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Home My WebLink AboutBPW 100108 Paperless PacketCity of Carmel Board of Public Works and Safety Meeting October 1, 2008 10:00 A.M. Diana L. Cordray, Clerk Treasurer , C ity of Carmel Office of the Clerk~Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, OCTOBER 1,2008 AT 10:00 A.M. COUNCIL CHAMBERS CARMEL CITY HALL ONE CIVIC SQUARE NOTICE lS HEREBY GlVEN THAT THE CITY OF CARMEL BOARD OF PUBLIC WORKS WILL HOLD A MEETING ON WEDNESDAY, OCTOBER 1, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS CITY BUSINESS. l )\:E CIVIC SQl ':\RE C".RMEL , INDL'\ N,'\ 46032 l17/5i 1-24 14 , City of Carmel Office of the Clerk~Treasurer BOARD OF PUBLIC WORKS & SAFETY MEETING AGENDA WEDNESDAY, OCTOBER 1,2008 -10:00 A.M. COUNCIL CHAMBERS I CITY HALL lONE CMC SQUARE MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the September 17,2008 Regular Meeting 2. BID OPENINGS/ AWARDS a. Bid Opening for the Salt Barn/Storage Buifding Expansion; Dave Huffman, Street Commissioner b. TABLED: Bid Award for the Main Street Side Walk Phase 1; Yardberry Landscape; $361,160.00; This was the lowest and most responsive bid; Michael McBride, City Engineer 3. PERFORMANCE RELEASES a. Resolution No. BPW-I0-0I-08-02; Lincolnshire, Section 12; Curb & Gutters, Water Mains, Street Signs; Chad Handley, Estridge Development Company b. Resolution No. BPW-I0-0I-08-03; Carmel Drive Executive Office Parks; Carmel Drive Sidewalks; Frank Cosmas, FCC Development 4. CONTRACTS a. Request for Purchase of Goods and Services; Yardberry Landscape; (Bid Award-$361,160.00); Mike McBride, City Engineer b. Request for Purchase of Goods and Services; Konica Minolta; Chief Michael Fogarty, Carmel Police Department c. Request for Purchase of Goods and Services; Konica Minolta; Mike McBride, City Engineer U:---'I ( I\'JC ~QUARE CARMEL. INDIANA 4(0)~ 117/,)71 ·~414 , g. Request for Water Availability; National Bank ofIndianapolis; Tom McDowell, Brenner Design h. Request for Secondary Plat Approval; Old Meridian Plaza; Brad Schrage, American Structurepoint I. Request for Secondary Plat Approval; Carmel Drive Executive Park; Block 6; Adam DeHart, Keeler-Webb & Associates j. Request for Commercial Curb Cut; SidewalklPath Closure; Old Meridian Plaza; Brad Schrage, American Structurepoint k. Request for Open Pavement Cut; Replace Gas Service; Resa Glover, Vectren Energy l. Request to Residential Curb Cut; Improve An Existing Property Access; Horace Pinion, Engledow Estates m. Request for Consent to Encroach; Trails @ Avian Glen; Ron Iacocca, Trails @ Avian Glen Home Owners Association n. Request for Consent to Encroach; Smokey Row Subdivision; Drainage/Utility Easement; Arthur and Ann Beriault o. Request for Storm Water Technical Standards Variance; Old Meridian Plaza; Brad Schrage, American Structurepoint p. Request for Storm Water Technical Standards Variance; Pennwood Office Park; Leonard Wolfson, Wolfson-Young q. Request to Install Drainage Pipe Lot 20, Shelborne Estates; Glen McFatridge, Husky Builders 7. ADJOURNMENT ~ , CONTRACTS Requestfor Purchase ofGoods and Services; Sensory Technologies; ($56,215.00); Steve Engelking, Director ofthe Department ofAdministration requested this item be removed from the agenda. Request for Purchase ofGoods and Services; Scheitlin Communications; ($5,000.00); Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Requestfor Purchase ofGoods and Services; Change Order #2; E&B Paving; 13rt Street Towne Road to Shelborne (Increase $419.15); Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. REQUEST TO USE CITY FACILITIES/STREETS Request to Use Gazebo and Common Areas; Wedding; Saturday, June 20, 20092:00 p.m. to 8:00 p.m.; Rehearsal June 19,2009 3:00 p.m. to 8:00 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use Gazebo and Common Areas; Holiday on the Square; Saturday, November 22. 2008; 9:00 a.m. to 9:00 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use Gazebo and Common Areas,· Wedding; Saturday, October 4 2008; 2:00 p.m. to 6:00 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use Caucus Room (full); Seminar; Various dates; 6:30 p.m. to 8:30 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use Council Chambers: Meeting; Tuesday, October 14,2008; 6:00 p.m. to 7:30 p.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use City Streets; 5K RunlWalk; Saturday, October 11,2008; 8:00 a.m. to 11:00 a.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. Request to Use City Streets; 7K RunlWalk; Saturday, October 25, 2008; 8:30 a.m. to 11:00 a.m.; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. , Diana L. Cordray, IAMC Clerk-Treasurer Approved, Mayor James Brainard ATTEST: Diana L. Cordray, lAMC Clerk-Treasurer NOTICE TO BIDDERS City of Carmel, Indiana Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed bids for the "Street Department East Salt Facility/Storage Expansion Project" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 10:00 AM local time October 1, 2008, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words "BID -Street Department, East Salt Facility I Storage Expansion" on the left-hand corner. A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid . A one hundred and ten percent (110%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: General construction, including mechanical and plumbing construction, electrical work and site construction for (1) salt storage building with (1) vehicle storage bay, and (4) detached storage bins at the southeast corner of 1061h Street and Gray Road, (1) addition to existing Storage Building "A" at the northeast corner of 131 sl Street and Shelborne Road . Construction to include site excavation, grading, underground utilities, concrete/asphalt paving, concrete block, wood and steel framing, asphalt shingles, steel doors and frames, overhead doors, and mechanical, electrical and plumbing systems, and as indicated on Contract Documents prepared by Cripe Architects + Engineers for the City of Carmel, dated September 5, 2008. Contract Documents for the Project have been assembled into two bound project manuals, which together with drawings, may be examined at the following locations: City of Carmel Cripe Architects + Engineers City of Carmel Dept. of Engineering-1 sl Floor 3939 Priority Way S. Dr. Street Department One Civic Square Indianapolis, IN 46240 3400 West 131 sl Street Carmel, IN 46032 (317) 844-6777 Westfield, IN 46074 (317) 571-2441 (317) 733-2001 Copies of such drawings and project manuals must be obtained from Paul I. Cripe, Inc., at the address stated above, upon the payment of $175.00 for each set. These sets may include full-size drawings. Payment must be by check. NO CASH ACCEPTED. Make checks payable to Cripe Architects + Engineers. All payments and costs of Contract Documents are non-refundable. Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. Wage rates for the Project shall not be less than the current prescribed scale of wages as determined by the Common Construction Wage Committee in accordance with I.C . 5-16-7 and included in the Project Manual. A pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on September 22, 2008 at 2:00 PM in the Conference Room of the Street Department (3400 West 131 51 Street). All prospective bidders are invited to attend the pre-bid conference. The pre-bid conference is not mandatory. ,.II r To: Board of Public Works Date: October 1, 2008 and Safety City of Carmel, Indiana Resolution No: BPW-10-01-08-0l Principal: Estridge Development Co. From: City Engineer Surety: Developers Surety and Indemnity Company Board Members: I have conducted final inspection of Lincolnshire, Section 2 Projec for the following improvements: ITEM Bond Number AMOUNT Curb & Gutters 770170S $ 30,738.00 Water Mains 770171S $ 90,660.00 Street Signs 770172S $ 2,400.00 The above improvements have been completed and are acceptable to the City of Carmel. I recommend acceptance of said improvements, subject to the following conditions: 1. Maintenance Guarantees in the amount of 15% of the Performance amount for Streets and Curb & Gutters, be filed with the City of Carmel, sai 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. y Engl.neer Be it resolved by the Board of Public Works and Safety, City of Carmel, . Indiana on this 1 s t day of ---=O..=c..=t..=o=b..=e..=r_____ 20~, that the Performance bonds for Lincolnshire, Section 2 Project as listed above are hereby released and said improvements accepted by the City of Carmel, Indiana subject to the listed conditions above. The effective date of the Maintenanc bonds shall be the same date as this resolution. Signed: ___________________________________ Board of Public Works and Safety .. .~ September 18, 2008 Mr. Dick Hili Engineering Administrator Department of Engineering . One CMc Square Carmel, Indiana 48032 Re: Lincolnshire Section 2 Rele._ of Perfonnance Bonds. Dear Mr. Hili: Please us this letter a8 notification to release the performance bonds for the Uncolnahlre Section 2. We have completed the following wor1t: 1. Interior Streets 2. Curbs and Gutters 3. Street Signa ff you have any questions, feel free to contact me. Sincerely C-.\k::. ~~ Chad Handley Neighborhood Management Director EstrIdge Development Company 317.669.8559 handleyc@estridge.net 14300 Clay Terrao. Boulevard, Suit. 200 • Carmel, Indiana 411032 • Phone: 317.848.7311 • Fax: 317.582.2452 • w_...trldge.oom • September 19, 2008 Mr. Dick Hill Engineering Administrator Department of Engineering One CMc Square Carmel, Indiana 46032 IE: Uncolnshlre SectIon 2 Releale of Performance Bondi Dear Mr. HIli Please use this letter as notification to release the performance bonds for Uncolnshire Secfion 2. We have completed the following worle. Including as builts:· 1. Water Mains If you have any questions, please contact me. Sincerely ~\L:~ Chad Handley ~ Neighborhood Management Director EstrIdge Development Company 317.669.8559 handleyc@estrldge.net 14300 Clay TerraDe Boulevard. Suite 200 • Carmel, Indiana 48032 • Phone: 317.848.7311 • Fax: 317.&82.2452 • www.eatrldge.oom To: Board of Public Works Date: October 1, 2008 and Safety City of Carmel, Indiana Resolution No: BPW-IO-OI-08-01? Principal: FCC Development Corp. From: City Engineer Surety: Great American Insurance Co. Board Members: I have conducted final inspection of Carmel Dr. Executive Park Project, for the following improvements: ITEM Bond Number AMOUNT Carmel Drive Sidewalk 398 43 11 $ 2,100.00 The above improvements have been completed and are acceptable to the City of Carmel. I recommend acceptance of said improvements, subject to the following conditions: 1. The Principal, FCC Development Corp., is no longer affiliated with this Project. The remaining unconstructed portion of the Carmel Drive Sidewalk associated with this project will be bonded and constructed as a development requirement at such time when Lot 2A of the Carmel Drive Executive Office Park is developed. Therefore, the 3-year maintenance Requirement is waived. Approved: 2JZ7~~City Engineer Be it resolved by the Board of Public Works and Safety, City of Carmel, Indiana on this 1st day of ~O~c~t~o=b~e~r~________ 20~, that the Performance bonds for Carmel Drive Executive Office Park 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 Maintenance bonds shall be the same date as this resolution. Signed: ____________________________________ Board of Public Works and Safety AI'I'ROVED~S TO FORM BY:Yardberry Landscape Excavating Company Engineering Department -2008 Appropriation #2200-R4462200-$254,800.00; 203-R4462200-$22,955.18; 203-4462200-$32.381.22; 211-R4462200 $51,023.60; P.O. #19775 Contract Not To Exceed $361,160.00 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (IfAgreemenr) 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 Yardberry Landscape Excavating Company, 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 2200-R4462200; 203-R4462200; 203-4462200; 211-R4462200; 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 Three Hundred Sixty-One Thousand One Hundred Sixty Dollars ($361,160.00) (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 pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for "Project #08-08, Main Street Sidewalk -Phase 1" received by the City of Carmel Board of Public Works and Safety on or about September 3, 2008, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. [Z:IE lIus\My Ilo<:umaJlJIProrcosioul ScnxcoIENGlNEERlNGI2OOSlYonIbcny ElICOVIIma Goodo ol S~cIoc::9115~S II :27 AM] Yardberry Landscape Excavating Company Engineering Department -2008 Appropriation #2200-R4462200-$254,800.00; 203-R4462200-$22,955.18; 203-4462200-$32.381 .22; 211-R4462200 $51,023.60; P.O. #19775 Contract Not To Exceed $36] ,] 60.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, alist of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at 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. IZ:IE BuslMyDooumc • ..,lProfali..." Sav,,:..IENGINEERlNG\2008\Yordbmy Excavatiax GcxJd., 8< S<rvica.doc:911~11:27 AMI YardberryLandscape Excavating Company Engineering Department -2008 Appropriation #2200-R4462200-$254,800.00; 203-R4462200-$22,955.18; 203-4462200-$32.381.22; 211-R4462200 $51,023.60; P.O. #19775 Contract Not To Exceed $361,160.00 Vendor further agrees to indemnify, defend and hold hannless 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 tennination 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 hannless 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 tennination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 13. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws proviSions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. [Z,IE BaslMy OocwD<DuIPTof.......1II S<n1ceIlENGINEERlNGUOO8WonIbcny Ex_a Goods '" SaviC<S.doc:'J/I~~ 11027 AM] Yardberry Landscape Excavating Company Engineering Department -2008 Appropriation #2200-R4462200-$254,800.00; 203-R4462200-$22,955.18; 203-4462200-$32.381 .22; 211-R4462200 $51,023.60; P.O. #19775 Contract Not To Exceed $361,160.00 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, retum receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Mike McBride AND Douglas C. Haney, City Attomey, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Yardberry Landscape Excavating Company 9940 W. 1000 W. Anderson, Indiana 46017 Telephone: 765-378-5783 E-Mail: tyarberry@aol.com ATIENTION : Tim Yardberry, Owner Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. (Z,IE IIaroII1r DoaJmaIu~s..v;,.,IENGDlEI!IUNG\lOOIW onIxny E.COVII.iq Goods.t s..v;,.,.oIoc:911S~11 :27 AM] Yardberry Landscape Excavating Company Engineering Department -2008 Appropriation #2200-R4462200-$254,800.00; 203-R4462200-$22,955.18; 203-4462200-$32.381.22; 211-R4462200 $51,023.60; P.O. #19775 Contract Not To Exceed $361,160.00 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 . [Z:\£ 8auIMy Doaun"lUlPro[cui""oI SCIVl<COIENGINEElUNGIlOOSIYWbcny Excovariq Goods.l ScMca._9/1~~11:27 AM] ------------------- 09/23/2008 11:28 FAX 765 378 0376 YARDBERRY LANDSCAPING CO il002 09/23/2008 ~OB 11&Z3 PAX 317 571 243J CI~Y OP CAKKBL IZI007/0lZ Yarcibcn'y Landacape ExcavatiDa Company Engineering Deputment -2008 Appropriauon #2200-R4462200-S2S4,800.00; 203-R446220()..$22,9SS.18; 203-4462200-$32.381.22; 211-R4462200· $51,023.60; P.O. '19775 Contract Not To Exceed $361,160.00 26. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with resp&et to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other tenn 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 II1d prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors In Interest IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL. INDlANA YARDBERRY LANDSCAPE EXCAVATING COMPANY by and through Its Board of Pub"c Works and Safety By: James Brainard, Pr8sldlng OfficerDate: __________ Mary Ann Burke, Member Date: Lori S. Watson, MemberDate: ___________ ATTEST: Diana COrdray, lAMe. Clel1<·TraasurerDate: ____________ IZ.... -.__....._~HI_Y_,._.,CIoMI&~IWI~I'J2'/AIoII CWrJG1S Title FlomN: 35-l8li'S,Y SSN If Sole Proprietor: _______ Date:. 1-J 3-QK City of Carmel Main Street Sidepath -Phase I ITEMIZED PROPOSAL y B!m 111m DI!s=rlRlI2" QuantlW Unll Unit Cost T2tal Am2untI 1 MobllizationlDemobllization 1 LSUM f.J.soo " I '2..Soo# 2 Construction Engineering 1 LSUM 9.00 0 ., 8.0 00 • 3 Clearing 1 LSUM !JO,()OO • 20,000 ' 4 Trees, 6·, Remove 3 EA soo# /,5004 5 Headwalls and Partial Stone Wall, Remove 1 LSUM .2500 .. ,;2.soo· 6 Valve Covers, Adjust to Grade 3 EA 500 4 ,.soo • 7 B-Borrow for Structure Backfill 271 CYD ,;zz,. 5:9626 8 Flowable BackFill for Pipes 44 CYD ItS· 5,060 .. 9 Storm Sewer Pipe, 12" 354 LFT 4'5 ,. 15:930 • 10 Storm Sewer Pipe, 18" 487 LFT So'; .2'lL3SO • 11 DralntileL PVC, 4· 20 LFT 2ss-soo· 12 Arch CMP 95x67 16 LFT .23791 3, 7~Z ~ 13 Inlet E-7 8 EA I "/SOJ \1,&00 • 14 Inlet J-10 5 EA I q.~O· /,2.so .. 15 Manhole C-4 3 EA 1860~ s: '100· 16 Cored Holes In Structures 2 EA 800" ,600 .. 17 Class A Concrete for Structures 15 CYD &JJS~ J"·,62S"" 18 Geotextile 30 SYD SO ISO ... 19 Class II Rlprap 15 TON "0 1 qoo ~ 20 Curb Ramps Incl. truncated domes 96 SYD /.36 e-I 'Z.. '180 • 21 4· CoRcrete Sidewalk 1,342 SYD 49~ 6S;7Sg~ 22 Concrete Sidewalk Removal 98 SYD /fJ ~ 980 • 23 Concrete Curb & Gutter 550 LFT ~O" ,/, 6()~· 24 Concrete Curb 220 LFT .2,{c; 5,2,80 • 25 Concrete Curb or C&G Removal 250 LFT s· 1.25""6 .. 26 Concrete Pavement for Drive, 6" 224 SYD 5Z," l ,6111 ~ A. 27 Modular Block Retaining Wall 70 LFT 1'2,5 -, 8,750 " 28 Rebuilt Stone Wall 20 LFT 130~ ;2.601) .. 29 Pedestrian Railing 36 LFT /~", _6,~4.fB .. 30 Flowable Backfill for Roadwav Patching 30 eYD Its • J,<ls-o • 31 Unear Grading 2085 LFT /0· ':;0, 850 ... Unsuitable Materials RemovelReplace 1s· 87S0 •32 (undistributed) 250 CYD 33 Compacted Agg. For Base 53 358 TON 2'-1' eS-,2. Q 34 HMA Surface for Road Patching 12 TON /15' 1,380 ' 35 Maintenance of Traffic 1 LSUM ID ()60· /0 000 ' 36 Construction Signs, A 20 EA ~60' t/." Dt> eo 37 Barricade, Type III (undistributed) 12 EA' 12.'5~ />t:J b" P-3 "EXHIBIT It {( ..... " 38 Silt Fencing 975 LFT 9'~ g9tJ~ .. 39 Construction Fenclna 200 LFT 7~ /'-IO()' 40 DItch Inlet Protection 7 EA /:ZS. f$7r' 41 Curb Inlet Protection 6 EA US4. ?:50' 42 Tree Protection & Trimming 1 L8UM //.6~o" o/,8t>o" 43 Topsoil (undtstrtbutad) 150 CY ~", 6.660' 44 Sod, Nuraerv 2100 8YD ~." a, '-Ioo~ 45 water 1 LSUM /,,«1" ~0_6· 48 Signs Relocate 6 EA ~., \,2,00' 47 MaJibox. Relocate 10 EA /121" £S"DO" 48 QC Testina I Videotaping 1 LSUM ~6e>IJ· ~. 066· TOTAL: 113&~/&>- Ir -Z-(L " "EXHIBIT P-4 EXHffiITB Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL I Signature Printed Name EXHIBIT C mSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by AccidentlDisease: Bodily Injury by Accident/Disease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 ------ APPROVEDt-Al TO FORM BY: f1II'-.a...&..__ I<ONICA MINOLTA Municipal Lease Agreement Admlnl$lrllll>n Center, PO Box 7023, Troy, Michigan 48007·7023 A Program of Banc of America Leasing Fax To: 800.436.9579 • Page 1 of 2 Contract Number: 3040634 Dear Customer: This Municipal Lease ("Lease") is written in simple and easy-to-read language_ Please read this Lease thoroughly and feel free to ask us any questions you may have about it. The words YOU and YOUR refer to the Lessee. The words WE, US and OUR refer to the Lessor. Banc of America Leasing & Capital. LLC, a Delaware limited liability company_ Customer & Billine Contact Information Lessee Full Legal Name CITY OF CARMEL Federal Tax ID # Billing Conlact Person TIM GREEN Billing Contact Phone No 317-571-2400 Billing Address Address 3 CIVIC SQUARE-POLICE DEPARTMENT City CARMEL County HAMILTON State IN lJp 46032 Equipment Location Same Address City County State Zip Complete Equipment Location QD.})o If different from billing address ... _.. --D _..- Quanilly Manufaclurer Model Number Descriplion Serial Number I KONICA MINOL T A bizhub C451 Digital Color MFD --- 90 day deferral I __ ... ~_ I _ .1."••• __•• __..... _ Term Security DeposiVAdvance Payment (Check One Only) Lease End Purchase Option Base Monthly Lease Payment" Billing Cycle (monlhsl o Security DepOSit(S) $ o FMV (defioH 10 S••UDO JB) III $1 Plan AppllClble Taxes .. See Sectioft 11 o Monthly ~Quarte~y 63 o Advance Paymenl(S) $ o Other. S 3@$0.00/ 60@$411.33 o Semi-Annual o Annual TermsLConditions IMPORTANT: NEITHER TIlE SUPP\.WI NOR AItI SALESPERSON ARE OUR AGENT. THEY HAVE NO AUTHORITY TO SPEAK ON OUR BEHALF OR MAKE ANY CHANGES TO THIS LEASE. THEIR STATEMENTS WILL NOT AFFECT YOUR RIGHTS OR OBLIGAnONS UNDEIITHIS LEASE. 1. LEASE AGREEMENT; PAYMENTS; We agree to lease to you and you agree to lease from us the equipment listed above or ident~,ed In any anached Equipment sehedule rEquipment Schedule'). together with all replacements. parts. attachments. aceessories and substitutions therefor (·Equlpment"). You promise to pay us the Lease payments according to the terms of the Payment Schedule shown above or any Equipment Schedule hereto, plus all other charges (see Sections 4. 9. ll. 13. and 19). 2. GENERAL TERMS; PAYMENT ADJUSTMENTS; EFFECnVENESS: You agree to all the terms and conditions on page 1 and 2 of this Lease. This Lease Is a complete and exclusive statement of our agreement. The Equipment will not be used for personal, famity or household purposes. If the cost of the Equipment varies from the estimate you or your supplier have provided to us, you agree that we may adjust the lease payment accordingty upward or downward up to 101. You acr.no.iledge receipl of a copy of this Lease and acknowledge that you have selected the Equipment and reviewed the supply contract under which we will obtain the Equipment. THIS LEASE IS NaT BINDING ON US AND WILL NOT COMMENCE UNnL WE ACCEPT IT IN OUR OFFICES IN OAKlAND COUNTY. MICHIGAN. You authorize us to file UCC financmg statemenls. and any amendments thereto. to show our Inlfrest in the Equipment and any proceeds. You authorize us to insert or correct miSSing information on 1111s Lease, including contract number. your legal name. serial numbers, Equipment locatIOn, and any information describing the Equipment. All)' security deposit )'OU have given us is non-interest bearing, and may be used by us to cover any costs or losses we may sutter due to your defauh of this Lease. The security deposit is refundeble upon eXf}iration of the Lease, provitled all lease terms anti conditions have been periomled. You agree that any Purchase Order Issued to LIS covering the Equipment. is is.s.ued for purposes of authorilation and your internal use only. and none of its terms and conditions shall modi11 this Agreement. You agree to provide us your financial statements upon request. Nothing in this lease shall be construed to mean that you must pay any sUln whkh exceeds that wtlich may lawfully be charged. and ~ there is such excess sum. it shall be applied to reduce the lawful amounts payable by you. and any excess shall be returned to you. 3. RENEWAL: Unless the Lease End Purchase Option is $1.00, after the original lease term expires this lease will automatically renew.for successive one month terms unless (a) you send liS wrinen notice that you do not vlant it to renew at least 60 days, but no more than 120 days. before the end of any term. or (b) following renewal W€ terminate thi s lease upon 60 days prior written notice to you. 4. LATE CHARGES; OTHEII CHARGES; The due date for yOllr payments will be identified on your invoice. If any payment is not made when due. you agree 10 pay alate charge allhe rale of 10% of such late pay ment or $35. whichever is greater. You also agree to pay $25 for e&ch returned check. 