HomeMy WebLinkAboutBPW 101508 Paperless PacketCity of Carmel
Board of Public Works
and Safety Meeting
October 15, 2008
10:00 A.M.
Diana L. Cordray, Clerk Treasurer
r'
City of Carmel
Office of the
Clerk~Treasurer
MEETING
NOTICE
CARMEL BOARD OF PUBLIC
WORKS
WEDNESDAY, OCTOBER 15,2008
AT 10:00 A.M.
COUNCIL CHAMBERS
CARMEL CITY HALL
ONE CIVIC SQUARE
NOTICE IS HEREBY GIVEN THAT THE CITY OF CARMEL
BOARD OF PUBLIC WORKS WILL HOLD A MEETING ON
WEDNESDAY, OCTOBER 15, 2008, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE.
THE PURPOSE OF THE MEETING IS CITY BUSINESS.
n:':L '-W IC SQU,'\RE CARMEL, INDIANA 46012 117/) 71·2414
,
:3 /~ <e. Resolution No. BPW-1O-15-08-04; Village Green Townhomes, Section 2;
Curb & Gutters, Water Mains, Sanitary Sewers, Storm Sewers, Street Signs,
Asphalt Path; Dawn Barnet, Drees Homes
4. CONTRACTS
yD
Request for Purchase of Goods and Services; Pearson Ford (Bid Award
$122,340.00); David Huffman, Street Commissioner
Request for Purchase of Goods and Services; Consolidated Fleet Services;
($2,275.00); Chief Keith Smith, Cannel Fire Department
Request for Purchase of Goods and Services; Earth Exploration;
($101,550.00); John Duffy, Director of the Department of Utilities
Request for Purchase of Goods and Services; Total Fire Group;
($273,129.00); Chief Keith Smith, Cannel Fire Department
Request for Purchase of Goods and Services; Moss Glass Company;
($3,165.00); Steve Engelking, Director of the Department of Administration
Request for Purchase of Goods and Services; Change Order #3; E&B
Paving; 131st Street Towne -Shelborne (Decrease $38.45); Michael McBride,
City Engineer
5. USE OF CITY FACILITIES/STREETS
a. Request to Use Gazebo, Common Areas and Grounds; Carmel Fest; July 2, 3 3-,0 & 4,2009; Gary Frey
b. Request to Use City Streets; Run; Saturday, October 25,2008; 11:30 a.m. to
11 :00 p.m.; Lainie Paul, Brockway Public House 5"'0
6. OTHER
a. Resolution NO. BPW-10-15-08-05; A Resolution of the City of Carmel Board
of Public Works and Safety Setting 2009 Employer and Employee.3~D Contribution Rates; Barbara Lamb, Director of Human Resources
b. Resolution NO. BPW-I0-15-08-06; A Resolution of the City of Carmel Board
of Public Works and Safety Suspending Employer and Employee Health ~,,!() Insurance Contributions; Barbara Lamb, Director of Human Resources
c. Resolution NO. BPW-I0-15-08-07; A Resolution of the City of Carmel Board
of Public Works and Safety Ratifying the Mayors Signature; Steve Engelking,
3"'0 Director of the Department of Administration
d. Request for Amendment (6th) to Employee Health Benefit Plan; Barbara
Lamb, Director of Human Resources 3-D
Request for Secondary Plat Approval; Larkspur, Phase 2; Michael !>,.o e. Hollibaugh, Director of the Department ofCommunity Services
f. Request for Utility Agreement; 136th and Keystone; Duke Energy;
($94,684.00); Michael McBride, City En~ineer3~
g. Request for Consent to Encroach; 136t and Schaefer; Jack Kibort, Ashbury
Park Homeowners Association 3,q)
,
BOARD OF PUBLIC WORKS & SAFETY MEETING
MINUTES
WEDNESDAY, OCTOBER 1,2008 -10:00 A.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
Board Member Burke called the meeting to order at 10:02 a.m.
MEMBERS PRESENT
Board Members, Mary Ann Burke, Lori Watson,' Clerk Treasurer, Diana L. Cordray; Deputy
Clerk Treasurer Sandra Johnson
MINUTES
Th e Minutes for the September 17, 2008 Regular Meeting were approved 2-0
BID OPENING/ AWARDS
Bid Opening/or East side Salt Barn and Storage Building Expansion; Board Member Burke
opened and read the bids aloud.
