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BPW 090308 Paperless Packet
City of Carmel Board of Public Works and Safety Meeting September 3, 2008 10:00 A.M. Diana L. Cordray, Clerk Treasurer r City of Carmel Office of the Clerk,Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, SEPTEMBER 3, 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, SEPTEMBER 3, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS CITY BUSINESS. \JNE CIVIC SQLARE C:AR~lEL, INDIANA 46012 I I 7r i71 -24 14 b. Request for Purchase of Goods and Services; Calumet Civil Contractors; (Bid Award -$1,210,103.00); Michael McBride, City Engineer c. Request for Purchase of Goods and Services; Calumet Civil Contractors; (Bid Award -$574,420.63); Michael McBride, City Engineer d. Request for Purchase of Goods and Services; Institute for Public Safety; Chief Michael Fogarty, Carmel Police Department e. Request for Agreement between the City of Carmel and Clay Township; Fire Protection -2008; Chief Keith Smith, Carmel Fire Department f. Request for Purchases of Goods and Services; E&B Paving; Change Order No.1; 131 51 Street; ($47.40); Michael McBride, City Engineer g. Request for Purchases of Goods and Services; Infrastructure Contractors; Change Order 1; CarmellRosado Hill Spring Mill Water Main Extension; ($5,774.15); John Duffy, Director of the Department of Utilities 5. USE OF CITY FACILITIES/STREETS a. Request to Use Gazebo and Common Areas; Youth Group; Thursday, September 25, 2008; 5:00 p.m. to 9:00 p.m.; Jenna Tyler, Young Life b. Request to Use City Streets -Addendum; International Arts Festival; Additional Street Closings; Rosemary Waters c. Request to Use Council Chambers: Meeting; Tuesday, October 7, 2008; 6:00 p.m. to 9:00 p.m.; East 91 51 Street Christian Church d. Request to Use Council Chambers; Meeting; Various Dates; Bret Clement, Hoosier Daylily Society e. Request to Use City Streets; Block Party; Saturday, September 6, 2008; 3:00 p.m. to 9:00 p.m.; Lois Lawson f. Request to Use City Streets; Block Party; Saturday, September 20, 2008; Noon to 11 :00 p.m.; Jeff Thomas g. Request to Use City Streets; Car Club Meeting; Various Dates; Lainie Paul, Brockway Public House h. Request to Use City Streets; Neighborhood Social; Saturday, September 20, 2008; 5:00 p.m. to 9:00 p.m.; Cooperwood Homeowners Association 6. OTHER a. Resolution No. BPW 09-03-08-01; A Resolution of the City of Carmel Board of Public Works and Safety Ratifying the City Attorney's Signature on Engagement Letter; Douglas Haney, City Attorney b. Resolution No. BPW-09-03-08-03; A Resolution of the Board of Public Works and Safety for the City of Carmel, Indiana Approving the • BOARD OF PUBLIC WORKS & SAFETY MEETING MINUTES WEDNESDAY, AUGUST 20, 2008 -10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Mayor Brainard called the meeting to order at 10:08 a.m. MEMBERS PRESENT Mayor James Brainard; Board Members, Mary Ann Burke, Lori Watson; Clerk Treasurer, Diana L. Cordray; Deputy Clerk Treasurer Sandra Johnson MINUTES The Minutesfor the August 6, 2008 Regular Meeting were approved 2-0 BID OPENING! AWARDS Bid Opening [or Cool Creek Trail North; Mayor Brainard opened and read the bids aloud. Company Amount HIS Constructors $1,569,700.00 Calumet $1,210,103.00 Synesis $1,381,780.45 Millennium Contractors $1,407,444.00 Beaty Construction $1,407,560.81 The bids were given 10 David Lilllejohn, Department ofCommunity Services for review and recommendation. Bid Opening [or the pI Avenue SW Drainage and Street Improvements; Mayor Brainard opened and read the bids aloud. Company Amount Yardberry Landscape $812,077.42 M&D Excavating $680,285.86 Poindexter $654,704.00 Crider & Crider $544,963.77 Tramco, Inc. $565,871.57 • CONTRACTS Requestfor Purchase ofGoods and Services; Garry T. Hunter & Associates; ($24,000.00); Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Requestfor Purchase ofGoods and Services; Poindexter; (Bid Award -$1,100,500.10); Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Purchase ofGoods and Services; Milestone Contractors; Change Order No. 1; Keystone and 106'" Street; (Increase $17,846.24); Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Purchase ofGoods and Services; Milestone Contractors; Change Order No. 1; 126'// and Keystone; (Decrease $256,485.60); 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 Areas; Wedding; Sunday, August 31,2008; 12:00 p.m. to 8:00 p.m. Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request to Use City Streets -Addendum; International Arts Festival; Additional Street Closings; Board Member Watson moved to amend leller to correct dates. Mayor Brainard seconded. Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request to Use City Streets; RunlWalk; Saturday, September 6, 2008; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request to Use City Streets; Race; Sunday, September 7, 2008; 7:00 a.m. to 9:00 a.m.; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request to Use Gazebo and Common Area; Piano Concert/Picnic; Saturday, September 6,2008; 1:00 p.m. to 3:30 p.m.; Mayor Brainard moved 10 approve. Board member Burke seconded. Request approved 3-0. OTHER Public Hearing; Regarding the Sale ofReal Property Parcel No. 17-13-11-02-01 016.001; Public Hearing was opened at 10:27:05. No one wishes to address the Board. Closed at 10:27: 15 .. Request for Dedication ofRight Of Way; The Legacy Towns and Flats; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Dedication ofRight Of Way; Carmel Middle School; Grand Blvd,' Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement,' The Legacy Master Infrastructure; Sanitary Sewer Forcemain; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement,' The Legacy Master Infrastructure; Sanitary Sewer, Lift Station, Gravity Mains; Stone Access Drive,' Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement; The Legacy Master Infrastructure; Sanitary Sewers; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement; The Legacy Master Infrastructure; Offsite Water Main; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement,' The Legacy Master Infrastructure; Storm Sewer; Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Easement Agreement; The Legacy Master Infrastructure; Storm Sewer (Hopewell Parkway); Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Requestfor Stormwater Technical Standards,' Dairy Queen Rebuild; BriefDiscussion. Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Request for Stormwater Technical Standards; Guilford Patio Homes; BriefDiscussion. Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. ADJOURNMENT Mayor Brainard ac!journed the Meeting at 10:45 a.m. Diana L. Cordray, IAMC Clerk-Treasurer ------- --- CITY OF CARMEL,/ FACILITY USE REQUEST FORM Name/Organization: Young Life_______________________ Point of Contact: Jenna Tyler______________________ Address: 120 3rd street nw City, State, Zip: __carmel, in 46032 Home Phone: (317) 690-9846 Work Phone: ( 1 same Cell Phone: () same Fax Number l..(_)L..-_________ For Profit Organization: Non-Profit Organization: X Individual: Day and Date Requested: S1:fiSI! d Sep~ ~------------------------------ Time Requested: __5__p.m. to: ___9_p.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 X Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity __ Fountain Restroom Other _______ Purpose: Middle school youth group Number of People Expected: 5o___ Vendors: Yes No X (If yes, please attach Jist of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) ___________ Neighborhood Street Closing (Street(s), Address(es) Blocked) __________ NOTICE TO BIDDERS City of Carmel, Indiana 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 the above described" 136h Street &Keystone Avenue Water Main Relocation Project" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 10:00 a.m. Local time on or before SEPTEMBER 3, 2008, and commencing as soon as practicable thereafter during the Board of Public Works Meeting 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. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words "BID -"136th St & Keystone Avenue Water Main Relocation". A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: Water main replacement/relocation in conjunction with the Keystone Avenue & 136th Street Roadway Improvements. Including the relocationlreplacement of approximately 1200 LFT of (12'1 horizontally directionally drilled HDPE water main (carrier pipe), approximately 300 LFT of (18") horizontally directionally drilled HDPE water main (casing pipe), fittings, valves hydrants, water main connections & related appurtenances. Close coordination with the roadway improvement project in the same area will be required of the Contractor Contract Documents for the Project have been assembled into one bound project manual, which together with drawings, may be examined at the following locations beginning on AUGUST 18,2008: Carmel Water and Wastewater Utilities CrossRoad Engineers, P.C. 760 3rd Avenue SW, Ste. 110 3417 S. Sherman Drive Carmel, IN 46032 Beech Grove, IN 46107 (317) 571-2443 (317) 780-1555 ext. 12 Attn: John Duffy Attn: David F. Hammons Copies of such drawings and project manuals must be obtained from CrossRoad Engineers, at the address stated above, upon the payment of $50 for each set. These sets include full-size drawings. Payment must be by check. NO CASH ACCEPTED. Make checks payable to CrossRoad Engineers. All payments and costs of Contract Documents are non-refundable. Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. Wage rates for the Project shall not be less than the current prescribed scale of wages as determined by the Common Construction Wage Committee in accordance with I.C. 5-16-7 and included in the Project Manual. A pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on WEDNESDAY, AUGUST 27, at 1 :30 p.m in the Training Room on the 2nd Floor of Carmel Water Distribution Office (3450 W. 131 51 Street, Westfield, IN 46074. All prospective bidders are encouraged to attend the pre-bid conference. For special accommodations needed by handicapped individuals planning to attend the pre-bid conference or public bid opening meeting, please call or notify the City of Carmel, Water Distribution Office, at (317) 733-2855 at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than thirty (30) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject andlor cancel any and all bids, City of Carmel Bid Notice Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana ("City") will receive sealed Bids for the City's Main Street Sidepath Phase I ("Project") at the office of the Clerk-Treasurer, City Hall, One Civic Square, Carmel, Indiana, until 10:00 a.m. (local time) on September 3, 2008 and commencing as soon as practicable thereafter during a special Board of Public Works Meeting 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. DESCRIPTION OF WORK: This is to be a unit price bid project and involves the construction of approximately 1,800 feet of new concrete sidepath, ranging from 6' to 8' wide. Work includes some tree removal or trimming, 850' of new storm sewers, curb and gutter, culvert extensions, replacement of private drives with concrete, miscellaneous curb and ramp work, rough and finish grading and sodding. Maintenance of traffic and other incidental work is also included. BIDDING DOCUMENTS: Bidding Documents are available for examination at: City of Carmel, Department of Engineering (1 st Floor), One Civic Square, Carmel, IN 46032 (317) 571-2441 . Copies of the Contract Documents may be obtained from Eagle Ridge Civil Engineering Services LLC, 1321 Laurel Oak Drive, Avon, Indiana, 46123. A NON-refundable payment of $50 per set shall be made out by check or money order to Eagle Ridge Civil Engineering Services, LLC. Bids shall be properly and completely executed on Bid forms contained in the Contract Documents. Each Bid shall be accompanied by a completely filled out State Form No. 96 (including non-collusion affidavit), acceptable bid security, and wage stipulation affidavit (if applicable). Any Bid not accompanied by the aforementioned required items shall be deemed a non-responsive Bid. The Bid envelope must be sealed and be labeled with the words "BID -MAIN STREET SIDEPATH -PHASE I." No bidder ("Bidder') may withdraw its proposal within a period of 30 days following the date set for the receiving of Bids. The City reserves the right to retain any and all Bids for a period of not more than 30 days and said Bids shall remain in full force and effect during said time. The City further reserves the right to waive informalities and to award the Contract to any Bidder all to the advantage of the City of Carmel or to reject all Bids in accordance with IC 5-22-18-2. The Project will be funded by the City of Carmel. Wage rates for the Project shall be not less than the current prescribed scale of wages as determined be the Common Construction Wage Committee in accordance with IC 5-16-7 and included in the Project Manual. BID SECURITY: Each Bid shall be accompanied by an acceptable certified check made payable to the City of Carmel or an acceptable Bid bond in the amount equal to ten (10) percent of the total Bid price executed by an incorporated surety company in good standing and qualified to do business in the State of Indiana and whose name appears on the current Treasury Department Circular 570. BONDS: A performance bond and payment bond, each in the amount of 100 percent of the Contract price, will be required from the successful Bidder to whom the work is awarded. PRE-BID CONFERENCE: A Pre-Bid conference will be held prior to the Bid opening on Wednesday, August 2nd27, 2008 at 9 a.m. at the City Hall, (Caucus Room -Floor), One Civic Square, Carmel, IN 46032, to familiarize Bidders with this Project. The meeting is not mandatory but is recommended. Please notify the City Engineer's Office (317) 571-2441 if special accommodations are needed by handicapped individuals intending to attend the pre-Bid conference or Bid opening at least 48 hours prior thereto. r To: Board of Public Works and Safety Date: September 3, 2008 City of Carmel, Indiana Resolution No: BPW-09-03-08-0~ Principal: Pinnacle Pointe Associate LLC From: City Engineer Surety: Bond Safeguard Insurance Co. Board Members: I have conducted final inspection of Pinnacle Pointe Projecfor the following improvements: ITEM Bond Number AMOUNT Erosion Control 5022878 $ 3,886.00 The above improvements have been completed and are acceptable to the City of Carmel. I recommend acceptance of said improvements, subject to the following conditions: 1. The 3-year Maintenance Requirement for this project is waived and Maintenance Bonds will not be required. Per John Thomas, CPESC, Construction Inspector, City of Carmel Engineering Department. 2. Approved: ?zz,? ?!?&.a£ City Engineer Be it resolved by the Board of Public Works and Safety, City of Carmel, Indiana on this 3rd day of September 20~, that the Performance bonds for Pinnacle Pointe Project as listed above are hereby released and said improvements accepted by the City of Carmel, Indiana subject to the listed conditions above. The effective date of the Maintenanc bonds shall be the same date as this resolution. Signed:_____________________________________ Board of Public Works and Safety HIII. Dick B From: Thomas, John G Sent: Thursday, August 14, 2008 8:00 AM To: 'KZumstelnQjgregallen.com' Cc: Hili, Dick B Subject: FW: Pinnacle Pointe Medical Plaza Attachments: Pinnacle Pointe Perfonnance Inspection 8-5-08.xIs; Pinnacle Pointe Perfonnance Inspection 7-31-oe.xIs Good morning Ken, Thank you for making the required corrections at Pinnacle Pointe Medical Plaza. I will let Dick Hili know that you are ready to have your erosion control performance bond released. Have a great dayl Sincerely, John Thomas, CPESC Construction Inspector City of cannel -Engineering Department Cell: 317-750-1219 Fax: 317-571-2439 Email: jthomaS@carmel.ln.gov From: Ken Zumstein [mallto:KZums1:etn@jgregalien.com] sent: Wednesday, June 18, 2008 4:25 PM To: engineering Dept. SUbject: FW: Plnnade PoInte MedIc2lI Plaza Mr. Richard Hill Ken Zumstein J. Greg Allen & Associates 972 Emerson Parkway Suite A Greenwood, Indiana 46143 (317) 883-5529 Direct Dial (317) 883-5539 Facsimile (317) 590-6988 Mobile From: Ken Zumstein sent: Wednesday, June 18, 2008 4: 15 PM To: 'rfllll@cannel.ln.gov' Cc Bob Wildman SUbject: Pinnade PoInte Medical Plaza Mr. Richard Hili We are requesting the Erosion Control Perfonnance Bond #5022878 to be released and returned to our office at 972 Emerson Parkway, Suite -A·, Greenwood, Indiana 46143. Thank you for taking care of this matter. Ken Zumstein 1. Greg Allen &. Associates 972 Emerson Parkway Suite A Greenwood, Indiana 46143 1 ~ To: Board of Public Works Date: June 18, 2008 and Safety City of Carmel, Indiana Resolution No: BPW-09-03-08-0~ Principal: Boomeranq Development, 1 From: City Engineer Surety: Bond Safeguard Insurance Co. Board Members: I have conducted final inspection of Claybourne, Section 3 Projecfor the following improvements: ITEM Bond Number AMOUNT Interior Sidewalks 5012810 $ 141,040.00 The above improvements have been completed and are acceptable to the City of Carmel. I recommend acceptance of said improvements, subject to the following conditions: 1. Maintenance Guarantees in the amount of 15% of the Performance amount. for Streets and Curb & Gutters, be filed with the City of Carmel, saie Guarantees to run for a period of (3) years. 2. Maintenance Guarantees in the amount of 10% of the Performance amount, for all improvements (minimum $100.00), be filed with the City of Carmel, said Guarantees to run for a period of (3) years. Approved: ?n2~~City Engineer Be it resolved by the Board of Public Works and Safety, City of Carmel, Indiana on this 3rd day of September 20~, that the Performance bonds for Claybourne, Section 3 Project as listed above are hereby released and said improvements accepted by the City of Carmel, Indiana, subject to the listed conditions above. The effective date of the Haintenancf bonds shall be the same date as this resolution. Signed:____________________________________ Board of Public Works and Safety r August 21, 2008 Dick Hill City ofCarmel Department ofEngineering One Civic Square Cannel, Indiana 46032 Dear Mr. Ifill: Please accept this request to be presented to the Board ofPublic Works for the release of the following performance guarantees: Claybourne, Sec. 3 Int. Sidewalks Ifyou have any questions in regards to this matter, please contact me at your convenience at (317) 849·7607 xl03. Christopher W. Werth, P.E. Boomerang Development, LLC 11911 Lakeside Drive 1FIShers. Indiana 460381 (317) 849-7607 Gridlock Traffic Systems, Inc. Street Department -2008 APPROVED, AS 10 Pavement Markings :> FORM~Appropriation #43-503.00; P.O. #18722 Contract Not To Exceed $117,491.26 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 Gridlock Traffic Systems 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") from Vendor using City budget appropriation number 43-503.00 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 One Hundred Seventeen Thousand Four Hundred Ninety One Dollars and Twenty Six Cents ($117,491.26) (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 Street Department Bid Proposal Package for "2008 Thermo Plastics/Paint Program" 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,lE BuslMy Dowma"sIProrCloSionol S"",,,,,ISTREETUOO8IGRJDLOCK TRAFFIC SYSTEMS Good. & Scrvi"".doc"UrOO8 2,04 PM} , Gridlock Traffic Systems, Inc. Street Department -2008 Pavement Markings Appropriation #43-503.00; P.O. #18722 Contract Not To Exceed $117,491 .26 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. 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:\E 8ass\My Dorummts\Pr'o(csslooa& SeMcc:s\STRfFNOO8\GRJDLOCK TRAFFIC SYSTEMS Goods &. Savices.Ckll::: 8r OO8 2:04 P)..f] Gridlock Traffic Systems, Inc. • Street Department -2008 Pavement Markings Appropriation #43-503 .00; P.O. #18722 Contract Not To Exceed $117,491.26 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, attomey 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. NONDISCRIM INATION: 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 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 8ass\My DoouuCllls\Profcssiooal ServK.eS\STRfE1'\lOOrGRlDLOCK TRAfFlC SYSTEMS Goods & ServK:a;:.doc:~OO8 2:04 PM] Gridlock Traffic Systems, Inc. • Street Department -2008 Pavement Markings Appropriation #43-503.00; P.O. #18722 Contract Not To Exceed $117,491.26 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: David Huffman AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Gridlock Traffic Systems, Inc. 6400 Massachusetts Avenue Indianapolis, Indiana 46226 Telephone: 317-541-2727 ATTENTION: ___________ 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-8a.ss\My DocummI~\Prnfcss:iODaJ Savices\ST.REE1\200s\ORlDlOCK TRAFFIC SYSTEMS Goods & SCIVlca,doc:8WOO8 2:04 PM] Gridlock Traffic Systems, Inc. ~ Street Department -2008 Pavement Markings Appropriation #43-503.00 ; P.O. #18722 Contract Not To Exceed $117,491 .26 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 , 200B, 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:IL Bus\fYIy Oorummu\Prnfcssionai Str'Vices\STREE1'.200S\GIUDLOCK TltAFFIC SYSTEMS Goods &. Scrvice.doc:&tr OO8 2:G4 PM] Gridlock Traffic Systems, Inc. Street Department -2008 Pavement Markings Appropriation #43-503 .00; P.O. #18722 Contract Not To Exceed $117,491.26 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 Agreernent or in any document referenced herein conHicts with any term or condition contained in this Agreement, the terrn 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 GRIDLOCK TRAFFIC SYSTEMS, INC. by and through its Board of Public Works and Safety By: By: ()nckuvf'~ James Brainard, Presiding Officer Authorized Signature Date: ___________ '/tmb-tr s-M u. V~-f1ILll{e4/ Printed Name > Mary Ann Burke, Member Date: __________ oeA'U;raJ Mp-//! L~(/r Title Lori S. Watson, Member FIDrrIN : .3~-.2()'-/-O r3 c( Date: ___________ SSN if Sole Proprietor: ______ ATTEST: Date: ?/--:z 1/of Diana Cordray, IAMC, Clerk-Treasurer Date: _____________ (Z:\E S..a\MyDocumenu\PrortsSlooal Scrviccs\5TREFT\200S\GRIDLOCK TRAFFIC SYSTEMS Good, & S~ca.doc:SI~OO8 2:04 PM] ~ PART 2 BID PROPOSAL 2.1 Project Bid. The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described project, including anY,fUld all ,addenda thereto, for the total sum of ·U./, otlf l-/urJoe.t-r> ~Wr;:tl%6N -rHo\l~A-N~ FOVIL )f\?J:!D)l~ rJl.J~VtJ,J-;; ICO __Dollars ($ I.'. 'tq I ,,'2.6 ). The Bidder acknow1edges that evaluation of the lowest Bid shall be' based on such price. The Bidder further understands that all work which may result on the Contract shall be compensated for on a lump sum basis and that the OWNER cannot and does not guarantee the amount or quantity of any item ofwork to be performed or furnished under the Agreement. ""EXHIBIT It l h , 2008 PAVEMENT MARKINGS QUANfITY ESTIMATE DESCRIPTION 4" Double Yellow Solid 4" White Solid 4" Solid Yellow and 4" Skip Yellow 4" Skip White 4" Skip Yellow 24" Stop Bars Turn Arrows "ONLY's" 12" Crosshatch 6" Crosswalk 4" Dash Lines Pedestrian Crossing 24" Crosswalk 12' x 12" White Bars 4" Crosshatch Straight Arrows 6" Crosshatch Bike path straight arrow Bike path symbol QUANTITY 67,717 L.F. 13,855 L.F. 13,356 L.F. 27 27 UNIT AMOUNTPRICE "U{ \~ lBq,Db ~ 'ZI bbl.W • 06 goltl·~6 '~(.(,)(} btrOD 'z,~.uO b-'~·. OO --- TOTAL AMOUNT ((; I [:)03.02.. "EXHIBIT ft y; " , 2008 PAVEMENT MARKINGS THERMOPLASTIC QUANTITY ESTIMATE DESCRIPTION QUANTITY UNIT PRICE AMOUNT 4" Double Yellow Solid 50,468' #l::O 30r'ZSOf tp> 4" White Solid 127,107' ,,~3 ,(t 4'1S~1 4" Solid Yellow and 4" Skip Yellow 4" Skip White 11,432' 9,501' ~~~ 110 Sht)i.6g 4"0. ,0 4" Skip Yellow 3,651 ' .. 10 3iAI!J 24" Stop Bars l,lO3' ~q'l't 41Q):ll Straight Arrows 44 r;q.OD "Z.~lb~CO Turn Arrows 73 bt,oO q.., ~~.oV "Only's" 69 /2.00 411,.8.00 12" white Crosswalk 92 Z·S"'O ··Z:~o ,00 6" white Crosswalk 3,267' 1.00 3U,1.Cio 4"white cross hatch 566' ~qo ~~.'ft> 12" white crosshatch . 12" yellow cros:shatch 164' '-,;-0 l.f to.OO 8" yellow crosshatch 318' i.~O '-i'1.00 12" white sharks teeth Bike Path Symbols 27 it) .00 1..1~.0{) Bike Path Straight Arrows 27 to ,00 £..IO.cJD Parking(T) 400' I,,~O 600,00 24" white crosshatch 8" white cross walk 64 (.~"Z-9'#. 'i l? Combination arrows 1. 'z...,"~\OO "2.rO.oo l TOTAL AMOUNT , 0 I, '-f ~g * 'Z I( "EXHIBIT A'3h " ,.. ... -... 2008 THERMOPLASTIC / PAINT TOTALS THERMOPLASTIC PAINT TOTAL (COMBINED) 1 TOTAL .