wIIhoI.t IUiIIS' eopress _...-. In the _ "* KMBS ...q.. 0< ~IIf'J ~ Its obIIgIIIans ....... this Agr8II1WC. KIoIIS_ _ pmwtIy 10 perform _ obIIgIIIans. Any _ 0< _ CiIIIOIMr ""'Y '~ reIIIIng 10 ...... obIIgIIIans rrao!t be _ only 8gOInst ICIIBS ..... not Ms 0Bignaa. ICIIBS may ess9\ wIIhoI.t notice 10 CUItonB'. IIf'J ~Its r1Itb ....... thIs ~ 17. NOTICIS: All _ ~10 be given ....... 1Iis ~_ be In wrIIIng ..... _ be ... by U.S. Inl dns moll 10 the portIes IS roIows: To CUItonB' lithe ___an the "... ~this ~..... 10 KIoIIS. II 100 WIlIams DrMI. 1IamIoy. NJ 07446. _: 0IIIc8 ~ DIrect ~. 1_IFICATION: CUItonB' __II rill< ~Iheft, 1055 0< damage not ~by KIllS ...,..".. 0< ogorts. 10 II ~_ ....... thIs ~CUItonB'.-1O 1niIIrmIry. CWend ..... /lOkI .._ KIoIIS. Its omc.s. dIr8cIIn. III'IpbyIIS ..... ogara rrom II loss. w.y. _ 0< upenses (1ncUIIng _1IIIIOmOyI' _) orIsIng Cd ~CutIornon use ~the equIpmerC. In<UIIng lout not _ III _ orIsIng rrom IIIIgII use ~KJoIIS equIpmonIlS ...IS bOdIly ~..y, In<UIIng -.0< proporty cllrnlgllO IIf'J ponan....... 1IId 1oJj"'" _ 0< proporty dIImIgI .... ~IOIaIy IS the -.II ~I negIIgonI 0< _ad0< omission by KIoIIS. 18. 19. WAIIItAIIITY: KIoIIS WARRAHT5 THAT lHE SERVICES SHALL lIE P£lIFORMED IN ACCOIIIlNICI: WI1H lHE MAMJfACTURER'S RECOIIIIoIENIMTIONS INJ SP£ClfiCATIONS fOR lHE EQUI~. KIoIIS MAKES NO 01HfR WAllRAllTIES WHATSOEVER EXPRESS OIIIIoFlIW WITH REGARD TO Tl£ SERVIa. Tl£ SOFTWARE INClUDED WllH tHE EQUI~011 ITS INSTAllATION. AND MAINTtNANC£, AND ElCPRESSlY EXCWOES AU. IIoFlIW WAllRAllTIES Of MEROIANTABlllTY NO fllNESS fOIl A PARTICULAR PURPOSE. 20. _ LIMITAnCIIII: The equIpr..c ""'Y not be _10KJoIIS _1UiIIS' wrIIIIn ...-. OJSTOMER'S EXQ.US11IE REMEDY fOllIlREAOt Of WAIIRAIITY SHALL lIE REPAIR Of 1H[ EQUIPMENT 011 R£IUCDIENT Of ANONCONfOAMING PART. AT Tl£ OPTION Of KJoIIS. 1HE PARTIES WAM lHEIR IlESl'ECTlVE RIGHlS TO Sl'ECIAL. CONSEQUENTIAL. ElIDFlARY. INCIDENTAl. 011 PUNITIVE DAMAGES fOR IN'( PROVEN BREACH Of lHlS AGREDotENT ( INCWIlIIIG WARRANlY). 1HE PARTIES DO RESERVE lHE RIGHT TO IlECOIIER CONTRACT DoIMAGES AU.OWEO VIA lHlS AGIlEDIEHl'. • KIoIIS' UABILITY INlER lHlS AGREEMENT IS LIMITED TO 1HE COlIER DMWlES ON lHE COST Of AI.TUNATE MAINTENANCE SERVICES AND/OR ~~BY Tl£ CUSTOMER.. KIoIIS SHALL NOT lIE UA8I.£ fOR IN'( DoIMAGES. INCWIlIIIG BUT NOT LIMITED TO. IWIAGfS DUE TO lOSS Of DATA 011 INFORMATION Of IN'( KIND. lOSS Of 0II1WIAGf TO REVENUE. PROFITS 011 GOODWIll.. DoIMAGES DUE TO IN'( INTEIIAU'TION Of BUSINESS. DMAAGI: TO CUST~COMPI1TERS OII~.EVEN If KJoIIS HAS IIEIN ADVISED OF lHE POSSIBILITY OF SUQi DMWlES. 21. APPLICAAE lAW: ThIs AgreMaot _ be govemod by the ..... ~the Slate ~_ YorI< wIIhoI.t "'III"l1O _ ~.... pmcIpIos. In the _ ~IIigIIIon 0< _ proceedings by KIoIIS 10 onron:e 0< CWend IIf'J bImI 0< ~~this ~CUItonB' OV-IO ply 11 .......... ......IUIIIinod by KIoIIS. IncUIIng lout not_ to. .....-1IIIImIy's __ CUItonB' r..-...10 IIigIIe IIf'J oIIspte ClOIIC8fJ'kog IIis _ In the auts ~the Slate ~_ Jersey. c:arara 10 JurtsdIcIlanln "* ,....... ..... _the rlghllOJwy 1tIoI. 22. FORCI: MAJaR: NIIIIw jaty _ be ~lor ~0< hIIIIn In performMIce ~ IIis ~(_ then ,..... 10 ...... poynwot) 10 the _ "* such jaty .... _ In Ms porfonraa by IIf'J ad ~ God. eM CGIIIIIOIIon, IIIbor dIspl.Ia. 0< IIf'J _ ocamonce beyond Ms ....-a>nIIOI. 23. __ILln: IfIlf'J ~~thIs~....Mbe ..-.... void 0< 1or1lf'J ....... ...oru.-. ilion "* ~_ be -..ed _ rrom this AgreMaot ..... _ notlllecl the ..-y ..... 1I1forc:eobIIIy ~the .-qproyIsions ~thIs~. 24. WAIVOl: f ...... by KJoIIS 10 Marco IIf'J proyIsions ~ this ~0< IIf'J r1Itb _.0< roll.... III ..as. IIf'J IOIIdIan ~lor IwIIIn. _ In no .., be _ • _ ~ such ..-... r1Itots. ... eIIdIons. 0< In IIf'J .., orr.ct the porty's rIghI 10 _ onron:e 0< __ the _ 0< _..-... r1Itb. 0< IIIdlons M""'Y _ ....... thIs ~ 25. o.101-'~: CUItonB' r..-.-(I) "* ...... 0< _ sIgrIIIlnI_ be ..".".... IS ongInII sIgrIIIlnI: ..... (b) "* this ~0< IIf'J _ ctIIII8d pw...a 10 this Agr8II1WC. ""'Y be _In.,,_docunInI-. ..... -system.. aJPY~_ be _ ." CI'1gInII. KIoIIS ""'Y oocopt ..,.... ~rrom CUItonB' pw...a 10 this ~NIIIIw jaty __ IIf'J oI!JIdIan 10 the -.tIcIty ~ this ~0< mydocunInI ctIIII8d _ . _ an _ the ... ~I _ sIgnobn 0< the ... • copy __rrom.,,_-.tyoI8m. ~ 26. IUI'I'LIQ I~IN .,.. MIIJIIIlIIn' CHARGE. If this ~hIS -.-.KIllS ( ... ~_)wi! ~CUItonB' _ ......-. IncUIIng lout notllmllecl 10 laW. -.par. aJPY C8I1rIdges. ......... PM kits (~~11hmughoulthe bImI ~ this ~ CUsIIJmor .-"* the cor..-5uppIIIIs on KIoIIS property .... .-by CUItonB', c:ustan. wII ... eons...-~only _the..".,.... ~..... IUIIhIm 10 theIr......runctlon poInI. CUsIIJmor _ not _the ~.......... rrom the _ ~IS CUllnrre"s __an the "'" PIQt ~thIs~. CiIIIOIMr wi! ..... 1If'J"'-~SupplIes 10 KIoIIS II the ..... ~ thIs~. CUItonB' _ ... __are 10 SIOnI ..... probicI KIllS ........-.......... _ II Customet's _ lor Customet's CO<Wnonce. CUItonB' .... rill< ~ loss ~ KIoIIS ...-~suppII05 In the _ ~ Iheft, tn 0< _ mIIhIp. _ Custorner'I ... ~cor..-~_ the IypkIII ... pIIIIm (IS dotII1'Nned IOIaIy by KJoIIS) lor _ IemS by more tIe110%.0< ....... KWUIS. In Ms .... dIscreUon. -..... "* ~ .......... are being _ In IIf'J r_. CUItonB' ov-"* KJoIIS __the rlghllO ctoarga ,... IIf'J such _ 0<.......,.,.. usage. 27. ENTIRE MMDmfT: ThIs Is the ....... ~_ CUItonB' ..... KIoIIS ..... .......IIf'J propasol 0< prior ogr--.t. enl 0< _ . 0< Iny _ ~IIIIIIIng 10 ""*" IIIIVIces lor KIoIIS equIprta1l ..... Mmey not be _.dlsclolrgod. chIngod. 0< modified except by ., InstnnIort In -.g 19*1 by • dUy __..-~Md1 jaty. CUItonB' ..."* IIf'J Pun:Iwe Ordor 0< _ cIoamIIUIIon Issuod 10 KIoIIS c:avnog the 8qlOpmenI 0< -...... Is Issuod lor JUpooe ~.~..... Custonw's InI8mII use only...... IIf'J _ ..... cor-.. COfCaIned IhenIIn _ not rroodIry 0< add 10 the _ ..... condtiDns ~ this ~ThIs ~will not be oIIIIcINe .... ..".".... by ." __..--~ KJoIIS. Notice ~ oocoptance Is IwoIIy _ by CUItonB'. APPROVED, AS TO FORM Iy:,____ AMENDMENT TO MUNICPAL LEASE AGREEMENT THIS AMENDMENT Is made as of this ~¥~day of J(./Iy ,2008. WHEREAS, aty of cannel d/b/a cannel Engineering Department ("You" and ·Your") and Bane of America leasing & capital, L1.C C"We", ·Us" and ·Our") desire to enter Into a Munldpal Lease Agreement No. dated (the ·Leasej and; I WHEREAS, In order to enter Into the Lease, the parties mutually agree to make the following changes to the terms of the Lease. NOW, THEREFORE, the parties hereby agree as follows: 1. The eighth sentence In Paragraph 2 (General Terms; Payment Adjustments; Effectiveness) Is deleted In Its entirety. 2. The words "when due" are replaced with "within 10 days of when due" In the second sentence In Paragraph 4 (Late Olarges; Other Olarges). 3. The words ·10 days" are replaced with ·20 days" In the first sentence In Paragraph 13 (Default; Damages). 4. SUbsection (d) Is deleted In Its entirety In Paragraph 13 (Default; Damages). 5. The last sentence In Paragraph 18 (Non-Appropriation) Is deleted In Its entirety and replaced as follows: ·You shall not, within a period of Non-Appropriation, aajulre by any means equipment similar to the Equipment to replace the EqUipment, unless same shall be leased from us." 6. All provisions of the Lease not amended by this Amendment shall remain In full forc2 and effect as set forth In the Lease. crry OF CARMEL d/b/a CARMEL ENGINEERING DEPARTMENT BANC OF AMERICA LEASING & CAPITAL., L1.C By: '2Z2~ By:------- Name: ____________________________________________Name: !1JUlAru. r, I1l../3#1M.. T1tIe: (dry eU41JJE£ e. Tltie:-------------------- Dare: _____________________Date: ,Jvw 2J{ .204W.; · , , I. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: __________ Printed Name Mary Ann Burke, Member Date: __________ Title Lori S. Watson, Member FIDfTIN: __________ Date: __________ SSN if Sole Proprietor: _______ ATTEST: Date: ____________ Diana Cordray, IAMC, Clerk-Treasurer Date: ____________ [Z,IE llullMy Doaomm••IProf<a" • .oI S<nic:eoIFORMSIGoodJ 4 5<ovica . ~8.06-07.doc:71l212008 12:40 PM] 7 I Duncan Robertson, Inc. APPROVED,~TO Engineering Department -2008 FORM BY:_1!L""",-_Range Line Road Bridge Replacement. Appropriation #202-4462834: $300,000.00; 206-4462834: $300,000.00;206-4462300-$97,619.59;206-R4462300-$45,646.81; #202R4462834-$70,000.00 P.O.# 19135 Contract Not To Exceed $813,266.40 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Duncan Robertson, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read arid understands this Agreement, and agrees that its execution of sarne constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation numbers 202~4462834; 206-4462834; 206-4462300; 206~R4462300; 202~R4462834 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 . Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Eight Hundred Thirteen Thousand Two Hundred Sixty Six Dollars and Forty Cents ($813,266.40) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained. on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has , previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for " 08-05 Range Line Road Bridge Replacement Over Cool Creek" received by the City of Carmel Board of Public Works and Safety on or about July 22, 2008, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. (Z,I[ BwlMy Docum"'IJIPror ...-.;...aJ S<rn=IENGJNEERJNG\2008\Du0ao Robauoo Good> 8< S<rvicc;.do<,7IJ1lI2OO8119 AMI Duncan Robertson, Inc. Engineering Department -2008 Range Line Road Bridge Replacement Appropriation #202-4462834: $300,000.00; 206-4462834: $300,000.00;206-4462300-$97,6 I 9.59;206-R4462300-$45,646. 81; #202R4462834-$70,000.00 P.O.#19135 Contract Not To Exceed $813,266.40 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is . filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendors sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or .breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: . Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendors provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. (Z;\E B~'MyOocummlli\Profa:!£iooaJ SC"Viccs\ENGlNEElUNG\200.I\DWU:ao Robcrt..'W'I Good..-.l &. Soviccs.doc;7nOl2OO8 ~19AM) Duncan Robertson, Inc. Engineering Department -2008 Range Line Road Bridge Replacement Appropriation #202-4462834: $300,000.00; 206-4462834: $300,000.00;206-4462300-$97,619.59;206-R4462300-$45,646.81; #202R4462834-$70,000.00 P.O.#19135 Contract Not To Exceed $813,266.40 Vendor furt~ler agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's. agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors ·and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their ernployment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any proVision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof.. 13. 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. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreernent is to be construed ill accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. (Z;\E Ba.mMy DocummlJl\f'r~ra.uOOa1 S~\ENGrNEERING\2<m'.r>unc» Robcru.oa Good.s &:. SCl"'iiceuJoc:7fJ0Il008 ~19 AM] Duncan Robertson, Inc. Engineering Department -2008 Range Line Road Bridge Replacement Appropriation #202-4462834: $300,000.00; 206-4462834: $300,000.00;206-4462300-$97 ,619.59;206-R4462300-$45,646.81; #202R4462834-$70,000.00 P.O.#19135 Contract Not To Exceed $813,266.40 16. 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 deerned reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Mike McBride AND Douglas C. Haney, City Attorney, Department of Law ,One Civic Square Carmel, Indiana 46032 If to Vendor: Duncan Robertson, Inc. P.O. Box 457 Franklin, Indiana 46131 Telephone: 317-736-6024 E-Mail: duncan6024@embarqmail.com ATIENTION: Michael D. Robertson, President Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to agreater amount. IZ:\E ea.",\My Docu.mCDl1\PrOro..~ooaJ Savica\ENGrNEERING\l~ Robcn.'OOh Goods &. SC"Vic.cs.doc:7fJ0Il008 ~19 AM] Duncan Robertson, Inc. Engineering Department -2008 Range Line Road Bridge Replacement Appropriation #202-4462834: $300,000.00; 206-4462834: $300,000.00;206-4462300-$97,619 .59;206-R4462300-$45,646.81; #202R4462834-$70,000.00 P.O.#19135 Contract Not To Exceed $813,266.40 18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to agreater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame 'in which same are to be provided. Only after City has approved Vendor'S time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A c'opy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, . unless otherwise agreed by the parties hereto. 22. 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. 23. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal . representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant thatthey have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. (Z:'I.E B.t.:o\My Doaam<DlS\ProfouionaJ ScMca\ENGrNEERING\200'8\Du..bCAD R.obc:r\sm GocxL; &. SG'vica..doc :7fJOI2OOIl ;19 AM) ------------------ ------------------ ------------------------ I DuDcan Robertson, Inc. l~ue«iJlI Depanmeat -2008 Rule Uno Road Bridee Replacemem Appropriadan 1.202~834:S300,OOO.00; 206-4462814: S300,ooo.OO;206-4462300.S97,619..s9;206-RA462300-S4S,646. J; 1.202"4462834-$10,000.00 P.O.'1913S ColltIaCt Not To Exceed $813,166.40 26. ENTIRE AGREEMENT: This Agreement together with any exhibits attached hereto or referenced herein, constitutes the ~tire agreement between Vendor and City with respect to the subject matter hereof, and supersedeS all PrIorr:1 or written representations and agreements regarding same. Notwlthstandfng any other 181m or conditio set forth herein, but subject to paragraph 16 hereof, to the extent any tann or condition c:ontahed In anye L!hlt atudted to this Agreement or in any document referenced herein conftlcts with any term or oondwon contained In this Agreement, the telm or condition oontalned In this Agreement shal govern and pre This Agreement may only be modffied by written amendment executed by both parties hereto. or suooessors In ilfentst IN WITNESS WHEREOF, the parties hereto have made and executed Ihfs Agreement as follows: CITY OF CARMEl., fNDlANA DUNCAN ROBERTSON. INC. by and through Its Board of Public WOI1<s and Safety James Brainard, PnlSIding Officer Authorized Signature Date: PrInted Name Mary Ann Burke, Member Date: TiUe Lort S. Watson, Member FJOffiN: :36-/31{)(P11 Date: ----------------------SSN If Sole Proprietor. ___--+_ ATTEST: Date: 7-.8tJ-og Diana Cortlray. lAMe, Clerk-Treasurer Date: non, By: ,~ n(1_ln 1A" ...... ,,~~w.n_QoMl.~!"... •• d a "PH ,Oll! "00 I ""f-t!.'L\.J UUI\U,",,, IAIV , ... nl "1u PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, andto perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total (;lGi-I T HtJ/fJDREI> 7Hl1!. TEeN THolL 5I'I1V D TWO H/U!.DCQ2 SIXTY S1r lJDUII-IlS IINi!. ~Ol1ars ($ g /3, ;U.r.';'10 ). ee ~ . The Bidder acknowledges that evaluation of the owest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or bindfug. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity ofany item of Work to be performed or furnished under the Contract. "EXHIBIT A1 , BID-3 !v . UVDL~ ~VgL~'~Va ~DL. ~LG~~ n '&.U1a' .t.a:'LC&''' .t.1l1j~UCC&.J.UIj U.&.:' L&.J.1JL .... J.U ,-""' -uu "'._o,,~.. ~.. UnitT)escri plion Itl".mNu. ~anti~ Pril,;t,; Tutlll .Pti~t,; 53 PIPE. PVC. 4 IN. 4& LFT b',o() :( '10,00 54 PIPE CATCH BASIN, 24 IN . 3 EACH IO~O~OO ~OOOIOO 55 FLAP GATE, 18 IN. 2 EACH 5'()O,~ 1,000,00 MASONRY COATING LS56 /500,00 ~500,OO 57 ROAD CLOSUR E SIGN ASSEMBLY 10 EACH a5(),OO ,;'l,500 ,00 58 DETOUR ROUTE MARKER ASSEMBLY 22 EACH IdO,(X) ~t;, L/o,Oo 59 CONSTRUCTION SIGN, A 6 EACH d15,00 ~~q(),OO CONSTRUCTION SIGN, B 5 EACH60 55,00 ;??5,OO 61 MAINTAINING TRAFFIC LS 'l;O()O,a> 62 BAR RICADE. III-A 16& LFT ;;l ~,{)O 3f,. 9IP.{)(J (';l LINE, PAINT, SOLID, WHITE, 4 IN. 680 LFT J, '1S-t 190,00 (,4 LINE, PAINT, SOLID, YELLOW, 4 IN. 924 LFT /75 ~{, 17;/JO 65 PRESENT STRUCTURE. REMOVE. STRUCTURE NO.2 LS :J5j ~OiJ ,()O R:l..c;o Rid Tol.11 -8/~2~~~ "EXHIBIT -tt~(L{ " 131D-G { EXHIBITB Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: ServicesGoods TotalGoods/Services Provided Cost Per HourlyDatePerson Providing Rate/(Describe each good/service ItemGoods/Goods/Services HoursService separately and in detail) WorkedProvided .. GRAND TOTAL . - Signature Printed Name EXHIBIT C mSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): , Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 --', ...•,. CITY OF CARMEL APPROVED AS TO FORM BY ~ L... ').-.I)Y. ~ TO: Yardbcrry Landscape Exc. Co. CONfRACf CHANGE ORDER NO.: I-Final 9940 S I ()()() W DATE: July 24, 2008 Anderson, IN PROJECf NAME: 07-OS Canuel View, Eden Glen, Westfield Blvd CITY REQ. NO.: CITY PO NO.: CITY PO DATE: I. You are directed to make the following changes in this Contract: Changes per attached table were for: change in pipe size to accommodate locally owned utilities and to avoid project delays ifrelocation had been required, the addition ofretaining wall at local request and a post construction berm repair due to site owner damages. SCHEDULED ADJUSTMENT IIEM AMOUNT C+) ORC -) DAYS Original Items 1 through 32 ($23,008.00) New Items 33 through 39 $27,469.04 Final Change Order Amount $4,461.04 39 n. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part ofthis Change Order: R.F.P.:NLA.. W.D.C. NO.: N/A Other: attached change order table The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $193,585.00 Contract Price will be increased by this Change Order $4.461.04 New Contract Price including this Change Order $198,046.04 Contract Time prior to this Change Order 60 Days 1211512008 Completion Date Net increased resulting from this Change Order 39 Days Current Contract Time including this Change Order 39 5/9/2008 Completion Date This Change Order is for full and fmal settlement ofall direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Accepted Approved Recommended CROSSROAD ENGINEERS Yardbeny Landscape and Exc. ENGINEER CONTRACTOR JameSBra~ 3417 Sherman Drive 9940 S 1000 W 2?J/2~ Address Address Michael McBride, City Engineer Beech Grove. IN 46107 Anderson. IN 46017 City/State/Zip City/State/Zip Mary Ann Burke, Member By: Lance Stahley By: Tim Yarbem Lori Watson, Member Phone: 317-780-1555 Phone: 765-378-5783 ATTEST: Date:_______ Diana Cordray, Clerk-Treasurer Date:'-------Date:________ r ' .-.. CITY OF CARMEL Carmel View, Westfield Blvd and 1I6tb aad EclenGlea n ........ e, PROJECf ##07-05 CHANGE ORDER TABLE TOTAl ORIGINAL CONTRACT PLUS CHANGE ORDER ITEMS ORIGINAL CONTRACT PRICE SI93,585.00 CHANGE ORDER '1, FINAL $4,461.04 NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS S198,046.04 -------------------------- CITY OF CARMEL APPROVED AS TO FORM BY ~ TO: Bill Babcock CONTRACT CHANGE ORDER NO.: Final I...,~y .. Becker Landscape Contractors DATE: 21..Jul-08 3749 N. Kttley Ave. PROJECT NAME: 116th and 126th Street Roundabouts #08-01L Indianapolis, IN 46226 CITY REO. NO.: CITY PO NO.: CITY PO DATE: I. You are directed to make the following changes in this Contract: #1 Provide Decorative Concrete P for Truck Apron at 116th and Clay Center #2 Provide Additional Materials to finish site work at 116th and Ditch Roundabout· due to exlsltlng construclton size being larger than documents had Indicated SCHEDULED ADruSTMENT ITEM AMOUNT (+)OR(·)DAYS Decorative Concrete Pavement $19,536.00 (+) °Days Topsoil $1,836.00 (+) °Days Sod $468.22 (+) °Days Irrigation System $880.60 (+) °Days Aluminum Landscape Edging $2,613.60 (+) °Days II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.:_N/A_X_W.D.C. NO.: ___ Other: The changes result in the following adjustment ofContract Price and Contract Time: Contract Price prior to this Change Order I 382,166.99 Contract Price will be increased/decreased by this Change Order 1 25,334.42 New Contract Price including this Change Order i 407,501.41 Contract Time prior to this Change Order 71 Days Completion Date 3O..Jun-08 Net increased/decreased resulting from this Change Order Days Current Contract Time including this Change Order 71 Days ° Completion Date 3O..Jun-08 This Change Order is for full and final settlement ofall direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Approved Recommended Accepted RATIO Architects. Inc. Becker Landscape Contractors ARCHITECT CONTRACTOR James Brainard, Mayor 2169 Glebe St.. Ste. 200 3749 N. Kltley Ave. Address Address Mary Ann Burke, Member Lori Watson, Member ATTEST: Diana Cordray, Clerk- Treasurer ::;;/ ~2~ Date: 07/21/08 Date: 07/21/08 Michael McBride, City Engineer !. i Date: 2~~'2tXJV Indianapolis. IN 46226 City/State/Zi : Bill ------------------------- rc~ ..~ ( \ APPROVED AS TO FORM BY ~ CITY OF CARMEL L..OU/rl. TO: Dick HiH CONTRACT CHANGE ORDER NO.: 1 Engineering Admininstratio City of Carmel Indiana One Civic Square Carmel, IN 46032 n DATE: PROJECT NAME: CITY REO. NO.: CITY PO NO.: CITY PO DATE: May 15, 2008 Grand Boulevard 06-15 I. You are directed to make the following changes in this Contract: a. Removal of unsuitable materials between STA 31+50 to STA 35+80. SCHEDULED ADJUSTMENT ITEM AMOUNT (+)OR(-)DAYS n. The following referenced Documents further describe the changes outlined in Paragraph L and are to be considered a part ofthis Change Order: RF.P.: W.D.C. NO.:___ Other: The changes result in the following adjustment ofContract Price and Contract Time: Contract Price prior to this Change Order $ 2,607,787.91 Contract Price will be increased/decreased by this Change Order $ 153,099.00 New Contract Price including this Change Order $ 2,760,886.91 Contract Time prior to this Change Order Days Completion Date Net increased/decreased resulting from this Change Order 0 Days Current Contract Time including this Change Orde __Days Completion Date This Change Order is for full and final settlement ofall direct, indirect, impact costs and time extensions incurred at any time resulting from the performance ofthe changed work. The Above Changes Are Recommended American Structure.point Inc. ENGINEER 7260 Shadeland Station Address Indianapolis. IN 46256 city/Stale/Zip Byf[)U AtI, b t1AAc.14A-L.4 Phone: 311-281-CJS(.3 Date: 5/IS103 I I The Above Changes Are Accepted E & B Paving. Inc. CONTRACTOR 12600 SR 38 East Adchss Noblesville. IN 46060 CitylStatelZip BY~~ ~ Phone: ~I\-'l<:" "'n~ Date: ~\\ S\D2) Approved James Brainar~ :k2~ Michael McBride, City Engineer Mary Ann Burke, Member ATTEST: Diana Cordray, Clerk-Treasurer Date:_________ ______ INDIANA DEPARTMENT OF TRANSPORTATION FCR PAGE NO. El CONTRACT: CC-70446 CHANGE <lU)ER NO. 1 PROJECTS: (0770446) LPA-n Whereas, the Standard Specifications for this contract provides for such work to be performed, the foll~ng change is recommended: Pay Item #0089 is being added to the contract. This item is for the retroval of the unsuitable material between STA 31+50 to STA 35+80. The payment is to cover the additional cost to the contractor for hauling and dumping fees for the material. r I CONTRACT: CC-70446 CHANGE <lU)ER NO. 1 PAGE 1 OF __ I I 1 J I IC ICLN IDESCRIPTION UNIT PRICE QUANTITY AHOlJIT I Z CHANGE I IE IPCN I UNIT I ----------I IF IPLN ISUPPLEMENTAL DESCRIPTION ITHIS ITOTAL I I I I 1 I I IE 10089 IDISPOSAL OF WASTE MATERIALS 153,099.000001 1.0001 153,099.001 100.01 100.01 I 10770446 1 I LS I I I I IN 10089 IREMOVAL OF UNSUITABLE MATERIALS (SPEC REF 210-06549)1 I 1 1 I I I I IREASON : 403 -CHANGED COND, Materials Related I I I I I I I I t t I I I NET TOTAL S 153,099.00 It is the intent of the parties that this change order is full and complete compensation for the work described above . Notification and consent to this change order is hereby acknowledged . Net Change Order amount is S 153,099 .00 COntractor: C~\S ~"\Nq \ Date: s-\ $-08~~:2-== Submitted For ConSideration LPA SIGNATURES -OR -FHWA CONCURRENCE ~~~~-~-$li1i~------------- AE ___ OPS FE ___ 2z2~.L ~11Y~4//J$i:L 7/2-?/qg OCE DIV CHF____ II APPROVED FOR INDIANA DEPARTMENT OF TRANSPORTATION H H 11 ----- II (SIGNATURE) (TITLE) (DATE) New items as indicated above have been verified and added to BAHS by: on ________ Page 1 of 1 Machala, Dave From: Machala, Dave Sent: Wed 4/16/2008 1:36 PM To: tomdeklyen@gradexlnc.com; steve.vamer@ebpavlng.com Cc: McCormick, Josh; mmcbrlcle@carmel.ln.gov Subject: Grand Boulevard Dirt Removal Attachments: Tom, I have received a total of thirteen (13) invoices for the removal of the unsuitable material on the east side of Grand Boulevard between December 6, 2007 and February 15, 2008. The invoice numbers are as follows: #2706, #2707, #2815, #2816, #2817, #2781 , #2780, #2818, #2819, #2828, #2833, #2834 and #2835. The original total for these invoices is $174,914.76. After reviewing the invoices, dump tickets and our dailies, I believe that some adjustments are owed the City of Carmel. I have reviewed the dump and trucking tickets and based on the dump tickets there are 1,051 triaxle loads of material taken to the Noblesville Landfill. According to the trucking tickets, there were 1,147.5 hours of trucking of material to the Noblesville Landfill. While reviewing the tickets I found many discrepancies with both sets of tickets. I believe that the correct number of triaxle loads of material taken to the landfill should be 1,083 loads and based on average trip times (1 load/hour) there should be a total of 1,083 hours. The total cost based on your tickets (which have errors) equals $128,633.25 and my cost of number of loads equals $124,545.00. I propose to pay the $124,545.00 for loads and then add the cost of the crew time. The following shows my proposed amounts for each invoice for crew time only: #2706 -$2,704.00 #2707 -$2,704.00 #2815 -$2,928.00 #2816 -$2,028.00 #2817 -$1,352.00 #2781 -$2,366.00 #2780 -$2,704.00 #2818 -$2,704.00 #2819 -$1 ,352.00 #2828 -$0.00 #2833 -$2,304.00 #2834 -$2,704.00 #2835 -$2,704.00 Sub-Total =$28,554.00 (crew time) Grand Total of Change Order = $153,099.00 Please review and let me know if you have any questions. I know that you would like to meet with Mike McBride to discuss the excavator and operator that I have deleted from invoices #2833, #2834 and #2835. And also the deletion of the invoice #2828 in its entirety. Thanks, David Machala American Structurepoint, Inc. 317.281.95631 cell 317.543.0270 1 fax www.structurepoint.com https:llmail.structurepoint.comlexchangeIDMachala/Sen~1020ItemslGrand%20Boulevard%... 7/25/2008 .,.--.~ Invoice 'ii·Ii,M Gradex, Inc. 3685 Priority Way S. Drive, Suite 140 Indianapolis, IN 46240 @Mlt.+~ E & B PAVING -NOBLESVILLE 17042 MIDDLETOWN AVE 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 NOBLESVILLE, IN 46060 Notes: .' .. $9,822.50 12106107 HAUL WASTE DIRT (UNSUITABLE) FROM EAST OF '~'.' ~ -: .... ! ROUND-A-BOUT @ OLD MERIDIAN STREET TO DUMP ..