Company Base Bid Alternate I Alternate 2 Alternate 3
Crescent Building $ 998,850.00 $ 315,500.00 $ 370,000.00 $ 65,550.00
R.L. Turner $1,067,000.00 $ 378,000.00 $ 426,900.00 $ 80,000.00
REI Construction $1,031,700.00 $ 357,500.00 $ 391,700.00 $ 94,000.00
Gilliatte $1,059,000.00 $ 336,000.00 $ 396,000.00 $ 79,000.00
Quantun General $1,343,040.00 $ 340,200.00 $ 416,625.00 $ 90,890.00
Garmone $ 1,159,000.00 $ 368,000.00 $ 442,000.00 $ 108, 000. 00
Gibraltar Construction $ 997,500.00 $ 311,000.00 $ 350,000.00 $ 67,000.00
MacDougall Pierce $ 978,000.00 $ 267,659.00 $ 313,833.00 $ 70,500.00
Myers Construction $1.068,000.00 $ 324,000.00 $ 373,000.00 $ 56,000.00
Dallman $1,093,824.00 $ 420,958.00 $ 463,618.00 $ 98,886.00
Flaugher, Inc. $1,033,000.00 NA NA $ 98,300.00
Matcon $ 969,000.00 $ 322,000.00 $ 361,000.00 $ 78,000.00
The bids were given to David Huffman, Street Commissioner for review and recommendation.
Bid Awardfor the Main Street Side Walk Phase 1; Yardberry Landscape; $361,160.00; Board
Member Burke moved to bring the itemfrom the table. Board Member Watson seconded. Item
removedfrom the table 2-0. Board Member Burke moved to approve. Board Member Watson
seconded. Request approved 2-0.
,
Request to Use City Streets; Fun Run; Friday, October 10, 200B; 6:00 p.m. to B:OO p.m.; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
OTHER
Resolution NO. BPW-10-01-0B-01; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Transferring Service Pistol and Badge to Retiring Officer Janet L. Carpenter; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Resolution NO. BPW-10-01-0B-04; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Accepting the Transfer ofProperty from Clay Township to the City ofCarmel; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Resolution NO. BPW-10-01-0B-05; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Exchanging Police Department Vehicle to the City ofCicero Indiana Police
Department; Board Member Burke moved to approve. Board Member Watson seconded.
Request approved 2-0.
Resolution NO. BPW-10-01-0B-06; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Exchange ofSurplus Police Equipment to the Marion County Sheriff's Department;
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2
O.
Requestfor Funding Agreement; City ofCarmel and Hamilton Country Board ofCounty
Commissioners; ($220,359.00); Board Member Burke moved to approve. Board Member
Watson seconded. Request approved 2-0.
Requestfor Water and Sanitary Sewer Availability; Old Meridian Plaza; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Water Availability; National Bank ofIndianapolis; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Secondary Plat Approval; Old Meridian Plaza; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Secondary Plat Approval; Carmel Drive Executive Park; Block 6; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Commercial Curb Cut; Sidewalk/Path Closure; Old Meridian Plaza; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Open Pavement Cut; Replace Gas Service; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 2-0.
Request to Residential Curb Cut; Improve An Existing Property Access; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 2-0.
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 "Keystone Parkway and 13fth
Street Interchange City of Carmel Project #07-0BF Project' at the office of the Clerk
Treasurer, One Civic Square, Carmel, Indiana (City Hall) 10:00 AM Local Time on
or before October 15th , 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 -Keystone Parkway and 136th Street Interchange, City of Carmel Project
#07-0BF".
A bid bond or certified check in an amount not less than ten percent (10%) of the amount
bid must be submitted with each bid. A one hundred percent (100%) performance and
payment bond will also be required of the successful bidder. It is intended that actual
construction of all work divisions shall be started as soon as practicable, and each
bidder shall be prepared to enter promptly into a construction contract, furnish a
performance bond, and begin work without delay in the event the award is made to him .
A pre-bid conference for discussions of the Project, the bidding requirements and other
important matters will be held on October th at 10:30 AM in the Caucus Roorn on the 2nd
Floor of City Hall (One Civic Square). All prospective bidders are encouraged to attend
the pre-bid conference.
The Project consists of, but is not necessarily limited to, the following:
Construction of a teardrop-shaped roundabout interchange at the intersection of
Keystone Parkway and 13fth Street, reconstruction of Keystone Parkway segments
running north and south of the interchange, and reconstruction of portions of 13fth Street
directly east and west of the interchange. Project includes new construction of a two
span bridge over Keystone and bridge reconstruction for the existing Keystone bridges
over Cool Creek.