~ tl.?lj LfB8,-l,"{ ~ {hi 003. D'z... ~ \III '{4 , f 7-10 THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. EXHffiITB Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) GRAND TOTAL Goods Cost Per Item Services Hourly Rate/ Hours Worked - 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 Accident/Disease: 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 Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Not To Exceed $1 ,210,103 .00 APPROVEO~TO FORM BY: _ AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Calumet Civil Contractors, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor'). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 2006 Road Bond funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Million Two Hundred Ten Thousand One Hundred Three Dollars ($ 1,210,103.00) (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 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 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 "#06-14 Cool Creek North Trail" received by the City of Carmel Board of Public Works and Safety on or about August 18, 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:\E Ba.,,-~\My Documall<c\ProfeJliQul Savi('cs\ENGTNEERlNCNOO8'lCAllTMET CML CONTRACTORS G " S.doc:~8 9:.49 AM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Not To Exceed $1,210.1 03.00 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, alist 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 arid 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. . [l:I.E Bas..~\My Docwnall",\PrOrCi.'Cinnal SCTvica\£NGrNEERlNG\200OCAllIMET CIVll Co.'JTRACTORS G de S.do&::~oog9:.9 AM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Not To Exceed $1.210,103.00 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, attomey 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 8a.~-IJ.ty Doc\ImU'Jlf.Proro..'~oa&l SaviC-el\£NGlNEERJNGUOOs\cAlUMET CMLCONTRACTORS G &. S.do.;:~OOH9:49 AM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Not To Exceed $1.210,103.00 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: Mike McBride AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Calumet Civil Contractors, Inc. 4898 Fieldstone Drive Whitestown, Indiana 46075 Telephone: 317-769-1921 E-Mail: kgreen@calumetcivil.com ATTENTION: Kevin S. Green, 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 a greater amount. (BE B.a.«Wy Doatm",,,\Pro(CiJIoo>l S""";""IENGINEERJNG\2008\CALlIMET CIVlL CONTRACTORS G & SAoc:812fOOI 9:'9 AM) Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Not To Exceed $1.210,1 03.00 18.2 City may terminate this Agreement at any time upon trlirty (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,IE o...wy Docu...."lho("";onal S.ni=I£NGrNEERlNG\200I!\CALUMET CML COm"RACTORS G & S.doc'&r2~OO8 9;49 AM) --------- Calumet Civil ContJ'letors, Inc. Engineerin, Department -2008 Appropriation #2006 Road Bond; P.O. #19143 Contract Noc To Exceed SI:210.103.00 26. ENTIRE AGREEMENT: This Agreement, together with MY 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 wrftten representatlons 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 ~In Interest . IN WITNESS WHEREOF, the pMles hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA CALUMET CIVIL CONTRACTORS, INC. by and through Its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: __________ Kevin S. Green Printed Name Mary Ann Burke, Member Date: _________ President Title Lori S. Watson, Member FIDfTlN: 35-1151771 . Date: SSN nSole Proprietor: ______ ATIEST: Date: Augus t 27, 2008 Diana Cordray. IAMC. Clerk-Treasurer Date: ____________ rz-"~D d ____AWWnCMI..CIOIITM<TOItSaI<S~-..W).rr. 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 Unit Prices. when multiplied by estimated unit quantities for such Contract Items, total One Mi 11 ion Two Hundred Ten Thousand One Hundred Three andOO/l0Jl)01lars ($ 1.210.103.QQ ). 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 whlcll may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGlNEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. "EXHIBIT _A 1'1 J1 - Revised 8-18-2008 BID-3 ADDENDUM NO.2 PART 3 CONTRACT ITEMS AND UNIT PRICES [This Part to be used only for Bidding on Unit Price Contracts for the Contract Items shown] Prices In Fi~es Contract Description! Estimated Unit Total Price Item No. Unit Price [in Words] Quanti~ Price for Item I Construction Engineering L.S. S 21,275.00 S 21 ,275.00 2 NOT USED S S 3 MobilizationlDemobilization L.S. S 60,000.00 S 60,000.00 4 Clearing, Right-of-Way L.S. S 41,500.00 S 41,500.00 5 Excavation, Common 2,067 CYS S 19.00 S 39,273.00 6 Borrow 4,915 CYS S 17.00 S 83,555.00 7 Crushed Limestone 508 TON S 26.00 S 13,208.00 8 Type "0" Compacted Aggregate Base No. 53 3681 TON S 21.50 S 79,141.50 9 HMA Surface, Type A 580 TON S 103.00 S 59,740.00 10 HMA Intennediate, Type A 1,120 TON S 88.00 S 98,560.00 II Rip Rap, Check Dam, Temporary 157 TON S 40.00 S 6,280.00 12 Rip Rap, Revetment, Pennanent 411 TON S 28.00 S 11,508.00 13 Perimeter Protection, Silt Fence 6,081 LFT S 1.33 S 8,087.73 14 Seed Mix, A ACRE S 20,000.00 S . 20,000.00 15 PCCP for Drives, 6 inch 429 SYS S 90.00 S 38,610.00 16 Wood Railing 2,401 LFT S 36.00 S 86,436.00 17 Maintenance of Traffic I L.S. S 6,717.93 S 6,717.93 18 Line, Thennoplastic, Solid, White, 24 Inch 156 LFT S 9.85 S 1,536.60 19 Trail Signage, double sided II EACH S 486.00 S 5,346.00 20 Trail Signage, single sided 34 EACH S 486.00 S 16,524.00 21 . .. . _Yjp~> Typc:), ~jrc:ular,12IN 67 LFJ' $ .4Q,99___$,_ 2,68Q.00 22 Pipe End Section, 12 IN 4 EACH S 800.00 S 3,200.00 23 Pipe, Type 2, Circular, 15 IN 40 LFT S 42.00 S 1,680.00 24 Pipe End Section, 15 IN 3 EACH S 828.00 S 2,484.00 25 Pipe, Type 2, Circular, 18 IN 119 LFT S 44.00 S 5,236.00 26 Pipe End Section, 18 IN 5 EACH S 878.00 S 4,390.00 27 Pipe, Type 2, Circular, 24 IN 160 LFT S 54.00 S 8,640.00 28 Pipe End Section, 24 IN 8 EACH S 1,140.00 S 9,120.00 29 Inlet Type R-13 EACH S 2,400.00 S 2,400.00 30 Inlet Type E-7, Modified EACH $ 1,600.00 $ 1,600.00 31 Remove Pavement 1082 SYS S 5.00 S 5,410.00 32 Remove Chainlink Type Fence 130 LFT S 8.00 S 1,040.00 33 Remove Chainlink Type Fence Gate 40 LFT $ 12.50 S 500.00 34 Remove Concrete-lined Ditch 65 LFT S 8.00 S 520.00 35 Remove Curb 270 LFT S 5.00 S 1,350.00 If~/'1"EXHIBIT " Revised 8-18-2008 BID-4 ADDENDUM NO 36 Remove Retaining Wall 35 LIT $ 200.00 $ 7,000.00 37 Relocate, Light pole 2 EACH $ 2,800.00 $ 5,600.00 38 Relocate, Fire hydrant EACH $ 4,000.00 $ 4,000.00 39 Structure, Manhole, Reconstruct 25 VLIT $ 300.00 $ 7,500.00 40 Casting, Type 4, Furnish & Adjust to Grade 8 EACH $ 550.00 $ 4,400.00 41 Sign, Construction 4 EACH $ 315.00 $ 1,260.00 42 Signal, Cantilever Structure, 35' Mast Ann, 16' Height EACH $ 12,000.00 $ 12,000.00 43 Signal Cable, 3d8 80 IT $ 2.60 $ 208.00 44 Signal Cable, 5dl4 72 IT $ 1.75 $ 126.00 45 Construction Sign, A or B 8 EACH $ 377.00 $ 3,016.00 46 Sign, Sheet 2 EACH $ 300.00 $ 600.00 47 Flasher Installation LS $ 6,700.00 $ 6,700.00 48 Sawcut -for Demolition 168 LIT $ 2.00 $ 336.00 49 Adjust Manhole to Grade 2 EACH $ 500.00 $ 1,000.00 50 Modular Block Wall, Reinforced 206.2 SYS $ 88.00 $ 18,145.60 51 Modular Block Wall Erection 206.2 SYS $ 160.00 $ 32,992.00 52 Structure Backfill 733 CYS $ 32.00 $ 23,456.00 53 Curb, Concrete, Barrier 298 LIT $ 24.00 $ 7,152.00 54 Curb, Concrete, Rolled 121 LIT $ 18.00 $ 2,178.00 55 Seatwall, Limestone Blocks 137 CF $ 100.00 $ 13,700.00 56 Seatwall, Foundation 8 CYD $ 400.00 $ 3,200.00 57 Topsoil 178 CYD $ 20.00 $ 3,560.00 58 Landscaping, Tree, Shade 7 EACH $ 428.41 $ 2,998.87 59 Landscaping, Tree, Ornamental 4 EACH $ 352.81 $ 1,411.24 60 Sedge 468 EACH $ 5.80 $ 2,714.40 61 Vegetative Swale I LS $ 8,215.46 $ 8,215.46 62 Structure Backfill 190 CYD $ 32.00 $ 6,080.00 63 Shrubs 118 EA $ 45.36 $ 5,352.48 -64 . Ornamental Grasses 1953 EACi-f $ -f4.87 -$-_ . i9,04LlI 65 Perennials 135 EACH $ 15.12 $ 2,041.20 66 Mulch 31 CYD $ 70.31 $ 2,179.61 67 Spaded Edge 218 LIT $ 1.86 $ 405.48 68 Steel Encased Concrete Piles, 14" DIA 174 LIT $ 100.00 $ 17,400.00 69 Reinforcing Steel, Plain 840 LBS $ 1.20 $ 1,008.00 70 Concrete, Class A, Substructure 9.2 CYS $ 1,000.00 $ 9,200.00 71 Expansion Joint, Sliding Plate 12.3 LIT $ 125.00 $ 1,537.50 72 Concrete Deck, Reinforced 1434.8 SIT $ 14.00 $ 20,087.20 73 Pre-engineered Prefabricated Truss EACH $ 135,000.00 · $ 135,000.00 74 Foundation Excavation, Unclassified 540 CYS $ 24.00 $ 12,960.00 75 Perforated Pipe, 6 IN. DIA. 404 LIT $ 20.00 $ 8,080.00 76 Pipe, PVC, 6 IN. DIA. 10.5 LFT $ 20.00 $ 210.00 77 Seedling Trees, 3 gal 365 EACH $ 33.21 $ 12,121.65 78 Shrubs, bare root 330 EACH $ 5.80 $ 1,914.00/4-' 'J/'-f " Revised 8-18-2008 BID-5 ADDENDUM NC 79 80 81 Seed mix, wetland mitigation Geotextiles Identity Signage 425 6 ACRE $ SYS $ EACH $ 7,711.44 3.00 2,580.00 $ $ $ 7,711.44 1,275.00 15,480.00 TOTAL BID $ 1,210,103.00 "EXHIBIT_A 'iI.r II - Revised 8-18-2008 BID-6 ADDENDUM NC EXHIBIT B 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 ' '" " I (L .. - GRAND TOTAL '- . .. / ~ " .' ,-,I -- 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 ,..",uc.INDIANA RETAIL TAX EXEMPT I CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBERCity of Carmel I I FEDERAL EXCISE TAX EXEMPT /fl 1f335-60000972I I THIS NUMBER MUST APPEAR ON INVOICES.ONE CIVIC SQUARE VOUCHER. DElNERY MEMO, PACKING SLCARMEL, INDIANA 46032-2584 SHIPPING lABElS AND IN( CORRESPONoeN FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 IRCHASE ORDER DATE ~/V~JOZ DATE REQUIRED REQUISITION NO, VENDOR NO. DESCRIPTION CALV 1?1 C T C/f)''/ dn-f-n;fc-f.ors :3:r7~IfENDOR TO'1<193 \lJ~ ~ SHIP ---7 7~ ~,';/11 Lf6 0 7.s :lHFlRMATlON BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY 1UNIT OF MEASURE DESCRIPTION 1 UNIT PRICE I EXTENSION ~ .t l ( _ 0 AJ7C ~~ ~CuJ (f !!:!~/JOl.I().1 /03 Send Invoice To: 2r-,t ~ PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT • IJP 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 ATIACHED. • I HEREBY CERTIFYpiAT THERE IS AN UNOBUGATED BALANCE INSHIPPING INSTRUCTIONS THIS APPROPRIAJfO.bI.SUI\f;feIENT TO PAY FOR ~ABOVE ORDER. • SHIP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON All SHIPPING lABELS. • THIS ORDER ISSUED IN COMPUANCE WITH CHAPTER 99, ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. . 19143 CLERK-TREASURER DOCUMENT CONTROL NO. . . . VENDOR COpy · Ca1umet Civil Contractors, Inc. Engineering Department -2008 Appropriation #CRC-$287 ,210.31, 206-4462300-$107,834.25; 2200-4462300-$1 00,000.00; 2°~Frp,TO P.O. #19144 Contract Not To Exceed $574,420.63 FORM 8Y: 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 ("Citt), and Calumet Civil Contractors, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number CRC, 206-4462300, 2200-4462300, 206R4462838 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 Five Hundred Seventy Four Thousand Four Hundred Twenty Dollars and Sixty Three Cents ($574,420.63 ) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30Y 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" #08-06, 1st Avenue SW Drainage and Street Improv~ments' received by the City of Carmel Board of Public Works and Safety on or about August 20, 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 Bus\My Doaomm"lProfOO<i...w S"';ca\ENGINEERINGI2008ICALUMET 1ST AVE. SWGoods .It ___~3:S6 PM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #CRC-$287,21O.31, 206-4462300-$107,834.25; 2200-4462300-$100,000.00; 206-R4462838-$79,376.07; P.O. #19144 Contract Not To Exceed $574,420.63 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. 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 prompUy 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 attomey 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,IE _\MyDoao......'P"'f_..1I s.mta'ENOINEEIUNOIlOO8\CALllMET 1ST"YE. SWGoods Ik Stn'K:os.doc'~8 B6 PM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #CRC-$287 ,210.31, 206-4462300-$107,834.25; 2200-4462300-$100,000.00; 206-R4462838-$79,376.07; P.O. #19144 Contract Not To Exceed $574,420.63 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, attomey 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. 1Z:1E -\My DocumaIu\Prorcai...~ 5<rnasIENGlNEERlNGI2OO8ICALUMET 1ST A \IE. SWGoods .t SavicaAoc:~OO81:S6 PM] Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #CRC-$287 ,210.31, 206-4462300-$107,834.25; 2200-4462300-$100,000.00; 206-R4462838-$79,376.07; P.O. #19144 Contract Not To Exceed $574,420.63 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 Cannel One Civic Square Carmel, Indiana 46032 AnN: Mike McBride AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Calumet Civil Contractors, Inc. 4898 Fieldstone Drive Whitestown, Indiana 46075 Telephone: 317-769-1921 E-Mail:kgreen@calumet AnENTION: Kevin S. Green, 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 a greater amount. (Z,IE BaalMy lloouJIsIu\I'roc.......aJ Scnica\ENGrNEERJNG\2OOI'CALlIMET I ST AVE. SWGoods 4 Servrca.do<:9fOOll:S6 PM) 'Calumet Civil Contractors, Inc. Engineering Department -2008 Appropriation #CRC-$287,21O.31, 206-4462300-$107,834.25; 2200-4462300-$100,000.00; 206-R4462838-$79,376.07; P.O. #19144 Contract Not To Exceed $574,420.63 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,IE BoaIMy DocwocDonrorars.""oI scrncaIENGINEERlNGI2008\CALUMET 1ST AVE. SWGoodJ.t S.rnca.dod/~OOg ) ,$6 PM] D8/27/20D8 WED 'a03 PAX 317 571 243' CI~Y OP CARMEL IZIOOIIOll Calumet Civil Coatraclora, Inc. Engineering Department -2008 Appropriation /lCRC-S2I7 ,210.31, 206-4462300-$ J07,834.25: 2200-4462300-$ J00,000.00; 206-R,4462838-S79,376.07; P.O. #19144· Contract Not To Exceed $574,420.63 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 sal 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 confticts with any term or condition conlained In this Agreement, the term or condition contained In this Agreement shall govem 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 herelo have made and executed this Agreement as follows: CITY OF CARMEL. INDIANA CALUMET CIVil CONTRACTORS, INC. by and through itS Board of Public Wor1<s and Safety By: James Brainard, Presiding Officer Date: __________ Kevin S. Green Printed Name Mary Ann Burke, Member Date: __________ President Title Lori S. Watson, Member Date: __________ FIDfrlN: 35-1151771 SSN If Sole Proprietor: _______ ATTEST: Date: . Augus t 27, 2008 ' Diana Cordray, IAMC, Clerk-Treasuf8c Date: ____________ IZ:IE_.... h F ."__AI.llNI!TIJTAVL'-""'-~_J"'1'NJ 10 20 30 40 50 ltemtnd :"" I IItAWDleSW andSlreet ...." .... 1JaIt u..c.t T.... c.a I MobiIw;....ad DemobiIiIIItioa 1.00 LS S "484.~ S 8414.~ 2 . [Rilbl-cll-WIIY 1.00 LS S 25007.46 S 25007.46 3 CGIIIIDIIa 1171.36 CYS S 24.43 S 21.787.33 4 BrCIIioD CoaIroI ) , pee 1.00 LS S 4,571.22 S 4,571.22 5 StrucIun BIdr:ftII 147.~ CYS S 40.75 S 34.555.59 6 No. 53 Bae 591.00 roN S 14.92 S ~16 7 No.2,Bae 609.20 roN S 14.17 S 9058.10 8 lIMA. Sur&oe. 9.5aam 110.60 roN S 11527 S 2O,t17.76 9 lIMA. 19.Omm 359.00 TON S 81.76 S 29.351.14 ~ 2175.60 SYS S 4.98 S 10834.49 II NocIJfied CUrb balD. Type A 14.10 SYS S 100.00 S 1410.00 12 NocIJfied onR.Imp. 1Jpe G 7.70 SYS S 100.00 S 770.00 13 MoaoliIb.ic on.... Sidewdc 379.00 SYS $ 49.00 S 1..m.00 14 SbiIIIt CIIIIcnIe CWb 190.00 urr S 25.00 S 4750.00 IS eaIMW.d CUrb.ad 0aaIIIr 1JpeD 491.00 urr S 14.75 S 7.242.25 16 CCIaIIIinecI Cwb ...Ouaer 499.00 urr S 16.00 S 7.914.00 17 II'IIRIrW CcIDcrae Curb (BIniII-) 10.00 urr S 15.00 S 1.200.00 18 peep_ 6 ill. 306.50 SYS S 39.00 S 11~.50 19 Pipe. Type 4, CiroulIr, 6 ill. Double Will, 444.00 U S 1.41 S 3,734.04Smoodl Jmeriar ~Reiafbnled 12 ilL 340.00 LF S 34.76 $ 11118.40 21 Core BIiItiDa MahoIe 1.00 SA S 989.60 S 989.60 22 0.""_'"UDderdrUl 305.12 SYS S 2.40 $ 733.97 13 _ UaderdraiD 39.96 CYS $ 36.39 $ 1454.14 24 Modified ........... C-IO 5.00 SA S 2.576.13 $ 12,810.65 25 C4 1.00 SA S 1175.54 S 1175.54 ::x:::: >< >< 27 ~M-IO 1.00 SA $ 1604.79 S 1604.79 28 Pille c.rdl BMiD, 18 ill. 1.00 SA S 793.74 $ 793.74 29 Raed aa.reSiIa .&. U. 2.00 SA $ 225.00 S 450.00 Detour Rouee M..br 12.00 SA S IOS.OO S Y§Q.OO 31 CCIIIIIructioIl SiD. A 2.00 SA S 175.00 S 350.00 32 CCIIIIIructioIl SjaD, B 2.00 SA S 65.00 $ 130.00 33 .. Tm&c 1.00 LS S 1442.98 $ 1,442.98 34 DJ.B 96.00 urr $ 19.00 S 1124.00 35 Deccntive Tm&c Sian 2.00 SA 1$ 1120.00 $ ~OO 36 DeconIiw Street SiD 2.00 SA $ 1870.00 $ 3740.00 37 1Une.. . Solid Wbite, 4 ilL 569.25 urr $ 4.00 S ~77.00 38 TI'IDIWI'Ie MIrkia&. TbarmopI·..ic, &lOp Be, 24 32.00 lFJ' $ 20.00 S 640.00 in. 39 DeconIiw CnIaMIt 32.00 SYS S 253.41 $ U09.12 IG_" ,u.......... R.eocIIIIIruct 2.00 SA S 1.251.17 $ l.S02.34 41 ISIaiDrv u .......... Ad_ c.tiaa to 0r8de 1.00 SA S 631.22 $ 631.22 42 Liabt ~Fa.-Na. 8.00 SA S 1110.00 $ 1110.00 43 LiIbt StIadIrcI, Pole, Fildure ....... 1.00 SA $ 7,400.00 S 59,200.00DeccInItM 44 Wire, No.4, CoDoer.1n 2" Steel CoGdWt. 4 lie 551.00 urr $ 14.70 $ 8099.70 45 lC'nrwlult, SIeeI. 0IIYaDi2Jed. 2' 551.00 urr S 18.40 S 10138.40 46 1C'~.1t PVC 4' 52.00 LFT $ 29.00 $ 1.508.00 47 12' II: (I II: 7' BIecIric ........VIUlt 5.00 SA S 10749.57 S 53747.85 41 Duke Eaerav Blecaic Duct 8Mk: 1344.00 LFT ,$ 65.92 S 88.596.41 49 MuIc:bed SeediIIIL TvDe U 593.00 SYS S I.OS 622.65 W....VIIIve. AdiUIt to 0rwIe 5.00 SA . $ 1016.25 5081.25 51 I~ReIocIte 1.00 SA $ UI7.77 2,117.77 52 SmitIry UIenI. PVC, RepmI RepIece 100.00 lFI' $ 21.37 $ 2,137.00(UlllliIIribueed) . 53 IAQuHiwirl Model AS-2 1.00 SA S 12.604.76 S 12.604.76 54 DiWI'Iioa SIructure 1.00 SA S 2.459.91 $ 2.459.91 55 CCIocnCe Curb Turnout 4.00 SA S 200.00 $ 100.00 TOTALS $ 552.594.70 . i( tAllenateBld_ IIEXHIBrr It 7/ Alternate Bid Items 1st Avenue swr . e and Street I T ¥ements Item ## Item IQaotity UDit UDitCOIt TotaICOIt A-I Excavation for Rain Gardens 1.00 LS $ 2,9SS.48 $ 2,9SS.48 A-2 24" Nyloplast Drain Basins 4.00 EA $ 1,742.32 $ 6,969.28 A-3 HDPE,12" 237.00 LFf $ 29.77 $ 7,OSS.49 A-4 Structure Backfill 103.23 CYS $ 20.S2 $ 2,118.28 A-S Pipe, Type 4, Circular, 6 in. Double Wall, Smooth Interior 60.00 LFf $ 29.47 $ 1,768.20 A-6 Aggregate for Underdrain 6.00 CYS $ 42.40 $ 254.40 A-7 ~ Gcotextile for Underdrain 40.00 SYS ~ ~ $ 17.62 - TOTALS $ 704.80 ---......... $ 21.825.93 I -EXHIIWA3 EXHIBITB Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Proj eel 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 AccidentIDisease: 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 .. t>~' ~0 c~ /~~sw~./-~~ ,v7r= ~7f(412A. 6~r; Send Invoice To: YIi'~z.:Jo 0 ! ..237 :7 /~. 3/" - ~ VdY: r;l..) . ~ /00/ tJo'" 0 0 79...., \3 76,. 0""1 PLEASE INVOICE IN DUPLICATE , ~"~'~"~'~~1i . ~.... ~ ....~ CI:,~ 1m. "'Go.... :~ ..l ~',. ~: ~:*i: '::JD~. ~,p~Z3t1o 1/0 .:2-)...00. ~._ Rvv'.J-S'.?I; INDIANA RETAIL TAX EXEMPT CERnFICATE NO. 003120155 002 0 City ofCarm.el I FEDERAL EXCISE TAX EXEMPT 35-eOOOO872I I ONE CIVIC SQUARE CARMEL, INDIANA 48032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 PAGE PURCHASE ORDER NUMBER /t{IYt( T1iIS NUUIIEA MUST APPEAR ON INVOICI VOUCHER. DEUVEAY MEMO, IW:KING SHIPPING LABELS AKl ANY CORAE8PON[ URCHASE ORDER DATE DATE REQUIRED REQUISmON NO. VENDOR NO. DESCRIPTION r-~-Dr - ~~~ SHIP ~7~ VENDOR TO~lf8.3"~~ ~~..:J:-/fl r-~o7~ PAYMENT TEWS FREIGHT-I~I~I QUANTITY IUNIT OF MEASURE I DESCRIPTION UNIT PRICE EXTENSION DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT • AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNlESS TliE P.O. NUMBER IS MADE A PART OF TliE VOUCHER AND EVERY INVOICE AND VouaiER HAS THE PROPER SWORN AFFIDAVIT ATTACHeO. • I HEREBY CERTlFY lliAT TliERE IS AN UNOBI.JGATED BALANCE INSHIPPING INSTRUCTIONS • SHIP REPAID. mB2Eil7:>8OYE_·• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY• PURCHASE ORDER NUMBER MUST APPEAR ON AU. , J 1 SHIPPING LABB..S. ~ • TliIS ORDER ISSUED IN COMPUANCE WIlli CtiAPTER 911, ACTS 1945 TITLE AND ACTS AMENDATORY TliEREOF AND SUPPLEMENT TliERElO. CLERK-TREASURER19144 VENDOR COpyDOCUMENT CONTROL NO. ·. APPROVED, AS TO FORM BY:___ AGREEMENT THIS AGREEMENT for professional services, dated this 21s' of July 2008, by and between the Institute for Public Safety Personnel, Inc. (hereinafter "IPSP, Inc.,") and the Carmel Police Department (hereinafter "Department"): A. Basic Services I. Effective July 21, 2008, and continuing through July 21, 2009, IPSP, Inc., shall, pursuant to the terms and conditions set forth herein, provide the Department with the professional consulting services set forth in Exbibit A attached hereto and made a part hereof. B. Operation I. The relationship between IPSP, Inc., and the Department shall be that of an independent contractor providing professional services. 2. IPSP, Inc., shall furnish, or make contact with other individuals or entities to furnish such professional, technical, or clerical services as are needed for the administration ofthe lPSP, Inc., programs. IPSP, Inc., shall provide for all salaries and the employer's share of social security, worker's compensation, and all other taxes imposed on an employer with reference to any personnel employed by IPSP, Inc., in relation to the performance ofthe terms ofthis Agreement. 3. All records kept by IPSP, Inc., concerning the designated programs herein shall be the property of IPSP, Inc., provided that the Department shall have the right to access and review the information contained in such records. 4. The total cost to the Department for services ofIPSP, Inc., as provided for in this Agreement shall be in the amount set forth in Exbibit A. Such amount shall be remitted to IPSP, Inc., within thirty (30) days after completion ofthe agreed services. The services rendered by IPSP, Inc., under this Agreement shall be considered as ''professional services." Upon request, IPSP, Inc., shall provide a fully itemized statement concerning the services rendered under this Agreement. C. Additional Services I. The Department may, from time to time, require changes in the scope of the services of IPSP, Inc., to be performed under this Agreement. Such changes, including any increases or decreases in the amount of compensation to IPSP, Inc., which are mutually agreed upon by the parties hereto, and approved by all other necessary and proper authorities, shall be incorporated in written amendments to this Agreement 2. IPSP, Inc., further agrees that its personnel will appear, ifnecessary, to testify on behalf ofthe Department with regard to any legal challenge involving IPSP, Inc., programs, and that IPSP, Inc., personnel shaH make such appearance without compensation other than out-of-pocket expenses. D. Miscellaneous I. If IPSP, Inc., fails to fulfill in a timely and proper manner the obligations pursuant to this Agreement, the Department shall thereupon have the right to terminate this Agreement by giving written notice to IPSP, Inc., at least thirty (30) days prior to the effective date of such termination. In the event of temtination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue ofany breach ofthis Agreement, and the Department may withhold payment to IPSP, Inc., for the purpose ofsetoff until such time as the exact amount ofdamages due the Department can be detemtined. 2. Ifthe Department shall fail to fulfi11 in a timely and proper manner the obligations pursuant to this Agreement, IPSP, Inc., shall thereupon have the right to terminate this Agreement. Said notice shaU be given to the Department at least thirty (30) days prior to the effective date of such termination. In the event oftermination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue ofany breach ofthis Agreement. 3. IPSP, Inc., shall indemnify and hold harmless the Department from any and all loss, damage, injury or liability caused by the negligence ofJPSP, Inc., or its employees or agents in performing its obligations provided in this Agreement. 4. IPSP, Inc., shaU not be held liable and the Department shall hold IPSP, Inc., harmless from any and all loss, damage, injury or liability caused by the negligence ofthe Department or its employees or agents in disregarding or ignoring any professional opinion, diagnosis or recommendation of IPSP, Inc., or its employees or agents while IPSP, Inc., is performing its obligations provided in this Agreement. 5. IPSP, Inc., certifies and warrants that it has the capacity to perform the services as required by the Department with high professional quality, ability and expertise and further certifies and warrants that it has the capacity and authority to enter into this Agreement. 6. IPSP, Inc., and its employees, agents and representatives, in the performance ofthis Agreement, agree not to discriminate against any employee or applicant for employment with respect to his or her tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because ofrace, color, sex, religion, national origin, ancestry, disability, or veteran status. 7. This Agreement shall be binding upon and shall inure to the benefit ofIPSP, Inc., its partners, successors, assigns, legal and personal, representatives, and administrators. 