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HomeMy WebLinkAboutBPW 091708 Paperless Packet City of Carmel Board of Public Works and Safety Meeting September 17, 2008 10 : 00 A .M . �C�py1" `'9 ,�� City of Cereal Olfice of the Clerk-Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, SEPTEMBER 17, 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 17, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS CITY BUSINESS. ONE CIV IC SQUA RE CARIIEL,INDIANA 4A32 3]1/57I 414 .fr/ USE OF CITY FACILITIES/STREETS a. Request to Use Gazebo and Common Areas; Wedding; Saturday, June 20, 2009 2:00 p.m. to 8:00 p.m.; Rehearsal June 19,2009 3:00 p.m. to 8:00 p.m.; Susannah Quandt h. Request to Use Gazebo and Common Areas; Holiday on the Square; Saturday, November 22. 2008; 9:00 a.m. to 9:00 p.m.; Michelle Krcmery, City of Cannel c. Request to Use Gazebo and Common Areas; Wedding; Saturday, October 4 2008; 2:00 p.m. to 6:00 p.m.; Suzanne Klein d. Request to Use Caucus Room (full); Seminar; Various dates; 6:30 p.m. to 8:30 p.m.; Cannel Hope Fellowship Church e. Request to Use Council Chambers: Meeting; Tuesday, October 14, 2008; 6:00 p.m. to 7:30 p.m.; Creekside Homeowners Association 1. Request to Use City Streets; 51( Run/Walk; Saturday, October 11, 2008; 8:00 a.m. to 11 :00 a.m.; Meredith Marrs g. Request to Use City Streets; 7K Run/Walk; Saturday, October 25, 2008; 8:30 a.m. to 11:00 a.m.; FAME, Sherry Branam h. Request to Use City Streets; Event; Saturday, September 20, 2008; 6:00 a.m. to Midnight; Sherry Mielke, Carmel Redevelopment Commission i. Request to Use City Streets; Neighborhood Social; Sunday, September 28, 2008; 4:00 p.m. to 9:00 p.m.; Woodfield l-lomeowners Association 6. OTHER I a. Request for Water and Sanitary Sewer Availability; Opus Landmark Meridian, Building 112; Graham Lewis, Cripe Engineers 1 h. Request for Final Plat Approval; Village Green Town homes, Section 1/Block C; Brady Kuhn, Weihe Engineers c. Request for Secondary Replat Approval; Hayden Run, Section 2; / Dennis Olmstead, Stoeppelwerth & Associates { d. Request for Secondary Plat Approval; Hayden Run, Section 3; Dennis Olmstead, Stoeppelwerth & Associates ✓ e. Request for Sidewalk/Parking Space Closure; Andrew Stokely, Barrett & Stokely pce (citic-i of 9L g /f. Request for Dedication of Right of Way; Guilford Patio Homes; , James Shields, Weihe Engineers /g. Request for Water Reimbursement; (S199,584.00); Platinum Properties,John Duffy, Director of the Department of Utilities 7. ADJOURNMENT Bid Opening for the Main Street Sidepath Project Mayor Brainard opened and read the bids aloud Company Amount Hunt Paving S498.339 00 Yardberry Landscape $361,160.00 Poindexter $398,814.50 Calumet 5505,845.00 Dawson, Inc $595,530.00 The bids were given to Alike McBride.for review and recommendation. Bid Award for the Cool Creek Trail; (Calumet - S1 210,103.00); this was the lowest and most responsive hid Mayor Brainard moved to approve. Board member Burke seconded. Request approved 3-0. Bid Award for the l''Avenue SW Drainage and Street Improvements; (Calumet - $574,420.63); This was the lowest and most responsive hid; Mayor Brainard moved to approve. Board member Burke seconded Request approved 3-0. PERFORMANCE RELEASES Resolution No. BPW-09-03-08-02; Pinnacle Point; Erosion Control, Board Member Burke moved to approve. Board Member Watson seconded Request approved 3-0. Resolution No. BPW-09-03-08-04; Claybourne, Section 3; Interior Sidewalks, Board Member Burke moved to approve. Board Member Wat.con.seconded Request approved 3-0. CONTRACTS Request for Purchase of Goods and Services; Gridlock Traffic Systems, Mc; (Bid Award- $117,491.262; Board Member Burke moved to approve. Board Member Watson seconded Request approved 3-0. Request for Purchase of Goods and Services; Calumet Civil Contractors; (Bid Award- $1,210,103.00); Board Member Burke moved to approve. Board Member Watson seconded Request approved 3-0. Request for Purchase of Goods and Services; Calumet Civil Contractors; (Bid A ward- $574,420.63); Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; Institute for Public Safety; Board Member Burke moved to approve. Board Member Watson seconded Request approved 3-0. OTHER Resolution No. BPW 09-03-08-01; A Resolution ofthe City of Carmel Board of Public. Works and Safety Ratifying the City Attorney's Signature on Engagement Letter; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Resolution No. BPW-09-03-08-03; A Resolution of the Board of Public Works and Safety fir the City of Carmel, Indiana Approving the Assignment of Equipment fbr the Carmel Fire Department to the Indiana Bond Bank; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for School Resource Officer Agreement; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Consent to Access Property; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Release of Easement; Meridian Mile Association, Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Secondary Plat Approval; Heather Knoll, Section 3A; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request Jew Water and Sanitary Sewer Availability; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Residential Curb Cut; 3313 East 1266 Street; Mayor Brainard moved to approve. Board Member Burke seconded Request approved 3-0. Request for Open Pavement Cut; Guilford Patio Homes; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request for Open Pavement Cut/Lane Closure; City Center Drive; Mayor Brainard moved to approve. Board Member Burke seconded Request approved 3-0. Request for Dedication of Right of Way; Towne Road Right of Way; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. ADJOURNMENT Mayor Brainard adjourned the Meeting at 10;20 a.m. Diana L. C'ordray, 'AMC NOTICE TO BIDDERS CITY OF CARMEL Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana, will receive sealed bids for 9,000 tons treated sale (sodium Chloride), during regular business hours: up to, but not later than 10 .00 A.M. local time September 171h, 2008 at the office of the Clerk-Treasurer, One Civic Square, 3rd Floor, Carmel, Indiana, 46032, 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. General Form No. 95 must be completed and filed as a part of the bid package. All bids are to be sealed with the word "DID — 2008/2009 SALT" on the lower left hand corner of the envelope. All persons interested in bidding shall register a contact name and address with the Street Department to ensure that all changes or questions and answers are available for review by all interested parties. The specifications are set forth in detailed documents on file at the Carmel Street Department, 3400 W. 1315' Street, Westfield, IN 46074. Questions regarding this solicitation must be written and delivered to the Carmel Street Department. All responses will be written and made available with the specifications at the Street Department. Please call the Street Department to confirm whether or not any such written questions and/or responses exist. The submitted proposal must be in compliance with IC 36-1-9 et seq. The Board of Public Works and Safety reserves the right to reject any and all bids. Diana L Cordray, Clerk-Treasurer Please publish August 29'" and September 51h, 2008. To: Board of Public Works Date: September 17, 2008 and Safety City of Carmel, Indiana Resolution No: BPW-09-17-08-01 Principal: East Carmel, LLC From: City Engineer Surety: Bond Safeguard Insurance Co Board Members: I have conducted final inspection of Legacy Master Infrastructure Proje. for the following improvements: ITEM Bond Number AMOUNT Sanitary Sewers 5028504 $ 719,370.00 Storm Drainage 5028506 $ 105,710.00 The above Lnprovements have been:Completed and are acceptable to the Cit.: of Carmel. I recommend acceptance of-said improvements, subject to. t.he following conditions: 1. Maintenance Guarantees in the amount of 15% of the Performance amouni for Streets and Curb 3 Gutters, be filed with the City of Carmel, sa: 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: City Engineer Be it resolved by the Board of Public Works and Safety, City of Carmel, Indiana on this 17th day of September 20 08 , that the Performance bonds for Legacy Master Infrastructure 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 Maintenant bonds shall be the same date as this resolution. Signed: Board of Public Works and Safety 41_ �. h app ..r. Platinum - Properties August 4,2008 •r City of Carmel '14 Board of Public Works and Safety CO Department of Engineering N One Chic Square Carmel, Indiana 46032 r-i ■ RE: The Legacy Master Infrastructure Phase 1 Performance Release Request Dear Board Members: Please accept this letter as our formal request for the release of performance bonds related to completed • Improvements at the above referenced project. We are cunently requesting release of the following bonds: #8O,,T5.08 R�4LMCL�77 $rGr• • No. 5028504; The Legacy Master Infrastructure Phase t; Sanitary Sewer in the amount of $719,370.00, • No. 5028506; The Legacy Master Infrastructure Phase 1; Storm Drainage in the amount of t. , $105,710.00. .' ,1 All of the work has been substantially completed. :` Sincerely 1/26 (yy. r. • Timothy J.Waller,P.E. Senior Project Manager Cc: Heather Beck,Sdreers Incorporated. • Steve Edwards,Platinum Properties,LLC. File. . r - A- 317 8162900 . 