-~ "" "~.~l~ j Total Due $9.822.50 £7 LOAl:>S IN 63 I-h?S -0 ~5 Page 1 of 1 ~ Invoice --Grade~,.ln~ay S. Drive, Suite 140 3685 Pno~ty IN 46240 Indianapolis, 15)Wi.M~E & B PAVING -NOBLESVILLE 17042 MIDDLETOWN AVE 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 NOBLESVILLE, IN 46060 Notes: . ',. ,.: $11,317.50 .:..~... 'I:!12107107 HAUL WASTE DIRT (UNSUITABLE) FROM EAST OF . ;!-"-••.:-,.ROUND-A-BOUT @ OW MERIDIAN STREET TO DUMP ,---,-_ :~.':'~~-:-,~'f>:.I~t.i~__j Total Due $11.317.50 ( &2. LoAb~ /,.) 70. 2S' ffI<.i 8/112.5.." --= Page 1 of 1 ~ Invoice Gradex, Inc. 3685 Priority Way S. Drive, Suite 140 Indianapolis, IN 46240 ~10!·i(•• 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 Notes: 01115108 HAUL WASTE DIRT FROM PILE EAST OF ROUND-A-80UT @ OW MERIOIAN TO DUMP REPLACES INV #2804 $16,483.63 IOC{ Lb5 oJ 1/7, ZS HP-S -f Hf2S ooc:::: Page 1 of 1 ~ Invoice ~Grade~,.lnc. S Drive, Suite 140 3685 PriOrity Way . y . IN 46240 IndianapOliS, ~ E & B PAVING -NOBLESVILLE ehl·u 17042 MIDDLETOWN AVE 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 NOBLESVILLE, IN 46060 Notes: :;'~r .--,.. t:~~.;:~ $9,491.50 01116108 HAUL WASTE PILE FROM ROUND-A-80UT @ OLD MERIDAN & :,~' :--~::_, i :-;-. ;.-\ GRAND TO DUMP _"___.';2:'·-;'':i~';':~!;' .1 REPLACES INV #2805 Total Due 52 Lol:>bS I,J 6Z.2~~5 -S".S ~~ Page 1 of 1 .----;1 " Invoice ~Gradex, Inc. S Drive, Suite 140 3685 Prio~ty wa16240 Indianapolis, IN ~ E & B PAVING -NOBLESVILLE 15hi1·"·· 17042 MIDDLETOWN AVE 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 NOBLESVILLE, IN 46060 Notes: 01117108 HAUL WASTE PILE TO DUMP SITE REPLACES INV#2806 $7,941.50 Page 1 of 1 -- ~.. .. Invoice -Grade?",Inc. S Drive, Suite 140 3685 Pnonty Way 40 Indianapolis, IN 462 @i1i·UN~E & B PAVING -NOBLESVILLE 17042 MIDDLETOWN AVE 17042 MIDDLETOWN AVE NOBLESVILLE, IN 46060 NOBLESVILLE, IN 46060 Notes: ~ , $11,876.50 01118108 HAUL WASTE PILE TO DUMP '::.~-''''' ;:;:-~~;.:.~.~: Total Due $11.876.50 Page 1 of 1 CITY OF CARMEL APPROVED AS TO FORM BY~ TO: Mike McBride CONTRACT CHANGE ORDER NC 1 t... 1..qJ~ Dick Hill DATE: 7/29/2008 PROJECT NAME: Monon Bridge over W. Carmel Dr. CITY REO. NO.: CITY PO NO.: CITY PO DATE: 1. You are directed to make the following changes in this Contract: Additional Catch Basins and various sizes of PVC pipe required to tie in unforeseen existing draintiles. Addition ofwww.mononbridge.cominformation signs and additional pedestrian information signage. SCHEDULED ADJUSTMENT ITEM AMOUNT (+)OR(-)DAYS #72 Catch Basin E-7 $2,828.60 o #97 Construction Sign, C $3,249.92 o #98 Pipe, PVC, 8 in. $1 ,200.00 o #99 Pipe, PVC, 4 in. $1,125 .00 o II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.: ___ The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $3.246.858.18 Contract Price will be increased/decreased by this Change Order $8.403.52 New Contract Price including this Change Order $3,255,261.70 Contract Time prior to this Change Order Days 11/15/2009 Completion Date Net increased/decreased resulting from this Change Order 0 Days Current Contract Time including this Change Order __Days 11/15/2009 Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Approved Recommended Accepted ENG~EER CONTRACTOR James Brainard, Mayor U~~L'j ~-k"U:1/ Address •0 Address Mary Ann Burke, Member 1625 N. Post Rd. 4050 Rockville Rd City/State/Zip Lori Watson, Member Ind~~ By ATTEST: Phone: 317-484-1500 Date: 7.29.2008 Date: 7.29.2008 Engineer "q"te:. : ____________________________________ ___ • 07/23/2008 10:51 317561316135 SOUTT LCD<ABILL p~ 02104 contr&ct No:B -27185 Change Order No.: 001 INDIANA Department of Transportation Page: 2 Conatruction Ch.ng. Order and Tim. Exterwion Summary RevIew and Approval Information Required Approval Author1ty ($ per Change Order) (Oa)'8 per Contract) AE: DeE: SeE: • ODCM:, (-lE S250K-) (-lE $ 750K -) ( -lE $ 2 M -) ( -GT $ 2 M ( 50 55 days ) ( 100 SS days) ( 200 SS Days) ( G I' 2UU SS • -) days) Verbal Approval Required? Y/N~Y.~ Dmelu~~____-- Total Change To-Oate>5%? YIN If Y , Copy to Program Budget Manager_________ ScopeIOesign Re<X>mrnendation Required? YIN If Y. Referred to Project Manager(PM) _________ Data to PM Date Retumed,_____ _ Approvel Authority ConQlra wHh PM? YIN If Y, Concurrence by Oate'_____ If N.Reeolutlon: Approved Disapproved ~___ ResolVed by Date,______ LPA Signatures Required? YIN If Y. Oam to LPA Date Returned ___ FHWA Signatures Required? YIN It Y. Date to J-HWA Date Retumed,____ • Field Engineer Recommendation (Required for SeE or DDCM Approval) Field EnglnHr ________~_ Oate_--- Commen~: 87/23/2888 18:51 3175691695 sa-un LCO<ABILL PAGE 83/84 Contract No:B ·27185 INDIANA Date:0712212008 Change Order No:OO1 Department of Transportation Page: 3 ,a_~-_-"'__"_'-""""'H'.:.~.~""'",~~ ,................,.....~......t1'... L")u'r-',.~.t~a;.· " · ....... "'...... _,,--... CUI',1n:K;l; B ·27185 project 0300059 • State:9929038 Change Order Nbr. 001 Change Order Descrtptlon: Addtional Structures and AddlionBI Detour Route Signage Reeeon Code: SCOPE CHANGES, Locol Agency Rcquc:rt ~--CLN PCN PLN Item COd; ~'~---Unlt Prtoe co oi,~."'-ComrMnI "AiiiOUnt a.,.. 0072 03000l0 ooeo ~S2a5 EACH 1.414.300 2.000 o NnouncS 2.826.60 11m DnGrIptIon: CATCH BASIN, E7 SUpplemental Delc:rfp1lon1: ~De.~; EACH 406.240 8.000 c AmountS 3,2411.82 ~De8CrIptIOn1; InfomUIIIOn Signa and Wo/t( Zont Penally __ ~~n2: 98 030009 104 71~ L.FT 4&.000 25.000 c AmountS '.200.00 11M! Descrtpdon: PIPE. pvc, • IN. suppeme.", Desclr1Ition1: DnintIe ~~ II 0300000 '05 71~7 LFT 4!1.DOO 25.000 c AmountS 1,125.00 ....... Doe........, PIP&, PVC, 4 IN. ~trMntIII Dac:ripIon1: Drllintile 8UppIemenllll DeecrlptlOlli2: Toea! VIIu@ for ~0rdIr 001 • S ',403.52 WheruI, ilia 8randard IpaoIftaatJons for ItIIs oontnIOt provIcIn for euce. WOlle III Itt performed, ...fGIIOWIng CIMnIt II reoommenlilid. o.-16I'~~Ord.r ~nfton Addtlonel Type C signs were 8ddtd eo ~WItII tI'II Work ZoM IIIfIIty SignIIge requinld for .. projedI Type C IignI were'" rwquatIId by """ Jr,oo!ollPA to ~add'ltionellnform.llon 10 ttIe ~"ubIic. .,."...lncIude h _.mononbItdp.com .tgna _ well _ TrIIII open 10 Cfty c.nter and M~,;gns AddIioMI Type E-7 '"'-w.re nMCIed In onIw to drllln the.po.nt pMdng!at. 3 w,""'....ouIIIt pipe ..... ~durinCI during .,pllKllment of the 24" Ibm trunk 11M. ~~...".. ere ne.dlld ..well., InGIude ." _." PVC d,.ntIIes The cxIIUng dr8Inths willie cfIredIy IntD I1e new &-1 ItI\JCIUI'OC ca..,. Order E!xptIIn.alon far IpKItIc Une ..." .............. ............. . .......,....................................1.1.1 .11...... 11.1" It ~the i1tent of the pMIea 1Ml .... ctwng. ordIIr .. fUll and compIeIe ~for Iho WOI'k ~1bCIVt. NoftIoatIon MId 00ftHI'It Ie _ ......p .......... /\..-.by tdo'IowIed. __ . xJ.("rr_L"IIC.."'I3ILL ~. I",~. -_.. (}JVit=~,--............--........--------------..... Dale; Jvc.y 13. 2 ~o8 M.~J I I I II I •• I ................................,...._____~.~•• •••••M•••Mt.M.________________ NOTE.: oth.. r.quIred state and FHWA IIgnalUrM wII bo obtained tlt(:bOi....y IIV'OUgh Iho S1MDnagcIr cystIm. · '" El7/23/2E1E1a lEI: 51 3175691695 sa-un L.CD<ABILL PAGE El4/El4 Contract No:B ·27185 INDIANA Date:0712212008 Change Order NO:001 Department Of Tranaponatlon page: 4 ~,.~..~..-----~.,...~...."'''''A ...", " ~~...... "ir·.~;rti.,,=' ••Jlal: '1 '4 ••a'••u .....u.,u a.. It. .. . ............ ......,................................u. APPROVED FOR LOCAL PUBUC AGENCY 'ff;,2 ?zl/b..25' t,Ty 1uuINu.e 2L?j24')8 'i8lGNAT\JA!) (TI~) (SIGNATURE) (TInE) (OA~ 11111.11 r•••••••••••••••••&.... ...-...-..__~............." ••I .............................. 9UBMITJE) FOR CONSIDERATION ~---------------- ............ ........... ............. • '1'1"".''''1 I. tll.........U........ - APPROVED FOR INDIANA DEPARTMENT OF lMNSPORATION Approval L8~"....,....-_. ". Nerne·of'A'P"PrOV'w"'·· . "--6. .--~...~--. .-"Si8iU~"""'''.'''' ...... Area Engineer Goldner. Rob 0010010000 Action Pending ~~"'~-:..-oII.n·.... __~-"....,...,...-..~~~.,...,-.~• .,..""......-:rftI""!r\'VM-",~~,"'·~-r,-"'.,.·r...... CITY OF CARMEL IjAI'f/V I r I FACILITY USE REQUEST FORM \D'\~ Name/Organization: Bene,a Sports, LLC Point of Contact: Steve Goar Address: 431 West Tenth St City, State, Zip: Anderson~46016 Home Phone: (765) 640-1641 Work Phone: L.l Cell Phone: ( 765) 620-8358 Fax Number .1....(---1.)_________ For Profit Organization: Non-Profit Organization: xx Individual: ___ Day and Date Requested: Sunday August 17,2008 Time Requested: 12:30pm a.m.lp.m. to: 6:30pm a.m.lp.m. (This includes set-up and clean-up time.) Rehearsal Date: Time: a.m.lp.m. to a.m.lp.m. City Facility Requested: Gazebo Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity __ Fountain Restroom Other _______ Purpose: Bicycle Race Benefit for Juvenile Diabetes Association Number of People Expected: 150-250 Vendors: Yes ---No X (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) Street Closure, Barricades, and NO Parking Sign posting Neighborhood Street Closing (Street(s), Address(es) Blocked) : Broughton Street, Cecil Street, Jackson Circle, Horseferry Road, Bird Cage Walk, Rhettsburry Street, Meeting House, South New Market, West New Market, North New Market, and Broad Street, in connection (1.1 miles) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. ()+A R~ceived this I 0 day of J u Yl e.. ,200 2, by the Office of the Mayor. ------------------ CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: _Northview Christian Life Church. ____________ Point of Contact: Doug Ehrgott__________________ Address: 535 E. 13151 Street City, State, Zip: __Carmel, IN 46033 _________________ Home Phone: ( 317 ) 846-2884 Work Phone: ~(~)'-________ Cell Phone: ( ) Fax Number ..( ----I)~_________ For Profit Organization: Non-Profit Organization: X--Individual: -- Day and Date Requested: ___Sept. 7, 2008 _________________ Time Requested: 8:30__a.m. to: 10:30 a.m. (This includes set-up and clean-up time.) Rehearsal Date: Time: a.m.!p.m. to a.m.!p.m. City Facility Requested: Gazebo Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity __ Fountain Restroom Other _______ Purpose: _Run/Walk Number of People Expected: __200___ Vendors: Yes ___ No X (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) ___________ Neighborhood Street Closing (Street(s), Address(es) Blocked) _Attached _______ The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason . .. j-/' I )Received this /1 day of -J U Y , 200~, by the Office of the Mayor. Mayor's Office Revised: 01107 ACKNOWLEDGEMENTANDAGREEMlliNT TO COMPLY WITH CITY FACILITY USE POLICY • I have read and understand tbe City of Carmel, Indiana ("City") FacUity Use Policy and agree to be bound by all the tennl and conditions set fortb therein. I will leave 1be City facility I use in the same condition that it 'was immediately prior to my use thereof. I agree to pay for any damage, repair or clean.up costs incurred by the City a5 a result of my use of a City facility. I hereby certify that I, and tbe organization I represen~ if applicable, agree to be bound by the City's FacUity Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by tbe Board. I understand tbat the Board has the right to deny or revoke my request for tbe ose of a City facility for any lawful reuon, and that the harmless by me and/or my organization from any damages, costs or expenses incurred directly or indirectly as a remit of such action. Please sign below and mail the completed form to tbe 0ff1ce ofthe Mayor. One Civic Square, CarmeL Indiana 46032. Approved this day of , 200_, r OTY OF CARMEL, INDIANA No\~V" tw lh6:bol1 L,"J-L By and Througb its Board of Public Works and Safety Name ofOrganization/Applicant vt·~Q~.o--- Signature of Authorized Agent! James Brainard, Presiding ()ff"H:er Date:___________________ Applicant tYl; ehG21 Vl-ltr)'¥;-Vl Printed Name and Title (IfappUcable) Mary Ann Burke, Member D~:__________________________________ _ 5'3>5 E./S/s}st.. Clv«L<X Address of Organization/Applicant Lori Watson, Member Date:___________________ Date: -;In Ilo<t I ATIEST: Diana L Cordray~IAMC, Clerk·Treasurer Da~:,_________________________ S~iuCondmoM: ___________________________________________________________ August 25, 2008 Dear Neighbors, On Sunday, September 7, we will be hosting our 8th Annual Hill Fest community celebration. We will have food, music, inflatables, and lots of other special attractions. Weather permitting, we will also have tethered hot air balloon rides on the property in the afternoon. Everything is free, and we welcome you, our friends and neighbors, to attend. It is our simple way of saying, "We enjoy being your neighbors and want to get to know you better, no strings attached." The festivities will begin at 12:00 noon and end around 6:00 p.m. We would also like to let you know that we sponsor a 5k walk/run as part of the day's events. The route for the 5k includes your street. We expect about 200 participants this year. The event starts at 9:30, so participants will be passing your house between 9:30 and 10:00 a.m. This event has been approved by the City of Carmel and will be escorted by the Carmel Police. We hope this event does not inconvenience you. We welcome your participation in the event. If you are a runner or walker, please consider joining us. There are many prizes and awards that will be given away. Registration for the race is $15 until the day of the event. You can register online at www.nvcl.orglhillfest. If you do not want to participate, we still invite you to come out and cheer for those running and walking. This promises to be a great event. If you have any questions, contact me at 284-8446. Thanks for being such great neighbors! Sincerely, Doug Ehrgott Local and Global Outreach Pastor --- ,.' ~ CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: CAR rn e l S 1 8 T ,. 