8. At the expiration ofthe initial term hereof, or upon earlier termination of this Agreement pursuant to Section D, 4, the parties shall review the compensation paid by Department and the services rendered by IPSP, Inc., through the date of such termination to determine whether Department is entitled to any reimbursement or whether IPSP, Inc., is entitled to additional compensation, and any necessary adjustments shall be made. 9. Nothing herein shaU be construed as creating any personal liability on the part of any officer, director, agent, or employee ofany public body which may be a party hereto. 10. This Agreement represents the entire understanding between and among the parties hereto. This Agreement may not be changed, altered, or amended; modification of this Agreement must be in writing, executed by the parties hereto, refer to this Agreement by date, and must be executed on a form entitled "Supplemental Agreement" approved by aU parties hereto. 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: James Brainard, Presiding Officer Date: __________ Mary Ann Burke, Member Date: __________ Lori S. Watson, Member Date: __________ ATTEST : Diana Cordray, IAMC, Clerk-Treasurer Date: _____________ INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. ~c~ ~ ::r e It:.j:: '!::~ 1 C, S4 U ~ h {.t.., Printed Name ' J \ ~ (If'ec:......~o r Title FIDfTlN: ~ 'S -( <tr7 ~'-11 ( SSN if Sole Proprietor: _______ Date: « ( ( ~ (0 ~ rZ:\E Bass\My DocumcrJu\Ptofc:uioaal ScrV1(:~\FORMS\Goods & SttViceo; . Rev M-06-01.doc :11J 1f200s 9:) 2 AM) 7 INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Cannel Police Department Consulting to Cannel Police Department Hostage negotiations Unit Exhibit A SERVICES o Respond to hostage incidents when called out by the Cannel Communications Center. IPSP will provide an emergency telephone number and the IPSP staff psychologists will remain on call on a 24 hourl7 day per week basis. o Provide on site consultation with the negotiation unit during emergency incidents. o Attend negotiator training sessions o Provide training to negotiators when requested by members ofthe negotiations unit. COSTS The cost for the services outlined above will be $250 per month while the agreement is in place plus a fee of$125 per hour when either called out or involved in emergency consultations with members ofthe negotiation unit. In addition, the cost will be $125 per hour for training by a psychologist that is requested by the Department. However, there will not be any charge for training that is provided by the department and is attended by a psychologist. IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY CARMEL POLICE DEPARTMENT PERSONNEL, INC. By:BY:~_C:-~ ~b.~i Date: ~ ( I ~(D ~ Date: g Cit !? -Q?v NEW AGENDA ITEM Today's Date: (:) 1> I I g I 09 __CITY COUNCIL (Original and 8 Copies) * E-Mail All Ordinances and Resolutions (Include any Exhibits) to Lois Fine / BOARD OF PUBLIC WORKS (Original and 5 Copies) Check One: __ADD-ON L NEXT MEETING: Q!LI03/~ (Date) __ FUTURE MEETING: _I 1_ (Date) Sponsor: (Person to be Listed on Agenda) Clu15 ~ Description of Item: ~~~~tit-~ ~Any Special Instructions: .:x:-. (Special EqEt Nee~d. ,;er£lI Pre~entation. Etc) • . ~;iL~~~~~ APPROVED!rM TO 2008 CONTRACT FOR FfRE PROTECTION FOltM8Y:~ 2008 CONTRACT FOR FIRE PROTECTION BETWEEN THE CITY OF CARMEL, INDIANA AND CLAY TOWNSHIP OF HAMILTON COUNTY THIS AGREEMENT, made and entered into by and between the City ofCarmel, Hamilton County, Indiana, hereinafter called the "City," and Clay Township, Hamilton County, Indiana, hereinafter called the . "Township," as of the 151 day of January, 2008. WITNESSETH: WHEREAS, the City and the Township have heretofore entered into contracts for fire protection of the Township; and WHEREAS, the City and the Township have agreed to continue fire protection arrangements for the additional period ofone (1) year beginning as ofJanuary 1,2008, and continuing through December 31,2008; and WHEREAS, the City and the Township have agreed that fire protection shall not be discontinued until the 2009 Contract is negotiated and ratified between the parties or until the Township has retained alternate fire protection. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. The City agrees to furnish fire protection service to the residents ofthe Township outside the limits of the City, including basic and advanced life support emergency service ("life support"), the Communication Center Service, and administer the "911 emergency service" (all the foregoing collectively "Fire Protection"). 2. The Township hereby agrees to leave all ofits fire fighting equipment, trucks and accessories, and life support emergency vehicles at the disposal ofthe City throughout the term of this Agreement. [C:\Docummu KId SdtiAp\eba.u\l.oc.al Settings\Temporary lnlC'1lCt Fild:\()LK8I\lOOS-()f;-I) 2008 File Contraci CAllAHAN cJeaadoc:8115J2008 2:07 PM) 2008 CONTRACT FOR FIRE PROTECTION 3. The City will continue to operate the six (6) stations now in use and to operate advanced life support vehicles out of each station. 4. The only monetary liability of the Township for Fire Protection to the City will be to pay the contract payments as hereinafter set forth. The proportionate share of the Township for the 2008 Fire Department budget shall be the ratio based upon the Township's 2007 (pay 2008) assessed valuation outside the corporate limits compared to the City's 2007 (pay 2008) assessed valuation as they relate to the total ofthe two. The proportionate share ofthe Township for the 2008 Communication Center's budget shall be one-half (112) of the Communication Center's budget multiplied by the ratio based upon the Township's 2007 (pay 2008) assessed valuation outside the corporate limits compared to the City'S 2007 (pay 2008) assessed valuation as they relate to the total of the two. The 2007 (pay 2008) assessed valuation of the Township outside the corporate limits is certified as $1,725,507,240.00 or 19.92% ofthe total assessed valuation ofthe Township. The 2007 (pay 2008) assessed valuation ofthe City is certified as $6,936,589,520.00 or 80.08% of the total assessed valuation. These certified values and percentages are subject to change by the Hamilton County Auditor and the Department of Local Government Finance. 5. The City agrees to maintain a minimum of one hundred forty-four (144) full time, sworn firefighters at all times during the continuation of this agreement, including a full-time, paid Fire Chief, a minimum of forty (40) ofsaid firefighters to be assigned to each of three (3) shifts at all times. In the event that firefighters terminate employment during the year, the City will continue to be in compliance with this paragraph so long as it hires replacement firefighters within a reasonable time of the termination. The City further agrees to maintain the Communication Center and administer Emergency "911 " services and make the same available to all Township residents. The Fire Chief will be appointed by the Mayor, after consultation with the Township Trustee and the Township Board. 2 [C.\Documc:ol.~ and Senmgsldlus\l.oc.a.l Sc:tuap\TanpoT&ry ml5D.eI. File5\OLKBI1.2008-06-I] 2008 Fire Cootracl CAllAHAN clean..doc:8/IS12008 2:07 PM) 2008 CONTRACT FOR FIRE PROTECTION 6. The City agrees to purchase all materials and supplies, to pay all compensation to personnel and firemen, pay the costs ofthe operation ofthe Fire Department and the Communication Center, to carry all necessary insurance on firefighters/personnel and on all buildings and equipment of the City and the Township, except the building known as Fire Station No. 45, and to save the Township, the Township Trustee and the Township Board harmless from any and all liability, except as to Fire Station No. 45. A copy ofthe Declaration Page of the Liability Insurance Policy carried by the City on the Fire Department and the Communication Center is attached hereto as Exhibit "C" and a Certificate ofAdditional Insured is attached hereto as Exhibit "D", naming the Township, the Township Trustee and the Township Board as additional insureds. A copy of the Declaration Page of the Casualty and Premises Liability Policy carried by the Township on Fire Station No. 45 is attached hereto as Exhibit "E" and a Certificate of Additional Insured naming the City as additional insured on Fire Station No. 45 is attached hereto as Exhibit "F". 7. The City shall provide to the Township a complete inventory ofall Fire Department apparatus and equipment each year. S. The City agrees to furnish quarterly statements ofall operating expenses on or before the tenth (10th) day following the end ofeach calendar quarter. A1l200S Budgeted Amounts appropriately encumbered by the City in 200S and expended in 2009 shall be separately accounted for and treated as 200S operating expense for purposes of this Contract. On or before February 15, 2009, the City further agrees to furnish statements ofall 200S budgetary items, expenditures and encumbrances in a fonnat which can be reconciled to the contract amounts. The City shall repay to the Township its share ofunspent monies contributed for Fire Protection no later than February 15,2009, with regard to 200S unspent monies. In the event that the State Board of Accounts Audit of the City of Carmel requires an adjustment of the above computations, the Township or the City will remit any amounts due as a result of the audit within thirty (30) days of receipt of the Audit Report. 3 IC\Documal1.1; &ad Sming.,'l(!bMS\l.oul Semnp\Tanporary laCaDel Filc\()LXB 1\2008-06-13 2008 Fire COQD'acJ CAl.l.AHAN dean.doc:8J I S,.,200& 2·01 PM) 2008 CONTRACT FOR FIRE PROTECTION 9. The entire budget for the Fire Department of the City and of the Township in 2008 has been fixed at $18,214,718.00. A copy of said Budget is attached hereto as Exhibit "A2". Of that amount, it is mutually agreed that the share of the Township should be $3,628,371.83 or 19.92% of the Fire Department Budget. In the event the expenditures in 2008 are less than $18,214,718.00, the Township's pro rata share of the money unspent shall be refunded as set forth in Paragraph 8 above. However, all ofthe above is subject to and conditioned upon the approval of the budgetary authorities of the City and the Township. 10. The entire budget for the Communications Center ofthe City and ofthe Township in 2008 has been fixed at $2,644,200.00. A copy of said Budget is attached hereto as Exhibit "B2". Of that amount it is mutually agreed that the share ofthe Township shall be $263,362.32 (19.92% of50%) ofthe Communications Center Budget). In the event the expenditures in 2008 are less than $2,644,200.00 the Township's pro rata share of the money unspent shall be refunded as set forth in Paragraph 8 above. However, all of the above is subject to and conditioned upon the approval of the budgetary authorities of the City and the Township. 11. In order to pay its share of the above expenses for the year 2008 in the total amount of $3,891,734.15, the Township appropriated and will seek Dept. of Local Government Finance approval ofan appropriation in its Fire Fighting Fund of$3,891, 734.15. By this Agreement, the Township agrees to pay the entire appropriation of$3,891 ,734.15 to the City as payment ofits share ofthe total costs ofFire Protection. 12. The Township further agrees to take all action necessary to seek authorization to borrow funds, if necessary, to enable it to complete the payment ofthe total amount due and payable for its share ofthe costs of Fire Protection required pursuant to this Agreement. 13. For and in consideration ofthe promises and agreements herein and subject to the approval of all necessary state agencies, the Township does hereby agree to pay the City the total sum of$3,628,37l.83 (2008 Fire Department Budget) and $263,362.32 (2008 Communication Center) in the following manner: $1,814,185.92 (Fire Department) on or before July 15, 2008, or within one (1) business day of the Township'S and receipt of its tax draw from Hamilton County, whichever is later. $131,681.16 (Communication Center) 4 [C \DocumenU &ad Seni.o,,\eb.ass\l...oc..al SClIW&J\Tanporary loctnlet Filo:'.()lJ(! 1\2008 -06-112008 Fire Conl1l1Ct CAU.AHAN clcan.doc"Sfl S12008 1·07 PM] 2008 CONTRACT FOR FIRE PROTECTION $1,814,185.92 (Fire Department) and $131,681.16 (Communication Center) on or before December 31,2008, or within one (1) business day ofthe Township's receipt of its tax draw from Hamilton County, whichever is later. Notwithstanding the foregoing scheduled payments, the Township may, at its option, and in lieu ofthe payments due on December 31 SI, pay an amount which will: (a) cause the total payments made by the Township pursuant to this Section to equal ninety-five percent (95%) ofthe scheduled payments for the year; or (b) equal the total percentage ofbudget actually spent by the Fire Department and Communication Center for the year, if received in writing from the City no later than December 30, whichever amount is greater. In the event the foregoing payments shall be less than the pro rata share ofthe actual expenditures by the City for the Fire Department and the Communication Center, the Township shall pay to the City an amount necessary to reconcile the actual payment due no later than February 15,2009, for 2008 costs. 14. In the event that the City, based upon actual expenditures, detennines that the funds budgeted for Fire Protection will not be sufficient to provide adequate Fire Protection for the year 2008, the City shall notify the Township in writing no later than thirty (30) days prior to the need of additional funding. The City shall provide to the Township actual year-to-date expenditures compared to budgeted expenditures per budget line item. Both the City and the Township shall review these figures to detennine whether savings are possible within the total budget or whether an additional appropriation for the year is necessary. If an additional appropriation is mutually found to be necessary, the Township shall, iffunds are available, appropriate sufficient funds to pay for its share pursuant to Paragraph 4 above within thirty (30) days . In the event that the Township does not have sufficient funds available in the current year's budget, and the Township is unable to obtain an emergency loan, despite its best efforts, the Township shall include the additional funds needed in the subsequent year's budget and shall promptly pay when funds are then available. The Township shall be entitled to a refund ofits pro rata share ofany unspent additional funds contributed to the City pursuant to Paragraph 14 in the fonn ofa cash refund as set forth in Paragraph 8 above. 15. .In anticipation ofa Contract for Fire Protection between the City and the Township in 2009 and 5 [C:~and Scmngs\t;bu:s\l.oc.al Sdunp\Tcmporuy 1D1ern.d FiJes\Ou:.BJ\lOOS-06-13 2008 Fi.re CoDtrlCt CAl.J..AH.AN dean.doc:8fI512008 2:07 PM] 2008 CONTRACT FOR FIRE PROTECTION to assist the Township in its budgeting process, the City agrees to include the Township in its 2009 budget discussions and send to the Township copies of completed budgets as proposed by the Mayor for the Fire Department and the Communication Center by the later ofJuly 1,2008, or at least seven (7) days before the joint budget meetings, and the final budgets as approved by the Department ofLocal Government Finance by February 28,2009, or within thirty (30) days after receipt of final budget approval. All budget meetings shall take place at a location mutually agreeable to the parties. 16. The parties acknowledge that in consideration ofthe Communication Center providing back-up 911 emergency service for the County, Hamilton County has agreed to pay a portion of the salary of the Communication Center's Director for the year 2008 in the amount of Forty-Five Thousand Dollars ($45,000.00) per year ("County's Salary Supplement"). The City agrees to submit claims to the County for the County's Salary Supplement on or before December 31,2008. The County's Salary Supplement for the year 2008 shall be applied to reduce the total operating expense for the Communications Center under Paragraph 10 of this Contract. 17. The parties agree that all requests for payments and/or adjustments to payments pursuant to this Fire Contract shall be placed upon a form approved by the Indiana State Board of Accounts and certified according to Indiana Statute with respect to the amount contained therein. 18. This Agreement shall be in full force and effect as ofthe 1 sl day ofJanuary 2008, and continue through the 31 sl day of December, 2008, provided, however, that the City shall continue to provide the fire protection services set forth above until the next contract for 2009 is negotiated and ratified between the City and the Township or until the Township has retained alternate fire protection. In the event this Agreement is terminated, all jointly owned fire apparatus and equipment shall be divided between the parties in a mutually agreed upon manner and in proportions equal to the average share ofmonies contributed by each party in the five (5) prior calendar years immediately preceding the year ofcontract termination. In the event that the City has provided Fire Protection in 2009 and a mutually acceptable contract is not reached between the City and the Township for 2009, the Township shall reimburse the City based upon the same formula utilized in this Agreement based upon 2007 (pay 2008) assessed valuation. 6 (C:\Docu:mmts ud ScaiIIgs\eDus\l..oca.l Sen:iJlgs\TmipOfU)' bKcmcc Files'lOl.K.8 1\2008 ·06· lJ 2008 f ltl'!Cootr.ICI CAllAHAN dem..doc:8/15noo& 2:07 PM) --------------- 2008 CONTRACT FOR FIRE PROTECTION IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as ofthe day of ,2008. CITY OF CARMEL, HAMILTON COUNTY, INDIANA By and through its Board ofPublic Works and Safety James Brainard, Presiding Officer Date: _____________________________ Mary Ann Burke, Member Date: ______________ Lori S. Watson, Member Date: ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: _______________ 7 (C"\Docummts md S~\ebUl\l.oc.aJ SdtmP\Tcmpor.-y Inlemel Fik:s\Ol.J{8I'12008-06-lJ 2008 File CootraCl CA.Ll.AHAN clean doc 8/1512008 2:07 PM) 2008 CONTRACT FOR FIRE PROTECTION CLAY TOWNSHIP Hamilton County, Indiana By: Douglas Callahan, Clay Township Trustee Date: ______________ CLAY TOWNSHIP BOARD Mary Eckard, Chainnan Date: ___________ James C. Dillon, Secretary Date: ___________ Paul K. Bolin, Member Date: ___________ 8 [C"\Docummts and SdbDg.1;\t'.ba.U\l...ocal Set:tings\Temporary mlemCl Fllcs'()LJ{g )\200&·06·13 2008 Fuc Contract CAll.A1i.A.N dean doc·&/ 1512008 2 °(J1 PM) AUG-15-2008 14:02 FROM:CLAY TWP HAMLT CO 3178460744 TO: 95712484 P:1/1 2008 CONTRACT FOR HRE PROTECTION ....-., ' CLAY TOWNSHIP Hamilton County, Indiana By: a&~ Date:~v -2L1-Df CLAY TOWNSHIP BOARD 7J?:2u7L~L Mary Eckar~ Chainnan Date: ~"dJ~ -?J£ es C. Dillon, Secretary ~ I;. V'I9~jp Paul K. Bolin, Member Date: __~______~ 8 f('..'\l~~~fIIIV.oo41~h'aJ~T~t.lttdtt PiIttOW0\2Q08...06..1J 2001 FII't~C.\LWW"d",ndac:!6'l1l2OM .;OS.A.Ml '''--' 8 Ol In III C 8 PUBLIC ENTin GENERAL LIABILITY PROTECTION u u COVERAGE SUMMARY This Coverage Summary shows the limits of coverage that apply to your Public Entity General Liability Protection. It also lists those endorsements, if any, that must have certain information shown for them to apply. .. I 8 Limits Of Coverage .... -General total limit $ 2,000,000 0 .. ~ * Products and completed work total IImil $ 2,000,000 (') CD '" CD ~ Personal injury each person limit $ 2,000,000 CD 0 Ol (')... C'l Ol 0 Q, (!J CoJ 0 0 m N .. Advertising In,Uryeach person I mil Each event limll Failure to supply limit. Medical expenses limit. Premises damage limit. Sewer back-up limit. - $ $ $ $ $ $ 2,000,000 2,000,000 1,000,000 0 50,000 1,000,000 Named Endorsement Table r u ~ ~)l.1+1",.r C ----..........-;:~- " TRAVELERS IMPORTANT NOTE: Your agreement may contain an endorsement that reduces certain coverage limits shown below for damages subject to state statutory caps • -. '." Important Note: Only endorsements that must have certain information shown for them to apply are named in this table. The required information follows the name of each such endorsement. Other endorsements may apply, too. If so, they're listed on the Policy Forms List. PSS Indiana Statutory Cap Limits of Coverage Endorsement -Public Entity General Liability -Includes Sexual Abuse Limitation With General Total Sublimit Sexual Abuse Each Person Limit $ 50,000 Sexual Abuse Total Limit $250,000 PSSS D~8cribed Person or Organization Endt -Addl Protected Persons Described Person or Organization NK Rental, LLC With regard to Monan Trail being relocated Described Person or Organization Carmel Clay Schools With regard to Parks Dept Day Camp Described Person or Organization Clay Township Trustees With regards to Fire Protection afforded by the City of Carmel; Operations of Parks Department afford by the City of Carmel; The Co~unication' Center. Name of Insured Policy Number GP0931390a EffectIve Date 01/01/08 CITY OF CARMEL Processing Date 01/18/08 09:15 001 G020a Ed. 10-97 Coverage Summary ~ 1997 The Travelers Companies, Inc. All rights reserved. Page 1 E~#Jdlr "~ ACORDN CERTIFICATE OF LIABILITY INSURANCE OPID BY -uA1lI(1I111DD1YYYY) CARMEBO 08/15/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hy~ant of' Indianapolis, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 501 Congressional Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Carmel IN 46032 Phone: BOO-67B-0361 Fax:3l7-B17-5151 INSURERS AFFORDING COVERAGE NAIC# INSURED City of Carmel Attn: Steve Engelking One Civic S~are INSURfRD:Carmel IN 4 032 INSURER"-St. P.i.ul 1"1re , Molrina In•. CO INSURERB: INSURERC: cJf'ISURER E: --------- THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSueD TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING NffREQUIREMENT, TERM OR CONDITION OF Nff CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. T1iE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGAn:: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. '~n': ~J TYPE! OF INSURANCE! POUCY NUMBER ~~lJMlDDiYYf 1~1MM'ib1i'NYI" UIlITS ~ERALUABIUTY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GP0931390B 01/01/08 01/01/09 PReMISEs 't&~noe) $ 50,000r--:=J CLAIMS MADE [!] OCCUR MEO EXP (Any one person) S 0 r-- PERSONAl &ADV INJURY S 2,000,000r-GENERAL AGGREGATE $ 2,000 000 '- GEN'LAOOREGATE LIMIT APPLIE!S PER: PRODUCTS· COMPIOP AGG $ 2,000 000 I POLICY n ~~gi n LOC AUTOIIOeILE UABlUTY COMBINED SINGLE LIMIT-(Ea lICCIdent) S NffAUTO - AlL OWNED AUTOS BOOII.Y INJURYr-(Per person) $ SCHEOULED AUTOS -HIRED AUTOS BOOILY INJURY-$ NON-OWNED AUTOS (per acddant) '- -PROPERTY DAMAGE $(Per accident) GARAGE LIABILITY AUTO ONLY· EA ACCIDENT , RNffAUTO OTHERntAN EAACC $ AUTO ONLY: AGG $ ~CESS/UMBRELLALIABIUTY EACH OCCURRENCE $ POCCUR o CLAIMS MADE AGGREGATE S $RDEDlICnBlE · $ RETENTION S $ WORKERS COMPENSAnON AND ITO~Y"llMf¥i I IVER EMPLOYERS' UABIUTY E.l. EACH ACCIDENTANY PROPRlETORIPARTNERlEXECunve S OFFICERIMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ M~~Mt~V:~~NS below E.L. DISEASE -POLICY LIMIT S OTHER I DESCRIPl10N 01' OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS Clay Township Trustee is Additional Insured with regard to General Liability I for the Fire Department and Communications Center '--------------- COVERAGES CERTIFICATE HOLDER CANCELLATION Clay Township Trustee 10701 N. College Indianapolis IN 46280 SHOUL.D ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED II!!!'OR! THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. ~DAYS WRITTEN NOTIC! TO THE CERnFICATE HOLDER NAMED TO THE L.EFT, BUT FALURE TO 00 80 SHALL IMPOSE NO OBUGATJON OR LIABILITY OF AtII( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A1ITH~~T ACORD 25 (2001/08) IS) ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) £)t. HIIIIT V ! THE CINCINNATI INSURANCE COMPANY . P.o. BOX 145496, CINCINNAT1, OHIO 45250-5496 (513) 870-2000 CPP 091 68 81 A Stock Insurance Company Prevloua Policy No. COMMON POLICY DECLARATIONS RENEWAL DECLARATIONS POLICY NUMBER cpp 083 28 71 NAMED INSURED CLAY CIVIL TOWNSHIP I RECE1VEDCLAY TOWNSHIP REGIONAL WASTE DISTRICT ADDRESS 10701 NORTH COLLEGE AVENUE M' Q . r. t" "3(Number & Street, INDIANAPOLIS IN 46280 :~~ n ,; ;,,; Town, County, State & Zip No.) FEAniilN INS. Policy Period: AI 12:01 A.M., STANDARD TIMEAT YOUR MAILING ADDRESS SHOWN ABOVE All coverages except Automobile and I or Garage Policy number: CPP 083 28 71 FROM : 01-12-2008 TO: 01-12-2011 Automobile and f or Garage Policy number: FROM: TO: Agency FEARRIN INSURANCE AGENCY 13-784 City CARMEL IN legal Entity I Business Description GOVERNMENTAL ENTITY IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS pOLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. FORMS APPLICABLE TO ALL COVERAGE PARTS: (show numbers) . lAl02 IL0158 IA4238 GAS0 1 02/03 IA904 041'05 IL0186 011'08 IP446 101'01 CASOl 04/04 IA4105IN 04/05 IL0156 071'96 MU37UM 091'05 IA4236 081'01 IA4006 041'04 FMSOI 011'92 NAS08 031'05 MAS24 071'89 011'08 081'06 091'05 SAS PT7 02-27-2008 Countersigned D) By (Authorized Representative)( ate IN WITNESS WHEREOF, this policy has been signed by our President and Secretary in the City of Fairfield, Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative of ours. This provision does not apply In Arizona, Virginia and Wisconsin. ~N.