317 863-2055 In 9757 West<mint Drive, Suite 600 • Irufanapoit, IN 46256 `• NEW AGENDA ITEM Today's Date: / f CITY COUNCIL (Original and 8 Copies) ` E-Mail All Ordinances and Resolutions (Include any Exhibits) to Lois Fine " BOARD OF PUBLIC WORKS and(Original g 5 Copies) Check One: ADD-ON EXT MEETING: 65'1 / / rj/O (Date) FUTURE MEETING: / / (Date) Sponsor: (Person to be Listed on Agenda) 4 Desert •tion of Item: I Any Special Instructions: (Special Equiprnent Needed, Verbal Presentation, Etc.) MEMORANDUM TO: Doug Haney, City Attorney; Board of Public Works and Safety FROM: Thomas D. Perkins, Assistant City Attorney CI De RE: Sensory Technologies contract DATE: September 9, 2008 The City determined that it was necessary to upgrade and replace certain mechanical and electronic items in the Council Chambers. The initial expected cost of these items was under $50,000, although the installation and additional hardware increased the cost to$56,215. To purchase and install the upgraded products, the Department of Administration seeks to enter into a contract with Sensory Technologies. This contract was not put to bid for two reasons: it was not a public works contract; and, the goods and related services are for technical equipment that requires compatibility with existing equipment. This contract is not for a"Public Work." Indiana Code § 36-1-12-2, in pertinent part, defines a Public Work is defined as the "construction, reconstruction, alteration, or renovation of a public building." There are no reported cases farther defining "alteration" or "renovation." In the absence of any clear authority, it is reasonable to infer that a Public Work involves a substantial physical change to the public building. The goods and services contemplated under this contract are to replace and upgrade obsolete andlor less effective audiovisual equipment. Because these products and services do not relate to renovation of the building as a whole, it is not a Public Work as understood by the statute. A substantial consideration in the purchase of the products and services under this contract is the compatibility of equipment, accessories and related parts. Under Indiana Code § 5-22-10-8. where such compatibility of equipment is a substantial consideration, and only one source meets the agency's reasonable requirements, it is not necessary to submit the project to a bid. Sensory Technologies did the initial installation of the equipment, and is therefore familiar with the existing items and the entire audiovisual system. Therefore, Sensory Technologies is in a unique position to effectively upgrade and replace the necessary components, which is a reasonable requirement. In my opinion, for the above reasons, and especially because the contract with Sensory Technologies is not for a Public Work, said contract does not require competitive bidding under Indiana law. City INDIANA RETAIL TAX EXEMPT l PAGE I fl of ��j',I' '.(�� CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER ���11�../// lL "`���J/� .++1.LL.L�3r Y FEDERAL EXCISE TAX EXEMPT - 35-60000972 a CO ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SL FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997 SHIPPING LABELS AND ANY CQRBEGPONDer JRCHASE ORDER DATE DATE REQUIRED REQUISITION NO- VENDOR NO. DESCRIPTION - lS -ag SgeIts so?y T�1 /oo/csies VENDOR (fl IS/ Coke )F? 1 C Cr rzc Ie SHIP TO 54 ; 3-afp o is , J ilk;; ?t ONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE! DESCRIPTION UNIT PRICE I EXTENSION �\ R P U.d1'eo , 5 egg u f"S6., air 4-1 Vii`' j ``r r L. t Vim. f lii ;`k !ask • X11 r. 1z�T - � �, 4 r0 Cg. G Send Invoice To: Ttli,2 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT I PROJECT PROJECT ACCOUNT AMOUNT (� O S— (0q3 PAYMENT S6., i2IS • AP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS TUE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS • HEREBY APPR , I NSjTHEREIS AN U LEGATED BALANCE ODE -SHIP REPAID. THIS APPR L SUFFICIENT TO PA FOR THE ABOVE ORDER. •C o D_SHIPMENTS CANNOT BE ACCEPTED_ ORDERED BY • PURCHASE LAUELS. NUMBER MUST APPEAR ON ALL 3 N ✓ ' SNIPPING LADELS, •THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 9g,ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO_ 18 4 61 CLERK-TREASURER DOCUMENT CONTROL NO. - VENDOR COPY Sensory Technolpgies Maintenance Department—2008 Video and Sound Equipment Upgrade Appropriation#1205-645; P.O.#18461 APPROVED AS To Contract Not To Exceed 556,215,00 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 Sensory Technologies 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 1205-645 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 Forty Seven Thousand Five Hundred Ninety Five Dollars ($47,595.00 ) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. �Z?£6aWMYo4'+n,a,mA'nf�rlooe smnrcrlIRSYlSUSeryTa,COhS6R.]li&S 'i ,,auc S.'2 11A 3:14 rkIJ 1 Sensory Technologies Maintenance Department—2008 Video and Sound Equipment Upgrade Appropriation#1205-645; P.O. #18461 Contract Not To Exceed $56,215.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct. a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services, 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such Hen 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. 1jB.xNA'pneomttn.NlOfO,cinnil$cncelRW 3VS ,ry7aMn]nRic GnM,S S, cmdmf.'.Rf/(J]p]RR,1<PMI 2 Sensory Technologies Maintenance Department—2008 Video and Sound Equipment Upgrade Appropriation#1205-645: P.O. #18461 Contract Not To Exceed$56,215.00 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents. officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 13. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its 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. (].11E Baz8AM 0..cumunNPdsinoL Smn':ee\]f1GnS s,xy TZLnNOye G,,d, Smnvv,{ ,f1n2ffl 2:'4 PM] Sensory Technologies Maintenance Department—2008 Video and Sound Equipment Upgrade Appropriation#1205-645; P.O.#18461 Contract Not To Exceed$56,215.00 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17 NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Jeff Barnes AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Sensory Technologies 6951 Corporate Circle Indianapolis, Indiana 46278 Telephone: 317-347-5252 E-Mail: 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. 2+ ,zD ,,um',N,nl,' ' iSniL41voossw.O,rT�t&ioeie,GMns xse,;Ltu„.vzdxwa z_li IMl 4 Sensory Technologies Maintenance Department 2008 Video and Sound Equipment Upgrade Appropriation#1205-645; P.O. #18461 Contract Not To Exceed$56.215.00 18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for 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. RF B&UAy Di, .. le'Plofa+imzl5mi[ MMlS m,uy Tt.tolugiu Good,GSunmdmnb2b'DOY 1',U PMI 5 Sensory Technologies Maintenance Department—200S Video and Sound Equipment Upgrade Appropriation#1205-645: P.O. #18461 Contract Not To Exceed$56,215.40 26. ENTRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest [remainder of page intentionally left blank] (LL BaVV..lylbmmoLLN,ac,!(,sl Srim3fS'Smwy T,ct, npc lmufG S,vI a..JiO2W2J7m Li i PM� 6 Sensory Technologies Maintenance Department-2008 Appropriation#1205-501. P.O. 4. 18461 Contract Not To Exceed $56,215.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Sensory Technologies by and through its Board of Public Works and Safety BY: BY: James Brainard, Presiding Officer Authorized Signature Date: pp Printed Name: DE2t� IA Q� Mary Ann Burke, Member Title: ?r, n r . 0,1 Date: FID/TIN: 2 o - H 9 3 8 7 7 Lori S. Watson, Member SSN if Sole Proprietor: Date: Date: 7/a 5 / o g ATTEST: Diana Cordray, 1AMC, Clerk-Treasurer Date: (P.i1E Flaw iMy OnurnmislPnl¢vitIul SOeiCO.FORMR■Mftl'ainnni 5n1nv FURS.RCS PM?,.1e :812111[11;'_N AM] —7— • Proposal ** 612312008 Project Number: 128321N 4rh ; . :_.-.. setisorytechnotogles City of Carmel A MARKEY'S VIDEO IMAGES COMPANY Council Chambers Installation 6951 Corporate Circle Indianapolis, IN 46278 317-347-5252 Fx 317-347-5262 r - _ ,.,„._lay_;; PraposaI to_„�., ,�,,r: "', t �° e2` • Protect Site --al..-- .._. _..__..:-.,_I City of Carmel City of Carmel 1 Civic Square Carmel, IN 46032 1 Civic Square Carmel, IN 46032 Tel 317-571-2448 t]tYLUescnP4onl,y41 ' •r..,::i:, �,. ...,�..:, y..a :W -.�...�a:..:,..,.,.,.....Unit _Extended Upgrade Council Chambers -Installation Sensory Technologies will: Replace the 2 current projectors with new projectors. Re-wire the rack equipment. Replace the current document camera with a new unit. Replace and update the control system and programming. Replace and upgrade the audio processing system and programming. Replace the current cameras with 3-chip cameras. Display and Processing Installation Subtotal 5,900.00 Audio Processing Installation Subtotal 2,080.00 Camera Installation Subtotal 640-00 Installation Includes.: - Engineering& Design Services -Project Management Services -In-Shop Fabrication -System Installation Labor -User Training - Freight This •Proposal""is Valid for 50 Cays. Signature: Date. Project Total. $8,620..m000 6/2312008 Sensory Technologies Project. 128321NHIBIT {`V Page lit • i Peoposal . 61231200e Project Numbee r 12832 5- {,. sensorytechnologies City of Carmel A MARKEY'S VIDEO IMAGES COMPANY Council Chambers Upgrade 6951 Corporate Circle Indianapolis, IN 46278 317-347-5252 Fx 317-347-5262 nq ' _.. _.. .-_ e oposel.A- °+�,.5.. :� tw.._.�__�'htahl ;w»»+._.� ..,! �....Protect.Site- City of Carmel City of Carmel 1 Civic Square Carmel, I N 46032 1 Civic Square Carmel, IN 46032 Tel. 317-571-2448 pOty-iDescnptlon, 9 t,,, , v - ' to r * - Unit Pnce'_, .Extended; Upgrade Council Chambers - Equipment Sensory Technologies will Replace the 2 current projectors with new projectors. Re-wire the rack equipment. Replace the current document camera with a new unit. Replace and update the control system and programming. Replace and upgrade the audio processing system and programming. Replace the current cameras with 3-chip cameras. Display&Source 2 XGA, 4000 LUMENS, 1000.1 contrast ratio 15.6 LBS Networkable, 16 watts of audio 2 INVERTED CEILING MOUNT 2 mounting hardware 1 1CCD XGA Visualizer 1 IP -Installation Pans,Supplies, &Wiring Display&Source Subtotal 13,145.00 Processing &Control 1 NI-700, NETLINX INTEGRATED CON 1 NXT-1200V, 12" MODERO TABLETOP 1 PSN4 4, POWER SUPPLY, 4.4AMP, Programming &Software Development Processing&Control Subtotal ppppann��� #17-- 13,380.00 6/23/2008 Seneory Technologies Project'. 12610 EXHIBIT Page 1 ol 2 Extended:.. • Audio Processing 3 10 midline inputs&B midline outputs, 1 RU, DSP for conference applications such as boardrooms, courtrooms, and council chambers. 1 IP-Installation Parts, Supplies, &Wring 1 Shipping& Handling Audio Processing Subtotal 6,080.00 3-Chip Cameras 3 Sony's new Broadband Remote Camera,the BRC-300, is an entire category unto itself. It's Sony's first robotic camera to offer the quality of three individual mega pixel CCDs for brilliant resolution.Specifically designed for remote video-shooting applic 3 Wall Mount for BRC-300!BRC-H700 1 IP -Installation Parts, Supplies, &Wiring 1 Shipping&Handling Camera Subtotal 14,990.00 • -me"Proposal"is Valid for 60 Days, Signature: Date: Project Tota• $47,595 et 1 6123/2000 Sensory Technologies Project 12632 46 1- �. Ps. sf 2 • EXHIBIT B Invoice Date: Nance of Company: Address &Zip: Telephone No.: Fax Na: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident,Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage(any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability(owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Scheitlin Communications Conmmunity Relations Department -2008 APPpn a'' TO Appropriation# 1160-Mayor's 4341999; P.O. #13197 FORM Contract Not To Exceed$5,000.00 —� AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Scheitlin Communications (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. SCOPE OF SERVICES 21 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. [Z,E B¢,01].D.AmeigeLProf.,Rig Scrim 14J(it.SchniLm Nnicrional det4!112n08 418 PMl Schcitlin Communications Conmmunity Relations Department-2008 Appropriation# 1160-Mayor's 4341999; P.O. #13197 Contract Not To Exceed$5,000.