5. EQUIPMENT OWNERSHIP; LOCATION: We are and shall remain \he sole owner of \he Equipment. You agree to keep the Equipment free from liens and encllnlbrances. You wi" keep the EQuipment only at the address shown above and YOll will not 1Il0\le it (rom thai address unless you get our prior written consent. The EQUipment shall atways remain personal property even though the Equipment may become attached or affixed to real property. If this Lease is detem'lined not to be a true lease. you hereby grant us a security interest in the Equipment 'elating back to the date we purchased it. 6_ NO WARRANTIES; WE ARE LEAStNG THE EQUIPMENT TO YOU 'AS IS: WITH NO WARRANTIES. EXPRESS OR IMPLIED. INCLUDING WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE. DESIGN. CONDInON. OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP. WE ARE NOT RESPONSIBLE FOR ANY REPAIRS OR SERVICE TO THE EQUIPMENT OR ANY DEFECTS OR FAILURES IN OPERATION. We assign to you for the term of this Lease any transferable manufacturer or sllpplier warranties. We are not liable to you for any breach of those warranties, You agree that upon your aceel)tance of the Equipment. you will have no set-offs or counter-claims against us. (Continued on Pace 2) Lessee Authorized Sienature THIS LEASE MAY NOT BE CANCELED Date [ print NameAuthorized Signer Title Indicate Purchasin, Agent. Buyer. etc. Equipment Acceptance Certificate You certify lhalali of the Equipment referred to in this Lease has been delivered and received by you. and that any and all installation and sel up has been completed. You have examined \he Equipment and it is in good operaOng condition and is satisfaclory to you and you have accepted the Equipment This Lease cannot be modified or reSCinded except by a writing signed by you and us. ACCORDINGLY YOU AUTHORIZE US TO PURCHASE THE EQUIPMENT FOR YOUR USE. IPrint NameAuthorized Signer Date x Title IndIcate Purctlaslng Agent. Buyer. etc. Konica-Mlnoltal0/R-06/2.1.05 x AMENDMENT TO MUNICIPAL LEASE AGREEMENT THIS AMENDMENT is made as of this __ day of , 2008. WHEREAS, City of carmel d/b/a carmel Police Department ("You" and "Your'') and Banc of America Leasing & capital, LLC C'We", "Us" and "Our'') desire to enter into a Municipal Lease Agreement No. 3040634, dated (the "Lease'') and; WHEREAS, in order to enter into the Lease, the parties mutually agree to make the following changes to the terms of the Lease. NOW, THEREFORE, the parties hereby agree as follows: 1. The eighth sentence in Paragraph 2 (General Terms; Payment Adjustments; Effectiveness) is deleted in its entirety. 2. The words "when due" are replaced with "within 10 days of when due" in the second sentence in Paragraph 4 (Late Charges; Other Charges). 3. The words "10 days" are replaced with "20 days" in the first sentence in Paragraph 13 (Default; Damages). 4. Subsection (d) is deleted in its entirety in Paragraph 13 (Default; Damages). 5. The last sentence in Paragraph 18 (Non-Appropriation) is deleted in its entirety and replaced as follows: "You shall not, within a period of Non-Appropriation, acquire by any means equipment similar to the Equipment to replace the Equipment, unless same shall be leased from us. /I 6. All provisions of the Lease not amended by this Amendment shall remain in full force and effect as set forth in the Lease. em OF CARMEL d/b/a CARMEL POLICE DEPARTMENT BANC OF AMERICA LEASING & CAPITAL, LLC By: By: Name:__________ Name: _______________ Title: __________ Title:____________ Date: ____________ Date: _____________ __ IN WITNESS WHEREOF, the parties hereto have made and executed this Agreernent as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: ___________ Printed Name Mary Ann Burke, Member Date: ___________ Title Lori S. Watson, Member FIDITIN : __________ Date: ___________ SSN if Sole Proprietor: _______ ATTEST: Date: _____________ Diana Cordray, IAMC, Clerk-Treasurer Date: _____________ [Z:\E 8L'L"i\My DocummlS\PrOressionai Savica\fORMS'Goods &. Services · Rev 8·Q6.07.doc :9f2J12008 10:16 AM] 7 ArI'ROVED.~ fa I. FORM IY: ~ -. Municipal Lease Agreement,.., I<ONICA MINOlTA Admlnlstratlol Center, PO Box 7023, Troy, MlchIC1II48007· 7023 A Program of Banc of America Leasing Fax To: 800.436.9579 • Page 1 or 2 Contract Number: 3038999 Dear Customer. This Municipal Lease ("Lease") is written in simple and easy-to-read language. Please read this Lease thoroughly and feel free to ask us any questions you may have about it The words YOU and YOUR refer to the Lessee. The words WE, US and OUR refer to the Lessor, Banc of America Leasing & Capital, LLC, a Delaware limited liability company. Customer & Billin Contact Information Lessee Full Legal Name Federal Tax ID 1/ CITY OF CARMEL Billing Contact Person Billing Contact Phone No DEPT OF ENGINEERlNG 317-571-2441 Billing Address Address Cit-I County Slate Zip 3 CIVIC SQUARECARMEL HAMILTON IN 46032 Equipment Location Address City Counly Stale Zip Same Complete Equipment Location !UlIl' If different from billing address E --..._... D---_..Ipti..-.. Quantity Manufacturer Model Number Description Serial Number I KONICA MINOL T A bizhub C451 Digital Color MFD 90 day deferral -----. -...-..--_... _--- TermsL,Condltions Term (months) 63 Security Depos iVAdvance Payment (Check One Only) o Security Dep osit(s) $ o Advan ce Payment(s) $ Lease End Purchase Option o FMV (defined In Section J8) IZI 51 o Other. Base Monthly Lease Payment' Plus ApplicableTues -See SeCllon 11 $ 3@$0_00/60@$335 .66 Billing Cycle o Monthly o Semi-Annual III Quarterly 0 Annual IMPORTANT: NEITHER THE SUPPUER NOR ANY SALESPERSON ARE OUR AGENT. THEY HAVE NO AUTHORITY TO SPEAK ON OUR BEHALF OR MAKE !>.NY CHANGES TO THIS LEASE. THEIR STATIMENTS WILL NOT AFFECT YOUR RIGHTS OR OBUGATIONS UNOER THIS LEASE. 1. LEASE AGREEMENT: PAYMENTS: We agree to lease to you and you agree to lease from u. the equipl11entli.ted above or identified in any attached Equipment Schedule rEquipl11ent Schedule-), together Yoith all replacements, parts. attachments. accessories and substitutions therefor rEQuipmenn. You promise to pay us the lease payments according to the terms of the Payment Schedule shown above or any EQuipment Schedule hereto. plus all other charges (see SectiOns 4. 9, 11, 13, and 19~ 2, GENEI!AL TERMS; PAYMENT ADJUSTMENTS; EFFECTIVENESS: You agree to all the terms and condttions on pagf 1 and 2 of this Lease, This Lease is a complete and exclusive statement of our agreement. The Equipment will not be used for personal. family or household purposes. H the cost of the Equipment varies from the estimate you or your supplier have provided to us. you agree that we may adjust the Lease payment accordingly upward or downward up to 10%. You acknOWledge receipt of a copy of this Lease and acknowledge that you have selected the EQlIipment and reviewed the supply contract under whicn we ~'1I1 obtain the Equipment THIS LEASE IS NOT BINDING ON US AND WILL NOT COMMENCE UNTIL WE ACCEPT IT IN OUR OFFICES IN OAKLAND COUNTY. MICHIGAN. YOII allthorlle 11.10 file uec financing statements, and any amendments the.eto. to show our interest in the Equipment and any proceeds. You authorize uS to insert or correct missing information on this Lease, including contract number. your legal name, serial numbers. EQuipment location. and any ~formation describing the Equipment. Any security depOSIt you have given us IS nan-interest bearing and may be used by us to cover ally costs or losses we may sulfer due to your default of this lease. The security deposit ls refundable upon expiration of the Lease, provided all lease terms and conditions have been periormed. You agree that any PurchaSE Order issued to us covering the Equipment. is issued for purposes of aulhorizat.lOn and your intemal use onty. and none of rts terms and conditions shall modify this Agreement. You agree to provide us your financial statements upon request NothIng in this lease shall be construed to mean that yOu Inust pay any sum wf1ich exceeds that which may lawfully be charged. and if there is slich excess sum, rt shall be applied to reduce the lawful amounts payable by you. alld any exeess shall be returiled to you. 3. RENEWAL: Unless the Lease End Purchase OPtion is $1.00, after the original Lease term expires this Lease wfllautomatically renew for successive one month terms unless (a) you send us wrinen notice that you do not want it kl renew at least 60 days, but no more than 120 days, before the end of any term, or (b) fonowing renewal we terminate this Lease upon 60 days prior wrinen notice to you. 4. LATE CHARGES; OTHEI! CHARCES: The due date for your payments will be identified on your invoice. If any payment is lIot made when due. you agree to pay a late charge at the rate of 10% of such late pay· ntent or $35, .,hichever Is greater. You also agree to pay $25 for each returned check. S. EQUIPMENT OWNERSHIP; LOCATION: We are and shall remain the sole owner of the EQuipmenL You agree to keep tne Equipment free from liens and enclln1brances. You wfll keep the Equipment only at the address shown above and YOli will not move rt from that sddress unless you get our prior written consent. The Equipment shall always remain personal property even tJlough the Equipment may become attached or affixed to real property. If this Lease Is determined not to be a true lease. you nereby grant us a security interest in tne Equipment relating back to the date we purchased rt. 6. NO WARRANTIES: WE ARE LEASING THE EQUIPMENT TO YOU -AS IS, -WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUOING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP. WE ARE NOT RESPONSIBLE FOR Am REPAIRS OR SERVICE TO THE EQUIPMENT OR ANY DEFECTS OR FAILURES IN OPERATION. We assign to you for the term of this lease any transferable manufscturer or sllpplier warranties. We are not liable to you for any breach of those warranties. You agree that upon your acceptance of the Equipment. you will have no set-offs or coulI\er-ciaim s against us. (Continued on Page 2) Lessee Authorized Sil!nature THIS LEASE MAY NOT BE CANCELED Authorized Signer Date IPrint Name x Title Ind icate Purchasing Agent. Buyer, etc. Equipment Acceptance Certificate You certify that all of the Equipment referred to in this Lease has been delivered and received by you, and that any and all installation and set up has been completed. You have examined the Equipment and It is in good operating oondltion and is satisfactory to you and you have aooepted the Equipment. This Lease cannot be modified or rescinded except by a writing signed by you and us. ACCORDINGLY YOU AUTHORIZE US TO PURCHASE THE EQUIPMENT FOR YOUR USE. Authorized Signer Date IPrint Name x Title Indicate Purchasing Agent, Buye r, etc. Konlca-Mlnolta10/R-06/2.1.06 AMENDMENT TO MUNICIPAL LEASE AGREEMENT THIS AMENDMENT is made as of this __ day of ,2008. WHEREAS, City of Carmel d/b/a Carmel Engineering Department ("You" and "Your") and Banc of America Leasing & Capital, LLC ("We", "Us" and "Our") desire to enter into a Municipal Lease Agreement No. 3038999, dated (the "Lease'') and; WHEREAS, in order to enter into the Lease, the parties mutually agree to make the following changes to the terms of the Lease. NOW, THEREFORE, the parties hereby agree as follows: 1. The eighth sentence in Paragraph 2 (General Terms; Payment Adjustments; Effectiveness) is deleted in its entirety. 2. The words "when due" are replaced with "within 10 days of when due" in the second sentence in Paragraph 4 (Late Charges; Other Charges). 3. The words "10 days" are replaced with "20 days" in the first sentence in Paragraph 13 (Default; Damages). 4. Subsection (d) is deleted in its entirety in Paragraph 13 (Default; Damages). 5. The last sentence in Paragraph 18 (Non-Appropriation) is deleted in its entirety and replaced as follows: "You shall not, within a period of Non-Appropriation, acquire by any means eqUipment similar to the Equipment to replace the Equipment, unless same shall be leased from us." 6. All provisions of the Lease not amended by this Amendment shall remain in full force and effect as set forth in the Lease. CITY OF CARMEL d/b/a CARtJlEL ENGINEERING DEPARTtJlENT BANC OF AtJlERICA LEASING & CAPITAL, LLC By: By: Name:__________ Name: ____________ Title: _________ Title: ___________ Date: __________ Date: _____________ IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows : CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: ___________ Mary Ann Burke, Member Date: ___________ Lori S. Watson, Member Date: ___________ ATTEST: Diana Cordray, IAMC, Clerk-Treasurer Date: _____________ By: Authorized Signature Printed Name Title FIDfTlN: __________ SSN if Sole Proprietor: _______ Date: _____________ [Z;\E B~1yDocumcnu\ProfcS5lLooai Scrviccs\f'ORMS\Good.'1 &. Services -Rev 8-06-07.doc:9/23!2008 10:19 AM] 7 " CORE BTS, INC. APPROVEO,AS ,.(; IS Department -2008 FORM BY: .5lJP..,.Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 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 CORE BTS, INC. (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 2.1 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. rz:'IE Bus\My Doouncuu\Profcwooll Sa'viccs\FORMS\Proressjooll SavlaB FORM Rev 2007.doc:9f1J200g 4:02 PM] CORE BTS, INC. IS Department -2008 Appropriation # 1202-404-00; P.O. # 18226 Contract Not To Exceed $16,000.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such infonnation 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 perfonn the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1202-404-00 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. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perfonn the Services pursuant to the tenns of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its perfonnance of the Services. 4.3 Professional shall provide the Services by following and applying at all 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 be no more than Sixteen Thousand Dollars ($16,000.00) (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 fonn containing the same infonnation 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 %) 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. IZ:\E Bass\My Documcrlls\Profc:ssiooal S~as\FORMS\Professiolla1 Sa'viccs fORM Rev 2007.doc:912/2008 4:02 PM} 2 CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 SECTION 6. TERM Unless otherwise tenninated in accordance with the tennination 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 Tennination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be tenninated 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 be tenninated 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 tennination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of tennination 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 bound to the other as to all Agreement tenns, 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 tennination of this Agreement. IZ:\£ 8ass\My Doalmmu\Pro(c:ssiooal Scrvices\FOR.MS\Proressiooal Savtccs fORM Rrv 2007.doc.:9121200B 4:02 PM] 3 CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 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 be 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 (10) days after the date of filing, City shall have the right to payor 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 assigrunent 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 ofthis Agreement. (Z,IE o ... lMy DocumcalSlI'rof..,iooal S<rv>ce<\FORMSII'ro .... ,;ona/ s.Mca FORM Rev 2007.dodl2J200B'm PM! 4 CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 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 Carmel Douglas C. Haney Department of Administration Carmel City Attorney One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ATTENTION: Terry Crockett PROFESSIONAL: CORE BTS, INC. 201 W. 103rd Street, Suite 240 Indianapolis, Indiana 46290 ATTENTION: Chad McWhinney IZ',\E Bus'IMy Docu.mcnls\Pmfculooal SC2'VJCtS\FORMS\PmfcssiooaJ Savitc.'l FORM Rev lOO1 .doc:9121200s 4:02 PM) 5 CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 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 (I 0) business days from the date of such oral notice. 7.13 Effective Date. The effective date ("Effective Date") of this Agreement shall be 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 Carmel, 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-Assigrunent. 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 be. (Z:\E Bu:s\My DocummlS\Profes..Waal SCl'Viccs\fOR.MS\ProfQSJ.ooal. StfVict.s FORM Rev 2007.doc:91212008 4:02 PM] 6 CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 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 and/or generated by Professional in performance of Services, including fonns, job description fonnats, 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 perform 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 Accomplislunent of Project Professional shall commence, carryon, 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. rz.:\E s...mMy Documeo1S\Profess:ioDai SrrvK:ct\FORMS\ProfI:UiODai $eMcet FORM Rev 2007.do<;:912!2008 4:02 PM] 7 ----------------------------- CORE BTS, INC. IS Department -2008 Appropriation #1202-404-00; P.O. #18226 Contract Not To Exceed $16,000.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDlANA by and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Diana Cordray, lAMC, Clerk-Treasurer Date: CORE BTS, INC. BY: ~6CKAlfvA/ Title: C;;UCf£ll-G..vSeL FID/TIN: 20-3V3?t5f SSN if Sole Pro~h Date: ~ lZ:\E B&S$\My OowmCllL(\Profcssiooal Scrvitts\FORMS\ProressiooaJ ServIce; FORM Rev 2007.doc:9/212008 4:02 PM) 8 EXHIBITB Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL I Signature Printed Name EXHIBIT C mSURANCECOVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by AccidentlDisease: Bodily Injury by Accident/Disease: Bodily Injury by AccidentlDisease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (anyone fire): Medical Expense Limit (anyone person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 ·:... • cor e May 21,2008 Terry Crockett City of Cannel One Civic Square Carmel, Indiana 46032 Dear Terry, Core Business Technology Solutions (Core) is pleased to present this proposal to provide E-mail archival and compliance system implementation. This Letter of Engagement describes the services and deliverables Core would provide, and the approach under which these would be delivered. E-mail Archive and Compliance Implementation (Phase 2) Activities The following specific activities will be performed, listed numerically and matching the Deliverables presented in the following section: 1. Build MA server and Journal/ DA, CA servers 1.1 Server OS loaded for Mail Archiving Server 2.1 Server OS loaded for Joumaling and Discovery/Compliance applications 2. Install Enterprise Vault Server per design (Phase 1) 2.1 . Install server and the 3 areas of data storage (SOL Metadata, Index, and Vault Store) 2.2. Install both mailbox archiving and journaling software bundles. 2.3. Install Offline vault for laptop users 2.4. Implement PST migration tools 2.5. Configure backup scripts and jobs to enable consistent state and correlating data backups. 3. Configure Journaling 3.1. Create Journal Mailbox 3.2. Setup Microsoft Exchange to use Journaling 3.3. Create Journal Archive Tasks 4. Configure pilot group for Mail Archiving 4.1. Configure mailbox archival for policies defined in Activity 1 for POC subset of users. (Usually Infonnation Technology staff). 4.2 . PST migration for POC users -develop methodology 4.3. Validate configuration for POC users, provide access for client personnel to provide criteria and perform archival searches and usage testing. 4.4. Determine rollout process, document 5. Production Rollout 5.1. Configure e-mail archival pOlicies for remainder of users. A~ (. "'::XHIBIT rr (1 " 5.2. Document PST process and provide to client personnel for PST's beyond the initial 10 POC users. 5.3. Identify Offline Vault process and provide rollout process for future OV users. 6. Install Discovery Accelerator 6.1 Install Discovery Accelerator software components 6.2 Create required Admin accounts using recommended best practices 6.3 Test discovery case 7. Install Compliance Accelerator 7.1 Install Compliance Accelerator software components 7.2 Create required Admin accounts using recommended best practices 7.3 Test Compliance configuration 8. Create File System Archiving Architecture 8.1 Research current File system environment 8.2 Document FSA infrastructure 9. Project closure 9.1. Complete implementation documentation 9.2. Provide 4 hrs of EV admin training to City of Carmel IT staff 9.3. Validate ongoing support through PSA and Symantec Support Agreement 9.4. Schedule and complete the Project completion session Deliverables The activities undertaken by Core will result in the specific deliverables defined below and matched to the numerical activities presented in the preceding section: 1. Design Document -policies as dictated by the client, storage requirements and growth, server topology. 2. Enterprise Vault Server -Server configuration checklist and config runbook. 