~ r~~' Secretary President AGENT'S COpy IAS01 OS 06 Page 10.2 """'''''''''......~... -~-.- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF LOCATIONS LOC. 1. STREET ADDRESS gn 10701 NORTH COLLEGE AVE INDIANAPOLIS IN 46280 [[ill ZIP CODe 2. 10801 NORTH COLLEGE AVE INDIANAPOLIS IN 46280 3. COLLEGE a 107TH INDIANAPOLIS IN 46280 4. TOWNE RD a 116TH 5T CARMEL IN 46032 IA904 04 04 mECINCINNATI INSURANCE COMPANY COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS f'\ttached to and forming part of POLICY NUMBER: CPP 083 28 71 Effective Date: 01-12-2008 Named Insured: IS THE SAME AS IT APPEARS ON THE COMMON POLICY DECLARATIONS I~ REFER TO IA904 OPTIONAL COVERAGES COVERAGE PROVIDED Applicable only when an entry is made Item Coverage timlis eon-Covered Bustin". Income Indemnity of Loss Causest.nnce I R R A N QEE F P P R E A L L L I A N E T A C CC 0 E L 0 I E M V N M E S A N E N T L Q T 0T U U C E C KA C R 0 D 0 5 5 T (%l . T MonIhIy Maxinwn(xl (xl ExW1ded(xl !.mil Period Period tllCllon) (Daval00 BUILDING 3,180,000 90~ SPECIAL X 1 1-1 . "EQ" 1-1 BUSINESS PERSONAL 424,000 90~ SPECIAL X PROPERTY "EQn 1-2 11,400 X90~IBUILDING ~PECIAL I"EQ" 1-3 26,000 90); SPECIAL XIBUILDING inEQ" 1-4 25,000.BUILDING SPECIAL90~ X inEQ" 2-1 66,144 90% SPECIALBUILDING X :t"EQ" CONTINUED ON FM401 I DEDUCTIBLE: $500.00 unless otherwise stated $ EARTHQUAKE DEDUCTIBLE 5% MORTGAGE HOLDER Item: FORMS AND lOR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART FM401 08.194 FA450 11.104 FM101 04.104 FA4042 04.104 FA499IN 04.104 FA237 04.106 FA240 04.104 FA244 04.104 FA4024 04.104 FA4052 04.106 FA216 04.104 FM 5010806 THE CINCINNATI INSURANCE COMPANY COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS Attached to and forming part of POLICY NUMBER cpp 013 28 71 Effective Date: 01-12-2Q08 Named Insured: IS THE SAM! AS IT APPEARS ON THE COMMON POLICY DECLARATIONS COVERAGE PROVIDED OP~~ALCOYERAGES . when an entry ismade Item Coverage Umits Coin-Covered Business Income SU1II1C8 Cause Indemnitv afla8S I A R I A N E E N Q F Q P P C " L U L C L L E AA AO A E T " C S C S D I D E T E T a II M a y N E E C A N N K L T T U M~ Maxtnum ExttncMdE C limit Ptriod Poriod 0 (helen) (Xl (Dayl) S (%1 (Xl TOO no 2-1 ~USINESS PERSONAL 21,200 90); SPECIAL X PROPERTY "EQ" 2-1 EXTRA EXPENSE 25,000 SPECIAL 40-80"100); ~-1 BUILDING 18,250 ' 90); SPECIAL X "EQ" ~-2 IBUILDING 1,382 90t SPECIAL X "EQ" 4=-1 BUILDING 6,837· 90); SPECIAL X "EQ" 4-2 BUILDING 603 90t SPECIAL X "EQ" FM 4010894 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -STATE OR POLITICAL SUBDIVISIONS -PERMITS RELATING TO PREMISES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LlABIUTY COVERAGE PART SECTION II -WHO IS AN INSURED Is amended damage" or ·personal and advertising inl·ury" aris to include as an insured any state or political subIng oul of the sole negligence or willful m sconduct division shown In the Schedule, subject to the fololthe additional insurea or its "employees". lowing additional provision. SECTION IV -COMMERCIAL GENERAL ll This insurance applies only with respect to the ABILITY CONDITIONS, 5. Other Insurance is following hazards for whlcli the state or political amended to include: subdivision has issued a permit In connection with Any Insurance provided by this endorsement shall pr~rrises you own} ren~ or control and to which be primary to other insurance available to the ad· thiS Insurance apphes: ditional insured except: 1. The existence, maintenance, repair, construca. As otherwise provided In SECTION IV tion, erection, or remOval of adVertising signs] COMMERCIAL GENERAL LIABILITY CONawnings, canopies, cellar entrances, coa DITIONS, 5. Other Insurance; or holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street b. For any other valid and collectible insurance banners, or decorations and similar expo· available to the additional insured as an addi·sures; or tional insured by attachment of an endorse ment to another insurance policy that is writ2. The construction, erection, or removal of eleten on an excess basis. In such case, thevators; or coverage provided under this endorsement 3. The ownership, maintenance, or use of any shall also be excess. elevators covered by this Insurance. The insurance provided to the additional in· sured(s) does nof apply to "bodily injury", "property SCHEDULE Slat. or Political Subdivision: CITY OF CARMEL CIVIC CENTER 1 CITY SQUARE CARMEL IN 46032 Includes copyrighted material of GA408110 01 Services Office Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Premises: 10701 NORTH COLLEGE AVE INDIANAPOLIS IN 46280 10101 NORTH COLLEGE AVE INDIANAPOLIS IN 46280 COLLEGE • 1D7TH INDIANAPOLIS IN 46280 TOWNE RD • 116TH ST CARMEL IN 46032 Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement.) This insurance applies only to "bodily injury", "property damage", 'personal and advertising injury" and medi cal expenses arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The project shown In the Schedule. CG21440798 Copyright, Insurance Services Office, Inc., 1997 THE CINCINNATI INSURANCE COMPANY A STOCK INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER: cpp 083 28 71 Effective Date: 01-12-2008 Named Insured: IS THE SAME AS IT APPEARS ON THE COMMON POLICY DECLARATIONS UMITS OF INSURANCE EACH OCCURRENCE LIMIT $1.001:l.g0g GENERAL AGGREGATE LIMIT $ 2.0gg.0gg PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 2. goo. goo PERSONAL & ADVERTISING INJURY LIMIT $ 1.00g.Ugg ANY ONE PERSON OR ORGANIZATION DAMAGE TO PREMISES RENTED TO YOU LIMIT ANYONE $100,000 limit unless otherwise indicated herein : $ BEEEB Ia IiA21'l PREMISES MEDICAL EXPENSE LIMIT $5,000 limit unless otherwise indicated herein: $ BEEEB Ia IiA21Q ANYONEPERSON CLASSIFICATION C.9~DE NO. PREMIUM BASE A -Area 8 -Payroll C -Gross Sales D-Units E -Other RATE ADVANCE PREMIUM Products I Completed Operations AlfOfI1er Products I Completed Operations All Ull'ler WATER RETENTION BASININCL PROD AND/OR COMP OP 20400 E 1 EACH 16.166 ~~ILDINGS DR PREMISESINCL PROD AND/OR COMP OP 61216 ~n6100 28.07528.075 I!:x EXCEPTIONS TOPOLLUTANT EXCLUSION 20410 ~ROAD£NED COVERAGE HIRED AND NON-OWNED AUTO 20291 I I I I I i i The General Liability Coverage Part Is subject to an annual minimum premium. TOTAL ANNUAL PREMIUM $ I FORMS AND I OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART: GA10l 12/04 GA207 12/04 GA4142 10/01 GA210 02/07 GAlOl 10/01 GA4081 10/01 GA4240 01/06 GA42S0 11/05 CG0123 03/97 CG21l6 07/98 CG2144 07/98 CG2244 07/98 GA478 12/04 GA 501 1001 \\F~ E d THE POUCII!S ot= WSURANCE LIST'!O Ifl.OW H.WE BEEN ISSUED TO Tl1I! INSURED NAJIIEOABOV!. FOR. THE POUCY PERIOD tIOICATEO. NOTWrTl15TAN)It.IG IH( REQUIREMENT, TERM OR. CXlH)rTION Of AHYc::oH'TRACT DR OllER DOCUIrroEHT WITH RESPECT TO WHICH ntIS CERnFlCATE MAYBE ISSUED OR MAY PERTAIN, nE INSURAHCE AFFORDED IY ntE POUaES oesCRlIeD HEREIN IS SUaJECT TO Al..l. THE TERMS, EXCL..USIONS AHO CONDfTIONS Of SUCH POlIOE!. AGOREG.A.TE U""" SHOWN MAY HA.VE IEEN REDUCED BY PAlO ClAIfoI8. .... I"'D"I. Pot.lCY ff"FlC1"l\I'E POLICY EXPIRATlONLTII iNORD TYPE or INIUItAHCE ~ICYHUMBER DATI!IMMIDDIY'Y) DAnl1llMlDDlYY) LMn GeHERALUABI...ITY EACH OCCURRENCE ,1,000,000-DAMAGE TO REHTED A X X C06&M!:RQAl GENERAl UA8lUT'Y CPP0832871 01/12/08 01/12/11 PftEWIS!S Ie.~, '500,00-tJ~MADE [!] OCCUR WED EXP ""'" ON!,.,..,., ,10,000- P£.RSOHAl. , ADV IHJLRY , 1,000,000 - GENERAL AGGREGATE , 2,000,000I- GEm ADGR.EGATE t.MT APPllE8 PER: PROOUCTS • coWPJOP AGG ,2,000,000n POLK:Y n~ nLoe A1lf"OIIK*LI UUl..lYY COMI!IUoEO SINGlE uwrrf-,_AUTO ce.·c:cIdMCl t- AU. OWNEOAlITOS BootLYIN.AJRVt-, flCttEOULED ALITOS (p_~tSOft,! f- liltED AUTOS BODk.YlfUJRVf-, HOH.QWNED AUTOS (p_Kddwrt! - -PROPERTY~ (P_KCidIt'ltJ • GAllA... UAIIIUTY AlITO ON.y. EA ACCIDENT • =l_AUTO cm<ERllW< EA>e:; • AlITOOIrI..Y: """ • DCUIN-..tn.l...A UMIlJT"Y EACJ.I OCCURRENCE • ~occ~ o ClAIMSWDE AOGAEOATE • •R= • • • WORKl!U COMPEHlAnoN AND I, WCSTA1\J-. TORYIAOlS 1 I": EM ..... OYERI· UAIIUTY E.L ~ACClOEHT I AN'( PROI'ftI!T()MIARTHERl'EXE:CUTM. OFFJC.ER,t,EMlER EXCLOOED7 1!....L. 000000000 · EAE......0"t'U • .y.,~Iot"_ SP!CIAL PROVISIONS l*ow I!....L. otS£ASI!. POlJCY LMT I 0"'"" D!SCItf..-noN 0# OPl!AAnoHlI LOCATION. IV!HICL.!.II DCLUI.oNl ADD!D IV EHDOAII!MEHT I ap!CIAL PROYIIIONI It is agreed and understood that the City o~ Carmel is listed as an additional insured on Fire Station '45. ...... --- ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP IDTM l OAT! PllMlDDtYlY'tl CLAYC-2 08/15/08 - ..ttODUCI!!A Fearrin Insurance Agency 110 N. Rangeline Road P.o. Box 126 Carmel IN 46082 Phone: 317-846-4275 Fax: 317-848-4246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICtI INSUltED Clay Civil Township , Clay Township Regional Waste Distr. 10701 North COlle~e Avenue Indianapolis IN 4 280 INSVRERA:. Cincinnati Insurance Co . 10677 ...auRfR8: INSUAERC: INSURERD: INSURERE: COVERAGES CERTIFICATE HOLDER CANCELLATION CITYO-1 CITY OF CARMEL CIVIC CENTER, 1 CITY SQUARE CARMEL IN 46032 SHOULD AN'( OF THE ABOVI DllC_ED POUCIO II! CANC2l.llD lEFOR! THI! EJOIIAA"TKIN DAn TH!UOF, THE IsaUINO INSl.iRE1t wu. !HDlAYOA TO MAa. NOTlCE TO THE CfRT1f1CAn HOLDER Num TO THE un. lIlT 'AllUAE TO DO 10 'HAU rIPOn. NO OIIUOAllON OR UABIUT'Y Of AN'( KIND UPON THI1N8Ut!]t. rT1 AOI!NT1 OR MPRES£HTATlYES, 30 DAYlWIUT"T"fM A~RUENTATM ~. I <.< ~Q"~ \'v...~ " l .t) "-.J ACORD 25 (2001/08) © ACORD CORPORATION 1988 DATE: 07/05/0'" CITY OF CAPlVIe:L MODULE NOM: SUMREPT4 Tl;:~E: 11: 50 : GENERIC EXPENDITURE ~IL REPORT \L '" FUND -101 -GENERAL FUND SUB-DEPARTMENT -1120 -FIRE DEPARTMENT £}('H/~/I It 2 SELECTION CRITERIA: bexp1edgr.key_orgn='1120'SORTED BY: FUND,SUB-DEPARTMENT, 1ST SUBTOTAL,2ND SUBTOTAL 2006 2006 2007 2007 % 2008 BUDGET ACCOUNT -------TITLE------ACTUAL BUDGET ACTUAL BUDGET SPENT DEPARTMENTAL DIFF 4110000 FULL TIME REGULAR o 9,208,898 4,954,099 9,874,380 50.171 10,382,440 508,060 4111000 PART-TIME o 32,277 18,026 30,000 60.087 30,000 o 4112000 4112002 OVERTIME UNSCHEDULED OVERTIME o o 392,553 799,482 189,694 197,264 724,416 o 26.186 0.000 751,426 o 27,010 o 4112003 SHEDULED OVERTIME o o o o 0.000 o o 4112004 CIVILIAN OVERTIME o o o o 0.000 o o TOTAL SALARIES & WAGES o 10,433,210 5,359,083 10,628,796 50.420 11,163,866 535,070 4120000 4121000 4122000 4122100 DEFERRED COMPENSATION CITY'S SHARE OF FICA CITY'S SHARE OF H-INS DISABILITY INSURANCE o o o o 327,187 629,634 1,501,398 1,031 191,115 318,458 940,680 580 325,000 815,133 1,535,735 1,350 58.805 39.068 61. 253 42.942 357,500 857,113 1,938,866 2,053 32,500 41,980 403,131 703 4122200 4123001 LIFE INSURANCE UNIFORMED PERF CONTRIBUTI o o 11,594 1,612,401 5,809 844,509 13,430 1,749,092 43.257 48.283 14,445 1,816,793 1,015 67,701 4123002 CIVILIAN PERF o 27,755 15,911 31,811 50.019 38,451 6,640 4124000 CITY'S SHARE OF MEDICARE o 147,254 74,454 o 0.000 o o 4126000 4127000 4128000 RETIREMENT-FULL TIME RETIREE HEALTH INSURANCE TUITION REIMBURSEMENT o o o 123,000 234,674 o o o 13,136 123,000 232,317 15,000 0.000 0.000 87.572 105,000 226,751 25,000 -18,000 -5,566 10,000 TOTAL EMPLOYEE BENEFITS o 4,615,927 2,404,653 4,841,868 49.664 5,381,972 540,104 TOTAL PERSONAL SERVICES o 15,049,137 7,763,736 15,470,664 50.184 16,545,838 1075174 4230100 STATIONARY & PRNTD 4230200 OFFICE SUPPLIES TOTAL OFFICE SUPPLIES MATERL o o o 3,000 6,062 9,062 1,219 4,279 5,~98 3,550 10,000 13,550 34.350 42.789 40.576 3,550 10,000 13,550 o o o 4231100 BOTTLED GAS 4231300 DIESEL FUEL 4231400 GASOLINE 4231500 OIL 4232000 TIRES & TUBES 4232100 GARAGE & MOTOR SUPPlES TOTAL OPERATING SUPPLIES o o o o o o o 5,600 51,806 34,418 332 o 911 93,067 1,575 23,629 16,085 o o 774 42,063 9,450 45,000 32,000 500 100 1,000 88,050 16.669 52.508 50.266 0.000 0.000 77.355 47.772 9,450 58,735 38,250 500 100 1,000 108,035 o 13,735 6,250 o o o 19,985 4235000 BUILDING MATERIAL 4236300 BITUMINOUS MATERIALS 4236400 PAINT 4236500 SALT & CALCIUM 4237000 REPAIR PARTS 4238000 SMALL TOOLS & MINOR EQUIP 4238900 OTHER MAINT SUPPLIES TOTAL MAINTENANCE SUPPLIES o o o o o o o o 2,302 o 179 1,110 38,372 456 7,365 49,784 2,584 o 135 464 24,640 268 6,515 34,606 5,000 o 600 2,000 39,000 2,200 12,366 61,166 51. 676 0.000 22.500 23.203 63.181 12.179 52.684 56.577 5,000 o 600 2,000 39,000 2,200 12,366 61,166 o o o o o o o o % +OR 5.145 0.000 3.729 0.0130 0.000 0.000 5.034 10.000 5.150 26.250 52.074 7.558 3.871 20.873 0.000 -14.634 -2.396 66.667 11.155 6.950 0.000 0.000 0.000 0.000 30.522 19.531 0.000 0.000 0.000 22.697 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 2 SUNGARD PENTJI""TION, INC. -BUDGET ANALYST PAGE NUMBER: OgrE: 07/05/ CITY OF C: L MODULE NUM: ~ '<.:PT4 TIME: 11:50: GENERIC EXPENDITURE AIL REPORT FUND -101 -GENERAL FUND SUB-DEPARTMENT -1120 -FIRE DEPARTMENT SELECTION CRITERIA: bexpledgr.key_orgn=' 1120 'SORTED BY: FUND,SUB-DEPARTMENT,lST SUBTOTAL,2ND SUBTOTAL ACCOUNT -------TITLE------ 4239001 LINENS & BLANKETS 4239002 REFERENCE MANUALS 4239010 AMMUNITIONS & ACCESSORIES 4239011 SPECIAL DEPT SUPPLIES 4239012 SAFETY SUPPLIES 4239013 ELECTRONICS 4239020 FIRE PREVENTION SUPPLIES 4239099 OTHER MISCELLANOUS TOTAL MISCELLANEOUS SUPPLIES TOTAL SUPPLIES 4340000 LEGAL FEES 4340400 CONSULTING FEES 4340701 MEDICAL EXAM FEES 4340702 SHOTS & INOCULATIONS 4340703 MENTAL HEALTH COUNSELING 4340799 OTHER MEDICAL FEES 4341901 FILM DEVELOPMENT 4341903 SOFTWARE SUPPORT FEES 4341910 PROMOTIONAL TESTING FEES 4341954 INTERPRETER FEES 4341999 OTHER PROFESSIONAL FEES TOTAL PROFESSIONAL SERVICES 4342100 POSTAGE 4343001 TRAVEL FEES & EXPENSES 4343002 EXTERNAL TRAINING TRAVEL 4343003 TRAVEL & LODGING 4343004 TRAVEL PER DIEMS 4344000 TELEPHONE LINE CHARGES 4344100 CELLULAR PHONE FEES 4344500 FAX LINE CHARGES TOTAL COMMUNICATION & TRANSP 4345001 INTERNAL MATERIALS 4345002 PROMOTIONAL PRINTING 4346000 CLASSIFIED ADVERTISING TOTAL PRINTING & ADVERTISING 4347000 WORKMEN'S COMPENSATION 4347500 GENERAL INSURANCE TOTAL INSURANCE 2006 ACTUAL o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 2006 BUDGET 1,278 56 1,111 o 793 o 11,004 4,950 19,192 171,105 3,732 49,243 86,790 2,188 3,200 o 80 o o o o 145,233 4,246 o 6,583 390 205 28,950 31,304 o 71,678 636 1,817 o 2,453 147,718 78,129 225,847 2007 2007 % 2008 BUDGET % ACTUAL BUDGET SPENT DEPARTMENTAL DIFF +OR o 3,600 0.000 3,600 o 0.000 380 500 75.930 500 o 0.000 o 1,500 0.000 1,500 o 0.000 436 2,000 21.815 2,000 o 0.000 98 2,245 4.353 2,245 o 0.000 o 600 0.000 600 o 0.000 8,023 12,500 64.185 12,500 o 0.000 4,136 8,450 48.948 8,450 o 0.000 13,073 31,395 41.640 31,395 o 0.000 95,240 194,161 49.052 214,146 19985 10.293 o o 0.000 o o 0.000 1,705 2,000 85.269 2,000 o 0.000 81,077 95,000 85.344 95,000 o 0.000 35 1,980 1.768 1,980 o 0.000 o 3,000 0.000 3,000 o 0.000 o 500 0.000 500 o 0.000 o 500 0.000 500 o 0.000 o 2,000 0.000 2,000 o 0.000 o 32,500 0.000 32,500 o 0.000 o o 0.000 o o 0.000 o 5,500 0.000 5,500 o 0.000 82,817 142,980 57.922 142,980 o 0.000 3,339 6,000 55.648 6,000 o 0.000 o o 0.000 o o 0.000 6,262 20,060 31.217 20,060 o 0.000 107 2,000 5.342 2,000 o 0.000 o 850 0.000 850 o 0.000 15,689 34,750 45.149 34,750 o 0.000 14,800 36,000 41.111 36,000 o 0.000 o o 0.000 o o 0.000 40,197 99,660 40.334 99,660 o 0.000 1,022 2,900 35.257 2,900 o 0.000 o 2,000 0.000 2,000 o 0.000 o 3,000 0.000 3,000 o 0.000 1,022 7,900 12.937 7,900 o 0.000 132,708 166,000 79.945 166,000 o 0.000 70,478 88,500 79.636 88,500 o 0.000 203,186 254,500 79.837 254,500 o 0.000 SUNGARD PENTP" "'{'ION , DA'fE: 07/05/ TIME: 11:50 : ·. INC. -BUDGET ANALYST GENERIC CITY OF CJ EXPENDITURE "J AIL REPORT PAGE NUMBER: MODULE NUM: s· 3 ,PT4 FUND -101 -GENERAL FUND SUB-DEPARTMENT -1120 -FIRE DEPARTMENT SELECTION CRITERIA : bexp1edgr.key_orgn=' 1120 'SORTED BY: FUND,SUB-DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL 2006 2006 2007 2007 % 2008 BUDGET % ACCOUNT ------TITLE------ACTUAL BUDGET ACTUAL BUDGET SPENT DEPARTMENTAL DIFF +OR 4348000 ELECTRICITY o 73,542 31,654 74,000 42.775 74,000 o 0.000 4348500 WATER & SEWER o 10,888 3,690 16,200 22.776 16,200 o 0.000 4349000 GAS o 39,000 26,194 51,500 50.862 51 , 500 o 0.000 TOTAL UTILITIES o 123,430 61,537 141,700 43.428 141,700 o 0 . 000 4350000 EQUIPMENT REPAIRS & MAINT o 1,345 1,601 4,500 35.575 4,000 -500 -11.111 4350070 COMPUTER REPAIRS/MAINT o 1,165 95 1,500 6.331 1,500 o 0.000 4350100 4350101 4350400 4350500 BUILDING REPAIRS & MAINT TRASH COLLECTION GROUNDS MAINTENANCE RADIO MAINTENANCE o o o o 68,233 5,102 5,570 4,000 55,057 2,939 2,149 1,677 106,285 4,800 5,750 5 , 000 51.802 61. 220 37.372 33.542 143,600 4,800 5,750 5,000 37,315 o o o 35.108 0.000 0 . 000 0 . 000 4350600 CLEANING SERVICES o 8,550 2,504 26,250 9.540 26,250 o 0.000 4350900 OTHER CONT SERVICES o 68,605 34,823 75,455 46.151 75,455 o 0 . 000 4351000 4351501 AUTO REPAIR & MAINTENANCE EQUIPMENT MAINT CONTRACTS o o 154,500 25,200 110,502 22,602 125,000 27,675 88.401 81. 669 190,530 27,675 65 , 530 o 52.424 0 . 000 4351502 SOFTWARE MAINT CONTRACTS TOTAL REPAIRS & MAINTENANCE o o 20,131 362 , 401 8,969 242,918 21,816 404,031 41.112 60 . 124 16,700 501,260 -5,116 97,229 -23.451 24 . 065 4352500 BLDG MORTGAGE-CIVIC SQ o 7,123 7,123 8,000 89.040 8 , 000 o 0.000 4353003 POSTAGE METER o 573 417 700 59 . 531 700 o 0.000 4353099 OTHER RENTAL & LEASES TOTAL RENTALS & LEASES o o 11,260 18,956 1.313 8,853 3.680 12,380 35.674 71.511 .3,680 12,380 o o 0 . 000 0 . 000 4355200 SUBSCRIPTIONS 4355300 ORGANIZATION & MEMBER DUE 4356001 UNIFORMS 4356002 UNIFORM ACCESSORIES 4356003 SAFETY ACCESSORIES 4357001 INTERNAL TRAINING FEES 4357002 EXTERNAL TRAINING FEES 4357003 INTERNAL INSTRUCT FEES 4357004 EXTERNAL INSTRUCT FEES 4358300 OTHER FEES & LICENSES 4359000 SPECIAL PROJECTS TOTAL OTHER SERVICES & CHARG o o o o o o o o o o o o 3,705 1,875 53,450 689 108 , 212 5,952 o 44,600 34,245 65 2,550 255,343 2,736 830 32,378 1,002 12,157 4,276 o 23,132 2,585 29 590 79,715 4,505 2,595 75,450 3,000 141,262 12,000 o 32,500 17,942 100 5,000 294,354 60 . 733 31 . 985 42.913 33.390 8.606 35.633 0.000 71.175 14.408 29 . 000 11 . 800 27.081 4,505 2,595 75,450 3,000 141,262 12,000 o 32,500 17,942 100 5,000 294,354 o o o o o o o o o o o o 0.000 0.000 0 . 000 0 . 000 0.000 0.000 0.000 0.000 0.000 0 . 000 0 . 000 0.000 TOTAL OTHER SERVICES & CHARG o 1,205,341 720,246 1,357,505 53 . 057 1,454,734 97229 7 . 162 4463000 4463100 4463200 4463201 4463202 4463203 4463204 FURNITURE & FIXTURES COMMUNICATION EQUIPMENT COMPUTER EQUIPMENT HARDWARE SOFTWARE INTERNET HARDWARE MOBILE DATA COMPUTER/CPD o o o o o o o o o o o o o o o o o o o o o o o o o o o o 0.000 0 . 000 0.000 0.000 0.000 0.000 0.000 o o o o o o o o o o o o o o 0.000 0.000 0.000 0.000 0.000 0.000 0 . 000 4 SUNGARD PENTJI'---rION, INC . -BUDGET ANALYST PAGE NUMBER: D1\1'E : 07/05/ CITy OF Cl MODULE NUM: S' ~PT4TIME : 11:50 :,> GENERIC EXPENDITURE AIL REPORT FUND -101 -GENERAL FUND SUB-DEPARTMENT -1120 -FIRE DEPARTMENT SELECTION CRITERIA : bexpledgr.key_orgn=' 1120'SORTED BY: FUND, SUB-DEPARTMENT, 1ST SUBTOTAL,2ND SUBTOTAL 2006 2006 2007 2007 % 2008 BUDGET % ACCOUNT -------TITLE------ACTUAL BUDGET ACTUAL BUDGET SPENT DEPARTMENTAL DIFF +OR 4463300 APPLIANCES 0 0 0 0 0.000 0 0 0.000 4463500 GROUNDS MAINT EQUIPMENT 0 0 0 0 0.000 0 0 0.000 4464000 OFFICE EQUIPMENT 0 0 0 0 0.000 0 0 0.000 4467002 WATER RESCUE EQUIPMENT 0 0 0 0 0.000 0 0 0.000 4467003 FIREARMS 0 0 0 0 0.000 0 0 0.000 4467004 HAZARDOUS MATERIALS 0 0 0 0 0.000 0 0 0.000 4467005 CONFINED SPACE RESCUE 0 0 0 0 0 . 000 0 0 0.000 4467006 EMS EQUIP 0 0 0 0 0 . 000 0 0 0.000 4467007 TRAINING EQUIPMENT 0 0 0 0 0.000 0 0 0.000 4467099 OTHER EQUIPMENT 0 0 0 0 0.000 0 0 0.000 4469000 LIBRARY REF MATERIALS 0 0 0 0 0.000 0 0 0 . 000 TOTAL EQUIPMENT 0 0 0 0 0.000 0 0 0 . 000 TOTAL CAPITAL OUTLAy 0 0 0 0 0.000 0 0 0.000 TOTAL FIRE DEPARTMENT 0 16,425,583 8,579,222 17,022,330 50.400 18,214,718 1,192,388 7.005 TOTAL GENERAL FUND 0 16,425,583 8,579,222 17,022,330 50.400 18,214,718 1,192,388 7.005 TOTAL REPORT 0 16,425,583 8,579,222 17,022,330 50.400 18,214,718 1,192,388 7.005 1120 -Fire Department -GENERAL FUND Line Number 100-00 200-00 220-00 230-02 280-00 313-00 314-00 501-00 510-00 Line Name Full Time Regular Deferred Compensation Health Insurance Civilian PERF Tuition Reimbursement Diesel Fuel Gasoline Building Repairs & Maint Auto Repair & Maint Amount $10,382,440.00 $357,500.00 $1 ,938,866.00 $38,451.00 $25,000.00 $ 58,735.00 $ 38,250.00 $143,600.00 $190,530.00 increase $508,060.00 $32,500.00 $403,131.00 $6,640.00 $10,000.00 $13,735.00 $ 6,250.00 $37,315.00 $65,530.00 Description of chane:e Specialty pay, 26 personnel @ grade 5 or below, civilian from part-time to full-time. Based on percentage increase in contribution for employee longevity; 2007 budget 58.8% spent. Increase in cost; 2007 budget 61.25% spent. Civilian from part-time to full-time. 2007 budget 87.57% spent. Due to increase in fuel cost and run load. Due to increase in fuel cost and run load. Station #43 generator & roof. 2007 budget 88.4% spent. DA1'B; \'7/02/07 Cl TY Ut'· <;AKMI:....... TIME: 10:33:35 2008 COMMUNICATIONS CENTER BUDGET c:-,," FUND -101 -Gf:.):.-r.oRAL FUND SUB-DE fMENT -1115 -COMMUNICATIONS CENTER ~)tN/Sir 132- SELECTION CRITERIA: bexpledgr.key_orgn='1115 'SORTED BY: FUND,SUB-DEPARTMENT,IST SUBTOTAL,2ND SUBTOTAL ACCOUNT -------TITLE------ 2006 ACTUAL 2006 BUDGET 2007 ACTUAL 2007 BUDGET % SPENT 2008 DEPARTMENTAL BUDGET DIFF 'I! ·,·01{ 4110000 FULL TIME REGULAR 4111000 PART-TIME 4112000 OVERTIME TOTAL SALARIES & WAGES 1,040,914 9,464 159,268 1,209,646 1,102,500 10,900 159,300 1,272,700 611,227 2,975 102,619 716,820 1,107,000 15,000 146,000 1,268,000 55.215 19.830 70.287 56.532 1,352,000 20,000 199,000 1,571,000 245,000 5,000 53,000 303,000 22.1J/. 33.333 36.301 23.896 4120000 DEFERRED COMPENSATION 4121000 CITY'S SHARE OF FICA 4122000 CITY'S SHARE OF H-INS 4122100 DISABILITY INSURANCE 4122200 LIFE INSURANCE CONTRIBUTI 4123002 CIVILIAN PERF 4124000 CITY'S SHARE OF MEDICARE 4127000 RETIREE HEALTH INSURANCE 4128000 TUITION REIMBURSEMENT TOTAL EMPLOYEE BENEFITS 18,099 73,481 138,010 3,410 1,711 105,137 17,185 1,822 o 358,855 18,100 73,500 156,800 4,300 2,000 105,200 17,200 2,000 o 379,100 9,707 43,168 91,801 2,034 925 67,795 10,085 o o 225,515 19,000 84,000 189,000 4,800 2,000 127,000 20,000 2,200 o 448,000 51.092 51.391 48.572 42.368 46.253 53.382 50.427 0.000 0.000 50.338 19,000 104,500 249,000 6,000 2,500 167,000 25,000 2,500 4,000 579,500 o 20,500 60,000 1,200 500 40,000 5,000 300 4,000 131,500 0.000 24.405 31.746 25.000 2S.000 ::11 . 496 25.000 13.636 0.000 29.353 TOTAL PERSONAL SERVICES 1,568,500 1,651,800 942,336 1,716,000 54.915 2,150,500 434500 /.5.321 4230000 OFFICIAL FORMS 4230100 STATIONARY & PRNTD MATERL 4230200 OFFICE SUPPLIES TOTAL OFFICE SUPPLIES 159 140 4,671 4,969 300 140 4,860 5,300 255 158 3,785 4,198 300 500 4,500 5,300 85.000 31.520 84.116 79.208 300 500 4,500 5,300 o o o o 0 . 000 0.000 0.000 0.000 4231100 BOTTLED GAS 4231300 DIESEL FUEL 4231400 GASOLINE 4231500 OIL 4232000 TIRES & TUBES 4232100 GARAGE & MOTOR SUPPlES TOTAL OPERATING SUPPLIES o 342 4,076 24 o 498 4,940 o 600 4,700 300 500 500 6,600 o o 2,001 142 o 69 2,211 o 700 3,500 300 500 500 5,500 0.000 0.000 57.157 47 . 467 0.000 13 .700 40.200 o 700 3,500 300 500 500 5,500 o o o o o o o 0.000 0.000 0.000 0.000 0.000 0.000 0 . 000 4237000 REPAIR PARTS 4238000 SMALL TOOLS & MINOR EQUIP 4238900 OTHER MAINT SUPPLIES TOTAL MAINTENANCE SUPPLIES 12,195 1,369 700 14,264 15,300 1,500 700 17,500 9,962 603 121 10,686 17,500 1,500 700 19,700 56.926 40.179 17.353 54.244 17,500 1,500 700 19,700 o o o o 0.000 0.000 0.000 0.000 4239002 REFERENCE MANUALS 4239012 SAFETY SUPPLIES 4239013 ELECTRONICS 4239099 OTHER MISCELLANOUS TOTAL MISCELLANEOUS SUPPLIES 80 353 700 2,734 3,866 1,200 400 700 3,500 5,800 67 148 460 1,011 1,687 1,200 300 700 2,500 4,700 5.583 49.417 65.783 40.455 35.894 1,200 300 700 2,500 4,700 o o o o o 0.000 0.000 0.000 0.000 0.000 TOTAL SUPPLIES 28,039 35,200 18,783 35,200 53.361 35,200 o 0.000 2 PAGE NUMBER:SUNGARD PENTAMA~ ~N, INC. -BUDGET ANALYST MODULE NUM: fJlJMHEPT1CITY OF CARMFDATE: 07/02/07 2008 COMMUNICATIONS CEI . BUDGETTIME: 10:33:35 SUB-DEPARTMENT -1115 -COMMUNICATIONS CENTERFUND -101 -GENERAL FUND SELECTION CRITERIA: bexp1edgr.key_orgn=' 1115'SORTED BY: FUND,SUB-DEPARTMENT,lST SUBTOTAL,2ND SUBTOTAL ACCOUNT -------TITLE----- 2006 ACTUAL 2006 BUDGET 2007 ACTUAL 2007 BUDGET % SPENT 2008 DEPARTMENTAL BUDGET DIFF % +OR ·· 4340400 CONSULTING FEES 4340701 MEDICAL EXAM FEES 4341903 SOFTWARE SUPPORT FEES 4341999 OTHER PROFESSIONAL FEES TOTAL PROFESSIONAL SERVICES o o o 1,743 1,743 2,500 300 o 2,000 4,800 2,500 o o 1,149 3,649 2,500 300 o 2,000 4,800 100.000 0.000 0.000 57.445 76.021 2,500 300 o 2,000 4,800 o o o o o 0.000 0.000 0.000 0.000 0 . 