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number I160- Mayor's 4341999 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONALS RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at ali times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall he no more than Five Thousand Dollars (55,000.00) (the `Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same, or be subject to a late charge of one percent (1 Ye) of such unpaid and undisputed invoice amount for each month same remains unpaid. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. LEE RiMAy DnnmensVni,,'',u.hI sv».o 2iX,Srhoilin C,mmun Irriimv Th,l,.u'al S nrc.,der WILPIKIN 4.1d Scheitlin Communications Community Relations Department-2008 Appropriation# 1160-Mayor's 4341999; P.O. #13197 Contract Not To Exceed$5,000.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, 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. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1 . I The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty(30) days' notice. 7.1 .2 The obligation to provide all or any portion of the Services under this Agreement may he terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are hound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. [Z:IE HeisN.ly Iliwvmmc FruIv ion al St*,ee.]011£1500llyl fArC➢IW C•ilmi Itofcumnl 5mireiaLi:122IM 4:1$PFIy Scheillin Conununications Conmmunity Relations Department -2008 Appropriation ti 1 160-Mayor's 4341999; P.O. #13197 Contract Not To Exceed$5,000.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of 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 on attached Exhibit C. Such insurance policies shall not he canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (I 0) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or(d) becomes insolvent, files, or has filed against it, a petition for 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 terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. VF?£A6ulN,DOOrnraP,rmficsion.l 5 '4c a 2 fl I•Zc}drum Cemmwluaima Anfe'imil Sur,J....9J U$UX 4:1w rut Scheitlin Communications Conmmunity Relations Department-2008 Appropriation# 1160-Mayor's 4341999: P.O-#13197 Contract Not To Exceed$5,000,00 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.12 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Cannel Douglas C. Haney Department of Administration Carmel City Attorney One Civic Square One Civic Square Carmel, Indiana 46032 Cannel,Indiana 46032 ATTENTION: Nancy Heck PROFESSIONAL: Schcitlin Communications 330 N. Rangeline Road Carmel, Indiana 46032 ATTENTION: Barbara Scheitlin Smith Z'.�By¢9My Bneurnin ndrssiunnl Sen2I10 A'SchSBB G.mmunirrtinnc Pm&innnl Sv.F.d.c;ef1n0b4.11!'n45 Scheit11n Communications Conmmunity Relations Department-2008 Appropriation 4 1160-Mayor's 4341999; P.O.#13197 Contract Not To Exceed$5,000.00 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.13 Effective Date. The effective date ("Effective Date") of this Agreement shall he the date on which the last of the parties hereto executes same. 7.14 Governing Law; Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Cannel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file 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. 7.15 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.16 Non-Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.18 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may he. ft!1F B.R.0.1y0,9mematofesvola0 S miea 670ORL rilm[ommw¢H ins Pmk,slonal S u,ium d. :922G16 age Fn6 Scheitlin Communications Conmmunity Relations Department-2008 Appropriation N. 1160-Mayor's 4341999; P.O. #13197 Contract Not To Exceed S5,000.00 7.19 Headings. All headings 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 7.20 Advice of Counsel, The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.21 Copyright. City acknowledges that various materials which may be used andlor generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.22 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perfomn such services. 7.23 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and_ activities. 7.24 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. IZ''P H¢r'M,Oiaynwayfm ennoJ Serve LOR1Sr8J0m[nmmw'wimx HofmioaaL 9w+¢a Ann9W2(J 4:Th PM7 Scheitlin Communications Conmmunity Relations Department-2008 Appropriation# 1160-Mayor's 4341999; P.O.#13197 Contract.Not To Exceed $5,000.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA SCHEITLIN COMMUNICATIONS by and through its Board of Public Works and Safety BY: BY: James Brainard, Presiding Officer Authorized gignature Date: Printed Name: to c5Lt--a The t 1`4 Mary Ann Burke, Member Tide: Date: FID/TIN: •�jsm /656-/a Lori S. Watson, Member SSN if Sole oopri tor: Date: Date: ���y� ATTEST: Diana Cordray, IAMC, Clerk-Treasurer Date: [21h Rii,My D ,'mm Otnic•imual CesiceSIWFStheiliu Cunvnicenss Flea L., Se.gaiAm.Y.W200B 4;18 mg Exhibit A The City of Carmel Web Redevelopment Prepared for: Nancy Heck August 27, 2008 Overview: The City of Carmel has begun researching options to update its web site for it to be more 714 user-friendly, interactive and attractive while providing the city with control through content 8 ;9 4, management tools, video archiving, easy press releases, email sign-ups, full site searches, a • ,, simple calendar of events, and other features. `C' The current site is significantly more than 100 pages with a number of links and downloadable pdf files containing relevant information for residents and businesses in the City of Carmel. The web site is in its existing structure is somewhat difficult to navigate and Scheitlin does not reflect the City of Carmel's appeal and charm. Carmel desires an updated web site which includes the following features and/or CIllInlflIC3IICIlS functionality: • Community calendar with search function • Data input and content management capabilities • Online signup for email updates of various city functions/news • Search function for the site • Video features which include archiving and downloads • Access to video pages of Cable Channel 16 archives • Press release function easily transferred to email for outreach • Podcasts • Easily-accessible information for all audiences The updated site needs to be conservative and family-oriented, with a small-town feel highlighting neighborhood events. The new web site should provide information (not entertainment) that flows all aspects of Carmel together:job, family, schools, etc. Carmel's web site should have a strong visual appeal with numerous photos demonstrating that the city truly is the best place to live,work and raise a family. Reconvnlendation: Scheitlin feels that we can best serve the interests of the City of Carmel and its web site redevelopment project by helping research, define, organize and recommend content for the updated web site. This will delineate the needs for the site more clearly and help with ultimate selection of the most appropriate content management tools, interactivity features, video archiving resources, and other site requirements. Scheitlin Communi cations. Inc. 330 N.Rangeline Road Carmel,IN 36032 317-S46-3399 www.scheitlin.eq 1 "FXHIB1T it 6 v IN Scheitlin proposes that we work with the City of Carmel to: /)Define and recommend site content and organization: • Define content for the City of Cannel's existing web site • Research comparable city sites with in-depth analysis targeted cities for content organization, management.tool systems and visual approach • Provide comparison of content and organization between select cities and existing content for the City of Carmel • Consider needs of target audiences and key information needed for each user group • Develop recommendations for City of Carmel web site regarding: o Content—existing and potential additions o Content requiring regular updates o Consolidation of information o Organization of information and placement within site o Features and functionality • Provide research, copywriting and copy editing for the web site, including development and finalization of content • Develop web site architecture (organizational flow chart and grid structure for the new site with recommended links) 2,) Research and recommend options for content management and video archiving: • Research content management systems based on desired content and functionality • Recommend potential options for the City of Carmel which readily incorporate video archiving (i.e., Granicus) • Review specifications for an RFQ for content management software 3) Provide general web development consulting and project management for the City of Cannel Community Relations: • Coordinate web development project components as needed for the office of Community Relations • Research and advise on planning, process, components and considerations for web development for the City of Cannel web site Scheitlin will provide its professional services at the following hourly fee schedule: $ 100/hour Project management/consultation $ 75/hour Research/copywriting/copy editing $ 50/hour Data entry/proofreading An accounting of time, services and completed deliverables will be provided to the City of Cannel monthly.Terms are invoices payable to Scheitlin Communications,Inc. upon receipt, with billing monthly on the basis of work-to-date. Balances past 30 days are subject to service charges. Scheitlin is a certified WISE in the State of Indiana. The City of Carmel is a thriving community offering incredible resources and experiences for all who live, work and visit here. We look forward to helping lay a strong foundation for its online presence and portal to the world. Thank you for this opportunity! Barb Scheitlin Smith Rachel Jackson President Account Executive barbs(alscheitlin.com racheli(a.scheitlin.com Scheilhn Communications,Inc. 330 N.Rangehne Road Carmel,IN 46032 317-846-3399 w aw.scheitln .0m "EXHIBIT ?/ " EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) flours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability(owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 C � o f Carmel INDIANA RETAIL TAX EXEMPT 155 00 PAGE JTjJ• 1fi• CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE DX 972 EXEMPT I ICI phe ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, CARMEL, INDIANA 45032-2584 VOUCHER, DELIVERY MEMO, PACKING SL FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997 SHIPPING LABELS AND ANY coRRBSaDNDSr IRCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION C� ' �—hahs N°-��y cps ti ` \ �^r ` SHIP Lib 1�elA s�t�.S JENDOR 330 N . Rthne L-1 net RJ • TO i_C-:-.1111.C. 31 �. c�.,r �. ,zN Lkb032 C&r Mme ; o3z )NFIRMATION BLANKET I CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNI'1 OF MEASURE DESCRIPTION TCQ•n IMF M ! I P ICE EXTENSION •Nor ed- SQ-X V sc�5 -Cor Cansu se•-rv∎c-e•s -Cor webst4e- rtdesnn i 5,Mb• oc qii ) If ILI t e 11 �f' g.e Send Invoice TO: r--- . �j77 72",2 ( 7 3S 1000. co PLEASE INVOICE IN DUPLICATE 1 DEPARTMENT ACCOUNT I ` q p q PROJECT PROJECT ACCOUNT AMOUNT 1 ' 60 — May DC 'S 4 91 i ` ` l PAYMENT • AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO. Orh�L N a COC • NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED, SHIPPING INSTRUCTIONS CppC • I HEREBY CERTIFY THAT THERE ISANUNOBLIGATED BALANCE IN /�] THIS APPRORRIAi TENT TO PAY OR THE ABOVE ORDER. • SHIP REPAID. • COD.SHIPMENTS CANNOT BE ACCEPTED, ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. _ • THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE �� • AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK-TREASURER DOCUMENT CONTROL NO.'S. 3 1 Q 7 VENDOR COPY ft { ff. 6. jl t CITY OF CARMEL TO: Steve Varner CONTRACT CHANGE ORDER NO.:2 E &B Paving Inc. DATE:September 8,2008 17042 Middletown Ave. PROJECT NAME:131st Street Towne Road to Shelbome Road Noblesville, In 46060 PROJECT#08-10 CITY REQ. NO.: CITY PO NO.: CITY PO DATE: APPROYCD AS TO FORM BY L '2t -d . 1. 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 Table $419.15 0 Days 11. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: N/A W.A.C.NO.: N/A_ Other: The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $2,381,470.06 Contract Price will be increased/decreased by this Change Order $419.15 New Contract Price including this Change Order $2.381.889.21 Contract Time prior to this Change Order Days 9/2912008 Completion Date Net increased/decreased resulting from this Change Order 0 Days Current Contract Time including this Change Order Days 9/29/2008 Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Approved Recommended Accepted CROSSROAD ENGINEERS E & B Paving Inc. ENGINEER CONTRACTOR James Brainard, May r 3417 Sherman Drive 17042 Middletown Ave. J)/�i 2776 Address Address Michael McBride,City Engineer Beech Grove, IN 46107 Noblesville, In 46060 City/State/Zip City/ p.`e?�^�/ Mary Ann Burke, Member Lori Watson,Member Bv:Derrick _. Bv:Ron Richmond ATTEST: Phone: 317-780-1555 Phone: 317-773-4132 Diana Cordray, Clerk-Treasurer Date: 9/8/08 Date: 9/8/08 Date: 1 CITY OF CARMEL 131st Street Towne Road to Shelborne Road Project#06-10 CHANGE ORDER TABLE ORIGINAL ORIGINAL FINAL FINAL ITEM NO. DESCRIPTION UNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT OVER/UNDER 16 Fence, Farm Field, Remove $4.00 311 $1,244.00 204 $816.00 -$428.00 21 Subgrade Treatment, Type 1 $3.95 26539 $104,829.05 25025 $98,848.75 -$5,980.30 34 Fence, Split Rail, Reset $22.50 235 $5,287.50 0 $0.00 -$5,287.50 68 Pipe Type 1, Deformed, Min Area 5.1SQFT $100.00 114 $11,400.00 104.7 $10,470.00 -$930.00 '118 Decorative Street Signs $2,112.20 0 $0.00 6 $12,673.20 $12,673.20 '119 Geogrid $5.05 0 $0.00 83 $419.15 $419.15 TOTALO CHANGE.ORDRITEMS'� ^?'"¢ zy K f`� '451'22760:55 s` `5.01 t j x``$123 22710 4 $466 55 TOTAL ORIGINAL CONTRACT PLUS CHANGE ORDER ITEMS ORIGINAL CONTRACT PRICE $2,381,422.66 CHANGE ORDER#1 $47.40 CHANGE ORDER#2 $419.15 NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS $2,381,889.21 * Indicates additional item added to the contract. CI'T'Y OF CARMEL FACILITY USE REQUEST FORM Name/Organization: S.cc\c '\" \_IX(CnOO L Point of Contact: :'-,0sG{] - 0If\ Duo _-F Address: I S 'DC )? L( eiO 0 4- . City, State, Zip: C Ol rvt I T .1 ) 4( &39 i Home Phone: jar 1) 5Dc1 • 'SOt-I '' Work Phone: ( ) Cell Phone: Pu 1 - aq 1 Fax Number ( ) For Profit Organization: Non-Profit Organization: Individual: `r./7---- Day and Dade Requested: `] ii fl Q a D act G lime Requested: 2 a.m, p.m, to: 8' a.m./llh.n1 (This includes set-up and clean-up time.) Rehearsal Date: (.0_ ACT (;R Time: 3 a.m /r1) to se a,m p.m• City Facility Requested: Gazebo I! Fountain Area ✓ Caucus Room (1/3) (2/3) Council Chambers — Special Requests: Electricity ✓ Fountain Restroom ✓" Other Purpose: _ Q6L .,,c_) CQ re(itoc\7 Number of People Expected: ! 0CTh 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. Received this n fi ' day ofi.0 9'/e,nher`-, 200 S, by the Office of the Mayor. Mayor's Office Revised: 01/07 ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Cannel, Indiana ("City") Facility Use Policy and agree to be bound by the terms and conditions set forth therein. I will lease 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 he the City as a result of my use of a City facility. 1 hereby certify that I,and the organization I represent.if applicable,agree to he hound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon ms-lour 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 F60J2. Approved this day of , 200 �^ CITY OF CARMEL, INDIANA >l A•CfV1l16t 1 L' By and "Through its Board of Public Works and Safety Name of Organization/Applicant arra r Signature of Authorized Agent/ James Brainard, Presiding Officer Applicant kk Date: Printed Name and Title(If applicable) Mary Ann Burke,Member Date: Qottwt) Q C 1+ 3') Address of Organization/Applicant Lori Watson, Member [l I n (X� Date: Dal c IH (( 1 (p V ATTEST: Diana L. Cordray,IAMC, Clerk-Treasurer Date: Special Conditions: - CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: C�4-1 O.c CartYlp j —1 1 + . 0-f at) rrti&n y kt1 0i'LS Point of Contact: M Krcrne,(- Y Address: one C:I ic. ,Scyl.r_o City, State, Zip: C� Axn j e JEN) Lib°?j2_ Home Phone: (-50) $y — 153+ Work Phone: (31}) 51- I - 2-19 S Cell Phone: (313) 3—°iblot/ Fax Number (3i?) 8'4'4 - 3H`l(3 (7pVa nlctn- For Profit Organization: Non-Profit Organization: X Individual: Day and Date Requested: 34d-txfCh0.m ) �}O iexr be-c ` ..22 oc? Time Requested: I a.m3ip.m. to: CA a.m p.m. This includes set-up and clean-up time.) Rehearsal Date: n/q Time: a.m./p.m. to a.m./p.m. City Facility Requested: Gazebo Fountain Area X' Caucus Room (1/3)_ (2/3) Council Chambers Special Requests: Electricity X Fountain Restroom Other Purpose: ko\1A0.4 I nn &. Number of People Expected: 1 [.)CG -\ SCO Vendors: Yes No X (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) YES— Ci V t G Sctsle -, Cl CALL. LPt Neighborhood Street Closing(Street(s), Address(es) Blocked) (-EDrn4 PI 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 g ti' day of3epttmher , 200 8 , 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 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 '1 200_ • CITY OF CARMEL, INDIANA (t; +y 0-C -(Arm ,' By and Through its Board of Public Works and Safety Name of Organization/Applicant � Xi" Signature of Authorized Agent/ James Brainard, Presiding Officer Applicant Date: en-)t'nan It M c\nt\\e ccme,r +;oIlS Printed Name and Title(If plicable) Mary Ann Burke, Member Date: F)(:),“.Aft CAL(PAPA Tti Address of Organization/Applicant I Lori Watson, Member Date: Date: °\/5/0 8' ATTEST: Diana L. Cordray,IAMC,Clerk-Treasurer Date: Special Conditions: CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: SWZPO ' ` e, I Point of Contact: /'� k { c P lNQ� Address: a0 1 ` t"oW `-'ouc I / ,- City, State, Zip: affirm e,L _L_� IL'-�1- c J3.t ^^ Home Phone: ( ) - -1 Work Phone:) pD 144*--�C:faO Cell Phone: ' - 702-4I I 7 Fax Number ( ) For Profit Organization: Non-Profit Organization: Individual: Day and Date Requested: 0 ' a % • • Time Requested: '/1 a.ml/p o: �a.m his 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: 1,0e,e-IctIAQ Number of People Expected: �O 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. Received this .3rclday of Se fie lbtr200-y, by the Office of the Mayor. Mayor's Office Revised: 01/07 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 he 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_ SLa. / CITY OF CARMEL, INDIANA 4,!4Je � By and Through its Board of Public Works and Safety Name of Organization/Applicant AA k Signat e of Authorized Agent/ James Brainard, Presiding Officer Applicant Date: Printed Name and Title(If applicable) Mary Ann Burke, Member Date: Address of Organi t' n/ pliganY Lori Watson, Member I — t, Y ., Date:. Date: �Cf��Q✓// ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Date: Special Conditions: CITY OF CARMEL 1. FACILITY USE REQUEST FORM Name/Organization: 69ieiP1E2 7///O/E /f LLowc,q,A .5: lc- 6-7,/U,P&�/ Point of Contact: 4cyO -7I,EX A MR)E✓cz Address: /4'535 C4/E/ . City, State, Zip: __75u #:6o 33 Home Phone: (3/7) 565 -)/03rD Work Phone: ( )5.4016- 7 -ELI.. Cell Phone: (9305,1y -4W 35I Fax Number (76.5) 675-P,551 For Profit Organization: Non-Profit Organization: Individual: Day and Date Requested: / ARCN a2, , 9, // r/—� /. , a 3 , rit 5 (/ c,M d-(Vet g//c=,0iv65) Time Requested: 6:30 a.m ,(gyp to: $: 30 a.m.Y� (This includes set-up and clean-up time.) Rehearsal Date: Time: a.m./p.m. to a.m./p.m. City Facility Requested: Gazebo_ Fountain Area Caucus Room (1/3) ✓ (2/3) ✓ Council Chambers Special Requests: Electricity ✓ Fountain Restroom Other 7z5 Purpose: _4 rH {//FES'rti -c n1,dARNumber of People Expected: 30-90 74WJb �8te5 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..l Received this jr-o/ day of Sap) , 200 , by the Office of the Mayor. Mayor's Office Revised: 01/07 �.: 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 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 C�R�neL CIO?C FEL-1-0&0511/p By and Through its Board of Public Works and Safety Name of Organization/Applicant /_ Sign -ure o Authorize A' � .lames Brainard, Presiding Officer Applicant Date: 74l . AA&UE Z Printed Name and Title(If applicable) Mary Ann Burke, Member / 535 C44REy Date: G4Rr1EL T/IJ `16°33 Address of Organization/Applicant Lori Watson, Member Date: Date: 9— 3 - O g ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Date: Special Conditions: CITY OF CARMEL FACILITY USE REQUEST FORM I iY Name/Organization: o rn e o ,1 F r 35 5 cc, Point of Contact: Ci a r let e a rY Address: J `7 I ? Cr. eeksJe — City, State, Zip: (1-a r e ) J o 32- Home Phone: (3)3. .5-1) "9 0 38 Work Phone: ( ) Cell Phone: (317) 4;0 , ISf O 5 Fax Number ( ) For Profit Organization: Non-Profit Organization: ✓ Individual: Day and Date Requested: T e s t 27 Jo ) e r lq J 'L e � F Time Requested:Re te 1 ov q a.m. to: 7; 3d a.m./6, (This includes set-up and clean-up time.) Rehearsal Date: Time: a.m./p.m. to a.m./p.m. City