3. Documented Exchange Journaling configuration and Archive tasks -document 4. poe group -production rollout methodology document 5. Production Rollout -completed rollout checklist 6. Discovery Accelerator-DA settings document 7. Compliance Accelerator -CA settings 8. File System Archiving -FSA design document Core BTS, Inc. -2 CONFIDENTIAL Email :~~"XHIBIT Phaifv(1 " 9. Project closure -Project closure signoff document Assumptions The following assumptions are being made in the definition of activities and deliverables, and in the costs assigned: • The client will designate a contact person who will provide access to necessary client sites and information. • It is understood that during this engagement there may be periods of network downtime. Core will work on a best-effort basis to minimize the length and impact of such downtime, and to schedule such periods in advance. • Client is responsible for the procurement of any hardware, software, licensing, or third party support that may be required for this engagement including EV servers and storage as designed in Phase 1. • Core assumes no liability for data loss. Client is strongly encouraged to backup and validate data on all affected systems prior to initiation of the engagement. • Client is responsible for the BIOS, Firmware, OS, software revision and patch levels on client provided servers. • Day-to-day operational activity is outside of the scope of this engagement. • Core is not a legal advisor, cannot provide legal advice, nor shall any recommendations be assumed to be such. • Enterprise Vault requires input from client to create pOlicies for data archiving. Client is responsible for providing all company policies prior to implementation. Establishing new corporate policy remains outside of Core's purpose, although Core can assist with the technical generation and/or documentation of new policies through the PCR process. • All necessary hardware and software including SQl database licensing and location for the production installation are the responsibility of the client. • The PST migration process is a lengthy and continuing process (fewer than 10 PST files per day are not uncommon). The scope of this engagement included PST migration for the POC group and development of a methodology such that the client IT staff can migrate the remainder of PSTs for production users. • Note that the knowledge transfer does NOT replace classroom education for administration. Classroom training is recommended to support daily activities. • Delays may cause project resources to be reassigned and may prevent reinserting them into a revised project timeline. Timeframe Core estimates that the effort of this project will be 1-2 weeks. Core is available to begin this project within 3 weeks of receipt of your acceptance of this letter of Engagement. Unless otherwise noted in this document, all deliverables will be completed, and transfer of any documentation will occur, upon your acknowledgement of completion of this engagement. Fees & Costs Core fees for service are based on the actual time expended at our established hourly billing rates, plus reimbursement for out-of-pocket and travel-related expenses, to include mileage at a rate not to exceed the then current federal rate. No mileage or travel time will be charged for work performed at locations Core BTS, Inc. -3 CONFIDENTIAL ~EXHiBIT·"oek2gb " inside Marion or Hamilton counties. Labor incurred outside of business hours, or beyond 40 hours in a calendar week, is subject to billing at 150% of the rate schedule presented below. Resource Description I Hourly Rate Staff Consultant $75 Senior Staff Consultant $100 Systems Consultant $125 Senior Systems Consultant $150 Principal Consultant $175 Senior Principal Consultant $200 Business Consultant $200 Project Manager $175 The following is an estimation of the work effort involved in completing the activities and providing the associated deliverables defined in this document. This estimate is provided for budgetary purposes only, in all cases Core will bill for the actual hours and expenses incurred. Estimated Work Effort: Resource Effort Range Rate Totals D!~ljp-tion: Low High • ~ Hig!! Sr. Principal Consultant 45 74 $ 200 $ 9,000 $ 14,800 Project Manager 4.5 7.4 $ 175 $ 788 $ 1,295 $ 9,788 $ 16,095 Project Approach & Management Core brings its experience in effective project delivery to all engagements. Included in all Core engagements are Project Oversight services. Project Oversight provides for quality assurance in documenting expectations, identification and scheduling of resources, administrative functions, and project closure. Of particular focus is fulfilling completely the expectations set in the Deliverables section of this document. Assigned Project Coordinator/Manager: EmilyWann@corebts.com 317-566-6245 Project Executive Sponsor: Practice Director: Jim. Mayes@corebts.com 317-566-6261 In order to maintain the defined expectations and scope, no changes to the Activities or Deliverables defined in this document will be effective unless instituted through a written Project Change Request (PCR), signed by an authorized client representative. At the completion of the work effort on this project, you will receive a communication from Core indicating that it is believed that the engagement is closed, and that all deliverables defined in this document and any PCRs have been fulfilled. Should this not be the case, or if you have any questions at that time, please respond to this communication within 7 calendar days. Tenns & Conditions This engagement is subject to the Terms and Conditions set forth in the final page of this document, as well as to any Master Services Agreement (MSA) in place between Core and the client identified on the Core BTS, Inc. -4-Email Archive and Compliance Phase 2t.l ( CONFIDENTIAL UFXHIBIT ,f ]: " first page of this document. Should any conflicts arise between the Terms and Conditions portion of this document and another portion of this document, the language of the Terms & Conditions section will prevail. This proposal is confidential, and shall not be used or disclosed, in whole or in part, for any purpose other than evaluation within the client organization. * * * * * We look forward to working with you on this engagement. Best Regards, Chad McWhinney Core BTS, Inc. Acceptance If the terms of this Letter of Engagement are acceptable, please sign below and return a complete copy Date: ___________ACCEPTED BY: Name Printed: ______________ Title: ___________ PO # associated with this work: _______ Customer Technical Point of Contact: ______ Customer Sponsor: Core BTS, Inc. -5 CONFIDENTIAL E~:i~;~~;,~o~P;'b(1 " Project Terms and Conditions 1. Payment Tenns. Payment is due \Nithin thirty (30) days c:I invoice date. After this time period, interest accrues at the lesser c:I the maximum rate permitted under applicable law or one and one-half percent (1 .5%) per month from \he date due unt~ pad. 2. Independent ContractOC Taxes. We will perform all serv;ce5 hereunder in our capacity as an independent contractor and not as an employee or agent c:I you. Our employees shall not be ent~led to any privileges or benefits that you may provide to your employees, and we shall be responsible for payment c:I all unemployment, social sea.ority, federal inoorne (state and local income where applicable) and other payroll taxes imposed by any govemmefltal body on us in regard to our employees who are engaged in the pelforrnance c:I \he services. Pricing seI forth herein is exclusive c:I applicable sales, use and similar taxes assessed on \he performance c:I any serv;ces. You agree to reimburse, indemnify and hdd us harmless from and against any such tax, penalty and interest thereon levied against us for the provision c:I serv;ces to you hereunder. 3. No Hiring. For the term c:I the projed and for a period c:I one year thereafter, you agree not to hire, sdicit or accept sdicitalion c:I, through employment or otherwise, diredly or indiredly, any c:I our employees or independent contradors with whom you have had any contact during \he project, unless you obtain our prior written consent. ShoUd you hire an employee or independent contractor of ours through employment or otherlNise within this time period without our prior written consent, you \Nill immediately pay as liquidated damages to us an amount equal to the relevant person's then current annual oornpensation (or the amount paid to or on behalf c:I the person in the last 12 months, in the case c:I an independent contractor). 4. ~ A. We warrant and represent that the services \Nill be pelformed in a skillful and woriImanlike manner according to those standards generally prevailing among consuttants pelfooning similar serv;ces under similar circumslanceS. To the extent that we are not the manufacturer c:I any hardware or software products thai you may purchase as a resutt c:I or relating to OIJ{ SeNices, we do not provide any wa'TBnty on such products, whether with respect to their design, pelforma'lCe, funclional~ or oornpatibility INith your existing system. Any warranty INith respect to product must come from the manufacturer. Our produd procurement distributor or we will pass through to you any applicable warranties c:I the manufacturer, to \he extent permissible. B. EXCEPT FOR THE EXPRESS WARRANllES STATED IN THIS SECTION, WE DISCLAIM ALL WARRANTIES INCLUDING ALL IMPUED WARRANTIES OF MERCHANTABIUTY AND FITNESS FOR A PARTICULAR PURPOSE. 5. Our Indemnity. We will indemnify. defend and hold you harmless from and against any daims, liabilities, losses, expenses or damages (coilectively:DMl8Qes") caused by the services performed or the wori< delivered by us under these terms infringing any copyright, trade secret or any other proprietary right c:I any third party. Exducied from such indemnification are any daims related to Q) serv;ces performed on eqLipment or software which you covenanted that we had the rights to modify as set forth in Section 7 below, (ii) serv;ces performed to your specification or design and (iii) infringement resulting from or caused by your misuse or unauthorized modification c:I systems or product. We \NiH also indemnify, defend and hold you harmless from and against any Damages resulting from our willful misconduct or negligent acts or omissions in performing the services which are the subject c:I these terms, except to the extent such Damages are caused by the \Nillful misconduct or negligence c:I you, your employees or agents. Our obligation to indemnify and defend you INith respect to any daim shall be subject to Q) your providing us with prompt notice c:I such daim, Qi) our having sole control over the defense and settlement therec:l, Qii) your providing us INith the infomnation and assistance necessary to defend or settle such claim as reasonably requested by us, and (IV) the limilalions on liability set forth in Section 6 below. 6. Umi\ations c:I Uability. WE WILL NOT BE UABLE FOR INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF DATA OR ITS USE OR LOST PROFITS OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBIUTY OF SUCH DAMAGE. THIS UMITATION OF OUR LlABlUTY WILL APPlY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR NOT, INCLUDING NEGUGENCE. Your right to recover Damages is limited to the amounts paid to us hereunder. You acknowledge thai this limitation c:lliability is part c:I the consideration and was considered by us in establishing the prices and rates to be charged to you, which, but for this limitation, would have been higher. 7. Your Covenants. You covenanl thai: Q) you have the authority to agree to these terms and \he fundng necessary to pay for the requested serv;ces; Qi) you have ti~e to or lioense or rights to use or modify any software or products which you have requested us to modify as part c:I such serv;ces; and Qii) you \Nin provide us necessary access to your personnel, appropriate documentation and records and facilities in order for us to timely pelform such services. 8. Requests for Changes. No change in the services provided hereunder \Nin be pelformed until we receive a property issued and executed Change Order, provided, however, that nothing herein \Nin relieve you c:I the obligation to pay us for services rendered which were requested by you but are not documented in such a proper1y issued and executed Change Order or within \he applicable scope c:I 'Mlrk. 9. Confidentiality. Eadl party adknOYAedges thai ~ and its employees or agents may, in the course c:I the projed, be exposed to or acqLire infOl"l1"Bion that is proprietary or confidential to the other party. Eadl party agrees to hold such information in strict confidence and not to discuss or disdose any such infomnation to any third party for a period of three years. The parties acknowledge that the provisions of this paragraph shall not apply to: (a) information which at the time of disd09ure Is, or lNithout fau~ c:I the recipient becomes, generally available; (b) information which either party can show was in ~s possession at the time c:I disclosure or was independently developed by ~: (c) information received from a third party which had the right to transm~ same without violation c:I any secrecy agreement INith the other party: and (d) infonnation which is required to be disdosed pursuant to court order or by law. 10. Termination of Agreement. Either party may terminate our engagement at any time upon 30 days prior written notice. 11. Entire Agreement· Amendment. These terms and the accompanying engagement letter sets forth the entire understandng c:I the parties INith resped to the subjed mailer hereof and is binding upon both parties in accordance INith ~terms and may be amended only by an entry signed by both parties. There are no understandngs. representations or agreements other than those set forth herein. 12. Assignment. You may not assign any of \he rights or obligations hereunder lNithout the prior written consent of Core. 13. NOOces. Any notice or oornmunication from one party to the other concerning the \elmS hereof shall be in writing and shall be sent by certified mail, return receipt requested and postage prepaid or by oornmercial overnight mail to the most recent address that either party has specified in writing to the other. 14. Governing Law. These telTT1S shall be governed by and construed in accordance \Nith \he laws c:I the State c:llndiana. 15. Force Majeure. Neither party shall be liable to \he other for any failures or delays arising out c:I conditions beyond Its reasonable control, induding, lNithout limitation, 'Mlrk stoppages, fire, civil disobedience, delays associated with product malfunction or availability, riots, rebellions, storms, electrical failures, delays caused by the other party, and ads c:I God and similar OCOJrrences. 16. Waver. Severability Any waiver of any right or defau~ shall be effective only in the instance given and ~ in writing and signed by the party against whom ~ is sought to be enforced and shall not operate as or imply a waiver of a simitar right or defa.... on any other occasion. Nany term or provision herec:l should be declared invalid by a court c:I competent jurisdiction, the remaining terms and provisions hereof shall be unimpaired, and the invalid terms or provisions shall be replaced by such valid terms and provisions as come dosest to the intention underiying the invalid term or provision. Core BTS, Inc. -6-Email Archive and Compliance Phase 2 CONFIDENTIAL "EXHIBIT ttC?(1 " Appendix A -Sample Project Change Request (PCR) Form PROJECT CHANGE REQUEST (PCR) Original Project Number (Required) Ch.. ange :summa,... : Project Name: Description of <PROJECT NAME> Change: Reason for Change: Impact if PCR is Rejected: Current Project Status: Cost & Timeline Impact: The following is an estimation of the work effort involved in completing the activities required to complete this PCR. This estimate is provided for budgetary purposes only, in all cases Core will bill for the actual hours and expenses incurred. Estimated Work Effort: Resource Effort Range Rate Totals Description: .. ~ ; Low High Low High Consultant 0 0 $ $ $ Senior Consultant 0 0 $ $ $ Principal Consultant 0 0 $ $ $ Project Manager 0 0 $ $ $ Estimated Total: $ $ Timeline Impact: Project Completion Date, if Chanqed: Milestone(s) Affected: New Milestone Delivery Date(s): Approval: Client indicates acceptance of this PCR as an amendment to the Letter of Engagement and/or Statement of Work for the <PROJECT NAME> project. Approved By: Date: Name Printed: Title: Core BTS, Inc. -7 -Email Archive and Compliance Phase 2 CONFIDENTIAL "EXHIBIT A 1/l " I rl'\UC / PURCHASE ORO b THIS NUMBER MUST APPEAR ON INVOICES, INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 City of Carmel FEDERAL EXCISE TAX EXEMPT 35-60000972 ONE CIVIC SQUARE VOUCHER. DEUVERY MEMO, PACKING SLCARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDE" FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 JRCHASE ORDER DATE DATE REQUIRED REQUISITION NO. C{)re e,5 '7!' -~/de VENDOR NO. VENDOR;?I/ fA} IIJJ ~~ SHIP TOIY\~)o.ma·fBJ~ / JJ .ONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY IUNIT OF MEASURE DESCRIPTION I UNIT PRICE I EXTENSION frJ j~5iF1J# 5if-IJf tIbj F7 rlJ'Nj /.fUp1 dVIIr{¢IItJ).. - Send Invoice To: 'it,~. /)p.) -'/dL/-DO PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. ORDERED BY SHIPPING INSTRUCTIONS • SHIP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. • THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK-TREASURER18226 VENDOR COPY DOCUMENT CONTROL NO. ------------------------- ..... .... CITY OF CARMEL APP1l0V:O AS TO FORM B~ L~f. '~ TO: Dick Hill CONTRACT CHANGE ORDER NO.: 2 Engineering Admininstration DATE: September 22,2008 City of Carmel Indiana PROJECT NAME: Keystone & 126th Street One Civic Square CITY REO . NO.: Carmel, IN 46032 CITY PO NO.: 07-08 D CITY PO DATE: I. You are directed to make the following changes in this Contract: a. Force account work for sanitary force main at 1 st Baptist Church. b. Mobilization required by Midwestern Electric to install added loops on Carmel Drive east of Keystone. SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR ( -) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part ofthis Change Order: R.F.P.: W.D.C. NO.: ___ Other: The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $ 13,360,488.25 Contract Price will be increased/decreased by this Change Order $ 3,611.25 New Contract Price including this Change Order $ 13,364,099.50 Contract Time prior to this Change Order 93 Days 6/30/2009 Completion Date Net increased/decreased resulting from this Change Order 0 Days Current Contract Time including this Change Order 93 Days 6/30/2009 Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance ofthe changed work. The Above Changes Are Recommended American Structureooint, Inc. ENGINEER 7260 Shadeland Station Address Indianapolis. IN 46256 City/StatelZip '~rtf1. 1By:.LAv1,y~ t;>A-v ,i:) c., l-AAl Cb--r Phone: 3n·1Io.SSOI r Date: <=t 122...1 c) 8 The Above Changes Are Accepted Milestone Contractors. L.P. CONTRACTOR 5950 South Belmont Avenue Address Indiana~IN 46217 City/StatelZip By:~l~ ~l.' Phone: '311-~t1-q12..1 Date: 'l./2-y~Ofr Approved JameSB~~ '?a22z Michael McBride, City Engineer Mary Arm Burke, Member Lori Watson, Member ATTEST: Diana Cordray, Clerk-Treasurer Date:________ • ,'. Contract Modification 912212008 9:25 AM City of Carmel FleldManager 4.2c Contract: _o7-080, Keystone Parkway at 126th Street Cont Mod. Revision Cont Mod. Number Number Date 2 912212008 Route Contract Location 126th Street & Keystone Par1May Net Change $3,611 .25 Awarded Contract Amount $13,558,263,64 Short Description Midwestern Electric MOB and work at 1 st Baptist Church Description of Changes Additional cost added for mobilization required by Midwestern Electric to install added loops and for sanitary work at 1 st Baptist Church New Items Project: 07-080, Keystone Parttw.y at 126th Street category: 1, Contract Item. Item Descrl.e.tlon Item Code Force Account Work for 1st Baptist Church _0343 Prop.Ln. ItemType Unit Proposed Qty. 0445 CHANGE LS 1.000 Unit Price 3,085.30000 Dollar Value $3,085.30 Reason: Force account work for sanitary force main at 1st Baptist Church MOB for Midwestern Electric to Install Added Loops _0342 0440 CHANGE EACH 1.000 525.95000 $525.95 Reason: Mobilization required by Midwestern Electric to install added loops on Carmel Drive east of Keystone Subtotal for category 1: Subtotat for Project 07-080: $3,611.26 $3,611.26 FEDERAL PARTICIPATION -ACTION BY F.H.W.A. 'xApproved _Not Eligible _See Letter Dated ____ (Signature) (Date) ~J~~ q l2'Z--J D~ VI\·:JlO C-. LA.NCk-r A-A~l~ ~~"'1.u.~CfbvNl Contract: _07-080 Cont Mod.: 2 Page 1 of 1 ----------------------- ---------------------- ~ .... APPROV:O ASL~.TO FORM B~CITY OF CARMEL r~ TO: Dick Hill CONTRACT CHANGE ORDER NO.: 2 Engineering Admininstration DATE: September 22,2008 City of Carmel Indiana PROJECT NAME: Keystone & 106th Street One Civic Square CITY REO. NO.: carmel, IN 46032 CITY PO NO.: 07-08 B CITY PO DATE: I. You are directed to make the following changes in this Contract: a. Change drives at firestation from 6" to 9". b. Pay for trucking and equipment costs to stockpile dirt from Line "E" due to utility delays. c. Deduct for changing drives at firestation from 6" to 9" thick. SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR ( -) DA YS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part ofthis Change Order: R.F.P.: W.D.C. NO.:, ___ Other: The changes result in the following adjustment ofContract Price and Contract Time: Contract Price prior to this Change Order $ 15.510.872.39 Contract Price will be increased/decreased by this Change Order $ 16,335.55 New Contract Price including this Change Order $ 15,527.207.94 Contract Time prior to this Change Order -2L Days 6/30/2009 Completion Date Net increased/decreased resulting from this Change Order 0 Days Current Contract Time including this Change Order 93 Days 6/30/2009 Completion Date This Change Order is for full and final settlement ofall direct, indirect, impact costs and time extensions incurred at any time resulting from the performance ofthe changed work. The Above Changes Are The Above Changes Are Approved Recommended Accepted American Structurepoint, Inc. Milestone Contractors, L.P. ENGINEER CONTRACTOR James Brainard, Mayor 7260 Shadeland Station 5950 South Belmont Avenue 2Z2~ Address Address Michael McBride, City Engineer Indianapolis, IN 46256 Indianapolis, IN 46217 City/State/Zip City/State/Zip Mary Ann Burke, Member Lori Watson, Member 'C»nJ \b M.~c...~~ ~L." ATTEST: Phone: ~\ -U\ -C\S'''-~ Phone: :3 n-S1'1 -~t3 2.-1 Diana Cordray, Clerk-Treasurer Date: '\ \ L.-1-1 ~ 8 Date: G) !1,,1,..