000 4342100 POSTAGE 4343002 EXTERNAL TRAINING TRAVEL 4343004 TRAVEL PER DIEMS 4344000 TELEPHONE LINE CHARGES 4344100 CELLULAR PHONE FEES 4344200 INTERNET LINE CHARGES TOTAL COMMUNICATION & TRANSP 847 6,031 715 12,079 6,128 5,816 31,616 1,000 6,345 2,000 25,300 6,200 14,000 54,845 73 4,666 3,385 8,305 4,145 2,372 22,946 1,000 5,000 4,000 25,000 7,500 10,100 52,600 7 . 339 93.322 84.614 33.219 55.272 23.482 43.624 1,000 5,000 2,000 29,500 2,500 14,000 54,000 o o -2,000 4,500 -5,000 3,900 1,400 0.000 0.000 -50.000 IU.OOO -66.66'/ 3U.6l'1 2.662 4345001 INTERNAL MATERIALS 4346000 CLASSIFIED ADVERTISING TOTAL PRINTING & ADVERTISING o o o 300 600 900 o o o 300 600 900 0.000 0 . 000 0.000 300 600 900 o o o 0.000 0.000 D.OOO 4347000 WORKMEN'S COMPE:NSATION 4347500 GENERAL INSURANCE TOTAL INSURANCE 1,787 755 2,542 1,790 5,110 6,900 1,945 3,373 5,318 1,945 16,955 18,900 100 . 000 19.894 28.138 2,300 1",200 19,500 355 ~45 600 11l.2SL 1.410, 3.J·/ri 4348000 ELECTRICITY 4348500 WATER & SEWER 4349000 GAS TOTAL UTILITIES 13,549 o 37 13,586 14,000 o 1,000 15,000 5,996 o o 5,996 10,000 1,500 3,000 14,500 59 . 963 0.000 0.000 41.352 10,000 1,500 3,000 14,500 o o o o (J.OOO 0.000 0.000 (J.OOO 4350000 EQUIPMENT REPAIRS & MAINT 4350100 BUILDING REPAIRS & MAINT 4350101 TRASH COLLECTION 4350500 RADIO MAINTENANCE 4350600 CLEANING SERVICES 4350900 OTHER CONT SERVICES 4351000 AUTO REPAIR & MAINTENANCE 4351100 CAR . CLEANING 4351501 EQUIPMENT MAINT CONTRACTS 4351502 SOFTWARE MAINT CONTRACTS TOTAL REPAIRS & MAINTENANCE 19,271 15,503 897 11,604 7,879 8,713 o 248 17,678 26,890 108,.683 22,850 16,800 1,000 16,000 8,800 12,500 o 250 22,500 27,000 127,700 13,658 2,939 531 7,880 3,111 10,652 o o 58,051 o 96,821 19,900 22,500 1,000 19,880 8,800 18,000 o 100 79,670 4,330 174,180 68 . 632 13.062 53.106 39.638 35.350 59.177 0.000 0.000 72.864 0.000 55.587 18,000 25,000 1,000 20,000 8,BOO 18,000 o 100 57,000 27,000 174,900 -1,900 2,500 o 120 o o o o -22,670 22,670 720 .. ~. 5111 11.111 0.000 0.60'1 0.000 0.000 0.000 0.000 ·20.455 523 .55'/ 0.113 4352600 AUTOMOBILE LEASE 4352700 RIGHT-OF-WAY LEASE 4353099 OTHER RENTAL & LEASES TOTAL RENTALS & LEASES o o 76,641 76,641 15,000 o 76,700 9.1,700 o o 38,671 38,671 15,000 3,000 76,000 94,000 0.000 0.000 50.883 41.139 15,000 3,000 76,000 94,000 o o o o 0.000 0.000 0.000 0.000 3UNGARD PENTAMA"'·--'N, )ATE: 07/02/07 rIMF.·: 10:33:35 INC. -BUDGET ANALYST 2008 CITY OF CARMF COMMUNICATIONS CEI BUDGET PAGE NUMBER: 3 MODU[,E NUM: SIJMREPT4 PUND -·101 -GENERAL FUND SUB-DEPARTMENT -Ill5 -COMMUNICATIONS CENTER 3ELECTION CRITERIA: bexp1edgr.key_orgn='1115'SORTED BY: FUND,SUB-DEPARTMENT,lST SUBTOTAL,2ND SUBTOTAL 2006 2006 2007 2007 % 2008 BUDGET % II.CCOUNT -------TITLE---.---ACTUAL BUDGET ACTUAL BUDGET SPENT DEPARTMENTAL DIFF IOH - 4355100 PROMOTIONAL FUNDS 515 1,000 245 1,000 24.503 1,000 o 0.000 4355200 SUBSCRIPTIONS 176 200 156 200 78.000 200 o 0.000 4355300 ORGANIZATION & MEMBER DUE 865 870 366 600 61.000 GOO o 0.000 4355500 4356002 USER FEES UNIFORM ACCESSORIES 13,378 o 13,400 o 9,910 o 15,900 o 62.328 0.000 15,900 o o o 0.000 0 . 000 4357001 INTERNAL TRAINING FEES 1,213 2,730 597 2,700 22 . 111 3,000 300 Jl.111 4357004 EXTERNAL INSTRUCT FEES 2,850 10,655 12,815 14,420 88.867 12,000 -2,120 -·J6. ·/82 4358200 SPECIAL INVESTIGATION FEE o 500 o 500 0.000 500 o 0.000 4358400 REFUNDS AWARDS & INDEMITY o o o o 0.000 1,000 1,000 0.000 4359000 SPECIAL PROJECTS 787 1,000 o 1,000 0.000 o -1,000 -100.000 TOTAL OTHER SERVICES & CHARG 19,783 30,355 24,089 36,320 66 . 324 34,200 -2,120 --~. B37 TOTAL OTHER SERVICES & CHARG 254,595 332,200 197,490 396,200 49.846 396,800 600 0.lS1 4460100 TREES & SHRUBS o o o 00.000 o o 0.000 TOTAL LAND o o o o 0.000 o () 0.000 4461002 COMM CENTER RENOVATIONS o o o o 0.000 o o 0.000 TOTAL BUILDINGS o o o o 0 . 000 o o 0.000 4463000 FURNITURE & FIXTURES 269 2,450 1,959 3,500 55.963 3,~00 o (J.O()O 4463100 COMMUNICATION EQUIPMENT 21,190 22,000 16,472 20,000 82.362 20,000 () 0.000 4463200 COMPUTER EQUIPMENT o o o o 0.000 o o 0 . 000 4463201 HARDWARE 13 , 076 15,000 o 15,000 0 . 000 15,000 o 0.000 4463202 SOFTWARE 7, ll6 8,000 1,602 9,000 17.790 9,000 o 0.000 4463203 INTERNET HARDWARE o o o o 0.000 o o 0.000 4464000 OFFICE EQUIPMENT 1,984 2,000 1,468 2,000 73.397 2,000 o 0.000 4465001 CARS & TRUCKS o o 306 306 100.000 o -30G -100.000 4467099 OTHER EQUIPMENT 9,069 12,000 6,660 11,694 56.950 12,000 30G 2.61'1 4469000 LIBRARY REF MATERIALS 246 250 174 200 86.750 200 o 0.000 TOTAL EQUIPMENT 52,951 61,700 28,640 61,700 46.418 61,700 o 0.000 TOTAL CAPITAL OUTLAY 52,951 61,700 28,640 61,700 46.418 61,700 o 0 . 000 TOTAL COMMUNICATIONS CENTER 1,904,085 2,080,900 1,187,249 2,209,100 53 . 744 2,644,200 435,100 19.G,)(; TOTAL GENERAL FUND 1,904,085 2,080,900 1,187,249 2,209,100 53.744 2,644,200 435,100 19.6% TOTAL REPORT 1,904,085 2,080,900 1,187,249 2,209,100 53.744 2,644,200 435,100 19 . 6% --------------------------------------------- ---------------- ,., iF CITY OF CARMEL TO: Steve Varner E & BPaving Inc. CONTRACT CHANGE ORDER NO.: 1 DATE:August 26, 2008 APPROVS) AS TO FORM BY~ t.. 1.4> '/. -c7 17042 Middletown Ave. PROJECT NAME:131st Street Towne Road to Shelbome Road Noblesville, In 46060 CITY REO. NO.: CITY PO NO.: CITY PO DATE: I. You are directed to make the following changes in this Contract: See Attached Exhibit A SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR (-) DAYS See Attached Change Order TabJe 47.40 oDays II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part ofthis Change Order: RF.P.: NIA W.D.C. NO.: NIA Other: The changes result in the following adjustment ofContract Price and Contract Time: Contract Price prior to this Change Order $2.381.422.66 Contract Price will be increased/decreased by this Change Order $47.40 New Contract Price including this Change Order $2.381.470.06 Contract Time prior to this Change Order Days 9/29/2008 Completion Date Net increased/decreased resulting from this Change Order .Q Days Current Contract Time including this Change Order Days 9/2912008 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 perfonnance ofthe changed work.. The Above Changes Are The Above Changes Are Approved Recommended Accepted CROSSROAD ENGINEERS E & B Paving Inc. ENGINEER CONTRACTOR 3417 Sherman Drive 17042 Middletown Ave. Address Address Beech Grove. IN 46107 Noblesville. In 46060 City/StatelZip ~Mary AnnBurlre, Member ::> Lori Watson, Member=~~ By:Ron Richmond ATrEST: Phone: 317-780-1555 Phone: 317-773-4132 Diana Cordray, Clerk-Treasurer Date: 8126/08 Date: 8/26/08 Date: CITY OF CARMEL 131st Street Towne Road to Shelbome Road Project #06-10 CHANGE ORDER TABLE TOTAL ORIGINAL CONTRACT PLUS CHANGE ORDER ITEMS ORIGINAL CONTRACT PRICE CHANGE ORDER #1 NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS $2,381,422.66 $47.40 $2,381,470.06 * Indicates additional item added to the contract. " " CHANGE ORDER PROJECT: Carmel/Rosado Hill: Spring Mill Water Main Extension CONTRACTOR: Infrastructure Contractors Inc DATE OF CONTRACT: 3/5/08 The CONTRACTOR is directed to make the following changes in the Contract Documents as set forth in this Change Order and attachments: Description of Change: 1) Add Two 45 degree bends at 20" connection $3,212.95 2) Add 40' of20" DIP to 20" Connection $2,561.20 This Change results in the following adjustment of Contract Price: Original Contract Price: Net Increase Resulting From This Change Order: Increase From Other Change Orders: Current Contract Price Including this Change Order: $154,413.00 $ 5,774.15 $ o $160,187.15 Approved by: Contractor Infrastructure Contractors Inc 16100 Allisonville Road . 'le, IN 46060 Date ---------------------------- ------------------------- ,J STATE OF INDIANA ) ) SS: COUNTYOF __________ ) Before me, a Notary Public in and for said County and Ann Burke, and Lori Watson, by me known to be the Member: and Safety, and Diana L. Cordray, Clerk-Treasure of the City ( the foregoing "Agreement" on behalf of the City of Carmel, In Witness my hand and Notarial Seal this day of NOTAR~ My Commission Expires: Printed N My Coun Date: Approved by: Owner CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: __________________________ Lori Watson, Member Da~: ATTEST: Diana L. Cordray, IANIC Clerk-Treasurer ---- , ... , ..... .If CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: Young Life----------------------------------------------- Point of Contact: Jenna Tyler___________________________________________ Address: 120 3rd street nw City, State, Zip: __carmel, in 46032 Home Phone: (317 ) 690-9846 Work Phone: f 1 same Cell Phone: () same Fax Number .....( __)<-_________ For Profit Organization: Non-Profit Organization: _X__ Individual: ____ Day and Date Requested: .£I$ d Sep~)::<_1)D~ ~----------------------------- Time Requested: __5___p.m. to: ___9_p.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 X Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity __ Fountain Restroom __ Other _______ Purpose: Middle school youth group Number of People Expected: 50_____ 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) ___________ , -•-{he Carmel Board ofPublic 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 ;</5-t-day of AUf] uS + ,200.-f., by the Office ofthe 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 J, 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 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, INDIANA ____young Life_________ By and Through its Board of Public Works and Safety Name of Organization/Applicant James Brainard, Presiding Officer Date:___________________ _ Jenna Tyler-YL stafff_____________ Printed Name and Title (Ifapplicable) Mary Ann Burke, Member Date:____________________ _ Jenna Tyler______________ Address of Organization/Applicant Lori Watson, Member Date:____________________ Date: 8-20-08________ .'.; ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date:____________________ Special Conditions: CITY OF CARMEL FACILITY USE REQUEST FORM c -.I Name/Organization:C{ r mel ""L i1 i I ,A f~7 sEes'11 (Jet ( Point ofContact: ''J?Q S1? f'II a r 1 IJJa:i. f' [.5 Address: L1 ,Sl) fa.lIjE' I JIJ e. Rd City, State, Zip: Ca rm e J ; J-AJ Lfh 6 '3 ~ Home Phone: ( ) :5 7 3,-C} 10 O:J Work Phone: .>...-(--1.)______ Cell Phone: ( ) 2S:D--9 gto { Fax Number ( ) ~k 0 -g =) '3 '7 For Profit Organization: Non-Profit Organization: / Individual: ___ Day and Date Requested: &.JCJA 1±Sepi d 5 I 5xdacd') Se;t;;lo, :Y/Jr.b.~Sr1J ~ 5r--ptdS V~" Sf, 7 , . . Time Reque~ted: ~p.m. to: 8' a.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: ARis fes-i, Ja.. ( Number of People Expected: 30 000 I Vendors: Yes l.L No ___ (Jfyes, pl~a,se att~~h list ofvendor(s) ipformation.) . e-'- Faocf u 'Pn 0' ors -wOn -,. KnOw ~ (, Other Requests: City Street Closing (Large Events Only) __________ Neighborhood Street Closing (Street(s), A~dress(eslBlocked) /YIo.itt St~,d Wf><;! df'f k ZCt.si-~~ f\ ArcA LU~ ~~f-Jr+ s ()~> frlc + --h i../ /-JUt: . J1d . ~ I Ltfl, J t1 '€ . 0/11 /5.7-jTfJJ. 'To O~CAl ·3Y'd~:.. StAJ -t-D . u () /f41LCffJ /;~ The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to denyJ any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. -rh j)Received this c:< 7 day of uq ciS + ,200 ~, by the Office of the 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 the harmless by me and/or my organization from any damages, costs or expenses incurred directly or indirectly as a result ofsuch 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 lei rhlll (.2 ni / Eric; £f?5f /JqJ By and Through its Board of Public Works and Safety Name of OrganizationlApplieant .. KDS,-e James Brainard, Presiding Officer Date:___________________ Mary Ann Burke, Member Date:___________________________________ {/;I Lori Watson, Member Date:____________________ Date: K-37 -0 f( ATTEST: -, ~ I VIL'=1t:' I II kC Diana L. Cordray, IAMC, Clerk-Treasurer Date:_____________________ Special Conditions: " -' Officers Rosemary Waters President Jeff Worrell Vice President Sandy Barretto Vice President Gary Frey Vice President Elaine Bass Secretary/Treasurer Boord Members Douglas Haney Doreen Squire Ficara Cherie Piebes Leslie Lauck Mary Lou Schweitzer Joan Cimino Lee Goodman Special Committees Lynda Pitz Julie Hauck Michael Godfrey August 27, 2008 Presiding Officer City of Cannel Board of Public Works and Safety One Civic Square Cannel, fN 46032 Re: Cannel International Arts Festival 2009 Dear Presiding Officer: The Executive Board of the Cannel International Arts Festival is requesting the following streets to be closed in Old Town, Cannel for our festival in the year 2009 from 8:00 a.m. on Friday September 25, Saturday September 26 through 8:00 p.m. on Sunday September 27,2009. Main Street just west of the Eastern Archway of the Arts District to 4th Avenue. And VI block north and south from Rangeline . On Rangeline from 1 st St NW to the North and to 3rd St SW to the South on Rangeline. Please let me know if you have any questions or need more infonnation. Si~ ~a /; 1 ;JRosemary W Cannel Int ate.rs, Presid. e {JltNt/14 emahonal /~ South Rangel' estival Cannel, fN 4603~e Road 573-9602 11 ~ CITY OF CARMEL FACILITY USE REQUEST FORM Namc/OrganWation: ·-:':o.o-t-ct /~+ S+r.pet CAn ·cit we (!A .tkd- Point of Contact: Je~·.pef J:s()G~S.S' Address: italq ~f 1/ Sf-a City, State, Zip: ::Z;:U~0r=~1J·..g .....j}A-ti/zdSU Home Phone: (SI)) 'P?S78 3):J...;Worl, Pbone: '?//) glI1-)~~/ ~d.33S--'-· Cell Phone: F 2) 25},J -K3 'fr / l~ax Numbt:r {...............)__--.,._--- For Profit Organu.ation: Non-Profit Orglmizatioa: :;;;:iVidual: ___ Day uDd D~te Requested: ~_1_6~!_7'--T"/~{)___r_____________ _ Time Requested: (; :6°a.m.@tu: 1 a.m.e'hi. indllde! nt-up Dn" ~Iean-up thne.) Rehensal D~1e: Time: a.m.lp.m. to ~.m.lp.m. City Facility Reqoe!ll~d: Gazebo fountain Area_ Cuucus Room (1/3) _ (2/3)_ Council Chumbers ------. Special Reques'ts: Electricity ~Fountain Restroom _ Other ______ Purpose: ~...l.'i-ij..n.~d J),...:..+. <-h'v~Number of People Expecled: t, 0 Vendors: Yes No ~'(lf yes, pl~alSe aattacb li§;t of vendor(s) information.) -~- Other Requests: City Street Closing (Lllrge Events Only) ___________ Neighborhood S.rect Closing (Street(~), Address(es) Blocked) ___~_____ The Carmel Board uf Public Works and Safety rc~en'es the right, in its sole discretion, tu deny any facility UlSe request and/or r~vol{e any previously grankd request to use a City I'acilily for any hlwf'ul reasun. Rtteivc:d this~'2-fLday ot" iJ vb-h ,200 ~, by the omce of the Mayor. Mayor's Office Revhled: 01107 HI 39'i1d 133~1S 1515 15'03 Ll199LSLIE sr:~T 8gg~/L~/8g ------------------------------------- .I j, ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand tbl/ City of Carmel. lndiMll1iI ("Cily") Facility Uu: PCilky and agret: to be: buund by all tbe terms and conditions set rorth therein. 1 willlt!ave the City facility I USe in the slim!: cOlldition tbllt it was immediately prior to my u~e thereor. J agree Co pay for allY damllgt, repair or clean-up costs incurre'" by the City BS I rl!lIUIC of my use uf.it Cley facility. 1 hereby certify thllt I, and the orglinizatioD 1 represent, it' applicabl~, agree to be ooulld by tbe City',FllcilityUse Policy aDd by allY additiuo conditiom or restrictiom pl.c:ed UI)OD my/our use of a City fllcility by the Hoard. I understand thllt lite Board lias the rlgbt to deny Or revoke my request ror the un ufa City facility for any lawful reason, ilnu rllat the barmlc~s by me Mfid/oT nly organiZlllion t'rom ony dllmllges, costs or upenses incurred directly or indireclly Illi a re~ull of such action. Plclln sign bdow lind mail the completed form lulile OUice (If the Mayor, Onr Civic SgUIIF'I!, Carmel. Indillnll ~. Approved this _day of ,200_, . CITY OF CARMEL, INDIANA C0I--q (c+9 feet U-.-1~+,;"" Ct..c.lBy ~nd Through its Board ofPubJic WorkJI !and Safety Name ul' OrganiZlltionlApplicllot Jllme&Brainllrd, Presiding OlTicu Dat~: ~'(e..(:.~{ r (Ir.8~plic~ble) Mary Ann Uurkc, Member Date:____~~--________________ {;o'"/tf ~c-o-f 11S-+ S+rat ~rfss of Organizatioli/Appliclint Lori Watson, Mrmber Oatc:___________________~.L~~--r-:~ .JA- Date: ~,-/ d-'2 JJoDi ATTEST: Dillnil L. Cordl'ay, lAMe. Clerk-Trellsurer Dlltc:_____________________ Spe(ial Conditions: _______________~____________________ W 39\1d 133~lS 1S16 15113 a ICJCJLSL IE sr:~r S00l/Ll/S0 --- ... ~ CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: Ido~':) \(c:/\0~)'l: l~ ~~(,;,* ,l.A.c.. Point of Contact: )3 c",-i: S,c..~.,,*= Address: )"38 l c... lao. n:&o ~G- City, State, Zip: e.g, (M§,\' I f\j ~"'C 31.. BomePhone: tan) '6~1 -90G2. Work Phone: Ol?) "3'---3<t1 , Cell Phone: ( ) Fax Number can) L7£, -<;6' 7 5' For Profit Organization: Non-Profit Organization: )( Individual: ....,--__ \o/n/o'~; iyn/O'6; 1{1J./o~/ ~?l.I(j<li -ai~/.la~i If/').llo1;d~ld<( Day and Date Requested: ___________________1_'__ Time Requested: ---=:1 a.m.l€~. to: 9.. a.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: c.t~\.c. t\.~l~ Number of People Expected: \$'"-3d Vendors: Yes No ~(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) __________ 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. 1-11 AReceived this eiS day of uq u ~ f , 200 F, by the Office of the Mayor. Mayor's Office Revised: 01/07 to ~ ACKNO~EDGEMffiNTANDAGREEMENT 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 tbe 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 tbe 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, INDIANA t\~",)IV ~},t1 S6C(~( III\C. By and Through its Board of Public Works and Safety Name of Orgai;ationiAppUcant ~.4f.\. L AppU,sn' ••ho,;,.d Ag.nlf I ~ '\6r~ S...Ci~~( ~~(.'k Printed Name and Title (If applicable) l3~(~ h~~r ~L (tJ 4bO~L. Address of Organization/Applicant Date: ¥at;~r James Brainard, Presiding Officer Date:__________________ Mary Ann Burke, Member Date:___________________ Lori Watson, Member Date:,____________________ ArrEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date:____________________ Special Conditions: ________________________________ • 10. 2Rue 21 2008 1:07PM HP LASERJE:T FAX, CITY OF CARMEL FACILITY USE REQUEST FORM N.II1JOrpDir.ariOD: f/~ ,.:;~hbd. d ~<4 Yn.e:llL ' t= 7 .otnt of COlltK1! Adcl,..,,: //&:. -$// ~~~-=?t~ ~~s. City. State, Zip: C ~..e~~/. ,,ZV -9'"'<P63""3 1 Ho... rhaae: lVA' 177Y //nWork Phone: j!./ a 2 *' ;? -/.:;<C> Y CeD 'hono: 1a &~/-€7/LJI'nNumbcrwl' £1(';:;-~?;~~ For Profit Orpniudan: NOIl.Profit O",laizllio.c Individual: ~' O.,.od Ol.e Req_"ted: ~~pl: ~ ~..c>:a Tlble ReqUdted: ~ .....fp.lI1. w: l' ..../p.ln. (T'i, i.tludel U!-Up Iftd el,.,..., .,••., Rebeanlt nater Tim.: •.m./p.m. to •.m./p.DI. City 'leWty Requtttecl: G.ztbo FOllnfain Area_,_ Cauem. ROMn (1/3) _ (13)-Q)undl Cb••ber. 8pfWiI ~HlJtI: FJedrieit)" __ }4'ouatlla Re.ft'oOlil __ Other ______ Purpolt: ~~!~ NIIJIlber ef People Experted: j4c:> , / VIi.deN: Va ___ No ~r )'t!. pleat. attadlHt. ofvtJldor(.) I.r.rmillion.) Odl.r Requ..lI: City Sir'Nt CIotlna (La..Eve." Qaly) ___~_____ N"lJItbomood Street 001101 (Sa-ut(S), AddresJ(es) Blodud) ?£6"1K~~C,Pv.e.f r //.J,;el-UG.q·/-//c,.~/.:.-I/I-$?> -//'-11:> ~J)~~D --1/L,,7C? -//{"26 /'l,ayr::/ ~k'S/ ~1777E'-Gt!}b~t_ Tbc C.nu1 Board 01 Public WeJl'ig and Safety r..."_ tbe rip., ia it••"Ie dl.cr~lon. to dell)' '.Y tadltty UN requut aftdJor ""oke my prevtoullbi p ••ted "quat to au II ClCy rldltty for ••" .wllIl rauvG. R.et8ved ..11 d J$-1" day of flvJV5 ± ,100 E,I»y .be Oilier ofrhe Mayor. Mayor's omce ~i.ed: 01101 <::0 39IJd :)ND:l .:IO.:l.:lIW SEE8E~8L H: 9S:S1 800l/Il/80 $ ~U& cl 2008 1107PM HP lAtiERJET FR)( 10. 3 ,,/ ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY • lin. reU .....a.dWl1.aC ~.or, of C.r,".~ Ind'-n. ("elly") '.dl1~ UN hlley ••eI ac,," 10 IIc bouad by." tit. "nn,..d condltbll.ft forth thl!tela. I wW In,..," Cley ,..IUt)" lIM'o tile ...u to.dldon !tat" Wit Im...tU.lI.ly prklr to .-y Ute III.not. I_I," CO ..,lor..y de • .,.. re,." or clua-.p COIn. IDearred lIy abc Clly as a rftUlt 01 III)' ale t)r. City facility. J knbf tril'y ..., I, anet u.urp..a.uoa J repr....&, lIa,plkabl.. IeI'M eo be "-aid by ,..City', 1"K1l1t)' Uee Poiie)' ....7 ••y adlltdea ~dlltclD' or rHtridlou placed .,on ..,.10'4 r QM af a City fMtltty ~(..Bo.rd. I lUIdentu.d tUt til. Boa,.. .... 11l'l1Ibt to deny or rwoke my rcqllelt ror tIte .... or. Cit)' r.tlllty for aay lawful I'HMI. aact tiaar tla. hlr.'" by III. ae4for My o ..... nlutlN rrOM aDy clallllllU, COI'-IIr np.n_ Incurred directly GrladirMtly .......ut at.... *1I0Il. . "'IN-'1ft ..." lid In.U the CODlplc1td rorlD to the om"o[ '~I Mayor. Oil CiYK SAMIU, Cum.L Igdlw ~. . Approvtd tbll_day:of ,100_, err"OJl CARMEL. INDIANALo,,:~ /'~a~CJ,..v By .Dd nroaell lu Board or P.bUc Workl &lid Safe'Cy N...oIOra._,ioalApplicaftt" ~~~ifUCi.. . . Ta.,...r.laard, Pr"lcllnl omter ~I Dllr:.______------------ '111... Nt••••&1 TJII. (Ifapplbbl.) M.ry Ana Blrb, Mimbcr D.le:•. _. //!,..y/ ~.6l~.qe~G~_--,-_..."....".---:--_____. A4dre.. of O .....la.IIoiaIApplbnl Lor. WaUoD. Mmber DI~:. ______.....____.....____..........__..........___ D...: i -:;ZJ --L>;? _ A'ITlST: DA.a. L Cordray, lAMe. Clerk-Tn.,llrer 0.1.: .________________. 8pldal ClllldJllolU: _______-__ £(l 39IJd :JNQ:) CJDCJCJlrJ SE£8£t>8Lt£ 9S:S1 8{l0l/tl/80 p.2 AUg LU UO vo:orp Jerr I nomas ..:> I I -Q'+'H.ILf0'+ p.L. AuC .~9 2008 8:40AM HP LASERJET FA~ ~ CITY OF CARMEL FACILITY USE REQUEST FORM NamelOrglDizatioa: ~cl£~crm.a.s Poi•• ofContact: Addrcaa: J } BY cg r-focs-ie-Y ~d City, SUIte, Zip: C4K~ . I0 l/bO:2,3 HomePh.ae: (3121 :5 ~O-CfS'fH WorkPhonc:: .\-(--.L.)_______ Cell Plaene: () Fax Number BJA '644--0 i/5'I Forprofit OrglDization: NOD-Profit Org••Dation: Indrriduw: .V"" Day and Date Requested: 'Q~+l.,.trtla...y, Sept. ;20 Time RequelUd: I;J; c::V a.m.lg:> to: JI :C:V••m~(Tbillnclud. t.t-ap .nd clcao-uptime.) Rdleand Date: Time: a.mJp.m. to a.m./p.m. City Fadlity Requelted: Gazebo Fountain Area_ Caucu Roolll (113) _ (213)_ e.ulld) Cbanaben Special Reqa_u: Electricity _ Fountain Restroom _ Other _______ Purpo&e: bJ..oe.--k A r tx Number ofPeople Expected: _____ Vendort: Yel ____ No Z (Ifyes. please attatb list ofvendor(s) informa1ioD.) 0tIHr1leqautI: City Street Closing (Large Evenu Only) ________ Neigbborbood Strut Clolmg (Street(I), Address(es) Blocked) J.-b:sJe..c Y1C;cuJ 9mn lIS 3""2 :fo 1/90 'i TbeCaJ"IDcl Board of'Publie Worb ud. Safety reserves the right, In ill sole diJcretioD. to deny any facility use req.Nt _dl.r revoke .DY prerioldly granted Rquelt to use a. City faciUty for any lawful reasDn. Received thII Ab-+J1 day of Au~u st.200fi., by the Office of the Mayor. Mayor's Office Reviled: 01107 Aug ~U (Rl UO:OI:Sp JafT I nomas ~'I f-b44-UQ04 P,;j AuC~lS 2008 8:40AH HP LASERJET FA)( ~. p.3 ACKNOWLEDGEMrnNTANDAGREEMENT TO COMPLY wlm CITY FACILITY USE POLICY I han red .sid ulldenraDd the Oty 0'Carmel, IJldiaaa ("Clly~) P.olity Vse Polley ••d agree to be boand by an tbe ter••aDd c:oodilione let r~tlilerc:in. I wID laiw CM Cit)' faclicy I •• in the _me coudltloa Cut It was 11IuaedlatelJ prior to .y Itte thereof'. I agree to pay toray d-.c, rcpllr Dr clealHlp cosu IDcurred by the ClI, as a result of Illy IISC ora City fac:1IIC). I bereby cerUf)" flutt J, a..11 ...orpaizatfDII I repre.e~ If.ppllctble, qne to be ~ound by the City", 'acility Usc Polley aDd by aD,. 8ddfdoa eo,U.ttioDI or ratrtctlons placed upon R)'Iour UK .ra City f&dltty by tbe Board. J UDdentaDd Ciat * Beard .... die rJght to deny or revoke .." requat for tbe u. Dr I Cit)' fllCiUty for., lewtUl re8I011, ..d that die "Inaless by me IDdlor my orc..ization fro .. aay damage.s, costa or ape8lellac;.rred directly or _directly as • result ofIU~Kdo•. ' ....e lip "'waDd ..all the completed fo ..... to the 0fDs;s grYl! MIYQr, Ope Clyls Square. C.r.eJ, ladl..a ~ Approved this _dayof .200_, CITY 0)1' CARMEL, INDIANAs By aDd Throlllb jQ Board of Public Worb and Safety ,-<;'\.1V'1L".... Ja_IJraJaIInI, PreIIclIDi Of11l:er D.