Contract Documents for the Project have been assembled into one bound project
manual, which together with drawings, may be examined at the following locations:
City of Carmel
Department of Engineering -1st Floor
One Civic Square
Carmel, IN 46032
(317) 571-2441
NTB-l lN20030661 .C4.FE.DOC
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 "Keystone Parkway and 116h Street /
Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Projecf' at the
office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) 10:00 AM Local
Time on or before October 15h, 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
Keystone Parkway and 116h Street / Carmel Drive Advance Maintenance of Traffic, City of
Carmel Project #07-08C-1 ".
A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid
must be submitted with each bid. A one hundred percent (100%) performance and payment
bond will also be required of the successful bidder. It is intended that actual construction of all
work divisions shall be started as soon as practicable, and each bidder shall be prepared to
enter promptly into a construction contract, furnish a performance bond, and begin work without
delay in the event the award is made to him .
A pre-bid conference for discussions of the Project, the bidding requirements and other
important matters will be held on October 7'h at 10:30 AM in the Caucus Room on the 2nd Floor
of City Hall (One Civic Square). All prospective bidders are encouraged to attend the pre-bid
conference .
The Project consists of, but is not necessarily limited to, the following:
Construction of local road system to be that is to be part of a future split diamond roundabout
interchange at the intersections of Keystone Parkway with 116h Street and Carmel Drive
Contract Documents for the Project have been assembled into one bound project manual,
which together with drawings, may be examined at the following locations:
City of Carmel
Department of Engineering -1 sl Floor
One Civic Square
Carmel, IN 46032
(317) 571-2441
Notice to Bidders
City of Carmel
Sealed Bids for the City of Carmel, 36-lnch Keystone Water Transmission Main,
Contract 66D will be received by the Board of Public Works and Safety for the City of
Carmel, Indiana, ("Owner") at the office of the Clerk Treasurer in City Hall, One Civic
Square, Carmel, Indiana 46032, until10:00am, local time, on October 15,2008. The
Bids will be publicly opened and read by the Board of Public Works and Safety at
10:00am on October 15, 2008 in Council Chambers at City Hall. The Bid should be
clearly marked "BID ENCLOSED Contract No. 66D" on the outside of the envelope, and
as otherwise set forth in the Bid Documents.
In general, the work consists of: installing approximately 3,700 LF of 36-inch water main
through an existing casing under Keystone Ave . and along Keystone Ave. between 116th
St. and 106th St. as shown on the Contract Drawings. Copies of the Bidding Documents
may be examined at the office of the Utility Director, or at the office of Jones & Henry
Engineers, Ltd., ("Engineer") 2420 Coliseum Blvd., Suite 214, Fort Wayne , Indiana
46805, without charge. Copies may be obtained from the latter office upon the non
refundable deposit of $50.00, check only, made payable to Jones & Henry Engineers,
Ltd., for each set of Bidding Documents.
Bids must be submitted on the forms found in the Bid package, must contain the names
of every person or company interested therein, and shall be accompanied by a Bid Bond
in the amount of 10% of the amount bid with satisfactory corporate surety or by a
certified check on a solvent bank in the amount of 10% of the Bid, subject to Revised
Form 96 conditions provided in the Instructions to Bidders. The successful bidder will be
required to furnish satisfactory Performance and Payment Bonds in the amount of 100%
of the Bid .
Any Bid may be withdrawn prior to the scheduled closing time for receipt of Bids, but no
bidder shall withdraw his Bid within 60 days after the actual opening thereof.
The Owner reserves the right to reject and/or cancel any and all Bids, solicitations and/or
offers in whole or in part as specified in the solicitation when it is not in the best interests
of the governmental body as determined by the purchasing agency in accordance with
IC 5-22-18-2. The Owner also reserves the right to waive irregularities in any Bid, and to
accept any Bid which is deemed most favorable to the Owner.
Diana Cordray
Clerk Treasurer
City of Carmel, Indiana
451-6015 Contract 66a AD-I Advertisement for Bids
NOTICE TO BIDDERS
City of Carmel, Indiana
Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton
County, Indiana will receive sealed bids for the above described "Video Monitoring Project" at the
office of the Clerk Treasurer, City Hall, One Civic Square, Carmel, Indiana until 10:00 a.m. local
time on or before OCTOBER 15, 2008, and commencing as soon as practicable thereafter
during the Board of Public Works Meeting on the same date. Such bids will be publicly opened
and read aloud in the Council Chambers of City Hall. No late bids will be accepted.
All bids and proposals shall be properly and completely executed on the proposal forms provided
with the plans and specifications, which will include the non-collusion affidavit as required by the
State of Indiana. The bid envelope must be sealed and have the words "BID -"Video
Monitoring Project".