0 N 1:1 () (1 S J () C Point of Contact: en B-.R '\ L 1 N OL-So,J Address: 502 lJ) A-L b R ~ c:J "e S..J' City, State, Zip: C RR(bel d...rl ~()~l.. Borne Phone: n \1) 'X 4 4 ' Q "i? 0 Y-Work Pbone: l...(---/.)_________ Cell Phone: (31'8 b 11 ·3093 Fax Number l...(--I.)_________ For Profit Organization: Non-Profit Organization: L-Individual: ___ Day and Date Requested: ~' e f '7 '). 4. ;; :2 D I.' ~ Time Requested: lo> : 3D ·a;m.lp.m. to: q ; (} c a;m.lp.m. (This includes set-up and clean-up time.) Rehearsal Date: Time: a.m.lp.m. to a.m.lp.m. City Facility Requested: Gazebo Fountain Area Caucus Room (1/3) _ (2/3)_ Council Cbambers )( Special Requests: Electricity __ Fountain Restroom __ Other _______ Purpose: aNN () A lAs so c OJ eel. N~umber of People Expected: li (pRo)( l 5 Vendors: Yes No 6. (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) ___________ Neighborbood Street Closing (Street(s), Address(es) Blocked) __________ Tbe Carmel Board of Public Works and Safety reserves tbe right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Received tbis .,36 -j-h day of .:Tu ) y , 200~ by tbe Office of tbe Mayor. Mayor's Office Revised: 01107 ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny or revoke my request for the use of a City facility for any lawful reason, and that tbe harmless by me and/or my organization from any damages, costs or expenses incurred directly or indirectly as a result of such action. Please sign below and mail the completed form to the Office of the Mayor. One Civic Square. Carmel. Indiana 46032. Approved this __day of , 200_, CITY OF CARMEL, INDIANA CaR mel 5 J B1 ., 0 rJ By and Through its Board of Public Works and Safety N arne of Organization/Applicant l'\\ CA.,,~I~ () h.Dy>..... Signature of Auth nzed Agent! James Brainard, Presiding Officer Date:___________________Applicant l'nBR·, k~N () b~() rJ V ~I ;-Rei15 Printed Na e and Title (If applicaHle) Mary Ann Burke, Member Date:_____________________ ?o Y>D>( bD~ CAR-meL Address of Organization/Applicant Lori Watson, Member Date:____________________ Date: ·1 -3 0 -0 "g ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date:____________________ Special Conditions: ___________________________________ ------ F.IH..' 5"'71-{l'"l~8 /IT$. I ##/Yf)/P /lJI/I/MI CITY OF CARMEL FAClLrry USE REQUEST FORM N arne/Organization: .. /411t. P'i k Iml/tf/1L ¥ b'~Tnl1,FF ~/I'Et'U/'"//J11I h Point of Contact: j7/lIlItJ// kII7lA6~c.r 1lt777Z1/f~F Address: 71:3 WII/TE/I.I!I.L/,L C/l1('7?7«,..;L/lI "'I~tJ ? 3City; State, Zip: /<11l1Gu/1( A'1I?1$F/UYHome Phone: CEIL (317) PL,lO·-I6;1S-Work rho.tle: (3/3 5''15'·-)13'/ Cell Phone: P~%&. (31'1) ;;G'tl-~ ?9'1 .. Fax Number ( ) ...._. .. For Profit Organization: .Non~rrofit Organiiation: Tndividual:-'x Day uud Date Requested: SI7lt(~/JI1'1 Sc,llTE/714E/f !!(II c?t7tJf] Time Requested: /I'.m. a.m.lp.m. to: /,1,1/. 77l. a.Di.lp.Ul. (This inchllil:s s~~up ~ntl cl~l\n-UII time;) Rehearsal Dute: Time: Il.m./p.m. to a.m./p.m. City Facility Requested: GftZebo..J{ }"ountain Area )( Caucus Room (1/3) _ (2/3)_._ Council Chambers Spedul Requests: Electricity ~Fo~ntuiJl Restroom ~Other _______ Purpose: j(lE#./J/ff"t ~ECE/Jnt?/ll Number ofPcopk EXpected: /I)(} Vendors: Yes ---No L (lfyes, please a.ttach li~t nfvendor(s) information.) Other Requests: City Street Closing (Large livents Only) _#;,-,--0-,'IJ~~______ Neighborhood Street Closing (Strcct(s), Addrcss(cs) BI"chd) ...:.~....:....:....:'Ifi---=---____~__ The Carmel Board of Publie Works and Sllfcty reserves the tjght, in its sole discretion, to deny any facility nse request and/or revol{e any previously granted request to llse u City facility for any lawful reason. Received this ,. -rho I.3D day of '-" J J Y ,200 II, by the Office of the Mayor. Mayor's Office Revised: 01107 .. ACKNOWLEDGEMENT AND AGREEME:Nt TO COMPLY WITH CITY FACILITY USE POLICY J have I·earl and understand the City 01 CArmel, Indiana ("City") Fncility Usc rolicy lind ogree to be bound hy all the tel·ms sud couditions sel forth tllcrcill. I willlellve the City fl1cility I lise in the s:une conllition that it wa.~ imnlt:diateiy prior 10 my lise Ihereof. I agree to pay for lIuy dalll.llgc, repajr or clean-lip costs incuired by the City as a result lit" my U!ie of a City facility. I hereby certify thnt I, lind the organization I represent, if OIjJplicable, lI/.:ret: til he hound by the City's Fllcility Use PCllicy and hy auy addition couditions or rcstrietioll6 plneed upon my/ollr lise of a City t"al,!i1ity fly the Hoard. 1 understaml that the BODid bll.\l the tigbt to dellY or revoke my request for the \l5C of 11 CUy fa,cility fllr l.my lawlui l'Cllson, lind that the harmles~ hy me and/or my orgauization from any dllmnges, eosts 01' expenses incurred di(eclly 01' indirectJy liS a result "f such actioll. Please sign below and JIlail the completed form to the Office of the.Mav.or, One Civic Square, C;ltmelj.lndi:ma 46032.-· ... Approved this __day of ,200_ /!ECL-ff/tll'I CITY OF CARMli:.L, INDIANA /11/11 /5rJrr()If.F.F 7/{,I7UlEAt.r8PTrtMrr .By and TIll·ough its Hourd of Public Works and Safety Name of Organizotion/Applicunt Jilrues Brainard, P..e~iding Oflicer Dille: //It-//.#t7~/lF.F .Pduted Name lind Title (If applic.nblc) 7'Sgl;.l/i//ElrA-tc,t'L, CMme~PV-Y~~ Address of Orcanizutiun/Applic;lut Date: tJ7/;Gp/:;p/I$ Milry AIm Rurke, Memhtr Dlltc:~~.~~___________~___ --------------~ Lori Watson, Member Dllte:_~~_. ATTEST: Diann 1.. Cordray, TAMe, Cleek·Treasurer nat~:___________________, ~ecial~ondition~: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "..... CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: Le.nhaJ Chrisoh an Ch4.("Lh Point of Contact: 5ctbrinCl \NOD ldr;d1<: Address: \2~2.. '\f4. I ~lo#! at City, State, Zip: Ca.r ('Y\ e.1 =i=rJclianq Lttao.3 2.. Home Phone: ) tJJ It Work Phone: (311) '8l/-(P -/230 Cell Phone: () NIA Fax Number (31) S~ I -q/p4-I For Profit Organization: Non-Profit Organization: L Individual: ___ Day and Date Requested: 5u.rd9j A-LLj u.s T c2Y-I "'2..00S Time Requested: 2 :0 0 a.m.l@ to: 8.30 a.m.S(This includes set-up and clean-up time.) Rehearsal Date: N \ f'lr Time: N \. A. a.m.lp.m. to N fA a.m.lp.m. City Facility Requested: Gazebo /' Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity ~Fountain Restroom V Other _______ Purpose:l'>iCo i c.. Q. coocert Number of People Expected: 300 Vendors: Yes ---No /" (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) __....:\\~D=-_______ Neighborhood Street Closing (Street(s), Address(es) Blocked) __n~o=--____ _ _ The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Received this ;( 9 -f~ay of Jv) y ,200L, by the Office of the Mayor. Mayor's Office Revised: 01/07 I r'#: ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by a\l the terms and conditions set forth therein. I will leave the City facility 1 use in the same condition that it was immediately prior to my use thereor. I agrce to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. 1 hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility lise Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. understand that the Board has the right to deny or revoke my request for the use of a City facility for any lawful reason, and that the harmless by me and/or my organization from any damages, costs or expenses incurred directly or indirectly as a result of such action. Please sign below and mail the completed form to the Office of the Mayor, One Civic Square, Carmel, Indiana 46032. Approved this __day of , 200_ CITY OF CARMEL, INDIANACenkaJ c..hr(shan Lny(c.h By and Through its Board of Public Works and Safety Name of Organization/Applicant Signature of Authorized Agent! James Brainard, Presiding Officer Date:_______________________________________Applicant Woo/dn e.. Printed Name and Title (If ap~licable) JJl.Jz W. J31ot!Sl-&md TAJ 1.jtrJ)jc. Address of Organization/Applicant Date: ~>dB, z.ooi Mary Ann Burke, Member Date:_______________________________________ Lori Watson, Member Date:__________________________________________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date:__________________________________________ Special Conditions: CITY OF CARMEL REPORT OF CONTRACT FINAL INSPECTION AND RECOMMENDATION FOR ACCEPTANCE Contract: Carmel Streetscape: Fourth and Main Street Project: # 05-02L Roundabout # Date Construction Substantially Complete: June 14, 2007 (The date all items were completed, except punch list and removal oftraffic control devices.) Intermediate Completion Date: nla Preliminary Inspection made by: Cheryl Chalfant, Rundell Ernstberger Associates Date: June 15,2007 # Date Punch List Items Completed: June 1,2008 Sod Maintenance Expired on: nla # Date Sod Repaired, ifnecessary: nla # Date Failed Material Replaced: nla Final Inspection made by: Cheryl Chalfant, Rundell Ernstberger Associates on June 15,2008 and all work was found to be satisfactory # Date Construction Signs and Temporary Traffic Control Devices Removed: June 14,2007 Pavement Smoothness (does) (does not) comply with Specifications. nla Pavement Markings (have) (have not) been placed in accordance with the IMUTCD manual or as directed by the District Traffic Engineer. nla Right-of-Way is clear ofall encroachments. Date ofLast Work June 1,2008 RECOMMEND ACCEPTANCE C ~£Ch~~ City ofCarmel, Hamilton County \) Project Representative LOCAL PUBLIC AGENCY • By::&:"2 '2t1&-2f CAlJA6.L err"! f~01}J~~ • By: • By: t~ c L JAMES BRAINARD, MAYOR July 30, 2008 Board ofPublic Works and Safety One Civic Square Carmel, IN 46032 RE: Staybridge Suites -Additional Pennsylvania Street Right of Way Dedication Dear Board Members: Mr. Christopher Laystrom of Wool pert, Inc., representing Triple Charter, LLC, the Owner ofthis property, has requested the Board sign the Dedication of Public Right of Way documents presented for approval. These documents dedicate an additional 12.70 to 15.14-feet ofright ofway for the east halfright ofway of Pennsylvania Street adjacent to the west property line ofthe Staybridge Suites. This dedication of additional right ofway satisfies the City ofCarmel's 20-Year Thoroughfare Plan Secondary Parkway Classification right ofway requirement of 120-feet totaV60-feet balHor Pennsylvania Street in this location. On bebalfofthe City ofCarmel, I would like to thank Mr. Laystrom and Mr. Thomas L. Cuni, Manager and Sole Member ofTriple Charter, LLC for this dedication. On behalfofthe City ofCannel, I recommend the Board accept and sign these dedication documents. Sincerely, J!l1J!~ Michael T. McBride, P.E. City Engineer MTMlrbh Enclosures S:\DHILL\8PW08\sTAYBRlDGESUITESROWDED DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov -_.E"~------=-=---.--------~~-------- ----------=.\-------------------.-..-.=.=_...:=;1---==-~--======-~ ( \ , ~---~ \ \ ~.='IIor"---,-=",----- I ~ I !I ~ I II -i-- I I iI -, : I aen ..... -4 !J ~~ IfzmZ:::aen _ -<0 I ~G") ~m J >en en C ..... =1;ummen ~ I-III I ~ iI +--1--------- I ;0 , .. . , ' ((;~[P-1f DEDICATION & DEED OF PUBUC RIGHTS-OF-WAY __10 FORIIIIY~ THIS INDENTURE WITNESSETH: That JQ:,.l:e. G ~A't-b.Il. LL l. OJ ~Dl:. 1.~.4..J J, 0 " .J. 'I;. CrJry!J!"'Y (Jointly and individually the "Grantor',), the fee simple owner(s) of the following described real property ("Property") described in attached Exhibit A, incorporated herein by this reference, which Property is located in the City of Cannel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Carmel, Indiana ("Grantee''), subject to all existing easements and rights-of-way ofrecord, for the sum ofOne Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance ofreal estate is not subject to Indiana " gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrument on the ~day of -:r...J c..t ' 2008. A,o cjt:~~ I,-~.' h~~l .. t'-4 ctY\oV>l\ooo"Vj By: ~d~ (Authorized Signature) -• hu""~ L. (}~ _,'. ('I\r..... -C\'" L Ic-J (Printed Name and Title) SvLe ",,___j,./'t. STATE OF Dh.\..) } } COUNTY OF H-~.'"",,,, } Before me, the Wldersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication and Deed ofPublic Rigbt~f-Way. Witness my hand and Notarial Seal this 9""-day of--:::rv.l'1 ,2008. -----:=:.C""'\ >-'::--. IG/A. A. fV1Usc, NotaIy Public (printed) ,~ :.,,<,~MY COMMISSION EXPIRES: ~..... ........... •... ';.~dJ. ,:.~~ , :." .', , 'Li.: .,~~1,b , ;., , '.' ,~r ':MnICM a IIUICiROVI ., ... ,.. ...COUNTY OF RESIDENCE: .;;fiI8; . . " "*rNIIID......of OhIo1 " .,0. P Pp .......DlUWlblrI1. ;./::.. ~~~~: f~~':~~~ ~ .', ··. ·,.,:1·;. I affinn, 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. Douglas C. Haney Instrument prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Cannel, Indiana 46032. E o .... 9. o 110 o ~ o ::J "":) -0 ~ o 0:: ~ u ~ .D ~ "'0 ~ o 0:: ~ '" "'0 ...; :0 :E .!j I ~ 0:: I 0),... 