Facility Requested: Gazebo Fountain Area Caucus Room (1/3) — (2/3) Council Chambers vti Special Requests: Electricity Fountain Restroom Other Purpose: en uz I nl e e ?f--11- Number of People Expected: a 5 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. Received this .JrcL day of Serteml bra, 200 , by the Office of the Mayor. Mayor's Office Revised: 01/07 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 1,and the organization I represent, if applicable,agree to he 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 q,( CITY OF CARMEL,INDIANA ,1),-,„e e eA 5i C ,1),-,„e U ✓n{.,-,5 ) N SS C , By and Through its Board of Public Works and Safety Name of Organization/Applicant (I'LL dueriA,"„ii Signature of Authorized Agent! James Brainard, Presiding Officer IApplicant n Date: 2- POK ?Yof f 1r'hcc ,OICJ Printed Name and Title(If applicable) Mary Ann Burke, Member nn /� Date: J7/8 Crcek e. Li - l✓ l2rwel Address of Organization/Applicant y{,d-3 2, Lori Watson, Member Date: Q Date: 113/es ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Date: Special Conditions: CITY OF CARMEL FACILITY USE REQUEST FORM. Name/Organization: Trinity Free Clinic 5K Point of Contact: Meredith Marrs Address: 13456 Clifty Falls Dr. City, State, Zip: Carmel, IN 46032 Home Phone: 317-571-1456 Work Phone: 317-569-8523 Cell Phone: 317-379-2894 Fax Number 317-569-8524 For Profit Organization: Non-Profit Organization: _XX Individual: Day and Date Requested: Saturday —October 1 1 th, 2008 Time Requested: 0800 a.m./p.m. to: 1100 a.m./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_ Fountain Area Caucus Room (1/3) _(2/3) Council Chambers Special Requests: Electricity Fountain Restroom Other Purpose: Number of People Expected: Vendors: Yes No (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing(Large Events Only) Use of city streets—map attached Neighborhood Street Closing (Street(s), Address(es) Blocked) None 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. c� Received this a ncZ day of S ±enii.r, 200 O , by the Office of the Mayor. Mayor's Office Revised: 01/07 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 he 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-lip 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 he bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon myfou r 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 CARMIL,INDIANA Trinity Free Clinic I Meredith Marrs By and Through its Board of Public Works and Safety Name of OrgaP7nizaation/Applicant Signature of Authorized Agent/ James Brainard,Presiding Officer Applicant Date: - Printed Name and Title Of applicable) Mary Ann Burke,Member Dale. Address of Organization/Applicant Lori Watson,Member p Date: Dale: - - o ATTEST: Diana L. Cordray, IAM1MC,Clerk-Treasurer Date: Special Conditions: Trinity Free Clinic 5K Fun Run Course Map 9:00 AM October 11th, 2008 W 46 S . i ___ _. sr Jogging Path J OLMC Cana 3 1m ,in isl 1 S•f F ? . 3.1 milt, I ��. yy . . I ! r � .r} f 1 I , 's s �' I I i. lima— t'. `` Ben 0 ii iedik ter , Ilit n4tt f_14 i I ' r 1 mile , it 0 ..0 i=mod iI i I Nevi Y i r 9 Vt 1 812 miles = �� nE �; I141fivay Poi EI ,``.. ,.Sc. err g,�-e -�--;k_ . .„ CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: FAN' olicatGa_t mtSSIoVtS) Shexvy fa v-ai vi&772 - Zo( -307 9 Point of Contact: 6ka.vne. 1.1.11,-w11111 r2-t..V Address: PD. Box 3354e / 4545 Sou easf-qr✓1 Avt✓. City, State, Zip: il^dP15.J N 4c, 103 Home Phone: ( ) Work Phone: (3r ) 353- 2-480 Cell Phone: (317) 5Zq- G559 Fax Number nun 3,9F3- 2Jff53 For Profit Organization: Non-Profit Organization: V Individual: Day and Date Requested: oG4-ob4_f 2-6, 2-0013 (50-hty-olar) Time Requested: h:3 C> a.m./p.m. to: If ;CO a.m./p.m. (This includes set-up and clean-up time.) Rehearsal Date: / Time: a.m./p.m. to / a.m./p.m. City Facility equested: Gazebo_ Fountain Area_ — // Caucus Room (1/3)_ (2/3) Council Chambers Special quests: Electricity Fountain Restroom Other Purpose: 74< 1-uvxot 42tury ()Jalk Number of People Expected: 300 Ven rs: Yes No (If yes, please attach list of vendor(s) information.) Other Requests: City Street Closing (Large Events Only) v>°_ occtt-Cncli. lma f Neighborhood Street Closing (Street(s), Address(es) Blocked) Set (k.{+&cj' ej. VYlap 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. �7 Received this pl,not day of ...Cap-{-e+nbe1-, 200 b , by the Office of the Mayor. Mayor's Office Revised: 01/07 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 hound 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 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_ r „ CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety Name of Organization/Applicant ignature f Authorized Agent/ James Brainard, Presiding Officer Applicant Date: 5he-wt/ 3k-a-\o vr) Printed Namehtnd Title (If applicable) Mary Ann Burke, Member Date: Q.o. € y 3354$ 454-5 So LAt-vt �(tl e.— Address of Organization/Applicant-rod) rganization/Applicant v is . Lori Watson, Member i// �3 Date: Date: '7/WOO `T° ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Date: Special Conditions: ...._. F r 4 .1k7`'er '4 d' E 9 ef' SA # ¢ * *r * ill R `L ' t•4 - it. d x Tip r y usA !LK .. . +x-r. ..c - _. r•.r ... v r+.r: .h *. ..,,# *e* 44 '*`* T -T. . M TX* MAC+a ratan" S View Route Name: 1I1 t S Only/% ating. uurn-areal 1, Rating IDiS:ance: 4,35 mires i 7_00 km I Lecatian: Start: Hazel Dell Christian Church Cannel-Carmel,114,115 Attributes. loop, mostly na[, sidewalks Oestrptinn: -a I .+srvn 0 ' irj j .iJ _ EeetuSt ° I uics: •Map data C2W1 TeleAtlas-Tern:of Use Elevation Profile Click to view elevation profile 0 Total climb:0 feet/D m Total elevation ctlange:0 feel/0 m Added by Shane'Whybrew on 5/24/2007 Dt175CCUfMG4:LISA TF anv the aul6ror of Mrs route rockls no warranlies(a�.s m Me mndr[Inns,safety,erseanre accuraa,cr suieelrik[y ter running of Cris mute.Sun at you;orve nsk! • Betel Ylnin ai 4-ICiZei. } �yttrl5Tl0.sC,: C>,u,v(J'l `6,45o o^(��'�y,�J{>:>ygwm- r .lnc,All Fights geseived. 1, -Pei F wacv Statement my or use Omer ponies • riwL Saua1rl 0(4 a t-i l Pkwy /// ' 1L rle■ 1e f- DiL t `40i Drive c iurh t'1ok-� omit �/i`Vo 'ca Trod. r iri-ri. l _ h O Os Ja- Dr+vee 'Turin r l + c I,Dilotc[ufr brtiuc •• I Gin) t�� + o vot C l n t r r y Cr ete K I ve . 1 .l k i e J b o w S -/e ry c Tree /-/e. , R��-�k &i Cte.nr-v Trc l . a' I ukry `e : O v I Li- -th— G-hre- °lurv-L It.2— 6ri`o uz.cl Tut V a.rkw&y E e_attr -I44.i.te,1 t i•-'Gtrishr-ct Cilitaircie- http://www.usatflorglrouteslview.asp?rlD=157369 8/27/2007 r ,f CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: `.P,a1flikd Rtd-welopl /U- eory ? m1Ss10/1 Point of Contact: Shwa 01; cUce �{�,( CL�i( o- //1C,/ CQ Address: I)? W (Y1&t✓L 3J., Sulk NO City, State; Zip: .e eeurnn lr 1k1 L/(p 0 3 Z Home Phone: -(\\)„,\ Work Phone: (317) 57/ - ,Z 7E-7 Cell Phone: (317) 3115- %Ny0 Fax Number (3/7) 57 / - X77 S9 For Profit Organization: Non-Profit Organization: y Individual: Day and Date Requested: ,SCL.}u.4 a U.y, rf f (-. 20, Z DOB Time Requested: 6 6.7i /p.m. to: /.Z a.m /p.nl. (This includes set-up and clenn-up rime.) Rehearsal Date: IVA Time: a.m./p.m. to _ _ a.m./p.m. City Facility Requested: Gazebo_ Fountain Arca_ Caucus Room (1/3)_ (2/3) Council Chambers Special Requests: Electricity Fountain Restroom Other Purpose: Q/YIAIU/IrJ�.r LrrGA_9- Number of People Expected: /50 t 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) /Ad S VU from 3 `dSf. SW r SI. 31/0 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 1no� day of Sop-/-crn.ber, 200 07, by the Office of the Mayor. Mayor's Office Revised: 01/07 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 ns 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 o 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 ns 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_ p CITY OF CARMEL, INDIANA Z c{w IOQQt is ,t - ee tnai t3S,on By and Through its Board of Public Works and Safety Name of Organization]Applicant Signature of Au orized Agin / James Brainard, Presiding Officer Applicant Date: Sherri ne,IKcr�'�pp Vt'O[ ,44o4LP Printed.Diame and Title(If acable) Mary Ann Burke,Member Date: W. /YI at i:t S/. Sulk/kuo Cartn-c 1, Iry N(40 03 z Address of Organization/Applicant Lori Watson, Member Date: p Date: p/a (O g ( ATTEST: Diana L.Cordray,IAMC,Clerk-Treasurer Date: Special Conditions: Page 1 of 3 Moran, Wanda P From: McVicker, Megan Sent: Friday, September 05, 2008 5:05 PM To: Schalburg, Randy S; Moran, Wanda P Cc: Mielke, Sherry S; Stumpf, Andrea G; Strong, David C; McAllister, John W Subject: RE: crc Major Schalburg, Below is the information requested for the event in the Arts & Design District on September 20, where we requested the road closed on 2nd Ave. S.W. from 3rd St. S.W. to 2"d St. S.W.: Information Needed: 1. What type event? The event is a partnership with the Colts Kids Club and a local Arts & Design District merchant who plans parties for children. They will have infiatables, games, face painting, Colts cheerleaders, the Colts mascot, etc to promote the Kids Club in conjunction with Sugar Buzz Parties for Kids. 2. Amount of people ....currently listed as 150+ but 150 can be on the sidewalks - 1500 may need a different approach This is a first time for this activity, and we estimate between 150-500 people. 3. CFD notified YIN They may wish to man area with a crew We have not notified the Fire Department them since the event is small and the street we hope to have closed is not a major street or a through street. Please let me know if you disagree with this. 4. Vendors YIN No vendors that we know of will be present other than the Colts Kids Club, 5. How many? NIA 6. Alcohol YIN No 7. Organizer Information-contact numbers-Who is in charge or responsible? Wendy Reed Sugar Buzz Sweet Parties for Kids 250-3452 wendy(c)sugarbuzzkids.com 8. Special Law Enforcement needed YIN No 9. Barricades how many and what type ...Example water or wooden We were hoping to only use barrels and cones to close off the section of the street, 10. Road Closure Signs—Detour Signs Not needed (The road is not a through street) 11. Where the detour signs are to be placed? N/A 9/8/2008 Page 2 of 3 12. Street Department— pick up and approval request We will contact the street department to ask for use of the barrels and cones. 