~:_________________________________ PrJ.ted Name .ad Title (II.ppleable) Miry ADa JIurtc. MemberDale:___________________ 11 gy g tb~-fer f24 AcIcInu ofOrauizatloDlAp!!lig" Lori W.tIe~ Member Date:_' ________________________ Date: <6 -:20 -O'i? ATTEST: Di..,. L Cor4ra,., lAMe. Oerk-Treasurer ~,---------------------------------- SpeclaJ Coaclt6ons: ___~_______________________ ------ CITY OF CARMEL Jtl FACILITY USE REQUEST FORM Name/Organization: _Brockway Public House Point of Contact: Lainie Paul Address: __12525 Old Meridian St, Ste 150 City, State, Zip: __Carmel, IN 46032 Home Phone: n/a Work Phone: Cell Phone: 317-514-8132 Fax Number n/a For Profit Organization: _XX__ Non-Profit Organization: Individual: ___ Day and Date Requested: Wednesday September 10, 2008 Wednesday October 22,2008 Wednesday November 19, 2008 Time Requested: __6-p.m. to: midnight (This includes set-up and clean-up time.) Rehearsal Date: n/a Time: a.m.lp.m. to a.m.lp.m. City Facility Requested: nla Gazebo Fountain Area Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: n/a Electricity __ Fountain Restroom Other _______ Purpose: _BMW Car Club Meeting Number of People Expected: 20 cars Vendors: n/a Yes No (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) _Cranston Avenue from Old Meridian, about 100 feet. Access to back parking lot will be fully functional. Requesting closing just the small section that resides on the South side of the Brockway Pub. 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 11 .;.-J,day of Auq v~::. t ,200~, by the Office of the Mayor. Mayor's Office Revised: 01107 .J 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 ofa 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, INDIANA The Brockway Public House By and Through its Board of Public Works and Safety Name of Organization!Applicant ~~ Signature of Authorized AgenU Applicant Lainie Paul, Managing DirectorlProprietor Printed Name and Title (If applicable) 12525 Old Meridian St, Ste 150 Carmel, 46032 Address of Organization!Applicant Date: August 20, 2008 James Brainard, Presiding Officer Date:___________________ Mary Ann Burke, Member Date:____________________ Lori Watson, Member Date:_---'-__________________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date:____________________ Special Conditions: +-Georgetown Lane ... ""'0 co o 0::: c o ...... (f) c co 'U "8J .... Old r'\l1eridian Street ... #iIi iii1" , Road Closed along South end of Brockway Pub: VVednesday Sept 10, 2008 VVednesday Oct 22 .. 2008 VVednesday Nov 19. 2008 6p-midnight B/27/200B 2 : 12 PM FRO~' : 317-57 4-2729 TO: 571-2468 PAGE: 001 OF 002 -. AUG-;U-,OU8 WEU U1: U, PM CITY m CAI-<MEL HC~ ~AX NO. ~lfbfl,499 P. UI CITY OF CARMEL FACILITY USE REQUEST FORM Name/OrgaaizatioD: COppe rWO (')d Ho'(y}po lAJN C\f As-So tictt"OO PoiatolContact: SlAg, 6r~loy\',,1 . Address: IS 44 {~~I eg osborouqh Dr City,State,Zip: (w(Y)(J PJ jLQ033 Home Pboae: () f5} S-1 y.Work Phone: ..... -cli d.-q ( -..)1-.-_-___ ( ) Fax Number ...( --&.)________Cell PhoDe: For Profit OrganizatioD: Non-Profit Organization: IDdividoal: __ Day IDd Date Reque.ted: So.turd Wi I StRt Jot; ...t)e1V)... q rm T~me Requested: S •.m.t6 to: 9 a.mJ~frllil ilcludCl MHip Ind clun-.p 11Int.) Rebeanal Date: Time:__a,m./p.m. to a.m.lp.m. City FadUty ReqUetted: Gazebo FountaiD Area_ Caucua ROClm (lfJ) _ (213)_ CouncU Cbamben _ Special Requelta: Electricity _ FouaW., Restroom ~_Other ______ Purpose: Nti~hbQrhoOd :Sou'cll Number of People Espeeted: leO Vendon: Yes No L {Jfyea, plealt attach lilt of veador(.) iarormatioD.) Otber Requestl: City Street CJolmg (Large Eveats Ont)') ________ Neipboltood Street Closinl (Street(s), Addren(ea) Blocked) No rib ead or Ccjf)perwaod. Dr. OCft;.!ah :ti qd. <t ---# ~3~ Tbe Carmol Board of PubUc Workland Safety re!enra the right, in its sole dilcretioD, to deny IDy fadliey use request aDd/or revoke any previously &nnted request to Ult a City raeiJity for Iny lawful reuon. Received this .;( 7+~ay of !fuq Us+ ,2001, by tbe Ofti~~ oftbe Mayor. oJ Mayor's Office Revised: 01107 " NEW AGENDA ITEM Todayts Date: 08 I :;:z I 0 gI . __CITY COUNCIL (Original and 8 Copies) • E-Mail All Ordinances and Resolutions (Include any Exhibits) to Lois Fine ~ARD OF PUBLIC WORKS (Original and 5 Copies) Check One: __ADD-ON ~XT MEETING: orI CJ3 I 08 (Date) __FUTURE MEETING: _/~ 1(Date) Sponsor: (Person to be Listed O~nda) , ~~~ Description of Item: Any Special Instructions: (Special Equipment Needed, Verbal Presentation. Etc.) RESOLUTION NO. BPW-09-03-08-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY RATIFYING CITY ATTORNEY'S SIGNATURE ON ENGAGEMENT LETTER WHEREAS, on account of a serious gasoline spill in the City, the City Attorney needed to protect the City's interests and the public's health, safety and welfare by immediately engaging the services of an environmental attorney; and WHEREAS, due to the exigencies of time, Cannel City Attorney Douglas C. Haney executed that certain engagement letter ("Agreement"), attached and incorporated herein as Exhibit "A"; and WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above actions of City Attorney Douglas Haney and to adopt the same as the act of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety ofthe City of Cannel, Indiana, that: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The actions of City Attorney Douglas C. Haney in executing the Agreement are hereby ratified and such actions are hereby approved and adopted by the Board as its own. Approved and Adopted this day of ,2008. CITY OF CARMEL, INDIANA By and through its Board ofPublic Works and Safety BY: James Brainard, Presiding Officer Date: ________________________________ Lori S. Watson, Member Date: Mary Ann Burke, Member Date: _______________ ATTEST: Diana Cordray, IAMC, Clerk-Treasurer Date: [eb:DlJW'OI'd :z;\e bau\my docummu'lbpw-f"csoIub01lsUOO8\rlnfy baney's S1p1afW'e • sil\ltr tillage 11I.doc:8122108) D~partment of Law Line Item No. 430-4000; P.o. No. 18270 Contract Not To Exceed $5,000.00 LAW OFFICES GREGORY K. SILVER 342 MASSACHUSETTS AVE., NO. 400 INDIANAPOLIS, INDIANA 46204-2161 Telephone: (317) 263-9417 / (317) 263-9418 Fax: (317) 263-9416 August 22, 2008 Douglas C. Haney, Esq. City Attorney City of Carmel One Civic Square Cannel, Indiana 46032 RE: Petroleum Spill 8-20-08 Dear Mr. Haney: Per the request of you and the Mayor, I am, unless otherwise directed in writing by you, to represent the City in all aspects of the above oil/petroleum spill in the City of Cannel on August 20, 2008. The duties would include investigation of legal options and claims, and legal advice to protect the City and to seek damages for such spill from all legally obligated parties, including, but not limited to, Mike Worrell Petroleum who apparently operated the tanks and pumps and owned such which ruptured. I have a legal rate of Two Hundred Fifty Dollars ($250.00) per hour and will bill monthly. Per your request, I will not charge in excess ofTen Cents ($.10) per page for black and white copies or of Twenty Five Cents ($.25) for color copies, will not charge for facsimile transmissions that are not outgoing long distance transmissions, and will not charge mileage for time I am also billing you at my legal rate. I agree to infonn you if it appears that my total billing will exceed Five Thousand Dollars ($5,000.00). Sincerely, Jtr,f~ Gregory K. Silver GKS/eb Cc: Hon. Mayor James Brainard File 4r>r~d l~Q~ EX/f11J1r 'It ~.. .. NEW AGENDA ITEM Today's Date: D8 I ;lie I (}g __CITY COUNCIL (Original and 8 Copies) * E-Mail All Ordinances and Resolutions (Include any Exhibits) to Lois Fine ~OARD OF PUBLIC WORKS (Original and 5 Copies) Check One: ADD-ON ~XT MEETING: c;21 03 I o§' (Date) __FUTURE MEETING: _I 1_ (Date) Sponsor: (Person to be ~n Agenda) ~ '4 Description of Item: ~ ~B~~.2-t)g~a3 ~~.-"-" Any Special Instructions: (Special Equipment Needed, Verbal Presentation, Etc.) --------------------------- , v' RESOLUTION NO. BPW-09-03-08-03 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ("BOARD") APPROVING THE ASSIGNMENT OF EQUIPMENT FOR THE CARMEL FIRE DEPARTMENT TO THE INDIANA BOND BANK WHEREAS, in accordance with the provisions of Indiana Code 5-22, bids for the purchase of the equipment ("Equipment") listed on attached Exhibit A, incorporated herein by this reference, were received and approved; and WHEREAS, the assigrunent of such Equipment to the Indiana Bond Bank in accordance with the provisions of Indiana Code 5-1.5 is in the best interests of the City ofCannel, Indiana ("City"); and NOW, THEREFORE, BE IT RESOLVED by the Board that the Equipment listed on attached Exhibit A is hereby assigned to the Indiana Bond Bank by means of that certain Schedule No. 013 to the Master Lease-Purchase Agreement by and between the Indiana Bond Bank and the City and dated as of April 20, 2004, a copy of which Schedule is attached hereto and incorporated herein as Exhibit B. BE IT FURTHER RESOLVED, that the Cannel Clerk-Treasurer ("Clerk-Treasurer") is hereby authorized and approved to execute such documents related to the Equipment as are reasonable, lawful, necessary and required in order to carry out the transaction authorized hereby, provided that the Clerk Treasurer shall have previously had such documents reviewed and approved in writing by the Cannel City Attorney. ALL OF WHICH IS RESOLVED by the City of Cannel Board of Public Works and Safety, this _____ day of , 2008. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James Brainard, Presiding Officer Date: _____________________________ Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ____________________________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: ___________________________ fc:b :msword:z·\t bas:s\my docummu\bpw-rcsolutions\2008\md bond batik fire dqJ1111tD 01.11 g~schcduJe NO'J .doc:8126108] , .< Hoosier Equipment Lease Purchase (HELP) Program ApPLICATION LESSEE INFORMATION Name: City of Cannel Contact: Diana Cordray, Clerk-Treasurer Address: One Civic Square Phone: (317) 571-2414 City: Cannel State: IN Zip: 46032 Fax: (317) 571-2410 Federal ID: ~35-6000972____ Email:__dcordray@ci.cannel.in.us--- BILLING ADDRESS (IF DIFFERENT): Name: Cannel Fire Dept. Contact: Gary Carter Address: Two Ci vic Square Phone: (317 ) 571-2667 City: Cannel State:--'IN"'-'---__ Zip: 46032 Fax: (317) 571-2615 EQUIPMENT AMOUNT Equipment Description (year, make, model): Equipment Cost: $273,129.00 (150) sets of Tum-out Gear (fire suits) Down Payment: ( -0) Trade-In: L-.:.Q: } Amount Requested: $273,129.00 Expected Funding Date:_ December 1,2008_ Financing Tenn: 5 year Payment* (Annual/Semi/Qtrly/Mo ):_ Semi X_ First Payment Date: (preference): _12/1/08 Fund Used to pay for the Equipment _General Fund-Fire *Due the 151 day of the month for any mode. ESSENTIAL USE Is the equipment being purchased under the State's QPA? Yes ] No [X ] Does the proposed equipment replace existing equipment? Yes X] No [ ] If YES, what is the age and type of equipment being replaced? Four -five years. Useful life = 10 years (5 years as primary, 5 years as back-up) If NO, why is the additional equipment needed? _______________________ What function does the proposed equipment perfonn?_.=.P--=u=b-'-'h=·c-'S=a=£=e.=..ty'--_______________ Do yo., anticipate issuing more than $10,000,000 in debt (including leases) during the current calendar year? Yes" Please send application to: Indiana Bond Bank 10 West Market Street, Suite 2980 Indianapolis, IN 46204 City of Carmel, for its Fire Department Indiana Bond Bank HELP lease-purchase for turnout gear Assume Non-bank Qualified investment Rate and payments are subject to change until closed Preliminary Interest Rate: 4.1700% 1Compounding: US Rule Principal Accrued Accrued Per Date Payment Principal Interest Balance Interest Int Bal Net Balance o 1211/2008 29,918.09 29,918.09 o 243,210.91 o o 243,210.91 2008 29,918.09 29,918.09 o o 1/1/2009 o o o 243,210.91 845.16 845.16 244,056.06 2 21112009 o o o 243,210.91 845.16 1,690.32 244,901.22 3 311/2009 o o o 243,210.91 845.16 2,535.47 245,746.38 4 4/1/2009 o o o 243,210.91 845.16 3,380.63 246,591 .54 5 5/1/2009 o o o 243,210.91 845.16 4,225.79 247,436.69 6 6/1/2009 29,918.09 24,847.15 5,07095 218,363.76 845.16 o 218,363.76 7 7/1/2009 o o o 218,363.76 758.81 758.81 219,122.57 8 8/1/2009 o o o 218,363.76 758.81 1,517.63 219,881.39 9 9/1/2009 o o o 218,363.76 758.81 2,276.44 220,640.20 10 10/1/2009 o o o 218,363.76 758.81 3,035.26 221,399.01 11 1111/2009 o o o 218,363.76 758.81 3,794.07 222,157.83 12 12/1/2009 29,918.09 25,365.21 4,552.88 192,998.55 758.81 o 192,998.55 2009 59,836.19 50,212.36 9,623.83 9,623.83 13 1/112010 o o o 192,998.55 670.67 670.67 193,669.22 14 2/1/2010 o o o 192,998.55 670.67 1,341.34 194,339.89 15 3/1/2010 o o o 192,998.55 670.67 2,012.01 195,010.56 16 4/1/2010 o o o 192,998.55 670.67 2,682.68 195,681.23 17 5/1/2010 o o o 192,998.55 670.67 3,353.35 196,351.90 18 6/1/2010 29,918.09 25,894.07 4,024.02 167,104.47 670.67 o 167,104.47 19 7/1/2010 o o o 167,104.47 580.69 580.69 167,685.16 20 8/1/2010 o o o 167,104.47 580.69 1,161 .38 168,265.85 21 9/1/2010 o o o 167,104.47 580.69 1,742.06 168,846.54 22 1011/2010 o o o 167,104.47 580.69 2.322.75 169,427.23 23 11/1/2010 o o o 167,104.47 580.69 2,903.44 170,007.91 24 1211/2010 29,918.09 26,433.97 3,484.13 140,670.51 580.69 o 140,670.51 2010 59,836.19 52,328.04 7,508.15 7,508.15 25 1/1/2011 o o o 140,670.51 488.83 488.83 141,159.34 26 2/1/2011 o o o 140,670.51 488.83 977.66 141,648.17 27 3/1/2011 o o o 140,670.51 488.83 1,466.49 142,137.00 28 4/1/2011 o o o 140,670.51 488.83 1,955.32 142,625.83 29 5/1/2011 o o o 140,670.51 488.83 2,444.15 143,114.66 30 6/1/2011 29,918.09 26,985.11 2,932.98 113,685.39 488.83 o 113,685.39 31 7/1/2011 o o o 113,685.39 395.06 395.06 114,080.45 32 8/1/2011 o o o 113,685.39 395.06 790.11 114,475.51 33 9/1/2011 o o o 113,685.39 395.06 1,185.17 114,870.56 34 1011/2011 o o o 113,685.39 395.06 1,580.23 115,265.62 35 11/1/2011 o o o 113,685.39 395.06 1,975.28 115,660.68 36 12/1/2011 29,918.09 27,547.75 2,370.34 86,137.64 395.06 o 86,137.64 2011 59,836.19 54,532.87 5,303.32 5,303.32 ------------------------------------------------ 37 1/1/2012 0 0 0 86,137.64 299.33 299.33 86,436.97 38 2/1/2012 0 0 0 86,137.64 299.33 598.66 86,736.30 39 3/1/2012 0 0 0 86,137.64 299.33 897.98 87,035.62 40 4/1/2012 0 0 0 86,137.64 299.33 1,197.31 87,334.95 41 5/1/2012 0 0 0 86,137.64 299.33 1,496.64 87,634.28 42 6/1/2012 29,918.09 28,122.12 1,795.97 58,015.51 299.33 0 58,015.51 43 7/1/2012 0 0 0 58,015.51 201 .6 201.6 58,217.12 44 8/1/2012 0 0 0 58,015.51 201 .6 403.21 58,418.72 45 9/1/2012 0 0 0 58,015.51 201 .6 604 .81 58,620.33 46 10/1/2012 0 0 0 58,015.51 201 .6 806.42 58,821.93 47 11/1/2012 0 0 0 58,015.51 201 .6 1,008.02 59,023.53 48 12/1/2012 29,918.09 28,708.47 1,209.62 29,307.04 201 .6 0 29,307.04 2012 59,836.19 56,830.60 3,005.59 3,005.59 49 1/1/2013 0 0 0 29,307.04 101.84 101.84 29,408.88 50 211/2013 0 0 0 29,30704 101.84 203.68 29,510.73 51 3/1/2013 0 0 0 29,307.04 101 .84 305.53 29,612.57 52 4/1/2013 0 0 0 29,307.04 101 .84 407.37 29,714.41 53 5/1/2013 0 0 0 29,307.04 101 .84 509.21 29,816.25 54 6/1/2013 29,918.09 29,307.04 611.05 0 101 .84 0 0 ..-------------------------------------_.._--- 2013 29,918.09 29,307.04 611.05 611 .05 =====:;:::::;:::;::= ============ ============ ============ Totals 299,180.95 273,129.00 26,051.95 26,051 .95 Version 7.5 ./ APPrtov:m AS TO FORM BY -e SCHOOL RESOURCE OFFICER AGREEMENT This School Resource Officer Agreement ("Agreement")' dated ("Effective Date"), is by and between Carmel Clay Schools ("School"), an Indiana public school corporation, and City of Carmel ("City"). School and City agree as to the following, which forms the basis for this Agreement: A. City desires to provide School law enforcement services as specified herein; B. School desires to contract with City to obtain law enforcement services from City; and C. School and City enter into this Agreement to set forth the terms and conditions pursuant to which City will provide to School law enforcement servIces. NOW, THEREFORE, in consideration of the mutual promises contained herein, the mutual covenants set forth below, and other good and valuable consideration, the receipt and sufficiently of which are hereby acknowledged, School and City agree as follows: 1. Term.,The term of this Agreement shall be for one (1) year: starting July 1 2008, and ending June 30, 2009. This Agreement, however, may be terminated without cause by either party upon thirty (30) days prior written notice. In addition, this Agreement will automatically renew from year to year unless one of the parties provides prior written notice to the other party. 2. Consideration. School shall pay City $84,136.30 per School Police Officer for the first year of the contract. Payment shall be made twice a year, August 1 and January 1. School will not be responsible for payment of overtime, unless it is requested by the School. The SROs/SPOs, however, may be assigned to an afternoon or evening event in lieu of their regular duty without additional payment by School. Each party will maintain a budget for expenditures under this Agreement. Said budgets will be disclosed to the other party upon request. The total cost for the two SPO's will be reviewed annually by both parties. Payment from the School to City is due upon School's receipt of an itemized statement of cost from the City. 3. Law Enforcement Services. City will provide School with school resource officers ("SROs") at the high school and middle schools, and two uniformed school police officers ("SPOs") at the high school, pursuant to the following terms and conditions: a) The City will make available SROs/SPOs for duty at their assigned school each day that School's students are in session during the regular school year. The SROs/SPOs shall perform regular police duties as determined by the City's Chief of Police during days that School's students are not in session. The SROs/SPOs will be geographically restricted to their assigned school grounds except for the following: o follow-up home visits when needed as a result of school related student problems; o school related off-campus activities when SRO/SPO participation is requested by the School and approved by the City; o in response to emergency police activities; and o to attend City's Police Departmental training or other administrative duties. b) The assigned SROs/SPOs will be full-time and their weekly School schedule will be mutually agreed upon in consultation with the School's officials. While on duty, the SROs/SPOs shall maintain regular routine patrol and supervision duties within the building. c) The assigned SPOs will be in law enforcement uniform while on duty. d) The School will provide the SROs/ SPOs office space and other reasonable resources as necessary to carry out their duties at their assigned schools. The School will send all the SROs to the yearly NASRO Conference, to include all expenses associated with travel, lodging, conference fees, and meals related to the conference. e) The assigned SROs/SPOs will gather information regarding potential problems such as criminal activity, gang activity, student unrest, and the identities of particular individuals who may be a disruptive influence to the school and/or students. Based on the information gathered, the SROs/SPOs will work with School's personnel in providing law enforcement resources and responses regarding on-campus or school related criminal activity. f) The assigned SROs/SPOs will provide a program of law and education-related issues to the school community, including parents, on any law enforcement or safety related topics. g) The SROs/SPOs will work with School's officials to provide law enforcement education to staff and students on topics agreed upon by the parties. 2 r h) The SROs/SPOs will provide and facilitate student mentoring in a non-adversarial capacity. i) The SROs/SPOs will provide informational in-services as a general resource for the staff on issues related to drugs, alcohol, violence prevention, gangs, safety and security. j) The SROs/SPOs will serve on the assigned school's administrative team as communication liaisons between the School and City's Police Department. As communication liaisons, the SROs/SPOs will provide basic information concerning students on campuses served by the officer as permitted by law and School's policies and guidelines. k) All assigned SROs/SPOs will assist School officials In emergency response planning and review. 1) When criminal activity is suspected, the SRO/ SPOs will take appropriate steps consistent with Indiana law and departmental regulations. Unless circumstances or legal duties prevent it, the SROs/SPOs will advise school administration prior to taking legal action. m) The SROs/SPOs will refer students and/or their families to the appropriate agencies for assistance when a need is determined. n) The SROs/SPOs shall neither act as school disciplinarians nor make recommendations regarding school discipline. In addition, this Agreement does not alter the relationship or duties for the assigned police officers or the City beyond the general duties that exist for law enforcement officers within the state of Indiana. Therefore, SROs/SPOs will not be assigned regular lunchroom duties, as hall monitors, bus monitor duties, or other assigned supervision duties typically associated with school administration. If there is an unusual/temporary problem in one of these areas, the SROs/SPOs may, in their sole discretion or pursuant to an order from a supervisory officer, assist School's employees until the problem is solved. 4. Business Relationship. School and City enter into this Agreement for contractual law enforcement services. The SROs are employees for the City and they are subject to the City's control and supervision. The SROs/SPOs must follow the current operating procedures, rules, and regulation of the City's Police Department, including attendance at all mandated training and testing to maintain state law enforcement officer certification. Furthermore, the 3 ..... SROs/SPOs are not employees of the School. Therefore, their relationship is neither a partnership nor joint venture and the parties shall not make representations to third parties that they are in a partnership or joint venture. 5. Assignment. Except as otherwise provided within this Agreement, neither party hereto may transfer or assign this Agreement without prior written consent of the other party. 6. Insurance Coverage. Unless a party certifies that it is.self-insured and provides reasonable assurances as to its ability to provide such self insurance, each party shall maintain comprehensive general liability insurance during the term of this Agreement. Each party will provide a copy of the insurance policy upon request of the other party. 7. Indemnification. Each party agrees to indemnify and hold the other party, its officers, agents, employees, assignees, and other vendors harmless from any liability, loss or damage each may suffer as a result of claims, demands, costs or judgments, including legal fees, against each of them arising out of the duties and obligations pursuant to this Agreement. 8. Legal Fees. In the event an arbitration, suit or action is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that each party shall bear their own expenses, including legal fees. 9. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to confer a benefit on a third party. Rather, it is the exclusive intention of the parties for the Agreement to benefit only the parties to this agreement. Therefore, the parties shall not communicate to any person or entity that this Agreement benefits any person or entity other than the parities. 10. Applicable Law. This Agreement shall be interpreted, construed, and enforced pursuant to, and in accordance with Indiana law. Further, the parties consent to venue in Hamilton County, Indiana. 4 I' 11. Entire Agreement. This Agreement constitutes the entire agreement between School and City and supersedes any prior negotiations, agreements or representations, whether oral or written, specifically any prior Memorandum of Understanding related to School Resource Officers. 12. Amendments. This Agreement may be amended or modified only by a written document signed by both School and City. 13. Waivers. The waiver by either party of a breach or other violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement. 14. Duty to Cure. If any provision of this agreement, or the application of such provision to any person or circumstances, is deemed invalid, then the parties shall negotiate an amended agreement to cure such invalidity and, after an agreement to the amended contract, this Agreement shall be deemed invalid. In the event an amended agreement is not reached, the remainder of this Agreement, or the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first set forth above. SCHOOL By: 7~ By: Printed: Stephen A. Backer Printed: Title: School Board President Title: Date: July 21, 2008 Date: CITY OF CARMEL, INDIANA by and through its Board ofPublic Works and Safety: BY: James Brainard, Presiding Officer Lori Watson, Member Date: ___________ Mary Ann Burke, Member 5 APPROVED, AS TO fORM 8V:.