0) i ,... CD ::J (/) I "0 '" j. (!) z ..... /''i) E o () I .! II) ·s (/) I) "'0 '" 'C .D ~ 0),... Part ofthe West Halfofthe Northwest Quarter ofthe Southeast Quarter of Section 2, Township 17 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of said halfquarter-quarter section; thence North 89 degrees 00 minutes 22 seconds East (bearing assumed based on Mid-States Engineering job numbers 121-4392 and 121-5514), along the North line of said half quarter-quarter section a distance of 675.83 feet to the Northeast comer ofsaid half quarter-quarter section; thence South 00 degrees 11 minutes 36 seconds East 1,024.38 feet along the East line ofsaid half quarter-quarter section; thence South 89 degrees 46 minutes 18 seconds West 44l.43 feet; thence Westerly 54.59 feet along an arc to the left and having a radius of 100.00 feet, subtended by a long chord having a bearing ofSouth 74 degrees 08 minutes 00 seconds West and a length of53.91 feet; thence South 58 degrees 29 minutes 43 seconds West 50.26 feet; thence Southwesterly 54.47 feet along an arc to the right and having a radius of 100.00 feet, subtended by a long chord having a bearing of South 74 degrees 05 minutes 57 seconds West and a length of53.80 feet; thence South 89 degrees 42 minutes 12 seconds West 38.00 feet to the POINT OF BEGINNING ofthis description: thence Southerly 95.76 feet along an arc to the right and having a radius of 5,789.58 feet, subtended by a long chord having a bearing of South 00 degrees 48 minutes 40 seconds West and a length of95.76 feet; thence South 01 degrees 17 minutes 06 seconds West 170.78 feet; thence South 88 degrees 55 minutes 24 seconds West 12.70 feet to the East right-of-way line ofPennsylvania Street as publicly dedicated by Instrument number 9427142, recorded in the Office ofthe Hamilton County Recorder; thence along said East right-of-way line the following three (3) courses: 1) North 00 degrees 17 minutes 48 seconds West 90.90 feet; 2) North 01 degrees 18 minutes 16 seconds East 80.36 feet; 3) Northerly 95.42 feet along an arc to the left and having a radius of5,774.58 feet, sub tended by a long chord having a bearing ofNorth 00 degrees 49 minutes 52 seconds East and a length of95.42 feet; thence North 89 degrees 42 minutes 12 seconds East 15.14 feet to the POINT OF BEGINNING and containing 0.090 acres, more or less. =" ~ WOOLPERT, INC, STAYBRIDGE SUITES PROJECT NO. ~ 'e ~ 7140 Waldemar Drive Indianapolis, Indiana 10675 PENNSYLVANIA ST. CARMEL INDIANA DATE 67979 07/07/OE ~ 46268-4192 'OR. ~ 317.299.7500 RIGHT-OF.WAY SKT. , 1 OF 2 ;:; WOOIlBRT FAX: 317.291.5805 EXHIBIT A ~~--------------------------------~--------------------~--r.=~~~--- iii ="S 88"SS'24-W , ~ 12.70' ~_______ ~88'55'24·....! _ i4W'_ _____ --~...J. -- E o oo 8 o N o '5.., i::j CD --a::o .Ji u f .0 ~ 'C -o CD-a:: •01 ~ 8fi2'~:0R -5774.58'J: M W L -85.42' I CH -85.42' BRC ~ a:: I en ~ en ~ 'f <0 ~ :::J (f) I o 01 ~ & z w ./ii ~ 81 ~ I Zl N ..42'12-E 1S,,14' N 00"48'52-E I», H -38.00'-' .~ II 01 'C ·c .0 ~ SCAl..£: , -.60' J N.E. Cor., W. ~, N.W. ~, S.E. t ~ N.W. Cor., W. 2, Sec. 2-T17N-ROJE N.W. ~, S.E. t Nothing Found. Calculated from Sec. 2-Tl7N-R03E prior DLDS Survey Nothing Found. Calculated from 111th STREET (Public RIW) ~_~ prior DLDS ok MSE Surveys N 89'00'22" E 675.83' _____ ---::--,----------7-S 00'12'40" E N. Ln. W. ~. N.W. t S.E. t ~ (P pr·o~9~.~~ Su~ey)c r Sec.2-T17N-R03E er I ~ N 89'00'22" E C ----' 641 59' • . c Ie ~( ~ l 589'46'18· W ~_ ~Il .--~-441~43;-----, ~ ,.~y I .~~~~ I ? ~f:F' ~ R -100.00' I -" ' R -5788.58' L -85.76' CH -85.78' BRG -S 00"48'40-W Ir ~ 0.090 ~ ACRES I I I Wi~ I w ! ~. L -54.59' , I CH -53.91 BRG -S 74'08'00· W I R -100.00' I L -54.47' CH -53.80' I BRG -S 74'05'57· W I I~ I: I~ ~ WOOLPERT, STAYBRIDGE SUITES INC. ~ 7140 Waldemar Drive 10675 PENNSYLVANIA ST. 67979 .§' ~Indianapolis, Indiana CARMEL INDIANA DATE 07/07/Of ~ 46268-4192 'DR. f3l 1i WOOIlBRT 317.299.7500 FAX: 317.291.5805 RIGHT-OF-WAY EXHIBIT A SKT. , 2 OF 2 ~~------~--~------------------------.---------------------------~~~~~--~ECT NO, City of Carmel BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City',), its Dedication and Deed ofcertain real property ("Property") to the City for the purpose ofestablishing City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit "A" hereinabove set forth; AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and necessary and in the City's best interests; NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Instrument ofDedication and Deed described herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described real property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY James Brainard, Mayor ~:--------------------- Mary Ann Burke Dare: __________________________ Lori Watson Dme: __________________________ ATIEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: _____________________ Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Cannel, Indiana 46032 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 ~ " CITY~' @'KRMEL July 30,2008 ]A.lvIES BRAlNARD, MAYOR Board ofPublic Works and Safety 1 Civic Square Carmel, IN 46032 RE: Irwin Union Bank, 751 City Center Drive-Irrigation System Water Availability Dear Board Members: Ms. Michelle Meshanko, Project Coordinator for Paragon Development, has requested to be placed on the Board ofPublic Works and Safety agenda for approval of Water Availability for an irrigation system for the Irwin Union Bank which is located on Lot #3, Block 11 in the Carmel Science and Technology Park. This system will utilize Carmel Water. It will be installed on private property and partially on a utility easement within the development. Based upon previous similar requests and review infonnation provided by Jones & Henry Consulting Engineers on the effects of sprinkler systems on the City'S water distribution system, I recommend the Board approve water availability for this irrigation system as follows: IRWIN UNION BANK IRRIGATION SYSTEM Water: 3.818 E.D.Us as per Water Ordinance A-66/A-77. Not to exceed an average daily flow of 1,145.40 gallons John Duffy, Cannel Utilities, has reviewed the plans for this installation and has approved the availability of3.818EDUs. I recommend the Board approve Water Availability for this irrigation system, contingent upon the following conditions: 1. The Developer/Owner has agreed to enter into a Consent to Encroach Agreement with the City for that portion ofthe irrigation system that will encroach upon dedicated utility easements. This Agreement between the Owner and the City ofCarmel will be presented to the Board for approval as soon as possible with a goal of being submitted for the August 20, 2008 Board ofPublic Works and Safety meeting. 2. These conditions would also apply to future owners, ifat any time in the future, the owner/developer transfers responsibility ofthese facilities to the same. 3. Usage will be restricted to non-peak hours and the sprinkler systems will be the first in the line of restriction for the City. The City may require the sprinklers to be used only every second or third day, ifrequired in the future. 4. Connection Fees are based upon a total of3.818 EDUs for the system. Payment ofWater Connection Fees must be made as follows: 3 .818EDU x $1,396.00 Current Water Connection and Tap Inspection FeelEDU = $5,328.62. 5. All required irrigation pennits must be obtained from Carmel Utilities prior to the start ofconstruction. 6. Contractors/excavators doing connections to City of Cannel water mains must also have a current Plumbers Bond on file in this office in the amount of$2,500.00. DEPARTMENT OF ENGINEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OfFICE 317.571.244 1 FAX 317.571.2439 EMAil engineering@carmel.in.goy • " Board of Public Works & Safety July 30, 2008 Page 2 7. Directional bores are required under sidewalks, curbs and pavements within dedicated right of way. No open pavement cuts in dedicated streets shall be pennitted. Exceptions to this policy require Board of Public Works and Safety approval. 8. The direction of flow from the sprinkler heads must be directed away from road or street travel lanes and not be pennitted to spray or cover areas ofthe travel lanes or paved areas of intersections. Construction or development ofthis project must begin within twelve (12) months or said approval expires and the developer or builder must reapply to the Board. Sincerely, 7n27!l~ Michael T. McBride, P.E. City Engineer MTMlrbh Enclosure cc: John Duffy, Carmel Utilities Michelle Meshanko, Paragon Development Michele Bettis, Dreamscapes Irrigation S:\DHILL\A V AlLOS\lRWJNUNIONBANKIRR · " 11 PARAGON July 11, 2008 City of Cannel Department of Engi neering Attn: Dick Hill One Civic Square Carmel, IN 46032 Dear Dick, 1am sending YOll this letter requesting that we receive approval for the additional water required for the irrigation system installation at the Irwin Union Bank, located at 751 City Center Drive, Cannel IN 46032. Let this letter serve as the official notice that this request be heard at the next Board of Public Works and Safety meeting, scheduled on August 6, 2008. Please call me direct at 806-6741 with any additional questions you may have. Thank you, .' Michelle Meshanko Project Coord inator Paragon Development, Inc.• Paragon General Contractors. Inc.• Paragon Property Management, LLC Paragon Commercial Reel Estate. LLC • Paragon Design Services. LLC 7320 East 86th Street. Suite 100. Indianapolis. IN 46256 317·577·1177 fail 317·577-9319 Iv.wlparagonrompanies.tcm · .~ CITY &? &ffiMEL ]uly 30,2008 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel. IN 46032 HE: W.ter .Dd S.Dit8ry Sewer Anl18bllity Request/C.rmel Office Puk BulldlDI ##4 Dear Board Members: I recommend the Board approve Water and Sanitary Sewer Availability for this 8.364 square foot office/warehouse facility as follows: CARMEL OmcE PARK BUILDING ##4 Water: 1.68 EDUs per Water Ordinance A66/A 77. Not to exceed an average daily flow of S04.0 gallons per day. Sanitary Sewer: 1.68 EDUs per Sewer Ordinance SS8. Not to exceed an average daily flow of S04.0 gallons per day. Construction or development of this project must begin within twelve (12) months or said approval expires and the developer or builder must reapply to the Board. EDU C.leul.tioD The proposed building will contain 2,091 fP office area (2S%) and 6,273 fP general warehouse area (7S%). Per Ordinance, under the Office classification, the EDUs are calculated at B rate ofO.S EDUsllOOO ftl. There is cUlTClltJy no classification for warehouses in our Utility Equivalent Usage Factor tables. Historically, 0.1 EDUsi I 000 fP for warehouses has been utilized to calculate coMection fees in the Carmel Office Park and this was included in previous Equivalent Usage Factor tables. Therefore: 2,09lfP office @O.S EDUsllOOO fP = LOS EDUs 6,273 fP Warehouse @0.1 EDUsllQQQ tll = 0.63 EDUs 8,364 fP Total 1.68 EDUs. CoDDedloD Fees Water-1.68 EDUs @ SI,396.00 Water Connection FeelEDU = $2,34S.28 Sanitary Sewers-1.68 EDUs @S 79S.00 Sanitary Sewer CoMection Fee = S1.33S.6Q 1.68 EDUs@S2,191.00TotalCoMectionFees $3,680.88 Anll.bllity (.erNle) Fees Water and Sanitary Sewer Availability Fees are not applicable to this project The fees for this building's BCreage were paid with previous developments. John Duffy ofCarmel Utilities has reviewed and approved these fee calculations. Sincerely, /!1.'J,jflU Michael T. McBride, P.E. City Engineer MTMIrbh Enclosure CC: John Duffy, Carmel Utilities Dale Sollenberger, Sollenberger Partners S:\DHILL\AV AlLOS\cARMEWFFICEPARKBLDG#4 DEPARTMENT OF ENGINEERING ONE ClVlc SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov ~ Sollenberger Partners 389 Gradle Drive Carmel, Indiana 46032 317.846.4876 July, 24, 08 Re: Board ofPublic Works and Safety approval ofWater and Sanitary Sewer (EDU) Availability and the Water and Sanitary Sewer Connection Fees Dear Sirs, We will be building our last building in Carmel Office Park (3rd. Ave. / Gradle drive). The plans refer to it as Building #4. The building will be 8364 square foot total Office (25%) = 2091 sf Warehouse (75%) = 6273 sf Total = 8364 sf We are requesting the Water Connection Fee as well as the Sewer Connection Fee. I think Water and Sewer Availability fees are already paid. I've included a copy ofthe original fees for buildings 1-3 , June 19,1999, for your review as well . ThankSJv.-. 'ta1~~llenberger 17# ~Nla-'ln8 -)f~Vd 301..::1..::10 'l3W~VJ dVW ~lIS -------_.