13. No parking signs? Orders? Hours? Placement? Locations N/A for this event. If any information that I have given changes as we discuss the event with the organizer, I will let you know of the updates. Also, I have copied Lieutenant Strong and Sergeant McAllister on this so they will have it for their records. Please do not hesitate let me know if any of you have questions. As always, we appreciate your help! Best, Megan Megan McVicker Carmel Arts & Design District Office mmcvicker@carmel.in.gov (317)571-2791 www.CarmelArtsandDesign.com CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: Woodfield Homeowners Association Point of Contact: Paul R. Haut, MD Address: 5040 Woodfield Drive City, State, Zip: Carmel IN, 46033 Home Phone: ( 317 )848-8019 Work Phone: ( 317) 274-7854 Cell Phone: (317)513-8260 Fax Number ( 317) 278-0616 For Profit Organization: Non-Profit Organization: Individual: X Day and Date Requested: _9/28/2008 Time Requested: 4:00 pm. to: 9:00 p.m. (This includes set-up and clean-up time.) Rehearsal Date: N/A Time: a.m./p.m. to a.m./p.m. City Facility Requested: Gazebo _ Fountain Area Caucus Room (1/3) _(2/3)_ Council Chambers Special Requests: Electricity Fountain Restroom Other Purpose: Annual Neighborhood Picnic Number of People Expected: 75-100 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): Longstone Roundabout, Cul-de Sac area 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 1-h day of 5 yYfc•mber, 200 S7, by the Office of the Mayor. Mayor's Office Revised: 01/07 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 he 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 hound 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 Woodfield Homeowners Association By and Through its Board of Public Works and Safety Name of Organization/Applicant Signature of Authorized Agent/ James Brainard, Presiding Officer Applicant Date: Paul R. Haut, MD Printed Name and Title(If applicable) Mary Ann Burke, Member Date: 5040 Woodfield Drive Carmel, IN 46033 Address of Organization/Applicant Lori Watson, Member Date: Date: 9/10/2008 ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Date: Special Conditions: • t® ®:C k�®i61,® y.Bt®,0.®'t w ...ilAti . Sn, September 10,2008 CITY OF Al MEL JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, IN 46032 RE: Water and Sanitary Sewer Availability/Landmark®Meridian,Building#2 Dear Board Members: I recommend the Board approve water and sanitary sewer availability for the Landmark @ Meridian, Building#2 as follows: THE LANDMARK t MERIDIAN,BUILDING#2/12811 NORTH MERIDIAN STREET Water: 87.5 EDUs as per Water Ordinance A66/77. Not to exceed an average daily flow of 26,250.0 gallons. Sanitary Sewer: 97.5 EDUs as per Sewer Ordinance S58. Not to exceed an additional average daily flow of 26,250.0 gallons. Calculation of EDUs Based upon information from project construction plans,from the project engineer and from our Equivalent User Contribution Multiplier tables from the Utility section of City of Carmel City Codes, EDUs are calculated as follows: Building#2 in the Opus Landmark @ Meridian development consists of a five-story office building containing a total of 175,000 square feet. 175,000 square feet @ 0.5 EDUs/1,000 sq. ft. office space= 87.5 EDUs Connection Fees Water- $1,396.00 per EDU Water Connection Fee x 87.5 EDUs= $122,150.00 Sanitary- $ 795.00 per EDU Sanitary Sewer Connection Fee x 97.5 EDUs= $ 69.562.50 Total- $2,191.00 per EDU $191,712.50 Availability(acreaee)Fees The legal description of the remaining acreage for this development is 14.742 acres. Therefore: Water— 14.742 acres @$1,010.00/acre= $ 14,889.42 Sanitary Sewer— 14.742 acres(a,$1,365.00/acre= $ 20,122.83 Sub Total- 14.742 acres @$2,375.00 $ 35,012.25 Development Application Review Fee= $ 150.00 Total $ 35,162.25 Grand Total $226,874.75 The project received Plan Commission DP/ADLS approval on October 17,2000. Carmel Utilities has reviewed and approved these calculations. Construction or development of this project must begin within twelve(12)months or said approval expires and the developer or builder must reapply to the Board. DF..PARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OrncE 317.571.2441 FAX 317.571.2439 EMAIL engineering @carrncl.in.gov Board of Public Works and Safety September 10,2008 Page 2 Sincerely, V Michael T. McBride,P.E. City Engineer MTM/rbh Enclosure Cc: John Duffy, Cannel Utilities Steve Foster,Opus North Corporation S:\DHILLW VAIL08VANDMARK QMERIDIANBUILDINGN2 • T.. Cnpe Architects•Engineers • Salutleru by Design Sb.c4 tan Telephone 317 844 6777 Facsimile 317 706 6464 3939 priority Way South Drive.Suit*400 Indianapolis.Indiana 48240 www.crlpa.biz } September 5,2008 VIA EMAIL • Dick Hill City of Carmel One Civic Square Carmel, IN 46032 RE: Landmark at Meridian Building#2-Request to Public Works Dear Mr.Hill: As a representative for the Opus North Corporation, Cripe Architects+ Engineers respectfully requests to be heard on the September 17th Carrnel Board of Public Works agenda for approval of the calculated EDU's for Building #2. • The proposed 5-story building is for office use with a total square footage of 175,000 square feet. The Engineering Department has calculated 87.5 EDU's for sanitary and water based on 0.5 EDU's/1000 sq ft (Office Classification). Please contact Cripe Architects+ Engineers if you have any questions or need any additional information. Thank you, CRIPE ARCHITECTS+ ENGINEERS Graham M. Lewis Project Manager cc: Gary Duncan, Cannel Engineering Dept. Mike McBride, Cannel Engineering Dept. 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ISx-�.xral,urraa;<s/�,-.aw^:s.-mss. --,-^sys s.l �ri�,,,, ►.� �j Jj ••vsezaa�szaresr : rr;a xs� .�s.F!.^s.4 Rai, areas x MOMWE -ISa.a u, ' _ _ rl�Ls:-' Ill II I III III I 1 .. ��I r Apra V, Leo;e;o:i fitrgtgitir CITY '60 ARMEL JAMES BItAINARD, MAYOR September 10,2008 Board of Public Works and Safety One Civic Square Cannel, IN 46032 RE: Final Plat Approval Request-Village Green Townhomes,Section 1Block C Dear Board Members: Mr. Brady Kuhn of Weihe Engineers, Inc.,representing Drees Homes,has requested the Final Secondary Plat of the Village Green Townhomes,Section 1, Block C be placed on the Board of Public 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 of Community Services and reviewed by this department. Therefore, I recommend the Board approve and sign this Secondary Plat. Village Green was granted approval by the Plan Commission on May 16,2006 as Docket Numbers 05120026 Z and 05120027 DP/ADLS. Upon Board approval,the Petitioner is requested to submit a digital copy of the recorded plat,per City of Cannel Standards,to Ms.Terry Krueskamp of our Information Systems Department. Sincerely, Michael T. McBride,P.E. City Engineer MTM/rbh Attachment(1-Mylar Plats) S:\BP WO8\VILLAGEGREEN I BLKCFINALPLAT DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEI., IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering&armcl.in.gov LIE WEIHE ENGINEERS Land Surveying I Civil Engineenng Landscape Architecture Build with con fidenre7 September 8, 2008 Cannel Engineering Department One Civic Square Carmel,Indiana 46032 Attention: Dick Hill RE: Block C -Village Green Section One Dear Mr. Hill, Please accept this letter as a request for the above referenced project to be placed on the City of Cannel Board of Public Works Agenda.. Village Green was granted approval by the City of Cannel Plan Commission on May 16,2006 as Docket Numbers 05120026 Z and 05120027 DP/ALDS. At the Board of Public Works Meeting we will be requesting approval of the Final Plat for Block C—Village Gt eo I Section One. Please contact me with any questions or comments you may have. �v Brady uhn,PLS Dir or, Land Surveying • 10505 N.College Avenue I Indianapolis,IN 46280 I weihe.net I 317 1 846-6611 I 800 1 452-6408 I Fax:3171 843-0546 Allan H.Weihe.P.E.,L.S.-President i'k FINAL PLAT OF BLOCK C _____ c' it - ,1 VILLAGE GREEN E we` r"�' '.\ SECTIONONE SEGOS-TIBN-BSE v. 501'02'20T 378.16' uo I W. BLOCK B - N9A i BST. I200eOII 7S4 I 1-1488-57'40°E-9717' BS.L.0 7`40°E—`9/717' I 1\ 10 fi' B_S.L�_l5_D.Mu.E4_1 I 50' ROW u F u i ® 3113. S.F I I '° 15' GAS LINE EASEMENT '3' °1 v D.B. 252. PG. 285 1 T 1 1 oN 1 I .... N88.5T40-E 97.37 w 1 ® 2337 S.F. I r I I y ;� ' 11 \ I I !o tza NB857'10 E 97.3 f' 11 g N Y Y vnAntwucLS I� — � IN i� 2337 S.F. : N °_ ® 3 I N O _ Im ' N88'ST40-E 97. I 91 O Z -5 0 o c srn 3'< = I N N ® 2335 S j I m O 'a _ c� iN r 4 I C 1 i� p N88'sT40T 97.JT _ ® m 1° O a. If ® 2542 S. u � to m �°n 3 u I ' N8657'40-E 97.37 I .3›: (441(i; 1 I ® T ( I Ka T ��� I 14 ® 3124 S.F. �. N VICINITY MAP 1 0 6 I I I g N / —�——1—iii �,' ,� '10.�73`DN.>= 5 B.SL�I I l Z7j N88'57'40"E 97.37' c/M \ jy wa— E 'F,. . S a`®;/ - . . iota ° ` ° ° ®`14 � �Igti _ CITY OF tEL JAMES BRAINARD, MAYOR September 10,2008 Board of Public Works and Safety One Civic Square Cannel,IN 46032 RE: Secondary Plat Replat Approval Request-Hayden Run,Section 2,Lots 35-41 Dear Board Members: Mr. Dennis Olmstead of Stoeppelwerth&Associates,representing the Owners of the subject lots,has requested the Replat of the Secondary Plat for Hayden Run, Section 2,Lots 35-41 be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed,approved and signed by the Department of Community Services. Therefore,I recommend the Board approve and sign this Secondary Plat Replat. Upon Board approval,the Petitioner is requested to submit a digital copy of the recorded plat,per City of Cannel Standards,to Ms.Tent'Krueskamp of our Information Systems Department. Sincerely, �y/ /// 44. Michael T.McBride, P.E. City Engineer MTM/rbh Attachment(1-Mylar Plats) S:IBP WOMHAYDENRUNSECf2LOTS35-4 I REPLAT DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439 EMAIl. engineering @carmel.in.gov Hill, Dick B From: Dennis Olmstead [dlmstead©Stoeppelwerth.com] Sent: Wednesday, September 10, 2008 9:01 AM To: Hill, Dick B Cc: Conn, Angelina V; Curt Huff; Betsy Bredlau Subject: RE: Hayden Run, Sections 2 & 3 Replats Good morning Dick, Angie Conn informed me on Tuesday, 9/9/08, that the DOCS had reviewed the Replats for specific lots in Hayden Run Sections 2 & 3 and were ready to be sent to you to be placed on the BPW agenda for their approval. Please accept this email as my request to place both Replats on the next available BPW agenda. Please contact me if you have any questions or comments. Thanks in advance for your cooperation with this matter. Best regards, Dennis D. Olmstead, PLS Project Coordinator Stoeppelwerth &Associates 7965 East 1061h Street Fishers, IN 46038 (317) 579-4700 Direct (317) 503-0981 Cell 1 131ST STREET a 4, TUSCANY aol TANTARA BARD A Vps el" I is ti si a gare sa e mat u w w so i ,�5 � 0 Er rtt 44 la „le 4 Milk Ha r 47 8 . YALDMAN LANE �1 WEXLEY CHASE HAYDEN RUN A- .1111811}8 4.11, _`u"r . . CITY OF A RMEL • JAMES BRAINARD, MAYOR September 10,2008 Board of Public Works and Safety One Civic Square Carmel, IN 46032 RE: Secondary Plat Replat