~~ . CONSENT TO ACCESS PROPERTY AGREEMENT Granted to Environ International Corporation ("Environ") For the purposes of complying with the Voluntary Remediation Program (VRP) fiJed for M. B. Shopping Centers, Inc., ("MBSC") with the Indiana Department of Environmental Management for clean-up of the environmental contamination of real estate owned by MBSC and located at 120-126 East Main Street, Carmel, Indiana 46032 ("Real Estate") Name: City of Cannel, Indiana Address of City owned Property: Cannel, Indiana 46032 1. "-rite C ('f-t ofGtV'fUeL !J/\c!,'((AIlct. ,(the "Property Owner" or representative thereof) hereby acknowledge that environmental clean-up activities are being conducted in and around the Real Estate in accordance with a certain plan, including approved modifications thereto, ("Plan") approved by the Indiana Department of Environmental Management ("IDEM"). 2. The Property Owner hereby consents and agrees to grant Environ and its duly authorized representatives, agents, contractors and employees (together with equipment as necessary) when acting in accordance with the Plan, to enter upon and have continued access across the Property for the limited purposes of investigating, drilling, sampling, monitoring, injecting, and other environmental activities all in accordance with the approved Plan. 3. The Property will be reasonably restored to its pre-access condition as necessary after the activities set forth in Paragraph 2 have been completed, all at no cost to the Property Owner. Any monitoring wells will be marked and identified; and upon completion of the activities, will be closed in accordance with accepted standards of IDEM. 4. Property Owner understands and acknowledges that these actions are taken at the request of MBSC and Environ to accomplish environment remediation of certain dry cleaner chemical contaminants in accordance with the VRP plan filed with and approved by IDEM. Accordingly, the Property Owner grants to IDEM and their authorized representatives, agents, consultants and employees the same limited right of access which the Property Owner grants to Environ under this Consent to Access Property Agreement ("Agreement"). 5. This Agreement will terminate on December 31, 2012. 6. Property Owner warrants that he/she has the authority to grant access to the Property under the tenus and conditions as set forth herein. -- 7. This written pennission is granted by the Property Owner voluntarily in a cooperative spirit to pennit the environmental clean-up and remediation activities. The Property Owner may be contacted a the following telephone number Dtx,'" ~S"~~2.<Cl'l. and address 1~ Pt.", I e;ltte. st~J &'UfL,(, X AI 1.((, oj 2.. 8. The rights and obligations of the parties to this agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns Dated: dMur Ited. ------------------Sec Signature of Property Owner " 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, Mernber Date: ___________ Title Lori S. Watson, Member FIDITIN: __________ Date: ___________ SSN if Sole Proprietor: _______ ATTEST: Date: ____________ Diana Cordray, IAMC, Clerk-Treasurer Date: _____________ IZ: \E BIS!\My DocummU'lProftssion ai Saviccs\fORMS\Goods & Scrv1r.t:.(· Rn-8-06-07.doc:112112008 9.10 AM} 7 , NEW AGENDA ITEM Today's Date: 0 r;1 ~?1 t)~ __CITY COUNCIL (Original and 8 Copies) • E-Mail All Ordinances and Resolutions (Include any Exhibits) to Lois Fine ~OARD OF PUBLIC WORKS (Original and 5 Copies) Check One: __ADD-ON v/NEXT MEETING: 011 031d (Date) __FUTURE MEETING: 1 -1__ (Date) Sponsor: cperS~d on Agenda) . • M?~~ Description ofItem: 6' '~~\ !2~45&~~~ <lbtJ Any Special Instructions: (Special Equipment Needed, Verbal Presentation, Etc.) .,. APPROVED AS TO FORM BY..5lf RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is executed this __ day of , 2008, by the CITY OF CARMEL, INDIANA (the "City"), by and through its Board of Public Works and Safety. 1. On or about June 25, 1986, Meridian Mile Associates, L.P. ("MMA") conveyed to the Town of Carmel, as predecessor to the City, a utility easement, as described on Exhibit A (the "Original Easement"), across certain real estate located in Hamilton County, Indiana, as described on Exhibit B (the "MMA Property"). 2. The City has determined that because of other easements which have been granted to the City as part of MMA's development of the MMA Property, the Original Easement is no longer necessary over the MMA Property for any City purpose. The City hereby releases all rights the City has to and under the Original Easement over the MMA Property. Notwithstanding the foregoing, the City's release of the Original Easement over the MMA Property is not and will not be construed to be the consent or release by any other party who may have or clam to have rights under the Original Easement. A depiction of the Original Easement over the MMA Property hereby released is attached on Exhibit C. 3. This Release of Easement shall run with the MMA Property. All exhibits are attached hereto and incorporated herein. Approved and Adopted this __ day of , 2008. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: _______________ Mary Ann Burke, Member Date: _______________ Lori Watson, Member Date: _______________ Diana L. Cordray, IAMC, Clerk-Treasurer Date: ________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mayor James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works and Safety, and piana L. Cordray, Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing "Release of Easement" on behalf of the City of Carmel, Indiana. Witness my hand and Notorial Seal this __day of , 2008. Notary Public Printed Signature Commission Expiration : __________ County of Residence: This instrument was prepared by Ryan R. Wilmering, Attorney-At-Law, Wallack, Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Ryan R. Wilmering 2 ,r' EXHIBIT A D~scription of the Original Easement Part of the Southwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southeast corner of the said Southwest Quarter Section; thence South 88 degrees 32 minutes 30 seconds West (Assumed Bearing) along the South line of the said Quarter Section 137.96 feet to the Beginning Point of a strip of land, fifteen (15) feet in width, 7.5 feet on each side of the following described centerline; thence North 00 degrees 55 minutes 17 seconds West 167.34 feet to Point "A" hereinafter described; thence North 00 degrees 55 minutes 17 seconds West 563.04 feet to Point "B", hereinafter described; thence North 00 degrees 27 minutes 38 seconds West 854.20 feet to Point "C", hereinafter described; thence North 00 degrees 27 minutes 38 seconds West 280.10 feet to Point "D", hereinafter described; thence North 00 degrees 27 minutes 38 seconds West 555 .30 feet to Point "E", hereinafter described; thence South 89 degrees 32 minutes 22 seconds West 105.00 feet to the End Point of the centerlin~ of said fifteen foot strip of land. ALSO: Beginning at aforementioned Point "A"; thence South 89 degrees 04 minutes 43 seconds West 50.00 feet to the End Point of the centerline of said fifteen foot strip of land. ALSO: Beginning at aforementioned Point "B"; thence South 70 degrees 05 minutes 00 seconds East 137.36 feet; thence North 87 degrees 26 minutes 43 seconds East feet to the East line of the said Quarter Section and the End Point of the centerline of said fifteen foot strip of land. ALSO: Beginning at aforementioned Point "CO; thence South 89 degrees 32 minutes 22 seconds West 10.00 feet to the End Point of the centerline of said fifteen foot strip of land. ALSO: Beginning at aforementioned Point "D"; thence South 87 degrees 51 minutes 16 seconds East 155.63 feet to the East line of the said Quarter Section and the End Point of the centerline of said fifteen foot strip of land. ALSO: Beginning at aforementioned Point "E"; thence North 89 degrees 32 minutes 22 seconds East 139.26 feet to the East line of said Quarter Section and the End Point of the centerline of said fifteen foot strip of land. .. EXHIBIT B Description of the MMA Property Part of the Southwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, more· particularly described as follows: Commencing at the Northeast Corner of said quarter section; thence South 88 Degrees 45 Minutes 10 seconds West (assumed bearing) along the North line of the said quarter section 60.89 feet to the West right-of-way line of Pennsylvania Street per Instrument Number 2000 60872 said point being the Point of Beginning; thence continuing South 88 degrees 45 minutes 10 seconds West along said North line 180.83 feet to point which bears North 88 degrees 45 minutes 10 seconds East 344.88 feet from the East line of the limited access right-of-way line for U.S. #31; thence South 00 degrees 20 minutes 33 seconds West 175.63 feet; thence South 89 degrees 56 minutes 31 seconds West 9.07 feet; thence South 00 degrees 00 minutes 00 seconds West 231.18 feet; thence South 89 degrees 35 minutes 32 seconds East 9.42 feet; thence South 00 degrees 24 minutes 28 seconds West 153.64 feet; thence North 89 degrees 54 minutes 20 seconds East 183.52 feet to said West line; thence North 00 degrees 05 minutes 44 seconds West along said West line 564.15 feet to the Point of Beginning, containing 2.40 acres, more or less. 4l.10N ,(JjadoJd VWW a4l JaJ\o Juawase3 leu!6!JO a4llo UO!l:>!daa ::> .ll81HX3 c JAMES BRAINARD, MAYOR August 27,2008 Board ofPublic Works and Safety One Civic Square Carme~ IN 46032 RE: Secondary Plat Approval-Heather Knoll, Section 3A Dear Board Members: Mr. Tim Berry, of Platinum Properties, has requested the Secondary Plat of Heather Knoll, Section 3A be placed on the Board ofPublic Works and Safety agenda for approval and signatures. Our office has received the required Performance Guarantees, as per ordinance, for this development. The plat has been reviewed and signed by the Department ofCommunity Services and reviewed by this department. Therefore, I recommend the Board approve and sign this Secondary Plat. Sincerely, 7Jl2??l~ Michael T. McBride, P.E. City Engineer MTMIrbh Attachments (Mylar Plat) S:\DHILL\BPW08\HEATIiERlCNOLL3APLAT DEPARTMENT OF ENGINEERING ONE CIVlC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@cannel.in.gov \. Properties August 21, 2008 City of Carmel Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: Heather Knoll, Section 3A Request for Secondary Plat Approval and Signatures Dear Board Members: Please accept this letter as our formal request for approval and signatures for the Secondary Plat for the above referenced project. The subdivision consists of 22 lots on 11.66 acres. Please let me know if you will require any additional information for us to obtain the boards approval. Sincerely, Tim Berry Asst Project Manager Cc: File. 317 818-2900 • 317 863-2055 fax 9757 Westpoint Drive, Suite 600 • Indianapolis, IN 46256 ' ...1M 1~ 152 140 151 r... ~; :: ». 1271 '28 1125 11241123 ~I II! 137 148 1 ow I , ,.7 "I~: i i ~II" I'''?t-;;-ii 18148 134 145 133 d/q~ : ~, '1"-',' .. LAlIt IlJ 131 " I , • ... 97 HEAlHEII ICNOLL 'IMWAY ...( .....I i l J •• eo I .... 43 151 10 IICIITY ~. 117 1115 • 17 • POND "~ ::~ 1( .V·~.. I· ~-I ., .. , n H ~ ",., 13 I~ H •~:' Ii 7 " , " ~J< '154 I; IlIIEET • 15$ ,!~ 1, 70 I71 N II II " I ~I 17 ee " HEATHER KNOLL ~~ 2 \. -... G,2Cl ' ~2t "bou -.U :"'1. .... "til 21 ~ »~ »)1&. 31 ~ .10~ II", a~ 1 ) , I i ~ I ! ..: t I I PREPARED B"I'; oo-s D. a..MS'IEAD. 'ft.S STD£PPO.IIER'TH .. AS$DOAlt$. IlC. ~[ASl 1081H SlJt[[lflSH£IIS._-.. PtQiI[: (317) ""-~J~ PlA1'N.II PRCJfI[Jf1'I[S, w: 17$7 CS'IJI'(WI ~SU1[ 100 eoAMAPCl.JS. ICIMIA 4&lSI fI'tCI«: (317) 8'11-2100 -~ rAX: (317) 8'l8-3'ID CQl(TACT: $1[',£ ~ 5la.ssDrI OAT[: 'D/4/O& SICUfC[ C6 mL.[; 1MM'.....,.,.DaD~~ 20()6()007lD!18., ~2'OO4GCIXI:2I1O CNb«L/tlAT PLNI CDIMSSICIf NOS. I"MWt"I' PlAT DOaI:(l NO.: (111-03-",. MII(1rC)) 5I:COrDMT fl\AT £IOCKn MO.: D:51C1XJ01 SP ~$1-1iI'DSO '5i.:J[ TAIID ....-,. I£T'I£DI HOU5[5 REM T"-' .....-1f1 .... 25 D.U.as.S.t....... D." D.A:U.(. I.L ,,0.[. L.............. e .. .'"SoL" P.P.A.£.. It.DLa:s.S.t. l..EClEND LOT M.IIaJt I:.~ UTIJTT .. SMIlNtT SOD E.ASEWDI'T SAMTAIft' sno tASOI(NT_ EAS<IIVf1 DIIt~ .. UTIJTT tASOIOf1' ..."... SE"TIAO< LM: IUU..ATm DRAoWAC[ tASD£NT l..AIII)SCAP(. IIIUM1DrWM:£ ACC:£SS [ASDIOfl"""'Aa:['SS tASDl[Nl CXMOI-" ItCHT r:I w.TSOl __ LNCISCAP( £ASOIII(NT PI.8JC PmESlJiMN ACaSS t.A!lDE:NT MClU.1ID I)ItAINAQ[ .. SNIIlNtT $(1II[R lASD«1O HEATHER KNOLL SECTION THREE A SECONDARY PLAT SlJBOMBK)N ~AT1ON IIICIUI€MTS 1K4T ME StCNN (III 'MS PlAT HAVE: lint sn .. PlAC[ .".. 10 M Il(CCIIDAl'DI f7 'HS P\.A1. ~1HAT -.J. BE 5£T .. PlAC[ M1U 11« IItCCIiI'S)A1DI r:I THIS PlAT HA'A: NOT EDI"",. ~AIYDolWT. CROSS-ItD'IJIIDIC[D TO 1HIS R[CIJtDI]) PlAT, 'IIU. • II£tCIIIIO[D Af"'1'1lI 1M[ SUIlMS1QN .......",....1ICJIjI HAS I[(If c:tMI'I.(1['D NO LAD 1HAH 1W) (7) 'f£AII5 Af"'1'[Jt It(COIOA1Df r:I THIS "-AT. A Sjr.yf' JlI:aM W1M CNJ STAW'{D "'5AA ,.... f01JlJI/" SHm .: S[1 AT .MJ. lDt OR P.-.cD. COI8CltS. INClLI)ItG 8£tare8C NrC) DI*C r:I ~Nt) M 1NTtJtS[.r:nDN C6 LIlEs.. o OOII)T'[S Ii ~;ralO· mwt WT'H eN' STAW'£D -sa.. rItM fOISI6'. • DDIQ'P£S Ii T .u.c NM. Mlt4 ~STMIP['D .S&A ~f01JlJI/" C OOIOttS Ii C"'1f4."'" UNI Nl:CAST c:t1MClIt[1't ......",. W1M A CROSS CAST .. 1M: TOP, SI1 n.u5H WTH Tl1[ fNSH ../IlL D£N01'['5 " $1W[[l COf1tJ8..M: 1CII.IIOf'T. 011«Jt A ACDfItI'Ot'«lJ)., " !ltr 1M. $lED. IftX) 12"' UMO W1M 1-1/'r" fIA. TAPOlm _ASS • CAP HAWC A Cl1T Y IIiII TOP. S[1 Fl.U5H WTH 1H[ F1NISKD sa..ACt c:o.t. T OR A r YAC ........ 1tWOIlJ.RI.T S£T flUSH W1M 1M[ IflDW))An c:o.t.T (BIalI). DMfIIIII,o. orrw.T... IEST~.-r _..... No. 100012 !I -1m II 1EST'..sT~ ~ ,-------!llUT21 I II IC.A. ,5 SID MAPI 153 GRAPmC SCALE '~2 I t. d i rI I,40 I !Ell -100 " .I ,~, ! ,39 I '50 : 'lII I _ C. A. 14 'JI! ~ ,34 ____ -!llUT31 I L _1---1-,., I--I-..!R. -II II II IIJI 11/ ,.. , I 1_____HETJ ~~~o:.,~=:.~~~M':"~l= D2m r of tJw ,.....,. ~.ot....." dIrted r---,. 11, 2OOl. 1~1=1~~r:;:;-1 =~rd ....... 47'11!53A 9UT1Dr!l ~ .. c L ]AME..C;; BRAINARD, MAYOR August 27,2008 Board ofPublic Works and Safety One Civic Square Cannel, IN 46032 RE: Water and Sanitary Sewer Availability Approval Request I Guilford Patio Homes Dear Board Members: I recommend the Board approve Water Availability for this forty-lot, 6.059-acre subdivision as follows: GUILFORD PATIO HOMES CHPR-Horizontal Property Regime) Water: 40.0 E.D.U.s per Water Ordinance A66/A77. Not to exceed an average daily flow of 12,000.0 gallons per day. Sanitary Sewer: 40.0 E.D.U.s per Sewer Ordinance S58. Not to exceed an average daily flow of 12,000.0 gallons per day. The Cannel Clay Plan Commission approved this project (Docket No. 07070059 DPI ADLS and Docket No. 08010009 HPR) on December 18,2007. Construction or development of this project must begin within twelve (12) months or said approval expires and the developer or builder must re-apply to the Board. Sincerely, /71,~?»&d Michael T. McBride, P.E. City Engineer MTMlrbh Enclosure cc: John Duffy, Carmel Utilities Jim Shields, Weihe Engineers Jason Moffett, Uptown Partners S:\DHILL\AVAILOSI GUILFORDPATlOHOMES DEPARTMENT OF ENGINEERING ONE CIVTC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov '" , UI!WEIHE ENGINEERS If /I i 1,1 I, i ," " tI II I i .1 .' II I 't August 14, 2008 Mr. Dick Hill City of Cannel ~~entofEngmeering One Civic Square Carmel, IN 46032 RE: Guilford Patio Homes Water and Sewer Availability. Dear Mr. Hill: Please accept this letter requesting that Guilford Patio Homes be pJaced on the agenda for the City of Cannel Board of Public Works September 3rd, 2008, meeting. This project received approval at the December 18, 2007 Plan Commission meeting (DP/ADLS Docket #07070059 and HPR approval under Docket #08010009). At the Board of Public Works meeting we will be requesting approval of Sanitary Sewer Availability and Water Availability. The total number of units is 40 and the total acreage of the site is 6.059 acres. Should you have any questions or require additional information for completion of this request, please contact me 317-846-6611. m Shields, Director ofResidential D H:'>200 l' W010 I34Idocs\!ctters',20080814 BPW Rcq~lwater-sewcr.d04 10505 l\. College A~'cnue Indianapolis. It-; 46280 w~ih~,nO:I 311 I 846 -661 I 1100 I 452 -6408 I'u; 317 1143 0546 Allan II. Weihe. P,E.. L.S, -Presidenr -- -- _ __ i1 b!1,,'h~ -i~ 1 l I! 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'DOll wnr ;'!!..1!!~ ~ 1iICIIIf.e,•• _ '~ • to ... • ~:=!,;:Ji! :-.......::.&: - ( ~ I JSl I~ J Q j (i:: ::!'I: ~ Q.; -. j Q ~ ..§ :;; ~i ~ :.... ~ ~ ~L CI02-.-G." .. -" August 21, 200S Board of Public Works and safetyc One Civic Square EL Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: Curb Cut Request -5313 E. 126th Street (carmel, Indiana) Dear Board Members: Mr. Mike Stein of Stein Investment Group has requested approval for one curb cut to serve a 2.05 acre parcel located at 5313 E. 126th Street, Carmel, Indiana. Curb Cut Is Intended to serve as access for proposed building Improvement on said 2.05 acre property. This parcel was part of an original 2.S5 tract that was subdivided into two parcels, containing said 2.05 acres and a O.SO acre parcel (exhibits enclosed). Compliance with the zoning and subdivision control ordinance requirements for the split of the 2.S5 tract into two parcels was verified by Mr. Michael Hollibaugh with Department of Community Services by letter sent to Michael Stein dated July 2S, 2OOS. The proposed cut Is approximately ~ mile east ofthe intersection of Gray Road and 126th Street on the south side of 126th Street. The exact location of curb cut would need to be coordinated with the entrance to the Clay Junior High School which is directly across 126th Street to the north. The Department of Engineering recommends that the Board approve the requested curb cut contingent upon satisfaction of the following requirements: 1. Construction of curb cut would not disrupt travel of school bus traffic and/or student arrival or departure during normal school hours. 2. Contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(S), 6 227(b) and 6-227(h). 3. The petitioner understands that approval is granted for the curb cut access only. All other Items of work would be subject to review and approval by the Department of Engineering and other Departments of the City as part of a separate approval process. 4. Traffic on 126th Street shall be maintained in each direction at all times. Sincerely, ·ft;.7?l1 /J J Michael T. MCB'idff;-ZJ City Engineer ,. . Enclosures \\Apps2\user data\eng\shared\DHIII\BPWOS\STEINCURBCUT.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL enginecring@carmel.in.gov · .~ Attn: Gary Duncan Dept. ofEngineering Carmel, IN 46032 '8/6/08 Dear Gary, This is a letter ofrequest for a curb cut (road access) for the property located at 5313 E. 126th. Street, Cannel, IN 46033. Please see enclosed Exhibit A and B for further clarification. This is for the reconfigured property lines in order to build on the "rear" Parcel ll. Thank you for your time and consideration. S~ ~~ Stein Investment Group 13296 Mohican Ct. Cannel, IN 46033 (P)317-557-5753 (f)317-575-9482 stein655@aol.com Stein Investment Group *13296 Mohican Ct. Carmel, IN 46033* *ph 317-557-5753*fax 317-575-9482*stein655@aol.com* • • .. --f!9 ~ .:I) 1 19Yd :K) WJ/UIl "1310111KZ9\S!J1O\1OD\~:S _DS ',:lit '*'MIl .. lV'W .uMIIXDS , I11131HYI- ,........~ .A 'IM.-...... "--~ fIIIIIIIJD • lftM'-..' • • ....... ell 01 fIIIIUIM P II ..... IIIU. ...... III,.--~1auID • ,. ...................,OIPI' II """ ,pull.... ~l1li .111 ... "AtUn ................ ---...... 'P4}1UM1..,......AIr-......,. p-.. .......,.....-..... ....AlP-..-...,,.. ~"II. ltCHIIl-« a.:J]5 /t/l.dIm~ '«::::""'" -,tlTLL ~- a..-e ...... ~.~ ,og -.1 :nYOS lWIOII mDUlSSY I -~- , ,,3HH8l-tt fIlIl!BS tIL IN 3tI1 HUDe .' • - - ---- ---~-............. .- I ..• I ~ ~N . ,. . ,... IIIIfIICIIJ1 ~D JO .... 'lfIOJ D 'Mull UIpuIoq "..., JO ~D • .-J-au ... cq ...... JDU II .......... .........,.... LGpunoq lllWlD D JO ..... D IIDdII pemq IIkap cq ~1pII " UOA'" P'IIIINL ,..". ifill • 1'1 ... I\QIGIIUOUI 011 pili I*"q" I0Il. iMn PIlI ON "PI4 lUUMi .. jO ....qJd JO/pw ~p-.. uocIn peeq ....... I0Il. ......JO/pw ~P'III ..... 8IU. .... .. UN! 'IUID Wl; 1kfIfq.a ~JO lIN "R 0\ 1'IJ 'lO'OOl ,. ICMIJIP D ... IQJDU JIIIII _ 111] ...ss ....... a: -.., 68 IA'DN'" :uan-.... PIlI' )0 .. 'IJIIU lID OllllJ g,~JO ..... 0 1-. ~a ...... In ...,00 'PNICMIR (S) ~00llOl JO ..... D111] ...~..... II: ...... II 'IJIIII .... (t) !1811 1S0tt~ jO ICM819 D 1-. ......0 ...... IZ -.., 00 .......... CO =lilt ...". ...... -lila .... 5 .... Zt ....m IfIIIDS ...(Z) :pIf st°m,. ..... -~...a ..,.... ai ....OO·'IIIIIS .... (L) ~...)0 ..JIM .................... ....ao .. ~ IIIIIQUIH,...,.....JO..., .......... III) ...... ~ ....... ~.. ,..,.,.... ,.~ D""~"cq JIIt[l1[',. ..... o~..... ss ~a: .....'IJIIII .... =lilt at~, ,. ....-~...a ...... 8l -.., 00 IIIIIIS .... !1811 Dr'li ,. ..... D 1-.....1.0 ...... DC ....~IIIIOS ..... !1811 cxra; ,. ....D 111] ....I.f. ....8l ..... 011 IPS .........'0,. Mtd III 0\ JIlt KTLL,. ...... D ~... JO .........~..-)lila ... ss ..... « .....IAftCIS ... ~... JO --~III ~ 9iCJiQtC) ....• I*IGIIP ........ "lIIID'J ........ III ....... ~ puICIIS MIl JO 111] t .... 'IAJDN III ......1 'tt IIDIPS ,. ...-0 1I'1IIJIIfI ..JO l.IDd v ~..., ,. I , '" D.I OJr.r.-..-l.18 • c JAMES BRAINARD, MAYORAugust 25, 200S Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: Open Pavement Cut Request -Guilford Patio Homes Dear Board Members: Mr. Jim Shields of Weihe Engineers, on behalf of Uptown Partners, LLC, is requesting approval for an open pavement cut of the existing pavement located at 531 South Guilford Road to facilitate water line construction for the Guilford Patio Homes Subdivision. The attached exhibit indicates the approximate location of the requested open pavement cut, which is approximately 165' north of the intersection of 126th Street and Guilford Road. The Department recommends that the Board approve the request open pavement cut and lane restriction/closure contingent upon satisfaction of the following requirements: 1. In addition to complying with the approved construction plans for the Guilford Patio Homes project, the contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227 (a)(S), and 6-227(b). 2. The petitioner understands that approval is granted for the open pavement cut only. All other items of work shown on the attached exhibit are subject to review and approval by the Department of Engineering and other Departments of the City as part of a separate approval process. 3. One lane of traffic shall be maintained in each direction at all times on Guilford Road and the work shall be restricted to the hours between 9:00 AM to 3:00 PM. 4. Contact with the Department of Engineering to schedule a pre-construction meeting and review of Maintenance of Traffic Plan prior to implementation of constructed systems. The Traffic Control Plan must conform to standards of INDOT Work Zone Safety Manual requirements. A minimum 4S hour notification of lane restriction to the Department is required. 5. A contractor currently bonded with the City shall perform the connection to the existing water line. 6. Flagger shall be used during construction period. 7. Open pavement cut shall be restored in accordance with City Standard Street Cut Patch Repair detail. S. The Guilford Road surfacing operation associated with the Guilford Patio Homes project shall not take place until the work for this open cut is completed. 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 GUILFORD PATIO HOMES OPEN CUT August 25, 2008 Sincerely, ?J7. /./l1 " /~Ike McBride, P.~ City Engineer Enclosure \\Apps2\user data\eng\shared\DHill\BPW08\GUILFORDHOMESCUTS,DOC I!I!WEIHE ENGINEERS .... ,3 :~ =';; ..,r .. ,:: !, 'f' C'.;· ~1··:;.,."';'M'~"':'l : Br:~ -·.:.~lr.:1 '::""'-:':~;I:-= ~,J 'f: Build lI"ilil "(ll1fid!"flCC"v August 21, 2008 Cannel Board ofPubHc Works c/o Engineering Department Cannel City Hall, First Floor One Civic Square Cannel, IN 46032 RE: GUILFORD PATIO HOMES Dear Mr. Hill, On BehalfofUptown Partners, LLC, we respectfully request to be placed on the September 3rd, 2008 Carmel Board ofPublic Works for Pavement Cut and Right-of-Way dedication for approval of Guilford Patio Homes. The following approvals are requested. 1. Guilford Road Pavement Cut-Request for pavement cut across Guilford Road in order to construct an 8" water main for water service to the site. The pavement cut is approximately 165' north of the intersection of 126th and Guilford Road. See Attached Exhibit. 