- .. ' . July 9, 2008 JAMES BRAINARD, MAYOR Board ofPublic Works and Safety One Civic Square Carmel, IN 46032 RE: Secondary Plat Amendment-Springmill Streams Section 2 Subdivision Dear Board Members: Dr. and Mrs. James C. Dillon, representing themselves and five other property owners, requested the City of Carmel accept as dedicated right of way a 30-foot wide access easement that runs southeasterly from Cornwall Court. Cornwall Court is a public street located in Section 2 ofthe Springmill Streams subdivision. The access easement includes an approximately 19-foot wide x 359-foot long asphalt pavement street section which provides the only access to and from four of the adjacent six properties, all of which are addressed off of Cornwall Court. The Board preliminarily approved accepting this easement as public right ofway at their February 20,2008 meeting, contingent upon completion offonnal dedication requirements. It was determined that a Secondary Plat Amendment would accomplish the formal dedication requirement. After the completion of a title search, which did not yield 1 ()()O/O clear title to the easement, our legal counsel recommended that a Secondary Plat Amendment should include Brenwick Development Corporation, the Springmill Streams HOA and the 6-adjacent property owners as grantors. Brenwick developed Springmill Streams under the name of Springmill Properties. The title search did determine with 95% accuracy, that Brenwick was the current owner of the property and apparently the title was never transferred to another entity. This Plat Amendment will formally dedicate the access easement as a public street and as public right of way. The document has been signed by all associated entities and has received Administrative Approval by the City of Carmel Department of Community Services. Therefore, I recommend the Board approve and sign this Secondary Plat Amendment. Sincerely, /JIt:2~~ Michael T. McBride, P.E. City Engineer MTMlrbh Attachments (Secondary Plat Amendment) Cc: Mike Hollibaugh, Department of Community Services Terry Krueskamp, Information Systems Dave Huffman, Street Department Bill Akers, Communications S:\DHILL\BPW08\sPRINGMILLSTREAMSSECT2PLA T AMEND DEPARTMENT OF ENGINEERING ONE CJVlC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov To Mike T. McBride April 14. 2997 Cannel City Engineer Subject: Cornwall Court Access Street Dear Mr, McBride: The undersigned property owners are requesting the City of Carmel to take over our access street and associated access easement. We are not interested in widening the streets past the current 19 foot width or the easements of 30 foot width, Ifthe City of Carmel would try to make this access a through street or widen its current dimensions we would request this access street ownership revert to the current owners as listed below or the then current owners ofthe lots listed below. YU.J£JJ ~/Llot 37 Prall residence Lot 42 Laskey residence • 'UA'lLt:(. ~ Lot 38 Knapp residence Lot 41 • C-~ IVMitchell residence 'lIon residence To Mike T. McBride April 14, 2997 Cannel City Engineer Subject: Cornwall Court Access Street Dear Mr. McBride: The undersigned property owners are requesting the City ofCannel to take over our access street and associated access easement. We are not interested in widening the streets past the current 19 foot width or the easements of30 foot width. Ifthe City of Cannel would try to make this access a through street or widen its current dimensions we would request this access street ownership revert to the current owners as listed below or the then current owners of the lots listed below. Jot 37 Prall residence Lot 42 Laskey residence ~~,~t 38 Knapp resid, Lot 41 Lindennan residence Lot 39 Mitchell residence Lot 40 Dillon residence c ./. February 13, 2008 JAMES BRAINARD, MAYOR Board ofPublic WOIb and Safety One Civic Square Carmel, IN 46032 F'C)\~'~ 'jDeer Board Members: \::> \V if Six property OWDel"S adjacent to IDd served by a 30-foot wide access easement in the Springmill Streams, Section 2 subdivision, have requested the Board accept the dedication ofthis access easement as public right-of-way and accept the existing private upbalt street located within the easement as a public street. This subdivision is located within the area annexed by the City ofCarmel in 2003 via Annexation Ordinance C-260. This 30-foot wide access easement nms southeasterly from ComwaU Court, a dedicated and public street in the Springmill Streams, Section 2 subdivision. This easement and private street provides access to LoIs #37, #38, #39, #40, #41 and #42. However, only lots #38, #39, #40 and #41 CWTeIltly access their property from the access easement. Lots # 37 and #42 access their property from Comwall Court. Although neither the access easement nor the improvements within the access easement meet current City standards for a public street, the Depanment ofEngineering did not ideDtUY any major impediments or structural defects ofthe existing street that would preclude the City ofCarmel from accepting this private street into the City's inventory. Ifthe Board accepts the requested dedications, the Department suggests the Board impose the following conditions of acceptance: I. The petitioners agree to file an amendment to the recorded secondary plat that changes the access easement to public right-of-way. The amended plat needs to be signed by the Home Owners Association, the Department ofCommunity Services and the Board. The petitioners agree to be responsible for obtaining all the necessary sipatures. 2. The petitioners agree to not oppose any action on behalf ofthe City to remove any existing traffic control devices within the access easement that do DOt confinn to current City standards and replace with such traffic control devices that do confOlDl to current City standards or any action on the City to erect new traffic control devices within the right-of-way. 3. The HOA and the petitioners acknowledge in writing that the City will maintain the existing street in it's current c:onfig1D'ation only (19-feet ofaspbaIt pavement per the as-buiIt pavement section; without curb and gutter; without drainage infi'astructLao; and without concrete sidewaJks) and that the City will not act to improve the existing street beyond it's c:urrent configuration by installing additional infrastructure. Sincerely, 2!2~ City Engineer cc: David Huffinan, Street Department Michael P. Hollibaugh, Department ofCommunity Services Teny KnJeslcam.p, Infonnation Systems James Dillon, Owner ofLot 40 S:\DHILL\BPWOI\coRNWAU.COURTROWDED DEPARTMENT OF ENGINEERING ONE CMC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov fF:>ialo)~ \~\~U lJ CROSS REF: INST.184-8861 P.B. 11, Pages 31-32 SPRINGMILL STREAMS SECTION 2 SECONDARY PLAT AMENDMENT PART OF THE SE 'l4 SEC. 27 -T18N -R3E HAMIL TON COUNTY, INDIANA nus SECONDARY PLAT AMENDMENT IS FILED FOR THE PURPOSE OF ACCEPTING THE DEDICATION AND GRANT OF A CERTAIN ACCESS EASEMENT AND PRIVATE STREET SHOWN WI1HIN SPRINGMD..L STREAMS SECI10N 2, a Subdivision in the CIlY of CARMEL, HAMJLTON COUNTY, INDIANA, the Plat ofwbich is recorded as INSTRUMENT No. 84-8861 in PLAT BOOK II, PAGES 31 32, in the OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. I, the undersigned, Chairman ofthe BRENWICK DEVELOPMENT COMPANY, INC., SUCCESSOR IN INTEREST TO SPRINGMILL PROPERTIES ("Brenwick"), do hereby Dedicate, Grant and Petition for the Acc:epI8DCe of the following access easement and private street within SRINGMILL STREAMS on bebaIfofBrenwick: A 3O-foot Wide Access Easement aDd 19-foot wide Private Street Adjacent to and Sen1ng Lots #37, #38, #39, # 40, #41 and #42, being an Extension of Cornwall Court DEDICATION AND GRANT OF PUBLIC RIGHT-OF-WAY: TIllS INDENTURE WITNESSE1H: That BRENWICK DEVELOPMENT COMPANY, INC., SUCCESSOR IN INTEREST TO SPRINGMllL PROPERTIES (the "Grantor"), hereby grants and conveys. with DO reversiooary rights whatsoever retained, aU of Grantor's rigbts, title and interest in the real property which is located in the City ofCannel, Hamilton County, IndiaDa. and described in Exhibit "A" atlached hereto and made a part hereof: to the City ofCannel, Indiana ("Grantee"). I, Tom Charles Huston, Chairman of the BRENWICK DEVEWPMENT COMPANY, INC., SUCCESSOR IN INTEREST TO SPRINGMILL PROPERTIES, have been duly authorized by the Board ofDirectors ofthe Brenwick Development Company, Inc., to execute this Dedication and Grant ofPublic Right-of-Way, and aU necessary actions authorizing this Dedication have been taken by Grantor. IN WITNESS WHEREOF, Grantor has executed this Dedication and Grant ofPublic Right of Way as ofthe ~ day!.' ~tD:t 1,'"-' ~-Tom Cbartes HUStOn:. .. page 1 llS2699v2 STATE OF INDlANA } } COUNTYOF~TON } Before me, tbe UDdersigoed NOTARY PUBUC in and for said County and State, personaUy appeared the above and acknowledged executing tbe foregoing Dedication and Oraot ofPublic Right-of-Way. Witness my baud and Notarial Seal this -/.!8lday of >7U tl r2OO8. mrUu >11. W Nocary Public mlL"'\~ m U CI<• f:t " Nocary Public (printM) MY COMMISSION EXPIRES: 'mU; 2) 2q 0 COUNTY OF RESIDENCE: lif--c 11 J. ~.'( Ks page 2 llS2699v2 L the undersigned, President of the Board of DiMctors of the SPRINGMllL S1REAMS HOMEOWNERS ASSOCIATION, INC. (the "Association''), established pursuant to the DECLARATION OF COVENANTS, CONDmONS AND RESTIUCTIONS FOR SPRINGMnL S1REAMS, recorded in DEED RECORD #325, PAGES 590 TO 610 and as periodically amended thereafter, in the OFFICE OF nm RECORDER OF HAMILTON COUNTY, INDIANA, do hereby Dedicate, Grant and Petition for the Acceptance of the following access easement and private stn:et within SPRINGMllL S1REAMS, SECIlON 2 on behalf of said Association: A 3O-foot wide Access Easement and 19·foot wide Private Street Adjacent to and Serving Lots #37, #38, #39, #40 #41 and #42 being an Extension of Cornwall Court DEDICATION AND GRANT OF PUBLIC RIGHT-OF-WAY: nus INDENIURE WITNESSE1H: That the SPRlNGMllL S1REAMS HOMEOWNERS ASSOCIATION (the "Grantor"), hereby grants and conveys, with no reversionary rights whatsoev~ retained, any and all of Grantor's rights, title and interest in the real property whicb is located in the City of Cannel, Hamilton County, Indiana, and described in Exhibit "A" attached hereto and made a part hereof, to the City of Cannel, Indiana ("Grantee'') subject to the following: The Association acknowledge and agree that (i) the City will maintain the existing private stn:et and access easement in its cwrent configuration (being 19-feet of asphalt pavement per the as-built pavement section); without curbs and gutters; without drainage infrastructure; and without concrete sidewalks); (ii) the City wUl maintain the existing private street and access easement in its cwrent condition; and (ill) the City will not improve the existing private street or access easement or install additional infrastructure therein unless necessitated by emergency or oth~public safety concerns. L Tom Scblebuber, President of the SPRINGMILL STREAMS HOMEOWNERS ASSOCIATION, INC., have been duly authorized by Grantor to execute this Dedication and Grant of Public Right-of-Way, and all necessary actions authorizing this Dedication have been taken by Grantor. .a~ ~~cxecutod tlti, lnsttument as of the_ day of :r,,-,..e.. .2008. ~ uber. President SmiDlnnili Streams Homeownecs Association, Inc. STATE OF INDIANA COUNfY OF HAMILTON} Before me, the undersigned NOTARY PUBUC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication and Deed of Public Right-of-Way. ~__ day of Juoe... .2008. OEORG&N.WA S. JACK80H NOTARY PlaJC ITATE OF IIC)WtA HAHCOa< COUNTY Notary Public (printed) MY COMMISsIoN EXPIRES 08111/18 MY COMMISSION EXPIRES: __________ COUNfY OF RESIDENCE: ___________ page 3 IIS2699v2 :> L.,.\A 7'2~8.t?'~~ 'and Leslie Carter PraU We, the uodersJgned, are die property owners (1bc "Acljacent Property Owners") ofRlCOl'd oftal property adjllCCDt to and abutting 1bc access easement and private street desaibed herein IIIId do hereby Dedic:ade, Grant and Petition for 1bc Ac:ceptance ofthe following access easement and private street within SPRINGMILL STREAMS, SECTION 2: A 3O-foot wide Aeeeu Euemeat and 19-foot wide Private Street Adjaeent to and Sening Lots ##37, #38, #39, ##40 #141 and #142 and being an ExteuioD of Cornwall Court DEDICATION AND GRANT OF PUBLIC RIGHT-OF-WAY: nus INDENlURE WlTNESSETII: That 1bc Adjaceot Property Owners, hereby gram and convey, with DO MVel'Siooary rights wbatsocver reWned, any and all of Grantor's rights. title and interest in such tal property which is located in 1bc City of CarmcI, Hamilton County, IDdiana and described in Exhibit "A" attadwf hemo and made a part hereof: to 1bc City of Carme~ Indiana ("Grantee"), subject to 1bc following: I. The Adjacent Property Owners sbaIl not oppose any action on bebaIf of1bc City to (i) remove any traffic control devices within 1bc existing private street or access easement dUll do not conform to CUJTeDt City standards and replace with such traffic control devices dUll conform to current City standards; or (ii) any action by or on behalf of1bc City to erect new traffic comrol devices within the existing private street or access easement 2. The Adjacent Property Owners acknowledge and agree dUll (i) the City will maintain the existing private street and access easement in its current configuration (being 19-feet ofasphalt pavement per 1bc as-built pavement section); without curbs and gutters; without drainage inftastructure; and without CODa'ete sidewalks); (ii) the City will maintain the existing private street and access easement in its CUJTeDt condition; and (iii) 1bc City will not improve the existing private street or access easement or install additional inftastructure therein unless necessitated by emergcncy or other public safety concerns. WITNESS WHEREOF, the Adjacent Property Owners have executed this Instrument as of1bc ~ Lot #37, SIS Cornwall Cowt r7~-OIO.OOO ~~~-~---A-.-L-~---------- Robert D. Knapp and Marcia C. ~ Lot #38, S13 Cornwall Cowt Parcel 17-09-27-00-02-009.000 ' tL}h1nw/~. U /13 • ~ page 4 1152699v2 , Or:~.~.