Approval Request-Hayden Run,Section 3,Lots 42-48 Dear Board Members: Mr. Dennis Olmstead of Stoeppelwerth& Associates,representing the Owners of the subject lots,has requested the Replat of the Secondary Plat for Hayden Run, Section 3,Lots 42-48 be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed,approved and signed by the Department of Community Services. Therefore, I recommend the Board approve and sign this Secondary Plat Replat. Upon Board approval,the Petitioner is requested to submit a digital copy of the recorded plat,per City of Cannel Standards,to Ms. Terry Krueskamp of our Information Systems Department. Sincerely, Michael T. McBride, P.E. City Engineer MTM/rbh Attachment(I-Mylar Plats) S:\B P W OSHA YDENRUNS ECT 3 LOTS42-08 REPLAT DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEN., IN 46032 OFFICE 317 571 2441 FAX 317.571.2439 EMAIL enginecri.,gacarrncl.in.gov Hill, Dick B From: Dennis Olmstead [dolmstead@Stoeppelwerth.com] Sent: Wednesday, September 10, 2008 9:01 AM To: Hill, Dick B Cc: Conn,Angelina V; Curt Huff; Betsy Bredlau Subject: RE: Hayden Run, Sections 2 & 3 Replats Good morning Dick, Angie Conn informed me on Tuesday, 9/9/08, that the DOCS had reviewed the Replats for specific lots in Hayden Run Sections 2 & 3 and were ready to be sent to you to be placed on the BPW agenda for their approval. Please accept this email as my request to place both Replats on the next available BPW agenda. Please contact me if you have any questions or comments. Thanks in advance for your cooperation with this matter. Best regards, Dennis D. Olmstead, PLS Project Coordinator Stoeppelwerth &Associates • 7965 East 1061h Street • Fishers, IN 46038 (317) 579-4700 Direct (317) 503-0981 Cell 1 t... ry 131ST STREET ■ NIL ©O �SCANY BW TAIiTARA BARD 3 IIII weak Is eta � ��� 4 2 MN" 14 i W 38 � � tW o lwil �� � � E w ¢ 0 _cal 0 I 44 b d5 A A 1111 49 a I 7 . $!!% il LdIDUDIS"� WEXLEY CHASE HAYDEN RUN men :.o • o ® nit Timm m. n rrn ti September 5, 2008 • • '`` — CITY -e' °'" ARMEL Board of Public Works One Civic Square JAMES BRAINARD, MAYOR Carmel, Indiana 46032 RE: Parking spot/sidewalk closure—Old Town on the Monon Apartments Dear Board Members: Mr.Andrew Stokely of Barrett&Stokely, Inc. is requesting approval for closure of parking spots and sidewalk adjacent to the Old Town on the Monon Apartments for temporary use of a lift for the purpose of painting the building. The address location for work activities is 111 West Main Street. . The Department recommends that the Board approve the request for closure of parking spots and sidewalk provided that: 1. The petitioner agrees to post all signage identifying the sidewalk closure and the sidewalk detour route prior to closing the sidewalk. 2. The project site, including the portions of the City sidewalk and parking spots to be closed, shall be secured with barricades. 3. The petitioner agrees to work with the Department of Engineering on the establishment of a detour route prior to closure of the sidewalk. 4. Any damage and/or paint spillage to the existing improvements within the right-of-way shall be restored to the satisfaction of the City when the work is complete. 5. Work and closures shall not commence before 9:00 am and shall cease before 3:00 pm. The petitioner shall notify the Department of Engineering if the work is expected to extend beyond these hours. 6. Both lanes of Main Street traffic shall be maintained in each direction at all times. 7. Notification to adjoining commercial business owners shall be made 48 hours prior to commencement of work activities. 8. Petitioner shall provide proof of liability insurance with the City's standard minimum coverage limits. 9. Public art within the limits of the work area shall be covered at all times while work is performed with material that will prevent paint from adhering to the artwork. 10. Sidewalk and parking spaces shall be re-opened to full use at 3:00 pm. 11. The lift and any paint, supplies or equipment associated with the work may be stored within the closure area between the hours of 9:00 am and 3:00 pm. All such items, equipment and material shall be removed from the closure area outside of these hours. 12. Closure area shall be limited on any given day to only the work to be accomplished that day. The limits of the closure area shall be minimized on a daily basis to provide the maximum access to the facility and businesses as possible. DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439 EMAII, enginceiingdcarmcl.in.gov Page 2 of 2 Old Town on Monon Apartments September 5, 2008 Sincerely, j X Michael T. McBride, P.E. City Engineer \\issurapps 1\user data\shared\DHill\BPW08\OLDTOWNMONONBUILDPARKSPOTCLOS.doc r / Barron 8 Stokely 09:29:08 08-26-2008 1!Z— A ,l BARRETT & STOKELY, INC. Investment Real Estate qty Managemam Construction Management Andrew Stokely 3755 East 82nd Street,Suite 230 Indimapolia,Indime 46240 Telephone: (317)845-4171 Fax (317)577-7954 FACSIMILE COVER SHEET FAX NUMBER: S L Z� DATE: 15126 1° TO: Fria Cs-I(Assct' COMPANY: ChA DL Ce4 ( Elsyawi-*) "").e TOTAL NUMBER OF PAGES (INCLUDING COVER PAGE): Z COMMENTS: ^ F A A�I..�I,� d is a,.. eir titer,-, 4 , rr.�t,t 04w.A-1 flr„�..,a, wt � � P1 �t,.�.-� �1 .-d l� And A 144 11 1 ilk( cra 1S a 1 I .-. �i JO�� A ( O�•/ O/ 1`•v,t^ a 1 • 0" t_. V, OV. 1 ' S J ,pibr.Q vie- -ILc. 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Shields of Weihe Engineers,representing Uptown Partners, LLC,the Owner and Developer of this property,has requested the Board sign the Dedication of Public Right of Way documents presented for approval. These documents dedicate additional 10-feet of right of way for the east half right of way of Guilford Road,adjacent to the west boundary of the Grantor's land. This dedication of additional right of way satisfies the City of Carmel's 20-Year Thoroughfare Plan Collector Street Classification requirement of 40-feet half right of way regarding Guilford Road at this location. On behalf of the City of Carmel,I would like to thank Mr. Shields and Mr. M. Shane O'Malley and Mr. Jason Moffett of Uptown Partners for this dedication. On behalf of the City of Carmel, I recommend the Board accept and sign these documents. Sincerely, Michael T.McBride,P.E. City Engineer MTM/rbh Enclosures S:\DHILL\BP WO8\GUILFORDPATIOHOMESROWDED DEPARTRIENE OF ENGINEERING ONE CIVIC SQUARE, CARRIEL, IN 46032 OFFICE: 317.571.2441 FAN 317.571.2439 EMAIL engincering @carmcl.In.gov LIE WEIHE ENGINEERS Build n-ills eorfidan re" August 21, 2008 Cannel Board of Public Works do Engineering Department Cannel City Hall, First Floor One Civic Square Carmel, IN 46032 RE: GUILFORD PATIO HOMES Dear Mr. Hill, On Behalf of Uptown Partners, LLC, we respectfully request to be placed on the September 3'd, 2008 Cannel Board of Public 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,Roadin order to construct an 8" water main for water service to the site. The pavement cut is approximately 165' north of the intersection of 1266 and Guilford Road. See Attached Exhibit. 2. Dedication of Right-of-Way- Request for approval for the dedication of 10 additional feet of right-of-way (for a total of 40 feet half right-of-way) along the east side of Guilford Road approximately 535 feet in length per City of Cannel's 20-Year Thoroughfare Plan be placed on the agenda for the next available meeting of the Cannel BPWS. See Exhibit and Legal Description Should you require any additional information regarding these requests, please contact our office at 846-6611. Si y erel , : es E. Shields, P.E. Director of Residential Development IIRII N: Colley•Menue 1 Indunapul.IN b2811 • urihe.net 317'Nab-(dl l NISI i.^_-N0$ fax:3171 1::3-0H6 Allan H.Keihe.RL.L .- Rt•idem APPROYD AS TO FORM BY DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY THIS INDENTURE WITNESSETH: That K. Shane O'Malley (Jointly and individually the "Grantor"), the fee simple owner(s) of the following described real property ("Property") described in attached Exhibit A, incorporated herein by this reference, which Property is located in the City of 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 Carmel,- 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 the 26thday of August . 2008. "GRANTOR" By: v Q a (Authorized Signature) K. Shane O'Malley (Printed Name and Title) STATE OF INDIANA COUNTY OF Tippecanoe } 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 Right-of-Way. Witness my hand and Notarial Seal this 26ttyay of August ,2008. otary Public Rebecca L. Notary Public(printed) • MY COMMISSION EXPIRES: 8/31/2013 Comm # 543154 COUNTY OF RESIDENCETippecanoe I affirm,under the penalties for perjury,that I have taken reasonable care to redact each and every Social Security number from this document,unless it is required by law. Douglas C.Haney Instrument prepared by: Douglas C. Haney,Carmel City Attorney,One Civic Square,Carmel, Indiana 46032. EXHIBIT"A" LAND DESCRIPTION Part of the East Half of the Southwest Quarter of Section 25,Township 18 North, Range 3 East of the Second Principal Meridian situated in Clay Township,Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 25; thence North 88 degrees 49 minutes 55 seconds East(basis of bearings)on and along the South line of said Southwest Quarter 1311.34 feet to the Southwest corner of the 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 Guilford Avenue as set out in a Right of Way Grant to the City of Cannel, 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 of this 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 10.00 feet to the aforesaid East Right of Way line of Guilford Avenue; thence South 00 degrees 01 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:12007W070134ISURVEYISURVEY DOCSIROW LAND DESCRIPr1ON.DOC GUILFORD ROAD RIGHT-OF-WAY - _ . .ca Hie an Ea f Nrfwi OrtiLD.'. ROAD ... . . .. seer oFwr� ' .. _ -. .. . _.vt._.