-!UO r( Date: BY::W~~ BY:~~ • Contract Modification 912212008 10:03 AM City of Camel FieldManager 4.2c Contract: _07~8B, Keystone Parkway at 106th Street Cont Mod. Number 2 Revilion Number 1 Cont Mod. Date 912212008 Net Change $16,335.55 Awarded Contract Amount $15,493,026.15 " Route Contract Location 100th St. & Keystone Parkway Short Description Additional cost for stockpiled dirt at Paul Hensel's property and a 9" drive Description of Changes Additional cost for stockpiled dirt at Paul Hensel's property and a 9" drive Increases I Decreases Project: 07-08B, Keystone Parkway lit 108th Street CNST c.tegory: 1, Contract Items Item Description It.m Code Prop. Ln. Item Type Unit Quantity Chg. Unit Price Dollar Value PCCP For Approaches, 6 in. _0084 0084 ORIGINAL SYD -367.220 68.00000 $-24,970.96 Reason: Change drives at firestatlon from 6" to 9" thick. Subtotal for Category 1: $-24,970.98 Subtotal for Project 07-08B: $-24,970.98 New Items Project: 07-08B, Keystone Parkway at 108th Street Category: 1, Contract Items Item Descrl.e.tlon Item Code Prop. Ln. ItemType Unit Proposed Qty. Unit Price Dollar Value PCCP for Approaches, 9 in. _0344 0380 CHANGE SYD 388.930 76.54000 $29,768.70 Reason: Change drives at firestation from 6" to 9" thick. Temporary Stockpile of Dirt at Hensel _0345 0375 CHANGE ea 1.000 11,537.81000 $11,537.81 Property Reason: Payment for trucking and equipment costs to stockpile dirt from Line "E" due to utility delays. Cost includes rent of property. Subtotal for Category 1: $41,306.61 Subtotal for Project 07 -08B: $41,306.61 Contract: _07-088 Cont Mod.: 2, Rev. 1 Page 1 012 Contract Modification 91221200810:03 AM City of Camel FieldManager 4.2c FEDERAL PARTICIPATION -ACTION BY F.H.W.A. - ~APproved _Not Eligible _See Letter Dated ____ (Signature) (Date) ~p~ «t \22-/0& t:>AV \ C> f. ~A.c..\-\-t\.LA AM.E.(l.\LA~ S\\2-.VC.TV~C1NT " , ,. J • II Contract: _07-088 Cont. Mod.: 2, Rev. 1 Page 2 of2 'H\.lC-lJL CITY OF CARMELI.I~ t FACILITY USE REQUEST FORM NamelOrganlzation~ Anderson Unlverslty MBA -Falls School of Budne., PoiDt of Contact: Sberr' Fields Addresl: 170~ Enterprlse Orin City, State, Zip: Anderson, IN 46011 HOllle Phone: (3ln979-8131 Work Phone: (76~)641-436t Cell Phoae: (314)417-4293 Fax Number (76~)648-;898 For Pront OrganiDtion: Non-Profit Organization: X IndJvldual: ___ DIY ad Olte Requested: Monday, January ~, 2009________________ Time Requested: S:30 p.m. to: 8 p.m. (Thll alldudu eet-lip and dean-up time.) Rehearsal Date: Time: a.m.lp.m. to a.m.lp.m. City Faclllty Requelted: Gazebo Fountain Area_ Caucu, Room (1/3)! (2/3) X Council Chambers SpeclaJ Requeltl: Electricity __ Fountain Restroom __ Other _______ Purpo,e: New Student Orientation for Carmel MBA students, regular room at Cannel Location C136th & Meridjan) not available. Students are Cannel residents. Number of People Expected: 15·25 No ___VeDdor.: Yet ---(If yes, please attach Jist of veDdor(s> informadoD.) Other Reque.h: City Street ClOsing (Large Events Only) ___________ Ntlgbborhood Street Clodng (Street(s), Address(es) Blocked) _________ The Carmel Board of Public Works and Safety reserves the right, In its sole dllcretion, to deny any flclltty Ult request andlor revoke any previously granted request to use a City faclUty for Iny lawful re••on. Received this j:J... .+h day of :Sg.j)+-ember , 200X, by the Office of the Mayor., Mayor's Office n-\\;)c tJ.j Revi.ed: 01/07 .'~ , ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I line read aad \lad.ratlDd the City"f Carmel, IndiaDa ("Cjty") FldlJty Ule Policy IUd Ipee to be bouad b)' aU the lerml aDd ceDdHJoDI Ht rorth tberein. I wW Ilive tbe City radUty I ule In tbe lame conditioo tbat It Wit Immediately prior 10 my ute tbereof. I aarn to pay for lilY dama.e. repair or dUD-liP co.t.lncurred by the Cjty .. a reault of my un of a City facWty. I bereby urlify that I. and the organ1zaUoD I reprenDI, if appJlclble. alUee to be bound by the Clty'_ FaeWty UH roUe)' IDd by aDY addtllOD concUtion. or retlfiction. placed UpOD my/our ule of a City facility by the Board. I uDdentaad that tbe Board ba, the rtebl to deny or revob DIY requelt for the use of a City racBlly for aoy IlwfUJ realOD. aacllhal tbe barmJe.. by me and/or my ore.nlzatloD from any damlICu, COlt. or expeDllei Incurred directly or i.cUreedy a. a ruult of _uch IclloD. PJUM .leD below aod maU tbe completed form 10 the Office of the Mayor, One Civic Squere. Clfmel, Indllp. ~. Approved thil __day of , 200_ CITY OF CARMEL, INDIANA Agder'OR Ugjver,'W/Sherrl Fields By aDd Througb itl Board of PubUe Woru IDd Safety NI..of Or.aulZltion/ApPUclnl luture of Authorized AleDl1 James BraJnard. PrelldJD2 Omcer Date:__________________AppUcaat Sberri fiddl, MBA ReerWterlPR Dir. PrlJated NaGle aDd Tille (If applltablt) 1105 Eptstprl!e Drive, Apdenog.lN Addre•• 01 Orean1zatfoDlAppllcallt Date: 2llll!!J Mary AnD Burke, Member Date:_______________________________ Lori Wahon, Member Date:___________________ ATTEST: Diana L. Cordray, lAMe, Clerk-TreuurerDate:____________________ Spedal CondJlloDI: _________________________________ City of Cannel, Indiana Board of Public Works & Safety RESOLUTION NO. 10-01-08-01 A RESOLUTION ESTABLISffiNG PRESENTATION OF PISTOL AND BADGE WHEREAS, the Board ofPublic Works ofthe City of Cannel is empowered by IC. 36-1-11-8 to declare items ofpersonal property surplus items, and; WHEREAS, pursuant to I.C. 36-1-11-8 A transfer or exchange ofproperty may be made with governmental entity upon tenns and conditions agreed upon by the entities as evidenced by adoption ofa substantially identical resolution by each entity. Such a transfer may be made for any amount ofreal property, cash, or other personal property, as agreed upon by the entities; and WHEREAS, the Police Department of the City ofCannel has certain items that are surplus property and that may be transferred and are valued at less than One Thousand dollars ($1,000.00) total, NOW, THEREFORE, be it hereby resolved by the Carmel Board ofPublic Works & Safety as follows: 1 service pistol, valued at Four Hundred fifty-nine Dollars ($430.00) 1 duty shotgun, valued at Three Hundred ninety-five Dollars ($380.00) 1 badge, valued at Sixty-six Dollars ($ 75.00) The above mentioned surplus items may be presented upon retirement ofJanet L. Carpenter, pursuant to the existing policy ofthe Carmel Police Department at the instruction ofthe ChiefofPolice. All ofwhich is RESOLVED this day of ,2008, by the Cannel Board ofPublic Works and Safety, Hamilton County, Indiana BOARD OF PUBLIC WORKS & SAFETY FOR THE CITY OF CARMEL, INDIANA. By _________________________ James Brainard, Presiding Officer By _________________________ Mary Ann Burke, Member By _________________________ Lori S. Watson, Member RESOLUTION NO. BPW-IO-OI-08-04 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL ACCEPTING THE TRANSFER OF PROPERTY FROM CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA WHEREAS, Clay Township, Hamilton County, Indiana, ("Township") has been notified that the City of Cannel, Indiana ("City") is undertaking an improvement project on 106th Street in the vicinity of the Farley Cemetery which includes the construction of a roundabout intersection (the "Project"); and, WHEREAS, in order to facilitate the construction of the Project, the City has requested that the Township transfer ownership to certain property located at the northwest comer of Farley Cemetery consisting of 0.018 acres, more or less, as more particularly described in Exhibit "A" attached hereto and depicted in Exhibit "B" attached hereto (the "Transfer Property"); and WHEREAS, in order to facilitate the construction of the Project the City has requested the Township transfer any rights it may have to certain strip of land along the west side of Farley Cemetery containing 1.101 acres as more particularly descried in Exhibit "c" attached hereto and depicted in Exhibit "D" attached hereto (the "Quitclaim Property"); and WHEREAS, in order to facilitate the construction of the Project, the Township desires to transfer the Transfer Property and Quitclaim Property in exchange for such consideration or improvements related to the Project as may be determined and negotiated by the Trustee of the Township (the "Trustee"). WHEREAS, the Township has by its Resolution 2008-03-25-02, approved, authorized and transferred the property to the City, as shown in Exhibit "E" attached hereto; WHEREAS, the City, by and through its Board of Public Works and Safety, now desires to accept and receive the Property from the Township subject to the tenns and conditions of this Resolution and Township Resolution 2008-03-25-02. NOW, THEREFORE, BE IT RESOLVED That Mr. Steven Engelking, on behalf of the City, is hereby authorized and directed to take any and all actions necessary and proper to effect the dedication of the Property by the Township to the City. Page One ofTwo Pages (ebmswonb:\e bus\my doaIIDcml\bpw-RSOhnicm\1008lanDel cay ttaDSrer day lownsDip.doc:9!'l4A}S) • Approved and adopted this day of ,2008. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: _____________________________ Lori S. Watson, Member Date: _____________________________ Mary Ann Burke, Member Date: ______________ ATTEST: Diana Cordray, Clerk-Treasurer Date: _____________________________ leb:mswtlrd:z:'-c bus\my doc:umc:DlJ,.~lutiQl2S\2OOr\CAJ'DId clay IrlJl.Jrer clay lownsIup.doc 9;24.03) Pi~ of Clli;"ujl Carmei Po iice D epartment Ci17c Sqnal',P Carme.l , IndiaD1l 46032 September 22, 2008 City of Carmel Board of Public Works and Safety 1 Civic Square Carmel, IN 46032 Dear Members: I respectfully request Board approval to have the below listed weapons deleted from the Police Department inventory: Remington 12 gauge Model 870 Shotgun, Glock Model 22, 40 Cal. Pistol Carmel Police Department Badge/marked Retired As has been the custom and practice of the City and Department, these weapons and badge will be presented to Master Patrol Officer Janet L. Carpenter, who is retiring from the Carmel Police Department, with over twenty years of service to the Carmel community. Respectfully, ~b·1-1~ Michael D. Fogarty Chief of Police MDF:vb cc: Clerk-Treasurer Inventory Control Officer (il l 7) 571-2500 Fa" (317) 571-2&12 --- Project: 07-08 Sheet I of I Parcel 27 Fee Simple Lot 22 and part of lots 21,23 and 24. all in the Replat of Part of Farley Cemetery, the plat of which is recorded as Instrument Number 200200005024, in the Office of the Recorder of Hamilton County, Indiana and a part of the east half of the northeast quarter of Section 7, Township 17 North, Range 4 East, Hamilton County, Indiana, being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", described as follows: Commencing at the northwest corner ofsaid east half; thence South 0 degrees 30 minutes 32 seconds West 22.00 feet along the west line of said half quarter section to the south boundary of 106th Street and the point of beginning of ~ I this description: thence South 89 degrees 23 minutes 38 seconds East 27.90 feet along the ! I boundary of said 106th Street to the point designated "390" on said plat; thence South 0 degrees 32 minutes 19 seconds West 28.58 feet to the point designated "391" on said plat; thence North 89 degrees 27 minutes 41 seconds West 27.88 feet to the west line of the grantor's land designated as point "392" on said plat; thence North 0 degrees 30 minutes 32 seconds East 28.62 feet along said west line to the point of beginning and containing 0.018 acres, more or less This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 13th day of February, 2008. ,-~'IUII/"UIII/J~»-~~~6'~ ~l-M~ ~N 3 \-~-* o. ~~ 20500009, ~ -: .<: STATEOF l..<l::J ~t-tD(t.t.QJ.~li~~--\~l ~/"1Il SUR"~<.;~~ Il/ImIllHI1II'-\r{·¢· Exhibit H·4 JIJ >ro ~ ~ ro0 NW COR . E 1/2. NE 1/4. SEC. 7 EXISTING R/W (:, ~1§1151~I~ ~'2a 106th Street 1J2~.13' 2~+J, 330.00 I I I II REPLAT OF PART OF FARLEY CEMETERY INST. NO. 200200005024 g -i CD ('oj OWNER: CLAY CIVIL TOWNSHIP DRAWN BY: JDH PARCEL: 27 CHECKED BY: TLM PROJECT: 07-08 INSTRUMENT NUMBER 9609604301, DATED JANUARY 26, 1996ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 7 TOWNSHI P: 17 NORTH RANGE : 4 EAST nilS PLAT WAS PREPARED FROM PUBliC DOCUMEIiTS AND NOT CHECKED BY A FIELD SURVEY. RIGHT-Of-WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN ) In STRUCTUREgOlNI HAMILTONx w MI~lB~ 130. PG 112 00 .W\" :5 <l> ...J l:)C Z ZVl o ~ <t+-I Vl O IJ'l X a:::...J w w,!~=>Z ~ ...J<t ~ >-0 a:::Z0...JLL ~o( lL.I OU l:)0:: Z=>_I :.::U 8 + ~ ( r777/1 HATCHED AREA IS THE APPROXIMATE TAKING ~.-- SHEET 1 OF 2 o SO' 100'- SCALE : 1' =100' LOT 1 i, I I I I I I I I I ) LOT 2 MICHAEL E. & BEVERLY L. EBY LOT 4 0'< . O?J.¥-t\~~ , I I I I I I I I I LOT 5 (iA Exhibit \ \ 13 II t SHEET 2 OF 2 RIGHT-Of-WAY PARCEL PLAT Prepared For IThe City of Carmel by: AMERICAN STRUCTUREPOINT INC POINT REfERENCE CHART (feet) Point North East Station Offset <k 18 See Location Control Route Survey Plat23 24 390 15278.8467 14053.8159 +Pl(439+63.10) PL( 159.49'} Rt. E 391 15250.2644 14053.5472 +PL(439+ 34.70) PL(156.26') Rt. E 392 15250.5265 14025.6656 +PL(439+ 37.85) PL( 128.56') Rt. E SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey· recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed In accordance with Indiana Administrative Code 865 lAC 1-12 ("Rule 12"). Ai ~ ) 0 ~L-rrt ,.... ~/3~ Tracy L. McGill '!Sate Reg. Land Surveyor No. LS20S00009 State of Indiana ~\\\I\lIII"IIIUII' ~#"~~C'{ L. Me ~~~~ 1~,,~tGi5fflll.;;~;\ I*("n No. ,*,\ \20500009' IE \<;.~tATEOF 2~g ~~'ttD 1.Y.P./.~.t:\~,\O~l~~~~II'" SUR\! yo~# If/JIIUlIlIlIIlIl\W\1$l ( NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. ) OWNER: CLAY CIVIL TOWNSHIP DRAWN BY: JDH PARCEL: 27 CHECKED BY: TLM j PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 7 TOWNSHIP: 17 NORTH AMERICAN STRUCTVREPOINT, INC PROJECT NO. IN20030661 RANGE: 4 EAST THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)~ , Project: 07-08 Sheet I of I Parcel27A A part of the west half of the northeast quarter of Section 7, Township 17 North, Range 4 East, Hamillon County, Indiana, and being that palt of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHffiIT "B", described as follows: Commencing at the northeast corner of said section; thence North 89 degrees 23 minutes 38 seconds West 1324.30 feet (1324.13 feet per Inst. No. 20020005024) along the north line of said quarter section to the northeast corner of said west half; thence South 0 degrees 30 minutes 32 seconds West 16.50 feet along the east line of said half quarter section to the point of beginning of this description: thence continue South 0 degrees 30 minutes 32 seconds West 403.26 feet along said east line to the eastern boundary of Keystone Avenue designated as point "393" on said plat; thence North 8 degrees 35 minutes 17 seconds West 27.00 feet along the boundary of said Keystone Avenue; thence North 2 degrees 26 minutes t7 seconds West 300.50 feet along said boundary; thence North 14 degrees 57 minutes 43 seconds East 79.00 feet along said boundary to the point of beginning and containing 0.10 I acres, more or less This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 13th day of February, 2008. ",\\\,\lII\IIIUnlln"ll~\l L Me 1/~~ t ~~~\SfER~fft<'~\--2-LIJ!0d No. ~* i,* 0500009, '\ ~ STAlE 0; -J9:: ~.{~4....IJ.t.P.j.&~~~OJv,~"",p s U~~~)~$'lIIJIJlJll/mIJ\l\\"'~:l' itQ 1-1.Exhibit '~""""""".' , SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT o SO' 100'Prepared For The City of Carmel -by: AMERICAN SCALE: 1"=100'STRUCTUREPOINT INC3 3' 0:: ct:- d. -i. ...i ...i KC PROPCO. LLC c.:> z '" Z;::: i=Vl Vl COUNTY OF HAMILTON x w MISC. BOOK 130, PG 112E ]~ OWNER: PARCEL: ZVl «ct:....J w O iE~ ;:)Z -.J~ >-0 ct: Z 0-...JIJ.. ",0 !.LX OU ",ct: Z=> ~O 00 >ro j-U ::::L'\ ~ 4l \... c: ro ~ 0- 8 + ~ <ll C o...., (/) ><ll '::L. lii,... ~t5 'i=w() ~w ....JUI l06th Street lii ~ , « ~ I w~ , NE COR. W 1/2, NE 1/4, SEC. 7 EXISTING R/w 1324.13' CITY OF CARMEL INST. NO. 2007003041 EXISTING R/W REPLAT OF PART OF FARLEY CEMETERY INST. NO. 200200005024 MICHAEL E. & BEVERl Y L EBY LOT 4 LOT 5 r777/1 HATCHED AREA IS THE APPROXIMATE TAKING CLAY CIVIL TOWNSHIP DRAWN BY: JDH 27A CHECKED BY: TLM LOT 1 LOT 2 PROJECT: 07-08 INSTRUMENT NUMBER 9609604301, DATED JANUARY 25, 1996ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 7 TOWNSHIP: 17 NORTH RANGE: 4 EAST ~ THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A AELD SURVEY.~ Exhibit _ tA bPI SHEET 2 OF 2 RIGHT-Of-WAY PARCEL PLAT Prepared For IThe City of Carmel by : AMERICAN STRUCTUREPOINT INC POINT REFERENCE CHART (Feet) Point North East Station Offset <h 18 See Location Control Route Survey Plat 15250.2644 14053.5472 439+34.70 156.26' Rt. E 23 24 391 392 15250.5265 14025.6656 439+37.85 PL( 128.56') Rt. E 393 14881.3982 14022.3876 +Pl(43S+71.05) PL(87.00') Rt. - E SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by reference, comprise a Route Survey executed In accordance with Indiana Administrative Code 865 lAC 1-12 ("Rule 12"). ~&IJ{~ ~~ Tracy L. McGill Date Reg. Land Surveyor No. LS20S00009 State of Indiana ~1\II\1II1I"1IItbt~ .;~~" L. Me ~/"~~';"~E~STfIIl(,G.~~~\ f No ~ i * 20500009 *I\<: STATE OF -1..IJ:/'\~A. LftI",,,~~~6§~.Vf\ ....1.11...:;\.. 1':."' ~. ~1I1t!"' SUR\!v;'III1/1,"1I/Dl\m\\r:·~ NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. ~ ~ OWNER: CLAY CIVIL TOWNSHIP DRAWN BY: JDH PARCEL: 27A CHECKED BY: TLM PROJECT: 07-oB ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 7 TOWNSHIP: 17 NORTH AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661 RANGE: 4 EAST THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY. ~ , - /.fU'Itnt. ~,'.t:. RESOLUTION NO. 2008-03-25-02 A RESOLUTION OF THE TRUSTEE AND TOWNSIDP BOARD OF CLAY TOWNSIDP, HAMILTON COUNTY, INDIANA Transferring Property to the City ofCarmel WHEREAS, Clay Township of Hamilton COlll1ty, Indiana, (the "Township") has been notified that the City ofCannel, India.na (the "City") is undertaking an improvement project at the intersection of 106th Street and Keystone Parkway in the vicinity of Farley Cemetery, including the construction ofa roundabout intersection (the "Project"); and WHEREAS, in order to facilitate the construction of the Project, the City has requested that the Township transfer ownership to certain property located at the northwest corner of Farley Cemetery consisting of 0.0 18 acres, more or less, as more particularly described in Exhibit "A" attached hereto and depicted in Exhibit "8" attached hereto (the "Transfer Property"); and WHEREAS, in order to further facilitate the construction of the Project, the City has requested the Township transfer any rights it may have to a certain strip of land along the west side ofFarley Cemetery containing 0.10 I acres as more particularly described in Exhibit "C" attached hereto and depicted in Exhibit "D" attached hereto (the "Quitclaim Property"); and WHEREAS, in order to facilitate the construction ofthe Project, the Township desires to transfer the Transfer Property and the Quitclaim Property in exchange for such consideration or improvements related to the Project as may be determined and negotiated by the Trustee of the Township (the "Trustee"). NOW, THEREFORE BE IT RESOLVED by the Trustee and Township Board, that the proposed transfer of the Transfer Property and the Quitclaim Property to the City is hereby approved, authorized and adopted in every way subject to the following: (1) the adoption by the proper officers ofthe City of a resolution or ordinance substantially identical to this Resolution; and (2) the agreement by the City to such consideration or improvements to the Project, if any, as are deemed acceptable by the Trustee. BE IT FURTHER RESOLVED, that the Trustee and the Secretary of the Board are hereby authorized, empowered and directed to take any and all actions necessary, and to execute any and all deeds and other documents necessary, to effect the transfer ofthe Transfer Property and the Quitclaim Property to the City, in exchange for such consideration or improvements related to the Project, if any, as may be approved by the Trustee. "EXHIBIT 0 " ADOPTED this 25th day of March, 2008, by the Trustee and Township Board of Clay Township, Hamilton County, Indiana. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA 0ia_C!.ILee L.~ ~f?ttt~ Paul K. Bolin, Member RESOLUTION NO. BPW-IO-OI-08-05 A RESOLUTION APPROVING THE EXCHANGE OF POLICE DEPARTMENT ADMINISTRATIVE VEHICLE FROM THE CITY OF CARMEL, INDIANA TO THE CITY OF CICERO, INDIANA POLICE DEPARTMEN WHEREAS, the City of Cicero, Indiana Police Department (Cicero) is in need of additional public safety vehicles in order to better protect the health, safety and welfare of its citizenry; and WHEREAS, the City of Carmel, Indiana ("Carmel"), desires to assist Cicero Police Department; and WHEREAS, Carmel is the owner of one (1) 2001 Chevrolet Impala (Serial number 201 WF55KX 19281692) Administrative Vehicle ("Vehicle") that has recently been taken out of service and is therefore of no further use to Carmel, which Vehicle is identified on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Carmel will transfer and Cicero will accept title to the Vehicle in an "as is" condition, with no guarantees nor warranties as to the fitness of same for any particular purpose or use, or otherwise, and Cicero, upon its receipt of the Vehicle, will thereafter be solely responsible for the operation, maintenance and insurance of same; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The exchange of the Vehicle by Carmel to Cicero is hereby approved pursuant to and in accordance with the terms of this Resolution. Page One of Two Pages (ebmsword::z.,.-Y bus'lmy docwnentJ\bpw-rc:solutioos\2008'"'Ums police carl cicero indiana,doc:9124108) ----------------------------- 3. That Stephen Engelking, on behalf of Cannel, is hereby authorized and directed to take such actions as are lawful, necessary and proper to effectuate the exchange approved by this Resolution. Approved and adopted this day of ,2008. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: _______________ Lori S. Watson, Member Date: ______________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: _______________ BPW Resolution No. Page Two of Two Pages lebmsword2..~ bass"ul)' cSoeU!!U:l'l.I~-rt:SOI\lIKn~\2008'"1lnDS pollee can cicero inwMla.ooc-9!241OS) Z6918Z61X2)S~dM.l DZ:NIA ~I!qomolnv BIBdwI l~I01A~I[) 100Z "v" lI8IHX3 ,.. RESOLUTION NO. BPW-IO-OI-08-06 A RESOLUTION APPROVING THE EXCHANGE OF POLICE DEPARTMENT SURPLUS EQUIPMENT FROM THE CITY OF CARMEL, INDIANA TO THE MARION COUNTY, INDIANA SHERIFF'S DEPARTMENT WHEREAS, the Marion County, Indiana Sheriffs Department (Marion County) is in need of additional public safety equipment in order to better protect the health, safety and welfare of its citizenry; and WHEREAS, the City of Cannel, Indiana ("Cannel"), desires to assist Marion County Sheriff's Department; and WHEREAS, Carmel is the owner of one (1) Fireanns Training System (FATS) (Model number F300B, Serial number 01259) that has recently been taken out of service and is therefore of no further use to Carmel, which equipment is identified on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Cannel will transfer and Marion County will accept the surplus equipment in an "as is" condition, with no guarantees nor warranties as to the fitness of same for any particular purpose or use, or otherwise, and Marion County, upon its receipt of the surplus equipment, will thereafter be solely responsible for the operation, maintenance and insurance of same; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The exchange of the surplus equipment by Carmel to Marion County is hereby approved pursuant to and in accordance with the tenns of this Resolution. Page One of Two Pages rebllUWa'd%~ bau'alyd~1S1bp"".... t:solu1iOllS\2008\lnru IitlJ 10 marion aJWlty.doc:::9f241'08) --------------------------- 3. That Stephen Engelking, on behalf of Cannel, is hereby authorized and directed to take such actions as are lawful, necessary and proper to effectuate the exchange approyed by this Resolution. Approved and adopted this day of ,2008. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James Brainard, Presiding Officer Date: _____________________________ Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ______________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: _______________ BPW Resolution No. Page Two of Two Pages [eb:ms:word::z"'t: bassmy documt:DtJ'obpW.JeJOlUlioos\!OOfC'lJrans ra,~ ,o mar1 011 count)' doc:9f24fOIJ] , EXHIBIT "A" Firearms Training System (FATS) Model Number F300B Serial Number 01259 (ebmrword:z..~ bau-..nydocumall.s\lJpw-fDOlUIKmsUOO!'Caru fJl110 marion rounty.doc"9124108J FUNDING AGREEMENT APPROVED~ AS TO fORM BY; 11Jf _ GRANT NO: HCCDBG-07-7 City of Camel West Main Street Sidewalk FY2007 (with amended FY06 funds) This Agreement is entered into as of the date indicated in the Time of Performance by and between the Board of County Commissioners, Hamilton County, Indiana (County), and the Subrecipient i.e. that is, City of Carmel executing this Agreement. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended (called "The Act"), the Subrecipient has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, the Subrecipient has entered into a Cooperation Agreement with the County for the purpose of making application for Community Development Block Grant funds; and WHEREAS, the County is a grantee of funds from the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," responsible for the development, implementation, administration, and evaluation of HUD's Community Development Block Grant program, hereinafter referred to as "CDBG", in Hamilton County, exclusive of the towns of Arcadia, Atlanta and Sheridan; and WHEREAS, by Resolution, the Board of Hamilton County Commissioners approved allocations for its FY 2007 CDBG program and published a Final Statement of Activities and List of Projects; and WHEREAS, It is necessary that the County and the Subrecipient enter into an Agreement for the implementation of approved projects; and WHEREAS, the Cooperation Agreement between the County and the Subrecipient permits the County to implement projects located within the boundaries of the Subrecipient. NOW, THEREFORE, the parties do hereto mutually agree as follows: 1. CONTRACT WITH SUBRECIPIENT: The County hereby agrees to engage the Subrecipient, and the Subrecipient hereby agrees to perform the services hereinafter set forth in connection with the County CDBG program under a grant and contract from U.S. HUD and to be subject to the terms and conditions of said grant to the County by HUD and in conformity with all applicable federal, state, and local laws to which Subrecipient and its employees are subject. 2. SCOPE OF SERVICES: The Subrecipient hereby agrees to use CDBG program funds for the purpose of implementing the activity described in Attachment 1-Statement of Work, which is attached hereto and made a part hereof as if fully rewritten. Changes to Attachment I -Work Program, may be requested from time to time by either the County or the Subrecipient, and shall be incorporated in written amendments to this Agreement. 1 3. NATIONAL OBJECTIVES: The Subrecipient certifies that the County's CDBG program provided for herein gives maximum feasible priority to activities which benefit low or moderate income families or aid in the prevention or elimination of slums and blight. The statement of work shall include a description of the work to be performed, a schedule for completing the work and a budget. 4. TIME OF PERFORMANCE: The effective date of the Agreement shall be September 22, 2008 through June 30, 2009. at which time all work must be satisfactorily completed in compliance with this Agreement. The responsibilities of the Subrecipient are to commence upon the effective date of this Agreement or in accordance with the Attachment I Work Program. However, communities will have a 30-day grace period to submit a request for final payment. It should be understood that Hamilton County will not honor any requests for reimbursement received after July 31,2009. They will instead become obligations of the Subrecipient. 5. COMPENSATION: The County shall compensate the Subrecipient for all expenditures made in accordance with the schedule set forth in Attachment II -Work Program Budget, in an amount not to exceed the amount stated in the Work Program Budget. A. CDBG Grant: The County shall allocate funding from the following funding sources: (1). FY07 CDBG entitlement in the amount of One Hundred and Nine Thousand Two Hundred and Seven Dollars ($109,207); and, (2) FY06 CDBG entitlement in the amount of One Hundred and Eleven Thousand One Hundred and Fifty Two dollars ($111,152); totaling Two Hundred and Twenty Thousand Three Hundred Fifty Nine Dollars ($220,359) only for the payment of eligible project construction expenditures incurred by the Subrecipient carrying out the FY2007 West Main Street Sidewalk. Any funding not utilized for the current project will be held for future projects assuming that the CDBG program receives future funding. B. local Match: Based on the selected contractor's bid of Three Hundred Sixty One Thousand One Hundred Sixty ($361,160), the Sub recipient shall allocate in local matching funds $140,801 for soft costs associated with the project. C. Conditions: 1) Easements must be identified and obtained prior to award of a construction contract. D. Excess Funds: Excess funds from completed projects shall be returned to the County. 6. METHOD OF PAYMENT: Subject to receipt of funds from the U.S. Treasury, the County agrees to reimburse the Subrecipient for authorized expenditures for which vouchers and other similar documentation to support payment expenses are maintained under those generally accepted accounting principles and procedures approved by the County and outlined in 24 CFR Part 85 the "Common Rule" and the Federal Office of Management and Budget Circular A-87 -Cost Principles for State and local Governments. Such documentation shall be submitted to the County through the Noblesville Housing Authority. Payment shall be made within thirty (30) days of receipt by the County of a statement of expenses for satisfactorily completed work providing that funds for the project have been deposited with the County by the U.S. Treasury. The Subrecipient further agrees to comply with all the uniform administrative requirements described in 24 CFR Section 570.502. 2 A. Restriction on Disbursements: 1) No money shall be disbursed from the County to Subrecipient if County has determined that Subrecipient and its Contractor(s) are not in compliance with applicable U.S. HUD and County Accounting, Fiscal, Environmental, EEO and Federal Labor requirements. 2) No money shall be disbursed from the Subrecipient to Contractor unless the Contractor has met all requirements under the County CDBG Program or applicable Federal, State, and Local law. B. Documents of Costs: All costs shall be recorded by budget line items and be supported by properly executed payrolls, time records, invoices, contracts or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charge. All checks, payrolls, invoices, contracts, vouchers, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C. Final Payment: Prior to processing a final payment, a Final Inspection form must be signed by a designated community official, and/or county engineer/consulting engineer/architect or inspector and a representative of the Noblesville Housing Authority. 7. EXCESS FUNDS: Any and all unspent excess funds will be returned back to the County and may only be expended for eligible CDBG activities as identified in HUD implementing regulation 570.200 -Basic Eligible Activities, in accordance with Section 105 of Title V of the Housing Community Development Act of 1987. 8. PROGRAM INCOME: The Subrecipient must inform the County of any program income generated by spending CDSG funds. Said program income must be returned to the County. The County has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by the participating unit as may be needed for this purpose. In the event of close-out or change in status of the participating unit, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County. 9. ACKNOWLEDGEMENT OF HAMILTON COUNTY: The Subrecipient will acknowledge the Hamilton County Commissioners in all meetings and in publicity settings through any of the news media, newsletters and flyers or in lecture or information speeches by Subrecipient officers or program staff. The Subrecipient shall state on all letterhead, flyers, signs, displays, and newsletters that they are a Subrecipient of the County. 10. RECORDS TO BE MAINTAINED/AUDITS/ACCESS TO RECORDS: The Subrecipient agrees and understands that the expense of performing inspections and audits required by HUD are part of the project costs. It will give HUD and the Controller General or any authorized representatives access to and the right to examine and copy all records, books, papers, or documents related to the grant, and it will maintain such records, books, papers or documents for three (3) years after the close of the Project. 3 , All projects and programs funded under this Agreement are subject to on-site monitoring by Hamilton County. 11. SINGLE AUDIT: The next Single Audit governing the period of this Agreement must be submitted to the Noblesville Housing Authority for review. 12. BIDDING/BONDING: Subrecipient agrees to comply with 24 CFR Part 85, the "Common Rule,". A. Minority Business Entrepreneurship: The Subrecipient hereby agrees to assist Hamilton County in increasing its Minority Business Entrepreneurship participation. Accordingly, affirmative steps should be taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. B. Professional Services: In the procurement of construction engineering, architectural and consulting services, Subrecipients are financially responsible for the contracting of professional services. 13. SUBCONTRACTING: The services covered by this Agreement shall be subcontracted only with approval by the County. All work or services covered by this Agreement which is subcontracted by the Subrecipient shall be specified by written contract and subject to all Subrecipient provisions of this Agreement. 14. DAVIS-BACON: A. Department of Labor Regulations: If projects involve construction or completion of any building (except rehabilitation of residential property for fewer than eight (8) families and for contracts under $2,000.00, they are subject to HUD requirements pertaining to such contracts and the applicable Department of Labor regulations(29 CFR, parts 3, 5 and 5a). In addition, the Subrecipient shall make no award to any contractor who is at the time ineligible under Department of Labor regulations. B. Fair Labor Standards: Fair Labor Standards require the inclusion of Federal Wage Decisions and Labor Standards provisions in all bid documents and construction contracts in excess of $2,000.00. Therefore, Contractors or their Subcontractors must pay workers employed directly upon the site of the CDBG work no less than the locally Federal Prevailing wage and fringe benefits as determined by the Secretary of Labor, and supplied by the Indianapolis Area Office, U.S. Department of Housing and Urban Development. C. Contract Work Hours & Safety Standards Act: All contracts in excess of $2 ,000.00 for construction and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers shall include a provision mandating compliance with section 102 of the Contract Work Hours and Safety Standards Acts, P.L. 87-581, (40 USC 327-333). D. Anti-Kickback Act: All contracts for construction and repair shall include a provision mandating compliance with the Copeland "Anti-Kickback" Act (40 USC 276c)) as supplemented by the Department of Labor Regulations (29 CFR Part 3). E. Disbarred Contractors: The Sub recipient further agrees that it will refrain from entering into any contract or contract modifications with a Contractor disbarred 4 from or who has not demonstrated eligibility for government Contracts and federally-assisted construction contracts pursuant to the executive Order 11246, and will carry out such sanctions and penalties for violations of the Equal Opportunity Clause as may be imposed upon Contractors and subcontractors by the Department of Labor pursuant to part II, Subpart D of the Executive Order. In addition, the Subrecipient agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantee, refrain from extending any further assistance to the Subrecipient under the program with respect to which failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subrecipient; and render the case to the Department of Justice for appropriate legal proceedings. 15. INDEMNIFICATION: Subrecipient agrees to protect, defend, indemnify and save harmless the County from and against any and aI/ liability, damages, claims, suits, liens and judgments of whatever nature including but not limited to claims for contributions and/or indemnification for injuries to or death of any person or persons, caused by, in connection with or arising out of any activities undertaken pursuant to this Agreement. Subrecipient's obligation to protect, defend, indemnify and save harmless as set forth in this paragraph, shall include any and all attorney's fees incurred by the County, in the defense and/or handling of said suits, demands, judgments, liens, claims and the like and all attorney's fees and investigation expenses incurred by County in enforcing and/or obtaining compliance with the provisions of this paragraph. Subrecipient further agrees to protect, defend, indemnify and save harmless the County from any claims against or liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employees of Subrecipient or of any licensees, Contractors or Subcontractors of Subrecipient. Sub recipient will reimburse the County for any judgments that may be obtained against the County resulting from the work hereunder or the use of any work product of the Subrecipient including judgments for infringement of patent or copyright rights. Subrecipient agrees to defend against any such claims if legal actions of called upon by the County to do so. 16. TERMINATION FOR CAUSE: The County may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any CDBG funds at its discretion if the Subrecipient: A. Violates any provision of this Agreement; B. Violates any provision of the Housing and Community Development Acts of 1974 and 1977, as amended; C. Violates any applicable regulations or terms and conditions of approval of the applications which the Secretary of HUD has issued or shall subsequently issue during the period of this Agreement; or D. Fails to complete the project in a timely manner. Not withstanding the above, the Sub recipient shall not be relieved of liability to the County for damage sustained by the County by virtue of any breach of the Contract by the Subrecipient and the County may withhold any payments to the Subrecipient for this purpose until such time as the exact amount of damages due the County from the 5 Subrecipient is determined as complete liquidated damages for the termination of this Contract. 17. TERMINATION FOR CONVENIENCE: The County may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving the Subrecipient thirty (30) days written notice, in the event that the Secretary of HUD: A. Withdraws funds allocated to the County under its application for program activities that substantially prevent performance of the County's CDBG program; B. Terminates the County's funding allocation pursuant to an Act of Congress; or C. Fails to approve a grant application filed by the County. The Subrecipient may terminate this Agreement after holding a public hearing (subject to proper notification of their citizens and the media) and obtaining citizen input into dropping an approved project under this Agreement. 18. REVERSION OF ASSETS: Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the County any unspent excess CDBG funds. 19. EQUAL OPPORTUNITY: The Subrecipient agrees to comply with; A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the HUD regulations under 24 CFR Part 1 that no person in the United States shall, on the grounds of race, color, or national origin, be otherwise subjected to discrimination under any program or activity receiving federal financial assistance by way of grant, loan, or contract and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereof is provided or improved with the aid of federal financial assistance extended to the Subrecipient, this assurance shall obligate the Subrecipient, or in the case of any transfer of such property or structure is used for a purpose of which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. B. Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), amended by the Housing and Community Development Acts of 1974 and 1977, and the Fair Housing Amendment Act of 1988 will administer all program and activities relating to housing and community development in a manner to affirmatively further fair housing throughout the United States. C. Section 109 of the Housing and Community Development Acts of 1974 and 1977, as amended, and in conformance with all requirements imposed by or pursuant to the regulations of HUD (24CFR part 570.601) issued pursuant to that Section; and in accordance with equal opportunity obligations of that Section, no person in the United States shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. D. Executive Order 11063 on equal opportunity in housing and related facilities owned or operated by the Federal Government or provided with federal assistance. 6 , E. Executive Order 11246. as amended. requiring nondiscrimination and affirmative action to assure nondiscrimination in employment by government contractors and subcontractors and under federally assisted construction contractors. F. Section 3 of the Housing and Urban Development Act of 1968. (12 USC 1701 u) as amended. the HUD regulations issued pursuant thereto (24 CFR Part 135) as follows: 1.) Compliance: The work to be performed under this contract is a project assisted under a program providing CDBG financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. (12 U.S.C. 1701u). Section 3 requires that to the greatest extend feasible opportunities for training and employment be given to low-and very low-incorne residents of the project area and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located. 2.) Further Training Opportunities: The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards). housing construction. or other public construction project are given to low-and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located, and to low-and very low income participants in other HUD programs. 3.) Notifications: The Sub recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4.) Subcontracts: The Sub recipient will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided them with a preliminary statement of ability to comply with the requirements of these regulations. 7 5.} Other Compliance: The Subrecipient further agrees to comply with all the uniform administrative requirements as described in 24 CFR Section 35.38. 20. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS: The Subrecipient agrees to comply with the provisions of the National Environmental Policy Act of 1969 insofar as the provisions of such Act apply to activities set forth in Attachment I -Statement of Work. The County agrees to assume responsibility for preparing Environmental Assessments and Environmental Impact Statements as required. 21. COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT: This Agreement is subject to the requirements of the Flood Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition of construction purposes as defined under Section 3(a} of said Act, for use in an are identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201 (d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102 (a) of said Act. 22. HATCH ACT: The Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 23. CONFLICT OF INTEREST: The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct, or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Subrecipient that are receiving funds under the CDBG Entitlement program. 24. LOBBYING: The Subrecipient hereby certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 8 • C. It will require that the language of paragraph (d) of this certification be included in the award documents for all awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; and D. Lobbying Certification -(Paragraph d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25. RELIGIOUS ORGANIZATION: The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200U). 26. ACQUISITION/RELOCATIONS: If projects involve the acquisition of real property, they are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (PL 91-646) and applicable HUD regulations (24 CFR Part 42) to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property for an activity assisted under the Housing and Community Development program. Affected persons shall be informed of the policies and procedures of the relocation program. If projects involve the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under the County's CDBG program, they are subject to a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and provided that the Sub recipient, Hamilton County and the U.S. are beneficiaries of and entitled to enforce such covenant. The following standards shall apply to real property acquired or improved in whole or in part using CDBG funds that is within the control of a participating unit of local government: A. The Sub recipient will notify the County as soon as it knows of any modifications or changes in the use of the real property from that planned at the time of acquisition or improvement including disposition; B. The Subrecipient will be required to reimburse the County in the full amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. 27. AMENDMENTS: The Grantee or Sub-recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub-recipient from its obligations under this Agreement. Amendments or changes orders increasing total costs mayor may not receive additional CDBG funds based upon availability. 9 The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub recipient. 28. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Sub-recipient Mark McConaghy, CDBG Coordinator Mike McBride, City Engineer Hamilton County CDBG Program Ci!y' of Carmel Noblesville Housing Authority One Civic Sguare 320 Kings Lane Carmel. IN 46032 Phone: 317-773-5110 Phone: 317-571-2241 Fax: 317-774-0079 Fax: 317-571-2439 29. AGREEMENT: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. This agreement between the County and the Sub recipient for the Hamilton County CDBG program is designated as project number HCCDBG-07-7 and will be in effect upon signing. The Subrecipient further agrees to comply with all program requirements of 24 CFR Part 570 subpart K that are not herein before addressed. 10 ALL OF WHICH IS RESOLVED by the Board of Commissioners of Hamilton County on this 22nd day of September, 2008. BOARD OF COMMISSIONERS OF HAMILTON COUNTY Christine Altman Steven C. Dillinger Steven A. Holt ATTEST: Robin M. Mills, Auditor IN WITNESS WEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: ______________ Marry Ann Burke, Member Date: ______________ Lori S. Watson, Member Date: ______________ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: _____________ 11 ATTACHMENT I -WORK PROGRAM City of Carmel West Main Street Sidewalk [HCCDBG·07·7] Project Description: The project involves the construction of approximately 1,800 feet of new concrete sidepath, ranging from 6' to 8' wide on Main Street and Guilford Road in Carmel. Work includes some tree removal or trimming, 850' of new storm sewers, curb and gutter, culvert extensions, replacement of private drives with concrete, miscellaneous curb and ramp work, rough and finish grading and sodding. Maintenance of traffic and other incidental work is also included. Project Area: The project area is a target area bordered by Third Avenue on the east continuing to Guilford road on the west and continuing up Guilford road to Old Meridian on the north. Project Schedule: Preliminary Engineering .......................... Completed Final Engineering ................................... Completed Bidding ............ ...... ................................ .09/08 Construction Completed .... ..... ................ 06/30109 Final Payment ................................... .....07/31/09 Program Change: Changes orders increasing the cost or scope of the contract will receive Hamilton County participation only to those limits as described in Section 27 of this document. Participation by the county will not exceed the grant amount as described in Section 5(a) of this agreement. 12 ATTACHMENT 11-WORK PROGRAM BUDGET City of Carmel West Main Street Sidewalk [HCCDBG-07-7] A total of $220,359 was approved for City of Carmel West Main Street Sidewalks in Hamilton County's CDBG program for fiscal year 2007 including funding from FY06. All architecture and engineering/inspection costs are the responsibility of the local community. This grant covers construction costs only. The selected contractor's bid shows the total construction costs to be $ 361,160. Based on this bid, CDBG funds will cover 61 % of the actual construction cost. Upon completion of the project any unused funds will be returned to the County's CDBG program for future CDBG eligible projects in the city of Carmel. Contractor: Yardberry Landscape Company Estimated Construction costs1: Hamilton County CDBG Funds Base Bid: $ 220,359 61% Total Construction Cost $ 361,160 100% Subrecipient, Local Match· $ 140,801 39% *Subrecipient also responsible for all soft costs associated with project 13 oJ .. September 24, 2008 Board of Public Works and Safety JAMES BRAINARD, MAYOR One Civic Square Carmel, IN 46032 RE: Water AvailabUlty Request/Old Meridian Plaza Dcar Board Members: I recommend the Board approve Water and Sanitary Sewer Availability for the Old Meridian Plaza development located on Old Meridian Street. OLD MERIDIAN PLAZA Water: 38.83 E.D.U.s per Water Ordinance A66n7. Not to exceed an average daily flow of 11,649.0 gallons per day. Sanitary Sewer: 38.83 EDUs per Sewer Ordinance S58. Not to exceed an average daily flow of 11.649.0 gallons per day. Calculation of EDUs This site will contain a 4-story office and retail building at the west Old Meridian frontage and a veterinary clinic at the east side of tile development: Office -45,000 tp @ 0.5 EDUlI,OOO tp = 22.50 EDUs Retail -15,000 ft3 @ 1.0 EDUII.ooo tr 15.00 EDUs Total4-Story Office and Retail Building 37.50 EDUs Veterinarv Clinic -12,000 gaJ/montb + 9,000 gaVmopth/I.O EDU = 1.33 EDUs Grand Totals 38.83 EDUs John Duffy ofCarmel Utilities has approved the EDU calculation for this project. Water and Sapitary Sewer Availability <acreage) and Connection F~ Due to approved fee revisions that will become effective in the 3@ and4 Quarters of calendar year 2008, the fee calculations and fees due will be determined at or prior to final project approvaJ. The Carmel Clay Plan Commission approved this project, Docket No. 08020021DP Amend/ADLS Amend, on September 16,2008. 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. Sincerely, 7J11/l1~ Michael T. McBride, P .E. City Engineer MTMlrbh Enclosure Cc: John Duffy, Carmel Utilities S:\DHILL\AVAI L08\OLDMERIDlANPLAZA DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov .' • -. °Il 1111 • AMERICAN STRUCTUREPOINT INC. September 17, 2008 Mr. Dick Hill F.qineaing Department City ofCannel One Civic Square Carmel, Indiana 46032 Re: Request for Water and Sanitary Sewer Availability Old Meridian Plaza Docket No. 08010011 and 08060018 Approved by Plan Commission on September, 16, 2008 Dear Mr. Hill: American Structurepoint, Inc., on behalf of our client, Keystone Group, LLC, respectfully requests the sanitary sewer and water availability for the Old Meridian Plaza Project. Two buildings are being proposed on this site. The western building that fronts Old Meridian Street will be a 4-story office and retail building. The building will include approximately 45,000 sft of office space and 15,000 sft of retail space. This usa&e totals 37.5 EDU's for determining the water and sewer availability fees. The eutem building is proposed to be a 8,700-sft veterinary clinic. The EDU calculation will be forwarded to your attention after we have discussed this with John Duffy. At this time we ask to be placed on the Board of Public Works Agenda for the October 1,2008, meeting. We appreciate your time and consideration of our request. Please call me at (317) 547-5580 if you have any questions. v cry tnIly yours, American Structurepoint, Inc . .... -_.-------_----z: .. ~-_ .-..-~ Brad N.~je~~-. . ./ Project Engineer BNS:ecb 1N20071468 ":' "",,' .:; :;!~i ·'I:{"".I~,:'·:·>:n:o',;:,': ~r: :-."7.>, ,,~,t:D ';'/::,17. ):.",1;:'/(, /,:;:. ,,"11" ,,"::,, 0 JO BX3 'ON 1 WClO'lulod.m~'1NAM OlW'£t9'H£ XV.:t 099!i'lt9' l~£ 13.1. lS6£-99Zev NI 'SllOdVNVlONI NOLlV1S CNVl3<M-IS OSZl NV1d 3.1IS 'ONI INIOd3HnL3nHlS NVOIY3riV ----211 ----- . § ,. EL September 24, 2008 JAMES BRAINARD, MAYOR Board of Public Works and Safety I Civic Square Carmel, IN 46032 RE: National Bank of Indianapolis at West Clay-Irrigation System Water Availability Dear Board Members: Mr. Tom McDowell of Brenner Design, representing the National Bank of Indianapolis, has requested to be placed on the Board of Public Works and Safety agenda for approval of Water Availability for an irrigation system for the National Bank of Indianapolis which is located in Section 6003B, Block A in the Village of West Clay. This system will utilize Carmel Water. It will be installed on private property and apparently without encroachment into dedicated right of way and dedicated utility easements within the development. Based upon previous similar requests and review information provided by Jones & Henry Consulting Engineers on the effects of sprinkler systems on the City'S water distribution system, I recommend the Board approve water availability for this irrigation system as follows: NATIONAL BANK OF INDIANAPOLIS AT WEST CLAY IRRIGATION SYSTEM Water: 1.51 E.D.Us as per Water Ordinance A-66/A-77. Notto exceed an average daily flow of 453.0 gallons John Duffy, Carmel Utilities, has reviewed the plans for this installation and has approved the availability of 1.5IEDUs. I recommend the Board approve Water A vaiJability for this irrigation system, contingent upon the following conditions: I. The Developer/Owner will be required to enter into a Consent to Encroach Agreement with the City if it is detennined that any portion of the irrigation system will encroach upon dedicated street right of way or dedicated utility easements. This Agreement between the Owner and the City ofCarmel requires fmal approval by the City ofCannel Board of Public Works and Safety. 2. These conditions would also apply to future owners, ifat any time in the future, the owner/developer transfers responsibility of these facilities to the same. 3. Usage will be restricted to non-peak hours and the sprinkler systems will be the first in the line of restriction for the City. The City may require the sprinklers to be used only every second or third day, ifrequired in the future. 4. Connection Fees are based upon a total of 1.51 EDUs for the system. Payment of Water Connection Fees must be made as follows: I.5IEDUS x $1,396.00 Current Water Connection and Tap Inspection FeelEDU = $2,107.96. Ifpayment is made after October 11,2008, the Water Connection Fee will increase to $2,70 1.001EDU and the total payment required increases to $4,078.51. 5. All required irrigation pennits must be obtained from Carmel Utilities prior to the start of construction. 6. Contractors/excavators doing connections to City of Carmel water mains must also have a current Plumbers Bond on file in this office in the amount of$2,500.00. DEPARDIE1\l' or E'\GI,\EERING ONE O\1C SQUARE, CAll\lEL, IN 46032 Orne!:: 317.571.2441 FA)( 317.571.2439 E~1AIL enginecring@carmel.in.go\' Board of Public Works & Safety September 24, 2008 Page 2 7. Directional bores are required under sidewalks, curbs and pavements within dedicated right of way. No open pavement cuts in dedicated streets shaH be permitted. Exceptions to this policy require Board ofPublic Works and Safety approval. 8. The direction of flow from the sprinkler heads must be directed away from road or street travel lanes and not be permitted to spray or cover areas ofthe travel lanes or paved areas of intersections. Construction or development of this project must begin within twelve (\2) months or said approval expires and the developer or builder must reapply to the Board. Sincerely, /1J/~?n~ Michael T. McBride, P.E. City Engineer MTMlrbh Enclosure cc: John Duffy, Carmel Utilities Tom McDowell, Brenner Design S:\DHILL\AV AlL08\NATIONALBANKOFlNDlANAPOLlSWESTCLA YlRR Hill, Dick B From: Tom McDowell [tmcdowell@brennerdesign.com] Sent: Tuesday, September 23, 2008 11 :35 AM To: Hill, Dick B Subject: RE: NBI at West Clay Dick, We are requesting Board approval of water availability for the irrigation system at The National Bank of Indianapolis, located at 2410 Harleston St., Carmel, IN. and would like to be placed on the agenda for the Oct 1 BPWS meeting. Is the total fee $1107.96? Will the check need to be made out to Carmel Utilities? Also, as far as the irrigation system encroaching in a right of way or utility easement, when will the determination be made? Thank you, Tom Tom McDowell Graduate Architect 1,'" 1 .1"( '1.1!tll ~t:ll! BR[1";~ER DESIGN 1",bul,,·h,.I"\ l ,c"l lnllr",<lli,." 317.262.1220 Icl An:/iilt'L'/u" c.-" 317.2(;2.1260 f:l~ Inl..,.i,)r 1)"~1i?1t www.hrcollcrdcslgo.com From: Hill, Dick B [mailto:DHill@carmel.in.gov] Sent: Monday, September 22,20085:01 PM To: Nelson Smiley Cc: Tom McDowell Subject: RE: NBI at West Clay John Duffy of Carmel Utilities has confirmed the 1.51 EDUs and the Water Connection and Tap Inspection Fee at the current rate of $l,396.00/EDU and total of $1,107.96. If this is paid after October 6, the Water Connection and Tap Inspection Fee increases to $2,701.00 per EDU and the total fee to $4.078.51. Thank you very much. Tom, there is a BPWS meeting scheduled for October 1. However it has a deadline submission of this Wednesday so if you want to email me a letter of request for Board approval of water availability for the irrigation system, please do so as soon as possible and we can get this item on the agenda. I am awaiting Carmel Utilities official determination of EDUs but I am guessing it will be: 13,560 gal/month (per Barthuly Irrigation) .;. 9,000 gal/month/EDU =1.51 EDUs @ $1396.00 Water Connection Fee/EDU = $2,107.96. Additionally, the irrigation contractor will have to obtain an Irrigation Permit from Carmel Utilities and pay the permit fee. However, I have requested official determination from Carmel Utilities and they have not done so yet. There is another issue which I can't determine if applies to this site. If the irrigation system is installed in either dedicated street right of way or in dedicated utility easements or both, a Consent to Encroach Agreement is required between the Owner and the City. The agreement states the conditions of the City's approval for the encroachment. 1 ----------------- Bi.storic Fort Harrison EnctneeriD& 8901 OUII Annue SUJ"YeyiDlIndhmapoU.. Indiana 46216-1037 Landlcape Architecture ~~ 317-826-7100 CIS' lJS317-826-7110 FAX CeoloIYSchneider land Description Pari of Block •A" in the Village of Westclay. Section 6003-8. the plat of which is recorded as Instrument Number 2007013950. Plat Cabinet 4. Slide 264 in the Office of the Recorder of Hamilton County. Indiana. described as follows: Commencing at the Southeast comer of said Block •A". thence South 89 degrees 4a minutes 01 seconds West (bearings bosed up the surveys and plot of Vilage of West Cloy) along the north right-ol-way line of Harleston Street a distance of. 168.92 feet; thence North 00 degrees 11 minutes 59 seconds West a distance of 86.61 feet; thence North 89 degrees 48 minutes 01 seconds East a distance of 75.42 feet; thence South 71 degrees 16 minutes 56 seconds East a distance of 68.01 feet; thence North 89 degrees 48 minutes 01 seconds East a distance of 79.16 feet: thence South 00 degrees II minutes 59 seconds East a distance of 153.00 feet; thence South « degrees 48 minutes 01 seconds West a OlStonce of 70.71 feet to the Point of Beginning. containing 1.046 acres, more or less. . --------_.-------- WEST 131ST STREE1 --~ ! I -N-VOWC 6003-8 BLOCK "E" I 1 "=60' VOWC 6003-8 BLOCK"A" ~ 0)10"-(0 §~ HARlESTON N89'48'Ol-E 75.42' N89'48'~1-E 79.16 1.046 AC R -~ .~ -=] Z =:::J .~ ,~ v--/.~,\'c,~,\~. ~ "-P.O.B , S.L CORNER 6003-B BLOCK -A E:::- NL C(R 51. 1/4 SWICN 29-T~8-~:J[ _.-M. (R::BAR fOU/jD OVER SlONf PER H.C.S. 11[S) ~ o .....-""< :::-~ ~ ~;:::-~ ~~ 0-;= Vl L> ~ ~t;:f ' I"' ~I ~~ "'~ ~~ ~:< i~ III~ ~n~ b,b100 ~,,; '10 ~..- IZl1011 1t\IZJI\On\dovo\Mll_IIrA.....D08T,*'J I-~ 818 c JAMES BRAINARD, MAYOR September 24, 2008 Board of Public Works and Safety One Civic Square Carmel, IN 46032 RE: Secondary Plat Approval-Old Meridian Plaza Dear Board Members: Mr. Brad Schrage, EI of American Structurepoint, representing the Keystone Group, the owner ofthis property, has requested the Secondary Plat of Old Meridian Piau be placed on the Board of Public Works and Safety agenda for approval and signatures. The Plan Commission approved this project on September 16, 2008 as Docket #080 100 12 PP Amend and #08060018 ADLS. 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. However, we request that after Board approva~ this secondary plat not be released to the Petitioner or Owner for recording until required Performance Guarantees for Old Meridian Plaza have been posted with the Department of Engineering. Sincerely, 71./'7n~ Michael T. McBride, P.E. City Engineer MTMIrbh Attachments (Mylar Plats) S:\DHlLL\BPW08\OlDMERIDIANPLAZAPLAT DEPARTMENT OF ENGINEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 FMAII. pnoinf'f'rinp@r~rmf'l.in .pov CITY OF CARMEL FACILITY USE REQUEST FORM Name/Organization: Clbc;/:el K~II kf-au",L"! &.s()vc.,n(w Point ofContnt: &d'-ve.y <tk ~'1 --::J::<..J! Address: c.vU!e.If2..Z.3. I' City. State, Zip: C~~L ~ ~'a 3.3 Home PhoDe: ( ) S'7J--93£Y Work PboDe: (. ): ,£9S--D.?V Fill'. Number 1.(_)1.-"_________CeU Phone: ( ) eo? -" I b..3 For Profit Organization: Non-Profit Organization: A Individual: -- Day and Date Requested: _=(9,;..;bIo=..:;.k..:...=---=Z:;...f=--A___~_~_______ Time Requested: 7!oo a.m.e to: 1~~ a.m.8(Tbi' +dadCl set-up &.ad deaD-lip «wt.) Rebcanal nate: Time: a.mJp.m. to a.m.lp.m. City Facility Requested: Gazebo Fountain Area Caucus Room (1/3) _ (113)---X COUDcil Chamben Special Requests: Eledricity __ Fountain Restroom __:Other ~-F_____... Purpose: ~fAM"'~ kv /t(e.U.1 Number or People Eipected: ~C I Vendon: Yes ---No K (Ifyes, please attach list ~(veador(s) information.) Other Requests: City Street Closing (Large Events Only) _--'-_________ Neighborhood Street Closing (Street(s), Addn:5S(es) Blocked) --,._-______ The Carmel Board of Public Works and Safety resen'e8 the rigbt~ in its 50le discretion, to deny any facility use request and/or revoke apy previously granted request to use a City facility for any lawful reason. Received this /~+h day of Sep+e,Ylhe.r, looK, by tbe O~ce oftbe Mayor. Mayor's Office Revised: 01107 FIt~:; .:t 7 I -2. tf~i w.tN/.+ ~~ 20' d L~:9 LOOl £l aas 6~lSS6SLl£:xe.:l 8wn S3NOr OOt! I' ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY :USE POLICY I bue read and UDderstand the City of Carmel, radiana ("City") Facility Use Policy aad agree to be bo .... d by aD tbe terml aDd cODditioDs 6et fortb therein. . I will leave the City ...dUty I use in tbe IllDe cODdition tha. it wall Immediately prior to m)' we thereOf. I agree to pay for lDy damage, repair or cleaa-Ilp costs iDcarred by the City al a rullit ormy use ora City faciUty. ] hereby certify tbat I. and the otlaDiudoD I repreleDt, if applicable, agree to;be bound by the City's Facility Use Poliq and by ...y addition c:onditioDS or restrictions placed upon .y/our use ofa City facility by tlae Board. I uudersblDd tbat che Board has the riCht to deny or revoke my request for the ~te ofa City facility for IDy lawful reason, and tbat tbe harmless by lIIe aad/or my orgaJlizatioD from aD)' d.b1.g~ Co!ts or eIpelLStt Incurred directly or iadirectly as a result ofs~h actioD. Plene '1gB below aDd mail the completed form to the Office oftbe Mayor. ODe Civic Sgaan. Carmel. lawaaB 46032. Approved tbis __day of "' • 200_, CITY OF CARMEL, INJ)lANA ~·W=b!lb~~H4 tkrrIJ By aDd Througb i18 Board ofPablic Works aDd S.aCety Name of OrgabizatlolllAppliclPt Ji'sci"';'l llcwc.s -P~d~t- PrlaudN e Ind Title (If applicable) If) 1-3 ,J;:;vd,'-/'Ie... c,de.. C~ J:;v ~~J'.l Addrc511 ofOrpllludoDlApplicaDt Date: ~/();p James BrajDard. Presiding pmeer J>.te: I Mary ADD Burket Member Date: Lori WatSOD, Member Date:_______~......__________ ATTEST: DiaDa L. Cordray. IAMC, Clerk-Tnasarer Da~:__________~_________________ SpeaalCoDwtiObt: ___________________________________~____________________ £0 . d 0:8 [OOl £ l daS 6~l5S65[l£: x eJ awn S3Nor oo~ CITY OF CARMEL FACILITY USE REQUEST FORM Point of Contact: Address: Name/Organization:\\:~"dltu,,,," ",.n.IVII' JC=#!).../Yl)1 r'Il'1\ V VV\ {""V'.J "'4 ~15 E.. 14Lrlb (5fye~1 City, State, Zip: Bsttrs I "-' to !I (1037 Home Phone: ( ) Work Phone: alA 2{f1~/071 CeJl Phone: fib 501 ?2SX Fax Number .EI7) '2ipq /Q39 For Profit Organization: Non-Profit Organization: Individual: ~ Day and Date Requested: Y/2<11 0g~)~~~~-------------------------------- Time Requested: IJ ~()O a.m.B to: /~C£) _a.m.6<ThiS includes set-up and clean-up time.) Rehearsal Date: ~Time: I.J, 00 a.m.B to _1 :00 •.m.~ City Facility Requested: Gazebo ~ Fountain Area /'--for p/av-res Caucus Room (1/3) _ (2/3)_ Council Chambers Special Requests: Electricity L Fountain Restroom L Other ____________ Purpose: LAma'\ Y\Q Number of People Expected: /50 Vendors: Yes No ~(If yes, please attach list ofvendor(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 ;?3 rdtJay of 5--ep1-e r1'l kr, 200 6, by the Office of the Mayor. Mayor's Office Revised: 01107 !fI.!Jl)~toU1ili~i'r 11A. Lt:09/09/08 TliE 10:46 l'U ;)175714U;)1 Ii CITY OF CARMEL FACILITY lJSE REQUEST FORM Name/Organization: __Forest Dale EleJMntary Fun Run Point ofContact: _Beth Gabrick / Karen Cunninghana_____ Address: 11701 Lakeshore Dr. West City, State, Zip: CtmneI, TN 46033__ Home Phone: (317)569-8917 Work Phone: 1...(.........L)________ Cell Pbone: (3171J72-6159 Fax Number 1..(---1)________ For Profit Orgaoization: Non-Pront Organization: school_ Individual: ___ Day and nate Requested: _Friday, OctQber 10, 2008____________ Time Requested: _6pm_a.m.!p.m. to: _8pm_a.m.!p.m. (This Inchilln »et-ap and delUJ-up tim",) Rehearsal nate: 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 _______ Pnrpose: _ ..__Fun Run Number ofPeople Expected: _250___ Vendon: Yes ___ (lfycs, please attach list ofvendor(s) information.)No --- Otber Requests: City Street Closing (Large Events Only) __________ Neigbborhood StTeet Closing (Street(s), Address(es) Blocked) 01le lane blocked on Lakeshore Dr. Wt!st mui Lalreshore Dr, East. Also the use ofsid.ewalk along the South sid.e ofJ16th St. The run ltarts aJ 10721 Lakeshore Dr. Welt -Fore~t Dale .l!."Jementary. Tbe CumeJ Board of Public Works and Safety reserves the right, in its s.ole discretion, to deny any facility use request and/or ..evoke any previously granted request to use a City facility for any lawful reason. ! Received this 3.. -f-/, day of Sep-te",' b-e.-r ,200.1:.., by tbe Office ofthe Mayor. L('.L~_1"UKt;~T VALe09/09/011 nit; lU:4tl t,A.!. JJ.7~7HUa.l '* "Mayor's Office Revised: 01/07 ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I bave read ;tnd UDderstand the City of Carmel, IDdiaIla ("City") Facility Use Policy and agree to be bouad hy IllI the 'terms a.od CODditions !let forth therein. I wiJlle.v~ tbe aty '~ty I u.~ in the same toDdition that It W8.41 imln4:diatcly prior to my DSC thlb~" I agree to pay for oy damalt. repair or clean-up costs incurcd by the CIty as a result of my use of a CIty facility. I bereby certify thill I, and tile organization I represent, if'appliuble, agree to be bound by tile Oty'll Facility Use PoUey add by amy :lddithm COIlditi0lt8 or rcstril..1iODJ pJaced DpoD my/our use of a City fatWty by the Board. 1 uodentaDd that tile Board has the ript to deny or l"n'okc my request for the UlIC of a City fatUity for lU1y lawful reuoo, and that the harmless by me amd/or my organw.tioD from any dlllDAge$, ew or expcd8e* incurred dit'eCtly or bulircctly all a rcsuJt of ncb action. PJtaJe Sign below Rod mail the rompleted fonu to tbe Office of the Mayor. One Civic Square. Cllrmel.lDdillna 4(i032.. Approved this __day of , 200_" CITY OF CARMEL, INDIANA _Forest Dale EJ~meotary_ By and Tbroui:h its Board of Public Wor~ and Safety Name of Ol'JuizationlApplicant ~~ Sitn;,rtun: of~J'izcd ~ Jamc.s BrAinard, Presiding Offieer »IR:_________________________________Applicant _Betb Gabrick_ Printed Name ud Title (IfappHtable) Mal}' AmI Burke, Member Date:____________________~_ 10721 L4lkeabore Dr. West Carmcl, IN 46033,____ Address of Org-.uUz:ltioDiApplicaot Lori watson, Member Da~__________________________________ Date: 9 -.;;-D ~ ATTEST: Diana I .. Cordray, lAMe, Clcrk--TreasarerDatc:______________________~________ ~ ".;_ . ":-: 1,;. _ .. ':' __ 0_ . i .31...... I Trn"T J CJ Tr YV. ~ Q,,:nT ', -.