~6J)~ James C. Dillon and Suwmeh H. DiUon Lot #40, 507 Cornwall Court Parcel 17-09-27.()().()2-OQ;r.000 (t.A.{ ~~ Dr. R¥:*d B. Linderman and Jane E. Linderman Lot #4Y,511 ComwaU Court Parcel 17--09-27..()().02-006.' 'IboiDas P. ~BeIsy B. Laskey Lot #142, 517 ComwaII Court Parcel 17-09-27..()().O2-OO5.000 STATE OF INDIANA } } COUNTY OF HAMll..TON } Before me, the undersigned NOTARY PUBUC in and for said County and Slate, personally 8DDe8I'ed the above aDd acknowledged executing the foregoing Dedication and Grant ofPublic Rigbt-of-Way. Witness my hand and Nocarial Seal this Jfday of ~,2008. N<#'N>¥ L .#dL JVtfu '= S b 6 Ie-", Notary lie (printed) MY COMMISSION EXPIRES: ~02'« u /~ COUNTY OF RESIDENCE: ~t;=.J pascS llS2699v2 CARMEIICLAY PLAN COMMISSION CERTIFICATE: UDder authority provided by INDIANA CODE 36-7-440S &. 36-7-4-710, and Ordinances adopCed by the COMMON COUNCll. OF mE CITY OF CARMEL, INDIANA, this Plat Ammdment was 8lwn Administradve Approval by the CITY OF CARMEL as follows: Docket No. 0806000! SP Amead HPR granted Administrative Approval by the DEPARTMENT OF COMMUNITY SERVICES pursuant to ARTICLE XI oftbe CARMEUCLA Y PLAN COMMISSION'S RULES OF PROCEDURE on JuJy~2008. DEPARTMENT OF COMMUNITY SERVICES ONE CMC SQUARE CARMEL, INDIANA 46032 BY: ~Services This cIocumaJt prcpnd by: IlouJIIa. c. Haney CIrmd City Attorney CIrmd City Hall ODe CIvic SquIre Cmnd, IN 46032 I Iffinn under die peaeIties fur pajury Ibal I have bIkeD reasanable CIIe to redact each Social Security Number in 1bi.s clnCllllltIIl, unless I'CIqUiRd by law. DousIas c. JUaey page 7 I1S2699v2 EXHIBIT A LEGAL DESCRIPTION CORNWALL COURT ACCESS EASEMENTAND PRIVATE STREETIRIGIIT-OF WAY DEDICATION A PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 3 EAST, more particularly describeclas foUows: SpringmiU Streams, Section Two Street dedication shall include the 30' Access Easement as described on the Final Plat of Springmill Streams, Section 2 recorded as Instrument No. 84-8861 in Plat Book 11, Pages 31 and 32 in the Office ofthe Recorder ofHamilton County. CONTAINING 0.239 ACRES (10,395 SQUARE FEET), more or Jess .,.8 IIS2699v2 '. . · . ACCEPTANCE OF DEDICATION AND GRANT OF PUBUC RIGHT-OF-WAY: WHEREAS, the foregoiDg Onmtors have this day filed with the City of Cannel, IncUaDa ("City"), their respoctivc Dedications IIDd Gras of certain real property to the City for the purpose of eslablisbing a City right-of-way, wbidl Dedications IIDd Onmrs are hereinabove set fonh; AND WHEREAS, the City believes that said grant and acc:epI8Dce ofthe access euement IIDd private street to the City are desirable IIDd necessmy IIDd in the City's best interests; NOW THEREFORE, tbe City, by and tbrough its Board of Public Worts IIDd Safety, hereby IICCeJXS said Dedication and Grant, IIDd orders that the Dedications and Grant! described herein be recordod in the Recorder's Office of the County of Hamilton, Stare of Indiana, and that access easement IIDd privIde street desaibed herein be, IIDd the same hereby is, declared open IIDd dedicated to the City as a public right ofway (the "Public Right ofWay"). 'Ibis Plat Amendment was givco approval and the Public Rigbt-of·Way accepted by the BOARD OF PUBUC WORKS " SAFE'IY ofthe CI1Y OF CARMEL, IodiaM, at a meeting held em tbe day of •2008. SO ORDERED: CITY OF CARMEL BOARD OF PUBUC WORKS" SAFETY James Brainard, Mayor ~:--------------------- Lori Watson ~:--------------------- Mary Ann Burke ~:--------------------- ArrEST: Diana L. Cordray, IAMC, Clerk· Treasurer D8re: _____________________ PllC6 1I52699v2 c JAMES BRAINARD, MAYOR July 30, 2008 Board of Public Works and Safety One Civic Square Carme~ IN 46032 RE: Secondary Plat Approval Request-Cberry Tree Grove Residential Subdivision Dear Board Members: Mr. Brian K. Robinson ofStoeppelwerth & Associates, representing the developer ofthis subdivision, has requested the Secondary Plat ofThe Cherry Tree Grove Residential Subdivision, be placed on the Board of Public Works and Safety agenda for approval and signatures. The Carmel Clay Plan Commission approved this project, Docket No. 06090042 PP, on December 19, 2006. The plats have been reviewed and signed by the Department of Community Services. AU required Performance Guarantees have been posted. Therefore, I recommend the Board approve and sign the Secondary Plat for Cheny Tree Grove. Sincerely, ~2l/l&v6 Michael T. McBride, P.E. City Engineer MTMlrbh Attachments (Mylar Plats) S:\BPW08\CHERRYTREEGROVEPLAT DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov · ... STOEPPELWERTH & ASSOCIATES, INC. David J. Stoeppelwerth ~CEO Pi all..1 a • EngIrwer I'IdIAIoMI t..nd IIuMIyor Curti. C. Huff \IIoe PrwIdInt. COO P,al...IDnII t..nd Surveyor A.M. Stoeppelwerth Founder P'a....,..~ P,al&&8ior. t..nd IIuMIyor 7966 Eat 10eth Street FiIIlers. Indana 48038-2505 317.849.6935 Fax: 317.849.5942 www.81oeppelwerth.com CONSULTING ENGINEERS • LAND SURVEYORS JuJy 29, 2008 City ofCarmel One Civic Square Carmel, Indiana 46032 Attention: Board of Public Works Re: Cherry Tree Grove To Whom It May Concern: On behalf ofthe developer Cherry Tree Development, L.L.C., I wish to request to be placed on the agenda for the August 6, 2008 Board ofPublic Works meeting for Cherry Tree Grove. If you have any questions. please give me a call at (317) 570-4763. Respectively submitted, STOEPPEL WERTH & ASSOCIATES, INC. ~\L. Brian K. Robinson ~ Cc: Angie Conn Chris White BKRlmcb S:\52790S 1 \Blue _BoolM&encL Correspondence\CanneIBoardOfPublicWorIcs07-29-08 .doc • r ~aNlTY MAP ~ ~, :J.. . C.A.,1 29 ( I~I J~a ~ cf 28 27 30 26 -J ~ ~ 1 2 3 4 SMICKLE lANE 5 16 6 17 14 lAJ z 1--1-----I ~ 18 13 ~ G1--1-----I 7 ~ 12 8 KElL ORNE 'Y#( l24 1 I Q I 9 C.A.f4 11 10 I 9 CHERRY TREE GROVE 23 1-' '" 20 ~ 22 '-../ LAKE" 21 .. c L July 17, 2008 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: 2 lane Closures -Fibertech Networks Dear Board Members: Mr. David MacDonald of Fibertech Networks, on behalf ofJDH Contracting, is requesting lane closures at two locations to place and splice fiber optic cables in existing conduits and manholes. location #1 is on Meridian Corners Boulevard/Illinois Street just outside of the limits of the west side of the carmel Drive, Hamilton Crossing Boulevard, illinois Street Roundabout. location #2 is on Pennsylvania Street, 75' south of the intersection of Old Meridian Street and Pennsylvania Avenue. There will be no excavation or open cutting of the pavement, sidewalk, path or curb within the public Right-of-Way. The Department recommends that the Board approve the requested lane closures conditioned upon the following requirements: 1.) Providing a minimum 48-hour notification of closures to the Department of Engineering. 2.) Submittal to the Department of a traffic control plan conforming to standards of INDOT Work Zone Safety Manual requirements. 3.) lane closures shall be restricted to the hours of 9:00 AM to 3:00 PM 4.) The project contractor shall comply with the provisions Carmel City Code 6-227(a)(1), 6-227 (a)(8), 6-227(b)(1), 6-227(c)(1) and 6-227(d)(1)(v). Sincerely, /;.2J4U Michael T. McBride, P.E. City Engineer Enclosures \\Apps2\user data \eng \ahared\DHill\BPW08\FIBERTOCH NEJWORK.doc DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Q7~11/2008 04:25 FAX 1.agec1888 rt7280 IiiII0002/0002 phOOe ·5a8IIl,5100 .' " '. 4iiF "ly . : '.If I581H142:e&41: 3OO:WridJln~ :Acta'-BI~ira('r"~1Q' Cfi,,1"'_. .JUJY 11 ~.2008 06arFte(J, FIbeit8ct1 NtltWDI'J(':J$ ~:~.~~'UWC) ~If#dh$~of Oennel ~:pI/il,t;e.:~:, 'eplce.'fIber optic·oabI. In ~~ft~:conm.ltS-aod ma:n b.4)f••.·Tl:Ut:w.ort-~1 t.QPfJ1I!)IEItetd·:bY JD.H ~rQ.'fheJ:B Will b8'.hO-.~or opon.cuttlng .~.~.~t*c .~,:l!f:Mf~~Js Just·WMt Oftl\e·IOUnd abOOt .Uh&.I~Q1 ~PitW. Hiitr:I_~ ~~fJlrig: $Ivd..~ illinOiS st The·~fQoatiQn d 'tJe.~,b()ut.:1$ teet aQUth or the rournfaboJrt at Q.jQe MerJdJln at :and Peonavavanfa:/We•. m~~~ Devtd MecOooald: t=:J~hN~rb' Operatkma;Managec:, ' '8OQ =o.~r AYe, $19.'.1 'IndlanapbllJ If'I, ~6 68s..:2~·1.09 ~1l .~i7~3f3;.7-37-$ ~- 3t1..e36~74t1 fa;t. :qqstomff(t])r~ii.-TePffle UiSt·M,ie•. ~:. II o ·u • • // / . / / .- ./ / / / \-/ N ~ / ~ ('\)- \ SiQlY/77r- IYd l:O:OO 900VOJ.,(liO •9000/9000 IZI n.!l ZO :00 SOOZ/Ol.(L-O • 9000/S000 rlI CITY\:JF e1\RMEL July 17, 2008 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indian 46032 RE: Temporary Lane Closures -City Center Drive Dear Board Members: Mr. Bradley Nelson of caulking Specialists Company is requesting temporary lane closure of City Center Drive to perform work on the Pedestrian Midwest ISO overhead connector. The requested closure is approximately 450' north of Carmel Drive. Lane closures would consist of closing 1 lane at a time for 1 hour durations, leaving traffic flow open in the adjoining lane. Work will progress across each of the 4 lanes (two north bound, two southbound) with the work taking a total of 4 hours. The Department expects the total time to be slightly more than 4 hours to allow time to move the traffic control devices as work progresses across the roadway. The Department recommends that the Board approve the requested lane closures conditioned upon the following requirements: 1.) Providing a minimum 48-hour notification of closure to the Department of Engineering. 2.) Closures occurring between the hours from 9:00 AM to 3:00 PM. 3.) Submittal to the Department of a traffic control plan conforming to standards of INDOT Work Zone Safety Manual requirements. 4.) The project contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6 227(a)(8), 6-227(b)(1), 6-227(c)(1) and 6-227(d)(1)(v). Sincerely, }7;,1J4~ Michael T. McBride, P.E. City Engineer Apps2\user data\eng \skred\DHill\BPW08\CAULKING SPECIALISTS.IXJC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov ,JU!-11-2008(FRI) 09: 18 CRULKING SPECIALISTS (FAX)317 2571692 P. 002/002 5117 E. 65th Street Indlanapoll&, IN 48220 July 11, 2008 (317) 267-1690 Cty ofCarmel Enclneerfng Department 1 Civic Square Carmel, IN 46032 Attn: Gary Duncan Re: Risht ofWay Permit Midwest ISO Connector 720 CIty Center Drive Carmel, IN Dear Mr. Duncan. We have been requested to perform work on the Pedestrian Connector at the above referenced address. The Connector spans Oty Center Drive connecting the West and East office bulJdlnp. The location Is approximately 150 yards North of carmel Drive on CIty Center Drive. We will need to have lane dosures for approximately 4 hours taUl. We will close llBne at a tfme for 1 . hour, leavlns trafficflow open in adjoin'", lane. We have been Informed by Fred Glazier there is no cost for this except a $5,000.00' bond requirement. Our Insurance company (Old National Insurance) has Informed us we can receive this In one day after notification. Please review with Board ofWorks 8S required 85 soon as possible so we can advise the General COntractor (Lauth Construction, LlC).1 understand you need this request two weeks priorto meetings, which occur on 1~ Bnd ani Wednesday ofevery month. Thank you for your consideration In this matter. I look forward to hearing from you so we can schedule 85 required. . Sincerely. BAN/ch OSllS3MOIW SNI01lna OSIW 9NJJ.SIX3 tmI:lY_, 318YlIV,W c' .. July 24, 2008 c JAMES BRAlNARD, MAYORBoard of Public Works One Civic Square Carmel, Indiana 46032 RE: Road Closure -Sylvan Lane & Audubon Drive Dear Board Members: Mr. Judson R. Scott of Vine & Branch Inc, on behalf of Mr. Jeffery Maidlow, Director of Facilities and Transportation with Carmel Clay School Corporation, is requesting road closure of Sylvan Lane near Audubon Drive to remove a potentially hazardous tree located on said Sylvan Lane. Tree inspection with Mr. Tom Ordway of Duke Energy and Mr. Scott Brewer, City Forester/ Planner at City of Carmel, have confirmed the potential hazard the tree represents. The closure is expected to be one day in duration. The Department recommends that the Board approve the requested lane closure conditioned upon the following requirements: 1.) The project contractor shall comply with the provisions of Carmel City Code 6-227(a)(8) and 6-227(b). 2.) Carmel Clay School Corporation making the existing emergency only access available for use by the residents of the properties west of the closure. 3.) Carmel Clay School Corporation making the emergency only access able to be used by non emergency vehicles If there are existing curbing that needs to be traversed. 4.) Carmel Clay School Corporation providing notification to the residents of the closure and of the alternate access. Sincerely, m7};1&d Michael T. McBride, P.E. City Engineer Enclosure \\Apps2\use r data\eng\shared\DH iII\BPW08\SYLVANLANECLOSURE DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 3]7.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.goY • ArboricuJturai Horticultural Consulting Services July IS, 2008 Fred Glaser City of carmel One Civic Square carmel, IN 46032 Dear Mr. Glaser: Vine & Branch, Inc. and carmel Clay Schools request permission to close the roads at the Intersection of Sylvan Lane and Audubon Drive, carmel, 46032 to do a hazardous tree removal at the carmel High School. Mr. Jeffrey Maldlow, Director of Fadlltles & Transportation, for the carmel Clay School Corporation, will take responsibility for notifying the residents who live on Sylvan Lane. carmel High School has an emergency access route available for the homes at the end of Sylvan Lane. Tom Ordway of Duke Energy and Scott Brewer, CIty forester/Environmental Planner at City of carmel have been Informed of the tree removal project. Tree Inspections have confirmed, the overall danger that the tree possesses. The carmel Clay School Corporation Is requesting that this tree be removed prior to the commencement of the school year due to the trees hazardous condition. ,,;{}( Vine & Branch, Inc. is requesting the road be closed for no longer than an a-hour day.Iii!' .' . Vine & Branch, Inc. will take every precaution necessary to protect the roadway during -\S.