` �� /// v Iw soli Q NW 535' • ■ , . J / // Anson 21,2008 Ul: WEIHE ENGINEERS INC. wou�aur� sysuru TOLLPUBINMELIMCIII avumMBMIIIRI 1.1>mWaru-r�er u>ImrAraMWEITEIcn APPROVED AS TO FORM Jo'p 1 0, CAN 3� ` City o f Carmel .. Oh/ BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ("City"), its Dedication and Deed of certain real property("Property") to the City for the purpose 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 Works and Safety, hereby accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described real property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS&SAFETY James Brainard,Mayor Date: Mary Ann Burke Date: Lori Watson Date: ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: Instrument prepared by: Douglas C.Haney,Cannel City Attorney,One Civic Square,Carmel, Indiana 46032 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 • APPROV_D AS To FORM ■ 6_ WATER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL,r INDIANA AND PLATINUM PROPERTIES, LLC This Agreement is entered into by and between the City of Cannel, Indiana by and through its Board of Public Works and Safety (hereinafter "City") and PLATINUM PROPERTIES, LLC (hereinafter "PLATINUM PROPERTIES, LLC") on this day of , 2008. WITNESSETH: WHEREAS, the city has duly adopted and enacted City Code Chapter 9, Division II, Sections 9-25 through 9-44 (collectively, the "Ordinance") that provides in part for the reimbursement from the "Water Availability— Mains Fund" of private funds expended to extend and oversize the water distribution system, as well as the method of reimbursement ; and WHEREAS, PLATINUM PROPERTIES, LLC desires to oversize the on-site water distribution system for The Sanctuary at 116th Street (the "Development") as follows: A. Construction Materials — SEE ATTACHED EXHIBIT "A" As per certified Construction Drawings from Cripe Architects and Engineers entitled "Construction Plans for Section I Sanctuary at 116°i Street 4455 W. 121m Street Carmel Indiana, dated approved November 9, 2006 on file at the Carmel Water Distribution Office and per certified Construction Drawings from Cripe Architects and Engineers entitled `Construction Plans for Section 2 Sanctuary at 1 l6`h Street 4455 W. 121'" Street Carmel Indiana, dated approved November 9. 2006 on file at the Carmel Water Distribution Office WHEREAS, PLATINUM PROPERTIES, LLC desires to receive refunding of reimbursable monies expended on the Water Oversizing, pursuant to the Ordinance. NOW THEREFORE, the parties agree as follows: A. The foregoing recitals are hereby incorporated herein and made part thereof. B. This written agreement is entered into subsequent to the completion of construction of the Water Oversizing. C. PLATINUM PROPERTIES, LLC shall advance the sum of$199,584.00 to or on behalf of the City to pay for the on-site water main oversizing (the "Water Oversizing"), the description of which is as follows: Water Main Oversizing for The Sanctuary at 116th Street. D. The City has determined that the above expenditure is necessary to provide water to current and future developments and to meet the requirements of the City. E. The City and PLATINUM PROPERTIES, LLC agree that PLATINUM PROPERTIES, LLC shall be entitled to reimbursement of the sum of$199,584.00 pursuant to and in accordance with the terms of the Ordinance, such monies to be • paid solely from the "Water Availability — Mains Fund" established by acreage availability charges assessed by the Ordinance. F. The City's sole obligation hereunder shall be to repay the above sum or such portion of the above sum as may be available for payment from monies deposited in the "Water Availability—Mains Fund" only, in accordance with the payment provisions set forth in the Ordinance, and the City does not incur any liability whatsoever for the repayment of same other than to make such payments as are properly available under the Ordinance from monies deposited in the "Water Availability— Mains Fund". G. Subject to the terms of the Ordinance and this Agreement, payments from the "Water Availability— Mains Fund" to PLATINUM PROPERTIES, LLC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to PLATINUM PROPERTIES, LLC shall be prior to any other payments from the "Water Availability— Mains Fund" to any other persons pursuant to similar agreements entered into subsequent to the date of this Agreement. H. The City does not guarantee PLATINUM PROPERTIES, LLC the advanced funds referenced herein will be fully reimbursed. PLATINUM PROPERTIES, LLC agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to PLATINUM PROPERTIES, LLC performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. PLATINUM PROPERTIES, LLC agrees to indemnify and hold harmless City from any all losses, damages costs, attorney fees and/or liabilities resulting from any violation by PLATINUM PROPERTIES, LLC and/or its employees of such law, order, rule, regulation, code or ordinance. This indemnification obligation shall survive the termination of this Agreement. J. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provision, as well as by all City ordinances and codes. The parties further agree that, in the event a lawsuit is filed hereunder, they agree to file 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. K. PLATINUM PROPERTIES, LLC shall indemnify and hold harmless City and its officers, officials, employees, agents, and assigns from any and all losses, liabilities, claims,judgments and liens including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of PLATINUM PROPERTIES, LLC and/or any of its employees and, except for intentional misconduct of its agents, outside sources, contractors or subcontractors, in the performance of the Water Oversizing and/or this Agreement. This indemnification obligation shall survive the termination of the Agreement. L. PLATINUM PROPERTIES, LLC represents and warrants that it and each of its employees agents, contractors, subcontractors, and outside sources shall comply with all existing and future laws of the United States, the State of Indiana and • city, prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting for work and/or in the performance of any work on the Water Extension as contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City reserves the right to collect a penalty as provided in IC 5-16-16-1 for any person so discriminated against. This indemnification obligation shall survive the termination of the Agreement. M. PLATINUM PROPERTIES, LLC shall not cause or permit the tiling of any lien on any of City's property. In the event such a lien is filed of record and PLATINUM PROPERTIES, LLC fails to remove it within thirty(30) days after the date of filing thereof, by payment or bonding, the City shall have the right to pay such lien or obtain such bond, all at PLATINUM PROPERTIES, LLC's sole cost and expense. PLATINUM PROPERTIES, LLC shall indemnify and hold harmless the City from any all such liabilities, losses, claims, costs, attorney fees, expenses and/or damages incurred by the City in connection with any such lien or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. N. If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. O. The terms, conditions and obligations of this Agreement shall be binding on the City and PLATINUM PROPERTIES, LLC, and their respective officers, officials, agents, partners, successors and assigns. P. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. Q. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing This Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. PLATINUM PROPERTIES, LLC CITY OF CARMEL, INDIANA 9757 Westpoint Drive, Suite 600 By and through its Board of Public Works Indianapolis, IN 46256 And Safety BY: BY: • Authorized Signature Mayor James Brainard Date: Kenneth R. Brasseur Printed Name Mary Ann Burke, Member Vice-President Title Date: Date: August 28, 2008 Lori Watson, Member Date: ATTEST: Diana Cordray, IAMC, Clerk Treasurer Date: S'T'ATE OF INDIANA j SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of _ , 2008. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: Date: ADD ON Board of Public Works and Safety Meeting September 17, 2008 10 : 00 A.M. \C� Ely ; APPROVF0 FORM RY s ',, TO ACCESS AGREEMENT This is an Access Agreement entered Into by and between the City of Carmel,Indiana("City") and Cornerstone Properties,Inc.("Cornerstone),to wit WHEREAS Cornerstone owns the real property and improvements located at 833 West Main Street in the City(the"Cornerstone Property %and, WHEREAS City seeks permission for Its own employees and agents,for its ccnsultam,Troy Risk,Inc.,and any agents and sub-contractors of same(individually and collectively,"Risk"),as well as for the Indiana Department of Environmental Management("IDEM")and IDEM's employees and agents to collect soil,groundwater and related samples and borings from the Cornerstone Property as part of an environmental investigation into a subsurface gasoline release from the Maratha gasoline station located at 808 West Main Street in the City;and, WHEREAS Cameroon consents to the City and the City's employees and agents,to Risk and to IDEM and OEM's employees and agents altering,iieseing,taking and removing soil, groundwater and related samples and borings'fiom'the Commute Property', ' NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which we hereby acknowledged,the parties hereto igree and state as follows: 1.The foregoing recitals we incorporated herein by this reference. 2.Cornerstone hereby CONSENTS to the City,to the City's employees and agents,to Risk, • to OEM and to IDEM's employees and agents,entering,accessing,taking and removing soil,groundwater and related samples and borings from the Cornerstone Property,which samples and borings will thereafter,when it larger needed or desired by the above persons or entities taking and removing same,be disposed of by same in accordance with acceptable indnshy practices and regulations 3.All persons and entities taking and removing samples and borings under and pursuant to • this Access Agreement shall take reasonable precautions to minimize any damage that might occur to the Cornerstone Property from suet,actions and shall restore the Cornerstone Property to as close to its original condition as is reasonably possible by no later than ten(10) days after the Termination Date of this Access Agreement. 4.This Access Agreement shall be in full force and effect from and including the date on which it is last signed by a party hereto and shall terminate(the'Termination Date")at midnight on October 22,2008. SO AGREED. The Clty,ofl, ("City') Hy: 411 Printed: g G Cul9,e/44 Title: Die•of AbnInd Date: Ski'. /b. SCOt Witness: Come a Properties,Inc.("Cojrstone") Printed: erC d- S.. Q I,LL IL A. Title: Pre_ cant .. . _ • . ..•__ . . Date: 1(11e 10 � Witness: / REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ACCEPTANCE THE CITY OF CARMEL,INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer • Date: Mary Ann Burke, Member Date: Lori Watson, Member Date: ATTEST: Diana Cordray, IAMC, Clerk-Treasurer Date: [+m»maau.>nmw ratio tIYroel 1 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Cannel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing Agreement on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20_. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032. ,m l e