2. Dedication of Right-of-Way -Request for approval for the dedication of 10 additional feet ofright-of-way (for a total of40 feet half right-of-way) along the east side ofGuilford Road approximately 535 feet in length per City of Cannel's 20-Y ear Thoroughfare Plan be placed on the agenda for the next available meeting of the Carmel BPWS. See Exhibit and Legal Description ShouJd you require any additional infonnation regarding these requests, pJease contact our office at 846-6611. es E. Shields, P .E. Director of Residential Development IO~~ N. ColI<IlC ,""<:nuc ' Indianaroli." 111. 4O~!lO IA"tihi:.nCI ~p , ~~-Mil g()(1 ~~~ -MO~ fax : 317 1 f>.l~ _. O~tI Allan H. Wcih•. I'.L L.S. -I'IL'mi.", EXHIBIT "A " LAND DESCRIPTION Part of the East Half ofthe Southwest Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian situated in Clay Township, Hami1ton County, Indiana, being more particularly described as follows: Conunencing at the Southwest comer of the Southwest Quarter of said Section 25; thence North 88 degrees 49 minutes 55 seconds East (basis ofbearings) on and along the South line of said Southwest Quarter 1311.34 feet to the Southwest comer ofthe East Half of said Southwest Quarter; thence continuing North 88 degrees 49 minutes 55 seconds East on and along said South line 30.01 feet to a point on the East Right of Way line of Gui1ford Avenue as set out in a Right of Way Grant to the City ofCarmel, Indiana and being recorded in Easement Record 3, pages 994-995 as Instrument No. 8606674 in the Office of the Recorder of Hamilton County, Indiana, said point being the POINT OF BEGINNING ofthis description; thence continuing North 88 degrees 49 minutes 55 seconds East on and along the South line of the East Half of said Southwest Quarter 10.00 feet; thence North 00 degrees 01 minutes 13 seconds East parallel with the West line of the East Half of said Southwest Quarter 534.83 feet; thence South 88 degrees 49 minutes 55 seconds West parallel with the South line of the East Half of said Southwest Quarter ]0.00 feet to the aforesaid East Right of Way ]jne ofGuilford Avenue; thence South 00 degrees 0] minutes 13 seconds West on and along said East Right of Way line 534.83 feet to the Point of Beginning, containing 0.025 acres (1090 square feet), more or less. H:\2007\W070I34\SURVEy\sURVEY DOCS\ROW LAND DESCRIPTION.DOC ( J=! I I , ~, --z-U L ~ -"-- i ! o ;-1... o I . .,....--- r --, --:. -I ~--ii, . --I . . . ~I t=-'--·~- : + I-~ ,. 'I' , . ':-. I ' , I .'o, I: . . ." August 27, 2008 c L JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square carmel, Indiana 46032 RE: Open Pavement Cut/lane restriction & closure -carmel Regional Performing Arts Center Dear Board Members: Mr. Rich Hall of Crider & Crider Contractors is requesting approval for combination of open pavement cut and directional bore of the existing pavement located at 211 City Center Drive to facilitate sanitary sewer force main construction for the Carmel Regional Performing Arts Center project. Additionally a lane closure is being requested for staging of the construction equipment, the open cut and access for work along the sidewalk within the boundaries of construction activities. The time frame for the construction is approximately one week. The attached exhibit indicates the location of the requested open pavement cut/directional bore which is approximately 370' east of the intersection of City Center Drive and 3rd Avenue S.W. The Department recommends that the Board approve the request open pavement cut and lane restriction/closure contingent upon satisfaction of the following requirements: 1. In addition to complying with the approved construction plans for the Carmel Regional Performing Arts Center project, the contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227 (a)(8), and 6-227(b). 2. The petitioner understands that approval is granted for the open pavement cut/directional bore only. All other items of work shown on the attached exhibit are subject to review and approval by the Department of Engineering and other Departments of the City as part of a separate approval process. 3. One west bound lane of traffic shall be maintained at all times on City Center Drive. Work shall be restricted to the hours between 9:00 AM to 3:00 PM. The petitioner shall notify the Department of Engineering if the work is expected to extend beyond these hours. 4. Contact with the Department of Engineering to schedule a pre-construction meeting and review of Maintenance of Traffic Plan prior to implementation of constructed systems. The Traffic Control Plan must conform to standards of INDOT Work Zone Safety Manual requirements. A minimum 48 hour notification of lane restriction to the Department is required. 5. A contractor currently bonded with the City shall perform the connection to the existing sanitary sewer manhole. 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 Regional Performing Arts Center August 27, 2008 Sincerely, ~/~?7t~ Michael T. McBride, P.E. City Engineer Enclosure \\Issvrappsl\user data\eng\shared\DHill\BPW08\CARMELPERFORMARTPAVECUT.DOC ... 4806 West 86th Street· Indianapolis, Indiana 46268 • Office: (317) 334-0758 • Fax: (317) 334-1158 TO : City of Carmel Engineering Department One CMc Square Carmel, Indiana 46032 ATTN : Mr. Fred Glaser RE : Carmel Regional Performing Arts Center, P3 RIW Permit Application & Bond ','J, ,. \ ," roved as Submitted roved as Noted Resubmit 1 8121/2008 Right of Way Permit Application 1 11/1712007 Copy of Permit Bond Continuation Certificate (Currently on File) Mr. Glaser, Please accept our application for a right of way permit to Install a sanitary sewer forced main via a combination of open cut and directional bore along the north side and crossing from north to south of City Center Drive for this project. Thank you In advance for your assistance and consideration with this. Feel free to contact me with questions or If you wish to discuss. t/6ckdJJ 812112008 Rick Hall, Sr. Project Manager Data AIIthorM Md RftIewed Equal Opportunity Employer .. ~9f)4{J s .;; "'" FORCE MAIN PLAN tt> IIOIl1H c L JAMES BRAINARD, MAYOR August 27,2008 Board ofPublic Works and Safety One Civic Square Carmel, IN 46032 RE: Guerrero Agreement Regarding RIW Dedication and Improvements Dear Board Members: Ms. Elizabeth A. Hobbs, ChiefLegaJ Counsel for the Indiana Land Development Corporation, the owner of the subject property, has requested the Board sign the Agreement Regarding Right-of-Way Dedication and Improvements and the Dedication ofPublic Right ofWay documents presented for approval. This property is located on the west side ofTowne Road and north of West 131 1t Street. The City desires to have appropriate Towne Road right ofway dedicated to the City for the purpose ofmaking street and thoroughfare improvements and in particular, in regard to the Towne Road Improvement project. Indiana Land Development is willing to dedicate the right ofway to the City subject to the terms ofthe Agreement. The terms ofthe Agreement are agreeable to the City. Therefore, I recommend the Board sign the Agreement and furthermore, to accept the dedication and sign the dedication documents. On behalf ofthe City ofCarmel, I would like to thank Ms. Hobbs and Mr. Paul Shoopman, President ofthe Indiana Land Development Corporation for this Dedication ofRight of Way. Sincerely, '};2'2??l~ Michael T. McBride, P.E. City Engineer MTMlrbh Enclosures S:\DHILL\BPW08\GUERREROAGREEMENlTOWNERDROWDED&IMPR DEPARTMENT OF ENGINEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.57l.2441 FAX 317.57l.2439 EMAIL engineerin,g@carmel.in.gov C APPROVED AS 10 FORM ~ AGREEMENT REGARDING RIGHT-OF-WAY DEDICATION AND IMPROVEMENTS THIS AGREEMENT ("Agreement") is made and entered into as of this ;t/~ay ofJuly, 2008, by and among Indiana Land Development Corp., its successors and assigns (collectively, "ILDC") and the City of Carmel, Hamilton County, Indiana ("City"). RECITALS A. ILDC is the owner of certain real property located in the City and more particularly described on Exhibit A, attached hereto and incorporated herein by reference ("Property"); B. City desires to have such Property dedicated to the City as public right-of-way for the purpose of making street and thoroughfare improvements on such Property; C. ILDC is willing to dedicate such Property to City subject to the tenus and conditions contained in this Agreement; and D. City is willing to accept dedication of such Property to City pursuant to the tenns and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the recitals, which are hereby adopted, and the covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereby agree as follows: 1. Dedication of Property. Upon execution of this Agreement by City, ILDC shall execute that certain Dedication and Deed of Public Rights-of-Way, attached hereto and incorporated herein by reference as Exhibit B, for the Property. 2. Improvements of Remaining Property. ILDC is the owner of certain other real property located in the City and more particularly described on Exhibit C, attached hereto and incorporated herein by reference ("Remaining Property"), and as consideration for ILDC's dedication of the Property to City, City hereby covenants and agrees to make the following improvements to the Property, and Remaining Property as applicable, at City's sole cost and expense: (a) Relocate all currently existing utilities and/or install all necessary utilities (including without limitation, gas, water, sanitary sewer, electric, telephone, cable, fiber optic and stonn sewer) on the Remaining Property to the location(s) within the Property as required to comply with City'S Thoroughfare Plan for 131 SI Street and Towne Road; (b) upon completion of the work outlined in subsection (a) above, rough grade, install and maintain the appropriate soil erosion control measures on and hydro seed the Property (and the Remaining Property to the extent that any soil has been disturbed in connection with the work outlined in subsection (a) above), all in compliance with alJ applicable local, state and federal laws and regulations f (collectively "City's Improvements"). City's covenant and agreement to make the foregoing City's Improvements shall run with the land. City hereby covenants and agrees not to place any lien, or pennit or cause any lien to be place on the Remaining Property in connection with the City'S Improvements, and City hereby agrees to indemnify and defend ILDC from and against any loss, damage, cost, claim, cause of action, damage or expense, including reasonable attorney's fees, as a result of any injury, death or damage occurring on the Remaining Property and/or arising from work on the Remaining Property in connection with the City's Improvements. At least ten (I O) days prior to the date that City requires access or entry to the Remaining Property to commence any portion of the City's Improvements, City shall notify ILDC that it shall require such access or entry, and ILDC shall give City either a written right of entry or a temporary access easement granting City access to the Remaining Property for the purpose of constructing the City'S Improvements. 3. Miscellaneous. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by each of the parties. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision unless the essential object of this Agreement would be defeated. This Agreement, together with the exhibits thereto, constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes any and all prior or written arrangement understandings or undertakings. This Agreement shall not be interpreted or construed against the party whose counsel prepared this Agreement or any earlier draft. If any action is instituted in connection with any claim or controversy arising out of or relating to this Agreement, the prevailing party shall be entitled to recover, in addition to costs, such sum as the court may adjudge as reasonable attorney's fees in such action and on any appeal from any judgment or decree entered therein. No third party beneficiary rights are intended or created by this Agreement. Each individual executing this Agreement on behalf of an entity certifies in his or her individual capacity to the other party that such person has the authority to execute this Agreement on behalf of such entity, that all action necessary to authorize such execution and delivery has been taken and done, that such entity has the capacity and means to undertake all of its obligations under this Agreement and that this Agreement is binding upon such entity. This Agreement shall be construed and governed exclusively according to the laws of the State of Indiana, without regard to its conflict of law provisions. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. ( ----------------------------------- --------------------------------- ------------------------------------ IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the date first above written. "ILDC" By~________________ Paul Shoopman, Presidetrt ~~_________________ 7";2-( , 0 "City" By: Printed: Titk: Date: f<; Approved and Adopted this __ day of , 2008. CITY OF CARMEL, INDIANA By and through its Board ofPublic Works and Safety BY: James Brainard, Presiding Officer Date: ___________________________________ Mary Ann Burke, Member Date: ________________________________ Lori S. Watson, Member Date: ArrEST: Diana Cordray, Clerk-Treasurer Date: ___________________________________ ~ ---- STATE OF INDIANA ) ) SS: COUNTY OF HlrMlkffJN ) _Before me, a Notary Public within and for the State of Indiana, duly commissioned and qualified, personally appeared Paul Shoopman, the President of ILDC, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notary Seal this d-f ~Yday of July, 2008. County of Residence: Signature, Notary Public Hkl'\{kT""f1'" Printed Name f8.,,~ .4-~S My Commission Expires: 'V cC)/:2-011 £lIaIb8IhA ~ Hc*IY PubliC Sell aw-~ Hammon CoIIft~ ~,." STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public within and for the State of Indiana, duly commissioned and qualified, personally appeared the of the City, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notary Seal this day of July, 2008. County of Residence: Signature, Notary Public Printed Name My Commission Expires: f C\.JJ:::> 0.1 G3A3ANO:::> 38 0.1 A V M -dO-.1HDrn) A.1"M3dO"Md dO NOUdrn:::>S3G lVD31 V.118IHX3 ~"XBIBIT "A" Project:·OG-12 · Sheet I ofl . .. ParoeJ 21 F~im'P~C:-. A part of lhe Southeast Quarter of tho Northeast Quarter of SeetiOiI 2:9, Townabill 18 NOl1h, Rlmgo 3 Baat, HiunillOll County, Ind[ana, and beiDa that part. of the grantor's land lyina within the right of way linos depicted on Iha attached Right ofWay Parcel Plat. mllrke<i BXHIBrr "B", desoribcd 88 foLlowa: Beginniug at the lIortheast comer of the Southeast Quarter of tho Nertbeaat Quarter of eaid aeclion: thence South 0 degrees I minute SB 8COOnda West 330.00 feet Ilons-the 0II8t line of Irdd C(lUl11«-quorter sCction to the 801Itil line of tile grantor's land; thence South 89 deatees 12 minutes S5 8cconds West 70.01 feet along said north lIno to polnl"101" designated on said plat; thence Nortb 0 dagreea Ot mum~ 58 seconds East 330..00 feet to 1\ point olt the north line ofsaid quarter-qiuutor aootioo dOlrignuwd 118 point "t03" on said Jllal; ~North 89 degrees 12 rninutas S8 soconds East 70.01 foel atoni said north iloe to tho eMl lIne of said section to the point of beginnina and contninlng 0.530 acros, more or lell. it1cIullY~ of the presently exi8dns rlaht ot way whiah Alontalna 0.125 acres, more or loss, with II nel. additional tnJ...'ing 0/0.405 Acres, more or lOS8 This description waa preplU'Cd for the City of Cannol by Tracy L. McOill, Jndil\lla Rcglslered Land SWvcyor, Lioenso Number L820S00009, onlhe 1''' doy ofJlUluacy. 2008. .. 'uR~C-~",.;".c~ l.·MC~ . "A:::~~V* O~~009)*\~ SlJIT£Of -I...~./~1tI)~~-.w-.sufN ..,.·"'''IJR\i~\'f'',J .. r"S EXHIBIT "B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT o 150' 300'Prepared for the City of carmel by: AMERICAN SCALE: 1".300'STRUCTUREPOINT INC. 80 Rds. Residue "A" .,_,..,......... ~. ST. 80 Rds. ~ ~ SOlO OFF ,~ ~<v 80 Rds. -t.. -----1,331.05' (1,331.16' M) ----95+00 ....... 2~,,~ EXISTING R/W 131ST 1.327.62' (1328.12' M) r77771 HATCHED AREA IS THE APPROXIMATE TAKING ) OWNER: INDIANA LAND DEVELOPMENT CORPORATION DRAWN BY: JDH PARCEL: 21 CHECKED BY: TLM PROJECT: 06-12 ROAD: COUNTY: TOWNE ROAD HAMILTON INST. NO. 200500038056, DATED JUNE 8, 2005 SECTION: 29 INST. NO. 2007056789, DATED SEPTEMBER 25, 2007(SELL-OFF: TOWNSHIP: 18 NORTH RANGE: 3 EAST THIS PLAT WAS PREPARED FROM PUBUC DOCUMENTS AND NOT CHECKED BY AFIELD SURVEY.), c -------------- EXHIBIT "B" SHEET 2 OF 2 RIGHT-OF-WAY PARCEL PLAT Prepared for the City of carmel by: AMERICAN STRUCTUREPOINT INC. --.. , Point North East Station Offset cc. 210 See Location Control Route Survey Plat I 212 213 226 101 113526.6958 103256.6972 +Pl(98+76.73) 70' U. A 103 113856.6967 103256.8859 +PL(102+06.73) 70' Lt. A SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 2007049661 In the Office of the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by reference, comprise a Route Survey executed In accordance with Indiana Administrative Code 865 lAC 1-12 ("Rule 12"). ~L/JI.:fl:-"' 1/7/~ Tracy L McGill date Reg. Land Surveyor No. LS20S00009 State of Indiana [ NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. ~ OWNER: PARCEL: INDIANA LAND DEVELOPMENT CORPORATION 21 DRAWN BY: CHECKED BY: JDH TLM l PROJECT: 06-12 ~ ROAD: TOWNE ROAD " COUNTY: HAMILTON SECTION: 29 TOWNSHIP: 18 NORTH RANGE: 3 EAST AMERICAN STRUCTUREPOINT, INC PROJECT NO. lN20040222.,J nus PLAT WAS PREPARED FROM PUBUC DOCUMENTS AND NOT CHECKED BY AFIELD SURVEY) mOd 1\\-0-11 JI'1Sfld dO 0330 ~NOLLVJI030 S.A.lIJ S .lI8IHX3 APPROVED AS TO FORM BY ~ 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 of certain real property ("Property") to the City for the pwpose of establishing 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 Worlcs and Safety, hereby accepts said Dedication and Deed, and orders that the Instnunent of Dedication and Deed desaibed 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 dcdicatcd to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBUC WORKS &. SAFElY James BraiDard, Mayor ~re: _______________________ Mary Ann Burke Dare: _______________________ Lori Watson Dare: ________________________ ATfEST: Diana L Cordray, IAMC, Clerk-Treasurer Dare: ____________________ lnstrumcnt prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Cannel, Indiana 46032 I affirm, under pcnaIties for peljury, that I have taken reasonable care to redact each Socia1 Security number in this document, unless required by Jaw. Douglas C. Haney fONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 DEDICATION AND DEED OF PUBLIC RIGHTS-OF-WAY THIS INDENTURE WITNESSETH: That ;p.IptMlA LAr'P W"~\.9~t"I~ c.o~:p. Gointly and individually, "Grantor"), the fee simple owner(s) of the real property ("Property") described in attached Exhibit A. incorporated herein by this reference, which Property is located in the City of Carmel, 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 Cannel, Indiana ("Grantee"), subject to all existing easements and rights-of-way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrument on this :2-' g-day of J lAy.. 200S ~~"(~ STATE OF INDIANA ) ) SS: COUNTY OF ttll11l H:P~ ) Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication and Deed of Public Rights-Of ..Way. W.r~'~Y hOlld andNotarial Seal tbJlty of d"'-r .2OfII~ , U 1;'"ZOOn, f.. f-kllltJlINoto:r h 1,lic Sen! State ot Indiana [ : . 1 -{~lTilJ(c<' County . NOTARY PUBLIC I My Gorr."" ssi,,"EY,.;'r~11 /1Q12'J 11 ;' '·-c=-~;o...·.:..,--'----·-----·--~N+BL.nt It.. th?Bes My Commission Expires: Printed Name IC / r, /')..0'( My County of Residence: ~'c...!f"'Orl -,-I This instrument was prepared by Douglas C. Haney, Cannel City Attorney, One Civic Square, Carmel, Indiana I affrrm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Douglas C. Haney ~;(; EXHIBIT B 46032 EXlUBIT "A" Project: ~.12 Sheet J ofl Paroel 21 ~im'PI.c:-. A part of the Southeast Quarter of tho Nortbcut Quarter of Section 29, Town,bip 18 North, Ranae 3 East, Himilton County, lndi8ll8, and being !hat part of the 8f1IIIIOr'Iland lyina within the ri&ht of way lines depicted on the aUach.ed Right of Way Pucel Plat. marked !XH1BIT "a". de8aibod sa foUowa: BcginDiug at the I\orthealt corner oftbe. Southeast Quartor oflhe Nlrileast Quarter ofaaid 1OCtion: thcooc South 0 degrees I minute 58 IeCOIlds Weat 330.00 feet .Ions 1he cast line of said quartcr-quartcr section to the eouth line of tile grantor's land; 1hence South 89 deareca 12 minutes 55 seconds West 70.0] feci aloDlluid north Iino to point "101" deliJDIlIed on said plat; 1honco North 0 d"l"'lIS 0 I mbrote S8 IICC01lda East 330.00 feet 10 8 point on die north line of said qnuter-quancr section d0Ai8llated a point "\03" on aid plat; tbaIce North 89 degrees 12 minutal 58 IIOCODda East 70.01 foet alona said 00l1h Uae to tho cut line of aid section to the point of boginnina and c:cmtIlining 0.530 1Cl'OS,. more or leu, inclusive of the preseotJy oxlltbts riJbt of way whlch.eontaina 0.125 tlCl'OI, more 01 leu, with II net additional taking 0(0.40S icrK, more orlete ~ EXHIBIT "B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT o 150' 300'Prepared for the CIty of Carmel by: AMERICAN SCALE: 1"-300'STRUCTUREPOINT INC. 80 Rds. Residue "A" • ,=w•..,..~. .-ST. 80 Rds. - SOLD OFF ,,~ ~<v 80 Rds. ~ -----1,331.05' (1,331.16' t.4) ----95+00 ~,~ EXISTING R/W 131S 1,327.62' (1328.12' t.4) (( [7//./1 HATCHED AREA IS THE APPROXIMATE TAKING )) OWNER: PARCEL: PROJECT: ROAD: COUNTY: SECTION: INDIANA LAND DEVELOPMENT CORPORATION DRAWN BY: JDH 21 CHECKED BY: TLM 06-12 TOWNE ROAD INST. NO. 200500038056, DATED JUNE 8, 2005 HAMILTON 29 INST. NO. 2007056789, DATED SEPTEMBER 25, 2007(SELl-0FF: TOWNSHIP: 18 NORTH RANGE: 3 EAST THIS PlAT WAS PREPARED FROM PUBUC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.l EXHIBIT "B" SHEET 2 OF 2 RIGHT-OF-WAY PARCEL PLAT Prepared for the City of cannel by: AMERICAN STRUCTUREPOINT INC ----------'----"I Point North East Station Offset (. 210 See Location Control Route Survey Plat 212 213 226 101 113526.6958 103256.6972 +PL(98+ 76.73) 70'U. A 103 113856.6967 103256.8859 +PL(102+06.73) 70'U. A SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "location Control Route Survey· recorded as Inst. No. 2007049661 In the Office of the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by reference, comprise a Route Survey executed In accordance with Indiana Administrative Code 865 lAC 1-12 ("Rule 12"). ~LH!fJ::" 1/7/~ Tracy L. McGill date Reg. Land Surveyor No. LS20500009 State of Indiana NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. ) OWNER: INDIANA LAND DEVELOPMENT CORPORATION DRAWN BY: JDH PARCEL: 21 CHECKED BY: TLM PROJECT: 06-12 ROAD: TOWNE ROAD COUNTY: HAMILTON SECTION: 29 TOWNSHIP: 18 NORTH RANGE: 3 EAST AMERICAN STRUCTUREPOINT, INC PROJECT NO. INlOO4D222 THIS PLAT WAS PREPARED FROM PUBUC DOCUMENTS AND NOT CHECKED BY AFIElD SURVEY.l~ l (13:J~Vd O~mrn3nD DNINIVWffiI) Al~3dO~d DNINIVWffiI dO NOIldnI:JS3G lVD31 :J lIHIHX3 EXHIBITC LEGAL DESCRIPTION OF REMAINING PROPERTY (REMAINING GUERRERO PARCEL) Part ofthe Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Begin 20 rods South of the northwest corner of the Southeast Quarter of the Northeast Quarter and run South 20 rods, East 80 rods, thence North 20 rods, thence West 80 rods to the place of beginning, containing 10 acres, more or less. less the following described Property: Project: ~12 Sb.ect 1 of 1 1>1108121 ~..sin1'p~C:-. A part of the SouthellJt Quaacr of the Nortbout Quarter of Section 29, Townsbip 18 Nol1h, Raoao 3 Bast. H8uw1Ol1 County. Indiana, and being that part of the snnmr" land Iylna wflbin tho right otway lines depic~ on the attached Right ofWtIy P~I Plat, iruarked iXHIBrr "B", do&eribcd IS fullows: BoginDing at the norfheaat comer ofdll~Southcmt Quuter ortho Nertbeast Quarter ofa.id section: thcmcc South 0 dogreca 1 minute S8 seconds Woat 330.00 fect Il\ona the O8IIt line of Sldd quarter-quarter sCction to the eoutb tine of die gnmtor', 1aDd; thoncc South 89 dosreea 12 minutos 55 seconds Woat 70.0) :feet aloog said aonb line to point "101"' designated OD said pJat; (honc:o North 0 dopos Ot minute 58 aeconda But 330J)O feot to 8 point 01\ the north Hno orpld quarter-qOctor section deaign$ld IS point "1m" on ,aid plat; tbence North 89 dogroea 12 mirrutes 58 8000Dds Bast 70.0 1 feet alcmi said DOJth line to tho cut JJne of said aeclioo to the polnl of beIbmIna and containing 0.530 1CI'08,"1Il0J'e or leas, iDcIuaive of tho pmODtly ox1IlhlS rfsht ot way which:tontalna 0.125 8CJe1, min Dr less, wI1b. a net addltional tnking of0.40S acrea, more or leae This descriptioD Wall preparccl for the City of Cannol by Traey L. McOiU, Indianll Registered Lane! Surveyor, Licl!lll.$O N\IIl1bcr LS2MOOOO9, on the "J'l' dlY ofJanuary. 2008. "( ~.;