· -the duration of the tree removal project. ~~Thank you for your attentiOn to this matter. ;;--~~If ~~~~~ ''';'-\ -.~-'~ <:~~!.==& Branch Inc.(~y Registered Consulting Arborist #392 ~""""I ' can Society of Consulting Arborists '~~I:kjIOW ~. =~~~}~--------------------------------------------------- --.' I.---' " 4721 E. 146111 Street carmel, IN 46033 . (317) 846-3ns phone (317) 846-3788 fax InfoOvln••ndb ... nch.net . www.Ylnundb...nch.net ~z • NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES 1. NELSON 3105 EAST 98TH STREET, SUITE 170 FREDRIC LAWRENCE CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 DAVID J. LICHTENBERGER JAMES E. SHlNAVER PHONE: 317-844-0106 JESSICA S. OWENS LAWRENCE 1. KEM PER FACSIMILE: 317-846-8782 Of Counsel JOHN B. FLAIT www.nf-Iaw.com JANE 8. MERRILL July 7, 2008 Via hand delivery to: Attn: Dick HilUGary Duncan Department of Engineering City of Cannel One Civic Square Cannel, IN 46032 RE: Irwin Union Realty Corporation and Irwin Union Bank Request for Consent to Encroach Before the Board of Public Works Dear Dick and Gary : Enclosed please an original Consent to Encroach ("CTE") for a ground sign to be constructed at the new Irwin Union Bank site that is located near the intersection of Cannel Drive and City Center Drive. The CTE has been signed and notarized by Irwin Union. My understanding is that your office had communication with Brandon Burke of Schneider Corporation regarding this matter in the Fall of2007. Irwin Union desires to move forward with this matter before the Board of Public Works at their meeting scheduled for July 16th at 10:00 am. My understanding is that you will forward this document to Doug Haney for his review and approval. After Doug approves the document, you will then place it on the BPW agenda. Once you do place this matter on the BPW agenda, please email me a message regarding the same. Thanks for your assistance in this matter and please contact me with any questions. Very truly yours, NELSON & FRANKENBEGER J~aver JES/ /,-Dr ,. I r ... L CONSENT TO ENCROACH APPROVED AS TO FORM BY~ TIllS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Irwin Union Bank, 751 City Center Drive Carmel, Hamilton County, Indiana 46032 ("Owner"), and the City of Cannel, Hamilton County, Indian~ by and through its Board of Public Works and Safety ("City"), WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate ("Real Estate") located within the corporate limits ofthe City ofCannel, Indiana, which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat for the Real Estate was recorded in the Office of the Hamilton County Recorder on August 3, 2007, Plat Cabinet 4, Slide Number 349 as Instrument Number 200300018026; and WHEREAS, Owner wishes to install an entrance sign (the "Sign") on the Real Estate; and WHEREAS, Owner has given the City a sketch (the "Sketch") depicting the proposed location of the Sign, copies of which are attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Sign will be constructed on a portion of the Real Estate designated as dedicated public right of way (the "Right of Way"), identified as "City Center Drive" on Exhibit B; and IdI:DIIWORI:s:~"""-,,to mcroochlirW _ bank lip d<.dac:9n107] I WHEREAS, the Right ofWay is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Sign will encroach (the "Encroachment") upon the Right of Way, which Encroachment is crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the locations ofthe Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Sign as indicated by the Owner on Exhibit B should not materially interfere with the City's use ofthe Right of Way. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachment for only so long as: (i) the Encroachment exists; and (ii) Owner complies with the tenns and provisions ofthis Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Sign and/or the Encroachment from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Sign as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in any or all of the Right of Way or Easements, or for any 1..,:msword:l:\Iharod\Ipidc<:",-1O """","",,Iirwin lillian '*'" lip ....cIoc:9m07] 2 other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Sign or to Owner. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly from any act ofthe Owner, its employees, officers, officials, invitees, licensees and agents in the Right of Way or Easements. 6. Owner agrees to repair or replace, at Owner's sole cost and expense and to City's reasonable satisfaction, any utilities or improvements (whether located above, below or on the surface of the Right-of-Way and/or the Easements) damaged as a result of the installation, construction, maintenance or operation of the Sign. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way or Easements and/or any improvements located therein caused by the installation, construction, maintenance or opemtion ofthe Sign. 8. Owner agrees that the placement of the Sign in the Right of Way shall be at Owner's sole cost, expense and risk, and that, if City, in its sole discretion, perfonns any work in the Right of Way including, but not limited to, the maintenance of grassy areas/landscaping or [eI>--a;,,~1coaIcaU10 _1iIWiD union bonIt ...c:fe.doc:9nI07) 3 the snow plowing of streets or sidewalks, that causes damage to the Sign, or any part thereof, any and all repairs to same shall be the sole responsibility of the Owner and that, under no circumstances, shall the City be responsible for any costs of relocation and/or repair ofthe Sign. 9. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 10. The parties hereto agree that the tenns of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 11. The persons executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 12. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer Date: " 3D 09 7 Date: _______________ Mary Ann Burke, Member Date: ______________ IRWIN UNION BANK Michael Reed 'I .j. Icb OlI",ord 'I:\iM.rod\Ipickcu\fOfTnl\oonsents to enero.ch\Jrwin wuon bank 11811 c::tc.doc 'QnJ071 4 Lori VVatson,~en1berDare: ____________________________ _ ATTEST: Diana Cordray, lAMC, Clerk-Treasurer Dare: __________________________________ Icb:_~·lohanod\Ipiclcou\forms"""-' "'a.:roochlirwin 1IIIicD boDIc sign ac.doc:9n1071 5 Nocity PutiIIc STATE OF INDIANA ) Nornt.8ode ) SS: 'Commission ~pIr..: 05-08-09 flesidenl Barlholomew CountyCOUNTY OFll,Jlsi6"D'NJ ) Before me, a Notary Public in and for said County and State, personally appeared MICHAEL REED ofthe Irwin Union Bank., by me known, and who acknowledged the execution ofthe foregoing "CONSENT TO ENCROACH" as hislher voluntary act and deed. Witness my' hand and Notarial Seal this ~day oUem 't ' 2(l)~. LJ~ NOTARY PUBLIC My Commission Expires: No tOt-li ~Jx. ~-~-o q Printed Name My County ofResidence: s:B.HUC) &m'f!.W STATE OF INDIANA ) ) SS: COUNTY OF .HAMILTON ) Before me. a Notary Public in and for said County and State, personally appeared JAMES BRAINARD. MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRA Y. Clerk Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf ofthe City ofCannel, Indiana. Witness my hand and Notarial Seal this __ day of • 20_. NOTARY PUBLIC My Commission Expires: Printed Name My County ofResidence: _________ Icb:mswonl:s:\thamNpid«:ltlfunnsloon-.lo encroocilli,w;n union bank 'ian c:Ic.Iioe:9nI07) 6 LEGAL DESCRIPTION Part of the Northwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana Lot #3 in Block 11 of the Carmel Science and Technology Park. Recorded in the Office of the Hamilton County Recorder on August 3, 2007 in Plat Cabinet 4, Slide 349 as Instrument #200300018026. EXHmIT "A" CARMEL SCIENCE AND TECHNOLOGY PARK ~~ Schneider THE SCHNEIDER CORPORAnON 12821 E. New Markel SIreel Suile 301 Carmel, IN 46032 Telephone: .317.569.8112 Fox: .317.826.6410 www.schneidercorp.com LOT 3 IRWIN UNION BANK SIGN ENCROACHMENT IWITHIN R/W I -~- ASSUMED NORTH SCALE: 1"= 20 ' ~ 0-~<V :\<v~\j ,I ~<v~ ~~C). \}\' ~"i\S EXHfflIT "B" FILE: R: \1211 \034\dwgs\SIGNEXH.DWG c July 29, 2008 JAMES BRAINARD, MAYOR Board of Public Works One Civic Square Carmel, Indiana 46032 RE: CARMEL STORMWATER TECHNICAL STANDARDS MANUAL VARIANCE -DAIRY QUEEN REBUILD Dear Board Members: Mr. Richard Kelly of Evans, Mechwart, Hambleton & TIlton, Inc., on behalf of Khoury Enterprises, has requested a variance from Section 701.01 ofthe Carmel Storm Water Technical Standards Manual. Section 701.01, among other things, requires that all storm water leaving a site be treated by a storm water quality management system consisting of two different BMP's. Points of concern for allowance of variance and/or benefits thereof: 1. The owner has endured a hardship in that the existing facility was recently completely destroyed by fire. 2. Aspects of the Rangeline Road Zoning District indicate that the petitioner could replace with an In-kind facility without any City approval excepting an ILP. Ifthis was the case, the site would then continue to generate and discharge runoff without any treatment as in the past. 3. Of primary Importance to the petitioner Is to be open for business as soon as possible and without the need to acquire additional property (which is not readily available). 4. They are proposing an updated facility from both a physical appearance as well as a service philosophy. 5. To provide the new facility and the required parking and other amenities required by Code or as requested by the City, there is limited space on the site for storm water management and treatment. Existing grades of surrounding properties and storm outfall limit treatment options on site. Two Best Management Practices (BMP) are being proposed by means of Pervious Concrete Pavement and a Rain Garden (bioretention) area. The northern half of the site does not meet the requirement for two BMP's in series, and is the reason for the requested variance. Even though the runoff from the northern half of the site does not satisfy the requirement, the runoff is proposed to be treated by one BMP. The runoff from the southern half of the site does meet the requirement for two BMP's In series. 6. Proposed Improvements reduce the amount of impervious area and thereby the amount of stormwater runoff discharge from the existing condition. 7. Strict application of this standard will result in practical difficulties of the use of the property requiring other variances to be obtained (I.e. parking area, etc.) and additionally would hinder both the petitioner's development desire and the City of Carmel's development vision for this location. DEPARTMENT OF ENGINEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Page 2 of2 CARMEL STSM VARIANCE -DAIRY QUEEN REBUILD July 28, 2008 The Department recommends that the Board approve the requested variance. Sincerely, Jl.17nbd Michael T. McBride, P.E. City Engineer Enclosure Apps\user data\eng\shared\DHill\BPW08\DAIRYQUEEN.DOC H&T Evans. Mechwart. Hambleton & Tilton. Inc. Engineers. Surveyors. Planners. Scientists July 11, 2008 City ofCannel Board ofPublic Works One Civic Square Carmel, Indiana 46032 Re: Dairy Queen Rebuild -951 N. Rangeline Road Dear Members of the Board: On behalf of Khoury Enterprises, we respectfully request a variance from the two water quality BMP provision as required in Section 701.01 of the City of Carmel Stormwater , Technical Standards Manual. This request is based upon the design approach for stormwater management for this project which includes elements of Low hnpact Design (LID) including pervious concrete pavement and rain garden (bioretention) areas. This design applies a more holistic approach to the management ofon-site runoff utilizing "pocket" storage in the stone base ofthe pervious pavement and within the bioretention areas. However, this project is not in strict conformance with the stonnwater manual in that these Best Management Practices (BMP's) are not constructed in series and therefore do not meet strict interpretation of the requirements. A site plan indicating the various stormwater management practices included in the design is attached for reference. We thank the Board for considering our request for variance. Sincerely, Manager MECHWART, HAMBLETON & TILTON, INC. /------_. / ~\ ..,.,/,(')-.., ,..., ...,~ ...~' ." , ' /' \' ; ", Il~~ .}~\. ~ .-,.. . r" .1':1\ \jN, ,I l l,'\..\. _ , {n \~ \,rJ~\~~tt, l\j '0 .", ' ~ <:'6. ~~ ~8GL'l91..~'L)(JMCMXXVI -7400 North Shadelond Avenue. Suite 150. Indianapolis. IN 46250 • Phone 317.913.6930 • Fox 317.913.6928 Columbus· Cincinnati· Indionapolis • Chor1olfe emht.com ~c---- giG! ~!~ ~ ~ ~ "-t "l :~ I~ g 10 ~ 8 ~ ~ ~ ~ ..... DRIVE THRU S89'5J'OO"'W 230.00 PROPOSED RESTAURANT 951 N. RANGELINE RD. 40 PARKING SPACES DDLJ \ . .\ < N89'5J'OO"E ~ I:i ~ ~ Z'm---