-II AMERICAN°Il SmUCTUREPOINT INC.I.• September 17, 2008 Mr. Dick Hill Engineering Deparbnent City ofCarmel One Civic Square Cannel, Indiana 46032 Re: Secondary Plat Approval Old Meridian Plaza Docket No. 08010011 and 08060018 Approved by Plan Commission on 09116/2008 Dear Mr. Hill: American Structurepoint, Inc., on behalf of our client, Keystone Group, LLC, respectfully requests to be placed on the agenda for the October 1,2008, Board ofPublic Works meeting for Secondary Plat Approval. This is for the secondary plat for Old Meridian Plaza, a portion ofthe R.A. Franke subdivision Lots 8A and 8B. We appreciate your time and consideration ofour request Please call me at (317) 547-5580 if you have any questions. BNS:ecb IN20071468 .,," "",,' : • .'," 1, 0 wrolu!odaln~ll4s'lNNA 'ONI OLZO'£toS'.H£ XV~ 09S!rLtoS'L~£ 13.1 INlod3uruanulSLS8£-9SZ9lr NI 'SI10dVNVICNI N't'OHI3r-1't'NOU'tlJ.S CNVl3Cl'tlHS 09ZL NV1d 3J.IS aX3 'QN 133HS ... ' c L JAMES BRAINARD, MAYOR September 24, 2008 Board of Public Works and Safety One Civic Square Carmel, IN 46032 RE: SecoDd8ry Repl8t Approv81-C8rmel Drive Executive P8rk1CS&TP, Block 6 Dear Board Members: Mr. Adam DeHart, L.S. of Keeler-Webb and Associates, representing Sun Carmel, LLC and Carmel Drive Executive Office Park II, LLC, the current owners of record ofthe properties represented on this plat, has requested the Secondary Replat ofCarmel Science & Technology Park, Block 6 be placed on the Board of Public Works and Safety agenda for approval and signatures. The original approved Carmel Drive Executive Office Park project included 2-buildings on a 7.31 acre parcel. One building has been constructed on the eastern portion ofthe parcel, now designated as Lot IA. In the interim, the undeveloped western parcel has been sold. necessitating the requirement for this replat separating the original parcel into 2-lots, Lot I A (3 .190 acres) and Lot 2A (3.797 acres). This department recommends Board approval ofthis replat with the understanding that the owner or owners ofthe undeveloped west parcel, Lot 2A, will be required to post a Engineer's Estimate and Performance Guarantee for the completion ofthe Carmel Drive sidewalk, from the point where the sidewalk constructed with the City's City Center Phase nroad project now terminates, westward to connect with the existing sidewalk as a condition of approval ofany future development plans for Lot 2A. Sincerely, ~2?1tU Michael T. McBride, P.E. City Engineer MTM/rbh Attachments (Mylar Plats) S:\DHILL\BPW08\cARMELDREXECUTIVEPARKCSTPBLOCK6REPLAT DEPARTMENT OF ENGINEERING ONE CIVlC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov KEELER-WEBB ASSOCIATES nsultinJ ~. PlamaDI • ~ TELEPHONE (317) 574-0140 · FAX (317) 574-12e9 488 GRADLE DRIVE CARMEL . INDIANA 46032 September 17, 2008 Mr. Dick Hill Department of Engineering City of Carmel One Civic Square Carmel IN, 46032 Re: Carmel Science & Technology Park Block 6 Replat 755 & 765 West Carmel Drive Carmel, IN ~A project No. 0407-009 REQUEST TO BE PLACED ON THE BPW AGENDA Deborah L. Cannon, is the Special Property Manager for SUN CM 10, LLC, SUN CM 14, LLC, SUN CM 16, LLC, SUN CM 17, LLC, SUN CM 19, LLC, SUN CM 21, LLC, SUN CM 22, LLC, SUN CM 23, LLC, SUN CM 24, LLC,SUN CM 25, LLC, SUN CM 26, LLC,SUN CM 27, LLC, SUN CM 28, LLC, SUN CM 29, LLC, SUN CM 30, LLC, SUN CM 36, LLC, SUN CM 38, LLC, SUN CM 40, LLC, Indiana limited liability companies and new owners of Lot 1A. Steve Ponsler remains as the managing partner for Carmel Drive Executive Office Park II, LLC on Lot 2A. This replat is submitted to properly subdivide the real estate. They are proposing to provide 2 commercial sites on individual lots on the subject real estate. This property is zoned M-3 and contains 6.987 Ac. +/-. Please place this subdivision replat and on the next Board of Public Works agenda for review and approval of the 2 lots. We understand that the plat mylars have been forwarded to your office from DOCS. We appreciate your efforts on this project to gain the necessary BPW approvals. If you have any questions, require any additional documentation, or comments, please do not hesitate to contact our office at any time. Please forward the agenda for the BPW meeting we will need to attend. Respectfully, Keeler-Webb Associates 41iJ11 Adam DeHart, L.S. Project Manager Z:\PROJECTS\sURVEYS\0407-009JCC-PLAT -CARMELDR\0407 -OO9_CARMEL-TECHPARK6-BPtN-ENG.doc 1 CAQ.M:EL:"SCIENC:E & TECHNOLOGY PA~K .' I ;\, 8: ~ ~ ~, ",. ti ,; ~ -:lloj . Ic:i · I·ot .,}--:q o(H"'.Dl. M5' -'( ... .--a:t?' .I.J() ' .. 0; '" <> ~: ~ BLOCK 3 16.44 Ac . I:: 'Ii ... ~ Il '. .'~A.:"£_ ~ -~-.,.;;;'-:.7':;';;1'') -__,.-------r-=-: I --------.. ,. ~':~:.·~:;:·~}~~··'::':;I':' i:* __7..,t..,.~.:.) ' 1221.10. -.sr~£~r ~ -,-, I ... Bl~t . ~ . ' \.j , .. C) ~ ~.. BLOCK 10:-i'(' " ,,", 11.36 Ac.• •. -.... . -. ---.. . --i')4. ~~.,f!-? E_'=-1~·;~---_.. -. _. ------- _MId ______ '" _,,__• _____.. --------------....-_..._.._-"=.._-_..--_..-.._"...--_..._.._.-........_".... .....I .....--~__.-......................... -........ _---_.-.... _._-...........-.....,.....-., .... -'=:::='-"::"-=-J.l'======:::.::::_ ---.".," ~ ~ --~---- ." -,. •• c September 22, 2008 JAMES BRAINARD, MAYORBoard of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: Old Meridian Plaza -Request lor Curb Cuts; Sidewalk Closure; Open Pavement Cuts; Lane Restrictions Dear Board Members: Mr. Brad Schrage ofAmerican Structmepoint, Inc., on bebalfofKeystone Group, LLC, has requested approval for two curb cuts, sidewalk closure, open pavement cuts and lane restrictions to facilitate improvements within the right-of-way ofOld Meridian Street associated with the proposed Old Meridian Plaza retaiVoffice building and veterinary hospital. An existing on-site curb cut on the west side ofOld Meridian Street as well as the existing access to the property will be removed with development ofthis project. This project, Dockets No. 08070012 PP and No. 008060018 ADLS, was approved by the Carmel Plan Commission on September 16,2008. The proposed work in the right-of-way includes construction of the main entrance to the property, modifications to the existing median opening, modifications to an existing entracen on the west side ofOld Meridian Street, construction of new sidewalk, construction ofon-street parking spaces and modifications to the existing roadway drainage infrastructure. The main entrance is proposed approximately 1,72S-feet north of the intersection ofOld Meridian Street and Carmel Drive. There are no alignment issues with this curb cut since this project will modify the existing median opening and the existing property access on the west side of Old Meridian Street so that they all align. A curb cut is also requested for the proposed on-street parking spaces. The on-street parking spaces are consistent with other development occurring along Old Meridian Street which have installed such parking spaces. Closure of the existing sidewalk is required to facilitate the installation ofa new multi-use path across the frontage of the development. The open pavement cuts are associated with the entrance construction, median modifications and on-street parking space construction. The lane restrictions are necessary to facilitate the construction of the on-street parking spaces. The Department ofEngineering recommends that the Board approve the requested curb cuts, sidewalk closure, open pavement cuts and lance restriction contingent upon satisfaction ofthe following requirements: • In addition to complying with the approved construction plans for Old Meridian Plaza, the project's contractor shall comply with the provisions of the Carmel City Code 6-227(a)(I), 6-27(a)(8), 6-227(b) and 6-227(h). • The petitioner understands that approval is granted for the curb cuts, sidewalk closure, open pavement cuts and lane restrictions only. All other items of work shown on the attached exhibits are subject to review DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov ,t} Board of Public Works and Safety September 23, 2008 RE: Old Meridian Plaza -Request for Curb Cuts; Sidewalk Closure; Open Pavement Cuts; Lane Restrictions Page 2 of2 and approval by the Department of Engineering and other Departments ofthe City as part ofa separate approval process. • One lane oftraffic on Old Meridian Street shall be maintained at all times during construction ofthe on street parking spaces. Lane closure shall take place between the hours of9:00 AM and 3:00 PM. No lane closures or restrictions will be allowed outside ofthese hours. All other construction in the right-of-way may not restrict lanes oftravel ofOld Meridian Street at any time. • Approval of the Maintenance ofTraffic Plan by the Department ofEngineering prior to commencement of work is required. • The existing sidewalk shall be removed to the nearest existing joint past the limits ofthe proposed project and replaced with 4" minimum concrete per the approved construction plans. • The petitioner agrees to install all signage identifying the sidewalk closure and detour route prior to closing the sidewalk. Agreement with the Department ofEngineering on the establishment ofa detour route prior to closure ofthe sidewalk is required. Sincerely, 7J?~17J1~ Michael T. McBride, P.E. City Engineer Enclosures \\Issurapps I \user data\Shared\DHill\BPW08\OLDMERPLAZACURBCUT.doc -. -III 0_ I. • AMERICAN STRUCTUREPOINT INC, September 17, 2008 Mr. Dick Hill Engineering Department City ofCarmel One Civic Square Carmel. Indiana 46032 Re: Request for Curb Cut Construction, Right-of-Way Work. and Sidewa.Ik Closure Old Meridian Plaza Docket No. 08010011 and 08060018 Approved by Plan Commission on September 16,2008 Dear Mr. Hill: American Structurepoint, Inc., on behalf of our client, Keystone Group, llC, respectfully requests the following curb cut, work. in the right-of-way, and sidewalk closure to be permitted. A curb cut will be added along Old Meridian Street approximately 110 feet south of the existing curb cut The existing on-site CUJb cut and the curb cut located on the opposite side ofOld Meridian Street will be removed with the development of this projeCt. Associated with this curb cut is the work in the right-of-way required to maintain access to the proposed project The existing median along Old Meridian Street will be,modified to allow for a break in the median located at the proposed curb cut ParalIcl parking will also be added along both sides ofOld Meridian Street. In order to maintain the drainage of the right-of-way, one structure will be added along the east side of Old Meridian Street and will connect to the existing storm sewer system of Old Meridian Street. Utility poles located in the right-of-way will also be removed with the development of this project A fire department CODDCCtion, water meter, and post indicator valve for the office building will also be constructed in the right-of-way. During the construction ofthe project, the existing sidewalk will be closed, demolished, and then rebuilt with the completion of this project Included with this letter are two Exlubits showing the proposed demolition and site work in the right-of-way. Also enclosed are the MainteDance ofTraffic Plans. At this time, we ask to be placed on the agenda for the October 1,2008, Board ofPublic Works meeting. We appreciate your time and consideration of our request Please call me at (317) 547-5580 if you bave any questions. ----~------~----. BNS:ecb 000071468 ';'" ,I, II',:;, 1,1" 'r, '",i :, ',.'.'.. , '"" 0 B9.I'LOOlNI 'ON oor •JO :A8 ' o.~Kl -~.-':lNI . ~X3 Oa~)'tK'L~e XV~ OlV!l'Ltoe'L~t UJ. lNIOcBHfU!)OWS .SN8 :A8 ....v~a ~HI '8I"IOcNN'tO/1 NOlLvaONV'13ClVH8 OIIU NW:>lunw .0BOOl/L 1/60 :31va .11 ,0£ -.1 :3lVJS 'ON 133"S AYM-:IO-J.HeR:I ~N )lHOM 3~1S ~~~~~~~==~==~=-===~~~~~~~~~~' . ------------I ,_I ---II --III~--d ~ I IL...--=-~=~-=-=-==ftftI:::=!=-!!!!::::=-==!III.1 :!::=-:.=::..... ~ i! ~ I Ir-1-----~ . I I lid NY1d ~:10 DfYtBJJftIII I • C I (.) , ~ l 0~1 ~d • • -' ...". '1 \ ~r ./ ./ -_._-----_._---.. .J • • , ~~ I-=~~II -III--00flI· ..".---d -......UI:___..... ~ I I I 18=:-==-~~. I :II: ltd NY1d ~., iIONVJB1NYIII {111 II~ ------------... _ ,..... >< i5 w II 11\ CD Z ~ II> ,.,: 0 0 '" '"0 ~ ;: >-I~II i 0 zoC < I!! < ~:I: ~ ~ ~ I II. 9 ~ ~Iij§" Ii! qlw ~~.. i!= !r l iii ~ ~ -..: ~ ;; ~ 0 :I: !i~ ~ -~ a:: ;:) ~G!!=!! ••••-.0•.. e9~L'LOO~NI 'ON 80r •JO 'A8 'O,'H:) WOO~'_ -:lNI .-OLZO'og'HC)(>I~ O"e-L",'L~C UJ. lNlOcBHlU.3nHlS .~X3 SN8 'A8 "",,VMO L....NI 'Sno.MMONl NOf.L.....I.S ONV"mCMi8 OIIU NYOIHJ"Y _0 'iJOO~/L 1/60 'l.lvO .11 ,or -.L ']1V:)5 'ON lJJHS AYM-.:Io-J.HaRt 3HJ. N )U:lOM AJ.n~n .I September 23,2008 JAMES BRAINARD, MAYORBoard of Public Works and Safety One Civic Square Carmel, IN 46032 RE: Open Cut and Lane Restriction Request -Sl1 E. 111111 Street Dear Board Members: Resa Glover ofVectren Energy Delivery has requested approval for two 4' x4' open pavement cuts ofEast IIIth Street to install a gas service line and retire a gas service line. The proposed open pavement cuts in the asphalt are expected to be I 'x4' in size and are located approximately 400-feet west ofthe intersection ofCollege Avenue and Illth Street, on the southern edge of the eastbound travel lane. The remaining 3' x 4' cuts will be within the grass right of way ofEast III th Street. The Department expects the work to take no longer than one day. The Department ofEngineering recommends that the Board approve the requested open cuts and lane restriction contingent upon satisfaction ofthe following requirements: • The project's contractor shall comply with the provisions ofCarmel City Code 6-227(aXI), 6 227(aX8), and 6-227(b). • The petitioner agrees to meet with the Department ofEngineering to develop a traffic control plan. Such a plan shall conform to the requirements ofthe Indiana Department ofTransportation Work Zone Safety Manual. One lane oftraffic shall be maintained at all times on East III th Street through the use offlaggers. Ifpossible, two-way traffic shall be maintained if the existing roadway is adequate in width to allow two II-foot lanes oftravel with traffic cones or bmrels placed down the center of the temporary lanes. • The petitioner agrees to obtain Department ofEngineering approval ofthe traffic control plan prior to commencing the Work. Signage for the approved traffic control plan shall be placed in advance ofthe work as directed by the Department ofEngineering. • Any damage to the existing improvements within the right-of-way shall be restored to the satisfaction of the City when the work is complete. • Open pavement cuts shall be restored in accordance with City Standard Street Cut Patch detail. Sincerely, jrl,7/7l~ Michael T. McBride, P.E. City Engineer Enclosure \\lssurapps I\\user data\eng\Shared\DHiII\BPW08\s21E.lllIII STOPENClfI'.doc DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL en~ineering@cdnnel.in.goy . 4 .--. r: 10· " -~. .t.. ·W trr·cD . ~. TJ •.£. . . .' W· .() 1\]. :~ g-..~' . . u~- "B: )\7' ·111· ~1' Z ~It""';;:;::::::::::;..........:-........,.............+-:. '!i·r r. . gJ 1& m , . t7l. k -. ·· . . . .. I . .. .. .(. · t. . . . . . ~ ·I :&, ·ro.{J1... . . . -or"E"." " £ 'd Z£Zl 'oN 311IAS3180N A9H3N3 N3U~3A BOOl 'lll ...... '-'_. c September 22, 200S JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square carmel, Indian 46032 RE: Glanzman Property Curb Cut -11700 Clay Center Road Mr. Horace Pinon ()f Engledow Estates, on behalf of Mr. Ronald Glanzman, owner of the property at 11700 Clay Center Road, is requesting approval for one curb cut to serve the property. The proposed curb cut is on the west side of Clay Center Road approximately 280' from the center of the roundabout of Clay Center Road and 116th Street. This request is to formalize approval of and to improve an existing property access. The curb cut will be used for access of agricultural equipment. Usage would be limited to approximately 12 times a year by tractor and wagon for spray and hay harvest. Improvements would consist of one lSH RCP pipe w/end sections and grading modifications. Topsoil and sod will be utilized to restore the right-of-way. There is no pavement or gravel proposed within right-of-way. The Department of Engineering recommends that the Board approve the requested curb cut contingent upon satisfaction of the following requirement: • The project's contractor shall comply with the provisions of carmel City Code 6-227(a)(1), 6 227(a)(S), 6-227(b) and 6-227(h). • Any change in usage other than stated purpose described above for curb cut will invalidate approval. • Petitioner acknowledges that access in the future may be restricted to right-of-way only. Sincerely, J;J,J?n/Jd Michael T. McBride, P.E. City Engineer \\Issurapps l\user data\shared\DHILL\BPWOS\GLANZMANCURBCUT.doc DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov September 8, 2008 City ofCarmel Engineering Department Subject: Installation of Culvert along Clay Center Road To Whom It May Concern: The Estates Division at Engledow, Inc. would like to request a pennit for the installation ofa culvert and drive for a property along Clay Center Road. After the completion ofthe roundabout at 116fh and Clay Center Road, the property belonging to Ron Glanzman at 11700 Clay Center Road was left without adequate access to a portion ofhis property. We would propose the installation ofa 12 inch diameter culvert, topsoil, and sod (as shown on the design provided) to create a drive to access this portion ofhis property. Upon completion, this area will be maintained by us along with the surrounding areas. The City ofCarmel will not be responsible for any expense necessary to complete this project. Ifyou have any questions, please feel free to contact me directly on my cell phone at 317.281.2687. Thank you for your consideration. 1100 EAST 116111 STKElT CAHMEl, I NDIANA 46032 PHONE 31 7.575.1\00 FAX 317.573.7339 WHEREAS, Owner has placed thirteen street lights (the "Lights") together with underground power conductors and/or conduit, meter settings, and other ancillary equipment necessary for the operation ofthe Lights on the Real Estate (individually and collectively referred to hereinafter as the "Site Improvements") between the sidewalks and the streets; and WHEREAS, the Site Improvements have been installed on portions of the Real Estate designated as dedicated public rights of way (the "Rights of Way"), identified as Kingfisher Place, Kildeer Place, Snow Owl Drive, Bobwhite Lane, Blacktem Way, Coopers Hawk Drive, Gyrfalcon Place, Meadowlark Place, Hombill Place, Whippoorwill Way, Osprey Way, Kingrail Way on Exhibit B; and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the approximate locations of the Lights in the Rights of Way, (by means of an asterisk), a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Rights ofWay are beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachments") upon the Rights of Way; and WHEREAS, Owner and City acknowledge the location ofthe Encroachments; and WHEREAS, Owner acknowledges that this Agreement does not imply an approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location ofthe Site Improvements as indicated by the Owner on Exhibit B should not materially interfere with the City's use ofthe Rights of Way. (dJ--u:~""-'to ""'"'"'*_.. avila ..... _ ......doc:912J011 2 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, 'agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachments for only so long as: (i) the Encroachments exist; and (ii) Owner complies with the terms and provisions ofthis Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Site Improvements and/or the Encroachments from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion ofthe Site Improvements as City deems necessary, in City'S sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in any or all of the Rights of Way, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvements or to Owner. S. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims. judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the (dI:mswmtJ:~-""'-'to oncroodI_ lIaviID glen -/iPII,cIoc :9J2101) 3 Real Estate, or otherwise, which results directly or indirectly from any act ofthe Owner, its employees, officers, officials, invitees,licensees and agents in the Rights of Way. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or aJl ofthe Rights of Way and/or any improvements located therein caused by the installation, construction, maintenance or operation of the Site Improvements. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 8. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit oftheir respective heirs, administrators, successors and assigns. 9. The persons executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" THE TRAILS AT AVIAN GLEN HOMEOWNERS' CITY OF CARMEL, INDIANA ASSOClATION, INC. BY AND THROUGH ITS BOARD OF By: Ron Iacocca, President PUBLIC WORKS AND SAFETY f?cr.<vu~. ~0SSf.ffi. James Brainard, Presiding Officer Date: _______________ Date: \~, ~'lAb ~.~& Mary Ann Burke, MemberDate: __________________ Icb:.""o'd:l:llhal'tllNpidccIIlf' ....,'""'-. 10 .D........~..ib II arion lien 111"., Iipu.6oc::91VG11 4 Lori Watson, Member Date: _______________ ATTEST: Diana Cordray, lAMC, Clerk-Treasurer Dare: _____________________ roO""","",,,,"laborocNpid:oalfocmo_ to 0IIa'00dI'caib ........""" _liabII.doc::9I2101J 5 <...< '-r I ~ '· • ..,~~A rV~ YPUBLIC STATE OF INDIANA ) ) SS: COUNTY OF ,!fJAi"o') ) Before me, a Notary Public in and for said County and State, personally appeared RON IACCOCA, President of The Trails at Avian Glen Homeowners' Association, Inc., by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as hislher voluntary act and deed. Witness my hand and Notarial Seal this IJ-itday of :<s-C}dl.s .JAtJ{~ F ~ Printed Name My County ofResidence: . ;11lJ!t.ifJtJ STATE OF INDIANA COUNTY OF ,HAMILTON ) ) SS: ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD. MARYANN 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 "Consent To Encroach" 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: _________ I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. Icb:roswonb:IslIorWIIpidconIf"""-'.IO __'Orails., ",ion 11m 1I",'il/luAloc:9ll101l 6 LEGAL DESCRIPTION Part of the Northeast Quarter and the Northwest Quarter of Section 28 of Township 18 North, Range 4 East, located in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Within the platted right-of-way, between the curb and the sidewalk, approximately at the extension into the right-of-way of the common property line ofthe following Lots: 224/225, 2421243,250/251,264/265,295/296,3081309,3221323,3351336, 3451346, 3591360, 3701371, included with Section 8 of the Trails at Avian Glen subdivision as recorded in the Office of the Hamilton County Recorder on September 11,1995 as Instrument Number 95-51395 in Plat Cabinet 1, Slide Number 593; and with Section 9 of The Trails at Avian Glen subdivision as recorded in the Office of the Hamilton County Recorder on July 19, 1996, as Instrument Number 9609630227 in Plat Cabinet 1, Slide Number 694; and with Section 10 of The Trails at Avian Glen subdivision as recorded in the Office of the Hamilton County Recorder on July 7,1998 as Instrument Number 9836788 in Plat Cabinet 2, Slide Number 135. EXHIBIT "A" ~191HX3 N ." . :- . : .... -' , ': ""-. c i ; ' ,<r . . "'-: --" i : .. ": i I ,: • I, . ,~., , " ." . ,'--, ./ . , I , ~ , . .' .... .. , I '; • . , I _ Ii / ..' '.'. ' . . . . CONSENT TO ENCROACH , ~ APPROV3) AS TO FORM BY ~ THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Arthur G. Beriault and Ann J. Beriault, 13820 Smokey Ridge Drive, Cannel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Cannel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"), WITNESSETH: WHEREAS, Owner owns in fee simple Lot 104 ("Lot'') in the Smokey Ridge Subdivision which is located within the corporate limits of the City of Cannel. Indiana ("Subdivision"). which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat ofthe Subdivision was recorded in Plat Cabinet], ~lide Number 231 as Instrument Number 9218830 in the Office of the Hamilton County Recorder on May 19, 1992, as Smokey Ridge, Section Five; and WHEREAS, the current Owner wishes to construct a fence on the Lot (the "Site Improvement"); and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and , . Icb rnsv.otd·I·\s~\fonns'alnlcnbto ~ro:LCh\bcn.oh c;Ic (fcnc:e).doc:""/OII WHEREAS, the Site Improvement will be constructed on a portion of the Lot designated as a Drainage and Utility Easement (the "Easement"), identified as "10' D.U.E." on Exhibit B; and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, Owner and City acknowledge the location of the Encroaclunent; and WHEREAS, Owner acknowledges that this Agreement docS not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City's use ofthe Easement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachment for only so long as (i) the Encroaclunent exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the site improvement in good condition and repair. ...."""'-...I:a.~IO_.........~)~1 2 4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvement, the Lot, or to Owner. S. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 11 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. 7. Owner agrees to record this Agreement in the Office ofthe Hamilton County Recorder and to provide to City a recorded copy of same within ten (l0) business days of the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. I<+_"'~iol~_ _ .. ~ac(r.-)._;9H"'1 3 STATE OF INDIANA ) ) SS: COUNTY OF Vlg. (; y _ ) Before me, a Notary Public in and for said County and State, personally appeared ARTHUR G. BERIAULT and ANN J. BERIAULT, by me known, and who acknowledged the execution ofthe foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this 15"'" day of ~ , 200 ~. My Commission Expires: My County of Residence: _________ STATE OF INDIANA ) ) SS: COUNTY OF .HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of 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 "Consent To Encroach" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this __ day of , 20_. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: _________ I affinn, under the penalties for petjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Cannel, Indiana 46032. ~~~"~"'(-'·-I 5 8. The parties agree that the tenns ofthis Agreement shall be binding upon and inure to the benefit oftheir respective heirs, administrators, successors and assigns. 9. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf ofthe party which they represent. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. II, The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and after the effective date ofthis Agreement. "OWNER" "CITY" CITY OF CARMEL. INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Signature "i5'lot" ARa:B~r~ Date: James Brainard, Presiding Officer Date: ______________ ANN J. BERIAULT Mary Ann Burke, Member Date: _____________ ~ tIr~uo..... , re Lori Watson, MemberDMe: _____________________ ATTEST: Diana Cordray,lAMC, Clerk-Treasurer Dme: ____________________ 1do_~__~_.. _h~... (_~doc:~1 4 LEGAL DESCRIPTION Part of tbe East Half ofSection 19, Townsbip 18 North, Range 4 East in Hamilton County, Indiana Lot #104 in tbe Smokey Ridge Section 5 subdivision. Recorded in tbe Office of tbe Hamilton COUDty Recorder on May 19, 1992, in Plat Cabinet 1, Slide 231 as Instnlment ##9218830. EXHIBIT" A" t N ,. . c L JAMES BRAINARD, MAYORSeptember 22, 2008 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: Old Meridian Plaza -Storm Water Technical Standards Variances Dear Board Members: Mr. Brad Schrage of American Structure point, Inc., on behalf of Keystone Group, LLC, is requesting two variances from the City of Carmel Storm Water Technical Standards Manual. 1. The Storm Water Technical Standards Manual Section 302.12(3) Acceptable Outlet states: HAil storm sewer shall extend to either a receiving storm sewer system or an open regulated drain or natural surface watercourse as approved by the City of Carmel." Additionally, Section 602.02(H) Policy on Storm Water Pollution Prevention of said manual states: "Collected runoff leaving a project site must be either discharged directly into a well-defined, stable receiving channel, or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner." The property proposed for development does not presently have an adequate drainage outfall (a defined stream, ditch or piped system) within a reasonable distance of the site. Apparently, the property to the east, when developed, did not install piped infrastructure to accommodate the runoff from this property. The site presently discharges runoff to the ground surface at the northeast corner of the property. The Department worked with the petitioner to allow the proposed on-site detention system to discharge runoff at the current outfall location at the northeast corner of the property. Post developed allowable release rates set by the CIty's Storm Water Technical Standards Manual Section 302.03 requiring no greater than 0.1-cfs per acre of development for 0-10 year and 0.3-cfs per acre of developed area for 11-100 year return Interval storms have been satisfied. Satisfying these requirements represents a decrease in runoff from the existing condition. DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEl, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.goy Page 2 of2 Old Meridian Plaza Variances September 22, 2008 2. Section 302.06 of the Storm Water Technical Standards Manual requires detention of the fully developed right-of-way across the frontage of the development. The petitioner Is requesting a variance from this requirement. While It is possible to drain the frontage of this property into the proposed detention facility (albeit at some cost to the petitioner) the Department Is willing to support the requested variance due the fact that the site does not have an adequate outfall. At some point, the property to the east could be further developed and an adequate outfall provided; but there is no certain time frame for this development. In the short or near term the drainage from the additional right-of-way acreage, even though detained, would result In additional burden on the existing surface drainage system to the east. The petitioner needs to be aware of Section 302.12 (Acceptable Outlet) requirement which states: "Where the outfall from the stormwater drainage system of any development flows through real estate owned by others prior to reaching a regulated drain or watercourse, no acceptance shall be granted for such drainage system until all owners of real estate and/or tenants crossed by the outfall consent In writing to the use of their real estate through a recorded easement or are notified of such proposal and their rights to appeal any approval of the design. Proof of this notification must be submitted to the jurisdiction entity." The Department recommends that the Board approve the requested variances. Sincerely, /17,1 ?l1&.L Michael". McBride, P.E. City Engineer \\Issurapps 1 \user data \eng\shared\DHIIII\BPW08\OlDMERPLAZA VAIANCE2.doc -. -II I.°Il • AMERICAN STRUCTUREPOINT INC. Sep~17,2oo8 Mr. Gary Duncan Engineering Department City ofCarmel One Civic Square Cannel, Iodiana 46032 R.e: VariaDcc Request Old Meridian Plaza Docket No. 08010011 and 08060018 Approved by Plan Commission on 09/1612008 Dear Mr. Duncan: American Structurcpoint, Inc., on behalf of our client, Keystone Group, u.c, respcctfu1ly requests the following variaDcea from the City ofCarmel Technical Standards. We are requesting a variance to allow for the storm water outfall at the property line at the northeast comer of the property. The current site drains in this direction, and in the developccl condition, the runoff from the site is reduced to the 0.1 cfBIacre and 0.3 cfilacre rcquircmcnts of the City's Stormwatcr Technical StaDdards ManuaL Because there is not a defined stream or ditch located within a reasonable distance of the site, we are proposing to discharge the runoff from the site to the property line as current conditions allow. We are also requesting a variance from Stormwater Technical Standards Manual requirement to provide detention for the future development of the frontage right-of-way. Since the right-of-way is already developccl and drains to a separate basin, and the current detention area for the on-site stormwater detention is maxed out, we do not feel it is necessary to provide detention for this portion ofthe right-of-way. Because we are not detaining the stQrmwatcr from the right-of-way, we are also requesting a variance from the City's Stormwater Technical Standards Manual that requires extension of the storm piping to right-of-way. The current right-of-way is already developccl and drains via storm sewer system towards a separate basin from the proposed site. At this time we ask to be placed on the Board ofPublic Works Ageoda for the October 1,2008, meeting. We apprcciatc your time and consideration of our request. Please call me at (317) 547-5580 if you have any questions. . t, Inc _~~m . _ ... , ... --.. -_._-----.~ -=---=:~""'.~.-,? BNS:ccb 1N2OO71468 '1' 'j' I" "",, 0I:," '\; '.I , WOO1U!odQm~R4"1NNII 'ONI O.LZO'£t9'H£ XV:l 089S'.Lt9'.L~£ 13.L .LS6£-9S~NI 'SnOdVNVlONI INlod3HruanH1S NVOnI3~\fNOLlV1S CNV13ClVHS 09U NV1d 3.1IS BX3 c o ~ September 23,2008 JAMES BRAINARD, MAYOR Board ofPublic Works & Safety One Civic Square Cannel, Indiana 46032 RE: Pennwood Office Park -Stonn Water Technical Standard Variance Dear Board Members: Mr. Lenard H. Wolfson, of Wolfson-Young Architects, is requesting a variance ofSection 701.01 ofthe City ofCarmel Stonnwater Technical Standards Manual pertinent to the Pennwood Office project located at 116th Street and Pennsylvania Street. Section 701.01 requires that " ......all water leaving a site shall be treated by a stonnwater quality management system consisting ofa minimum of two different BMP's. The installed stonnwater quality management system shall be capable ofremoving a minimum of80% ofthe TSS (Total Suspended Solids). The petitioner is requesting this variance based upon the following justifications: • A single BMP will be installed and will satisfy the water quality requirements per Rule 5 ofthe State ofIndiana and applicable codes and regulations ofthe City ofCannel and the State ofIndiana, said BMP capable of removing 80% ofthe TSS as stated above. • The detention facility as exists currently does not contain any BMP provision. With expansion ofthe detention area the addition ofa BMP will improve the water quality as released from site. • Placement ofan additional BMP on site decreases the area available for modifications to the existing detention facility. While the detention facility was designed to the standards at the time ofinitial development; the Department became aware that the existing detention facility was not constructed to the proper size for the design condition. The Department required that the existing detention facility be modified with this project to satisfy the original design condition. In working through the design for this modified detention facility, it became apparent that the maximum water surface elevation ofdetention facility would cause water to flood over Washington Boulevard. As this area has a history ofdrainage problems due to a lack of adequate infrastructure installation when initially developed, the Department required further modifications to restrict the maximum water surface elevation to the west side of Washington Boulevard. DEPARTMENT OF ENGINEERlNG ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Page 2 of2 Pennwood Office Park Variance Sep~ber23,2008 These requirements resulted in more detention volume being provided than initially anticipated when the Pennwood Office Park project was initially filed in 2006 and reduced the land available on the site for other improvements. The Department recognizes that the petitioner's proposal will improve the existing detention facility providing more detention then required. Additionally the petitioner will satisfy the required 80% removal oftotal suspended solids with a single BMP. The installation ofa second BMP would offer negligible additional water quality benefits and would cause unnecessary hardship on the petitioner. Therefore, the Engineering Dept. recommends that the Board approve the variance of Section 701.01 ofthe Stormwater Technical Standards Manual as requested by the petitioner. Sincerely, 7nJ?n~ Michael T. McBride, P.E. City Engineer Issurapps I \user data\Shared\DHill\BPW08\PENNWOODOFFICEV ARIANCE.doc Description of the variance (CIty Code or Stormwater Technical Standards Manual section reference) and reason for seeking the variance Section 701.01 of the Stormwater Technical Standards Manual) -the variance being requested is that of the use of one (1) BMP Instead oftwo (2) BMPs In pursuit of the treatment and storm water cleaning at the proposed development. Said variance is asked for an elimination of a natural device (i.e. plantings, forebay) within the existing detention facility and relying on the proposed mechanical device. This has been done to Increase the capacity of the expanded detention facility. Said detention facility can and will act as a modified BMP for the project in iel of the aforesaid natural device as required by SectIon 701.01 Demonstration of how the variance is overcoming the Cty's requirements The elimination of said device will lessen the ability to clean and Improve the storm water that would leave the site as dictated by the Stormwater Technical Standards Manual. However, the placement of a mechanical device would still meet the requirements as set forth by federal and state agencies. In addition, the existing (and enlarged) detention facility will act as a modified storm water quality device. The elimination of said second BMP will also provide increased storm water detention for the area. 8Nirjlirj /(ofl.l" lVo~frl'irto fOtJa4' 501 SOUTH 9TH STREET. SUITE 100, NOBLESVIllE, IN 46060 PHONE: 317.770.1801 FAX: 317.770.1821 t nnn nn, n~~~ T~' I 1":'"1::'1::' .. LcSeptember 23, 200S JAMES BRAINARD, MAYOR Board of Public Works One Civic Square Carme~ Indian 46032 RE: Pipe installation in Easement-Lot 20 Shelborne Estates Dear Board Members: Mr. Glen McFatridge ofHusky builders, owner of Lot 20 ofShelbome Estates, has requested permission to install a drainage pipe within a platted drainage easement. The existing swale on the property was graded by the initial developer at a flat slope and there are areas of standing water and saturated soil both on the property and on the adjacent property to the east. A large amount ofoff-site watershed from an undeveloped property to the south also drains through this swale. An area on this property also experiences standing water and saturated soil. The petitioner is requesting to install the pipe to better facilitate draiDage across the property and to alleviate some ofthe standing water issues. Pursuant to Carmel City Code Section 6-227 (a) (4) (a) and (b) and (a) (S), the petitioner must obtain Board approval to install a permanent improvement in an easement, install a permanent improvement within a flood route, and to alter the grade in the easement. This project will disturb less than 0.2S-acres and is not required to conform to the City's Storm Water Technical Standard. However, the Department requested that the piping be sized to convey the lOO-year storm event runoff from the upstream contributing watershed so that the improvement would not be expected to result in a violation of Carmel City Code Section 6-227 (a) (7). In the event that the property to the south is developed, it is unlikely that the large otf-site watershed will continue to drain across this lot and the pipe will be oversized for the resulting watershed within the development. Such an installation requires a Consent-to-Encroach agreement. In the interest of the time ofyear and dwindling availability of weather favorable for such work: and restoration, the Department is requesting approval ofthe installation ahead of presenting a Consent to Encroach for execution by the Board. This will allow construction to commence immediately and provide as much time as possible for the area to be seeded prior to winter. The Department will provide a Consent-to-Encroach to the Board as soon as possible under the normal process to deliver such an agreement to the Board. The Department of Engineering supports the installation ofthe improvement conditioned upon the following: 1. Petitioner agrees to execute a Consent-to-Encroach and provide full disclosure ofthis Consent-to-Encroach to the purchaser. 2. The petitioner agrees to remove the improvement in the event that the improvement results in a detriment to the adjacent properties. 3. The petitioner shall install a swale at the property line to allow storm water to bypass the pipe in the event that the pipe is clogged or otherwise impaired and to allow the drainage from the lot itself to drain to this swale and not directly onto the property to the south. The minimum side slope ofthe swale shall be 4: 1 and shall be at least one foot in depth. 4. Petitioner acknowledges that the improvement is a private pipe that must be maintained by the property owner and not by the City or the Hamilton County Surveyor's Office. DEPARTMENT OF ENGINEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Board ofPublic Works and Safety September 23, 2008 RE: Pipe Installation in Easement-Lot 20 Shelbome Estates Page 2 of2 S. Pursuant to Carmel City Code Section 6-227 (e) (I), the pipe shall discharge as a Legal Discharge at least 2S feet from the property or easement line onto an absorbent surface such as grass, mulch, soil or aggregate with positive fall away from the outlet such that the discharge does not cause, create or result in or represent the potential to cause, create or result in a detriment 6. Grading within the landscaping easement shall not deter growth and long term viability ofany material planted within the easement. 7. As discussed during meetings with the Department of Engineering, petitioner agrees to provide written prooffrom the owner ofthe adjacent lot that installation ofthis pipe is acceptable. 8. Provide as much cover over the proposed pipe as possible. Sincerely, /1l~ 7J1A -J Mike McBnde, p~ City Engineer Enclosures Z:\shIred\DHilI\8PW08\LOnOSHELBORNEESTATESPIPE.doc --- ---- Plot Plan Lo' ,20 In SIIeI ...... ",. Clloloo. a ou!NIlYlolon 1ft~ Homlno" County. Ittdhmo. ct. per pfat thereof, roco-.. 00 In_' No. 2001_~16. "'0' TIfIICAL DALE SCC1ION Cob'ft.' J. Slide " . 1ft 1M Olflc. 01 "'. ....... ....... fW':: tot Tao 30' AGGRCc:..T£ 10' II/H II(AII nNISHCD c:..IIAGC rLOOII IlASCIICNT ASIIJln SAN/TAllY UI'STIICAII T.C. STOIIII STOIIII IIANHOLC T.C.,'07 t / / LH/BASEUENT 8-8 II/W 8.L 45.00' ~ 8 'W ~i ' ........ 2 .• \ ~·~~ES..T. 20' LANOSCAPE CS..T. 24T. O.U.U .C. ,......., Roc..... 01 Homlllott Coull".. ".." ....0 • Scole: ,. -JO' ~OOI roacllT rtACC-lOT -1~.017 S.f . I 0 15 )0" rAlIO nOOll CLCVATlON. "5.'0 CLCVAnOH-"J.JO CLCVATIOfj-'05.JO "J. CLCV.• "2." OO_mAil T.C. "2. CLCV.z '''.78 T.C. ,,07. CLEV.-9l2.~7 8 ~ SANITAIIY WANHOLE o STOIIII WANHOLE • STOIIII 'NLETi nile HYOIIANT SANITAIIY LA T£IIAl .........-SAN/TAIIY WAIN STOIIII 'oJ WATCII SUI SUllfACC DIIA/N OllAINAGC now 000.0 PROPOSeD GIIADC 1000.01 CXISTING GIIADC SACK Of CUIIB TO SACK or CUII8 RIGHT or WAY WILDING UNC OIIAIHAGC uTlurr AND scwn EASCIICNT ~.:::.~::,=:t I~~~=n'oln DArr: 06-26-1008 W_~""I_~_NOTbo ~fOf fIII"I ~moM by the controctor oft... the '-uonce of ttl. plan. It '-the controctor', IoIItNnot, ~Ifty that NO Itarm 1rOI., ~-o,t from this ,it, ~""","",,",I"~ __. DAVID A. YORK-REG. L.S.-IN 620200053 NOTE:The _joet pn>porty DOES NOT lie .ithift a Spec.,1 noo" Ho.",,, Zane A 01 platted by ocalo aft tho VClllfY SANITAIIY LATCRAl lOCATION fod.rol C_ _ CNje",.ft\ Atjeftcy. Not.,nal PlllOR TO Dll/VEWAY CONSTIIucnOH. Flood Jnluronee Pr09rom, Flood Inlurone. Rote Wop INSTALL SAN'TAIIY LAT£IIAl PIIIOII Commuft;Iy-POftOI _ '8057C020Y. lor TO J' WAUC COHSTllUcnON. Homifton County, Indiono. doted 19 rebruory 2003. 1WI drINirIt II NOT ~tD M HOTE : Utility 50\«01, or• .noW" bONd upon ..."..eNid • 0 retracement or "HOLEY MOLEY" opprolimot. propoaed tocot;onl ond may vory 'rom ori;'ftoI ~'''"Po D rout. --...................... their actual Ioeotfon ot tim. of conatruction. ~. Dt • ~L,."cation Repot1. ,-, flliaUng ground Nvatkwtt era aho..,. Nrain ore loll.n -~ ~....... 'rom thoH elftGUonl ,ho." on the ~t p«J'" p., tndiorla Slate Law lS-a8-1891, It "lor SHCl90URNC CSTArrs ~d by Tho $c_... avairt'll tl'le Law ta ncovate wUhaut Corp.. dotod J I Jonuoq 2002. No I;oId _mcatlorl 0' noU'rln9 the un_pound location ...vice t..., (2) warklnV daY' befare eommencin9e.i8ting "'vot;on8 was mode IOf' thiJ: P'ot plan, woe-1U41 C>I 00-30-3_!!II I IDMnli: .,... Dll Added flO' 01 .10Ift' p.,.. HUSKY_c.u_ .....BUILDERS ~._ 1",* DAY I"",", ~"'.,.......II .... (a~ -~-'-01-01 ·-1 \ .-\ \I.G II \ \•; II \ ,. ,