A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid
must be submitted with each bid. A one hundred percent (100%) performance and payment
bond will also be required of the successful bidder. It is intended that actual construction of all
work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter
promptly into a construction contract, furnish a performance bond, and begin work without delay
in the event the award is made to him.
The Project consists of, but is not necessarily limited to, the following:
The project purpose is to provide visual safety enhancement for certain external locations and to
transmit video signals from those locations to the City of Carmel video system server for
distribution, archival retention and remote access.
Contract Documents for the Project have been assembled into one bound project manual, which
together with drawings, may be examined at the following location beginning on OCTOBER
1,2008:
Carmel Police Department
3 Civic Square
Carmel, IN 46032
(317) 571-2531
Attn: Aaron Dietz
Bidders shall assure that they have obtained complete sets of drawings and Bid Documents and
shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of
drawings and Bid Documents.
This Project will be funded by the City of Carmel.
No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date
set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the
right to hold any or all bids or proposals for a period of not more than thirty (30) days and said
bids or proposal shall remain in full force and effect during said period. The City of Carmel
reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in
part as specified in the solicitations when it is not in the best interests of the governmental body
as determined by the purchasing agency in accordance with IC 5-22-18-2.
Diana L. Cordray
Clerk-Treasurer
Page 1 of 1
Johnson, Sandy M
From: Duffy, John M
Sent: Tuesday, October 07,2008 11 :05 AM
To: Johnson, Sandy M
Subject: Bid award -contract signing
Sandy,
For the October 15th BPW meeting, we will award the 136th & Keystone water main project to Millennium Contractor's, LLC in
the amount of $164,700. They were the lowest most responsive bidder.
I will also have contracts to sign for this project at the meeting. Thank you & please make note that I was early in getting this
to you!
J Duffy
ro}J
10/7/2008
I
To: Board of Public Works
and Safety
City of Carmel, Indiana
Date: October 15, 2008
Resolution No: BPW-l0-15-08-01
Principal: Red Robin International,
From: City Engineer
Surety:
Inc.
Travelers Casualty and
Insurance Co~of America
Board Members:
I have conducted final inspection of Red Robin Gourmet Burgers Projec
for the following improvements:
ITEM Bond Number AMOUNT
Erosion Control 104966462 $ 5,750.00
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 $500.00 for the materials and
maintenance of post-construction BMP, said Guarantees to run for a
period of (3) years from date of release of the Performance Guarantee
2.
Approved:
2Z2i~£City Engl.neer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 15th day of -=O;c;t;o=b;e=r_________ 20~, that the Performance
bonds for Red Robin at Clay Terrace 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
August 26, 2008
Dick Hill
City ofCarmel
Depaibneat of&gineeriDg
1 Civic SqUll'e
Carmel, IN 46032
RE: Clay Terrace-Bond #104966462
Dear Mr. Hill,
We would like to request consideration at the September 17* Board ofPublic Wodts and
Safety-Meeting in the release ofany aod all outstanding bouds associated with the
development oftile Red Robin site at 14599 Clay Terrace Blvd, Carmel, IN 46032. Ifthere
are any remajning issues pending we would request that they be outlined amd sent beck to my
attention.
Sincerely,
L(f)~~
Maria Camp
Development Finance Manager
Red Robin International, Inc.
6312 S. Fiddler'. Green Circle
Suite-200N
Greenwood VUJaae, CO 80111
(303) 846-6056
...MIll ........... Inc. • U12 SeuIh ~~QdI. SU111200 ... 81_ ........ mall
..
To: Board of Public Works
and Safety
City of Carmel, Indiana
Date: October 15, 2008
Resolution No: BPW-10-15-08-0L
Principal: Lauth Construction Group,
From: City Engineer
Surety:
LLC
Bond Safeguard Insurance
Com~
Board Members:
I have conducted final inspection of Clay Terrace Boulevard Projec
for the following improvements:
ITEM Bond Number AMOUNT
Left Turn Lane 5033030 $ 53,594.00
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
Guarantee amount are required, said Guarantees to run for a period of
(3) years from the date of release of the Performance Guarantee.
2.
Approved:
~2A¥~~CiY£ngfneer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 15th day of -=O~c~t~o=b~e=r_________ 20~, that the Performance
bonds for Clay Terrace Boulevard 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
f'
A.
LAUTH
PEOPLE. TRUST. EXPERIENCE:'
September 24,2008
Dick Hill
City of Carmel
One Civic Square
Carmel, IN 46032
Re: Clay Terrace Boulevard Improvements
Dear Mr. Hill:
This letter shall serve as notice that the Right of Way Permit No. 071708-1 work has been
completed and is ready for final inspection. In anticipation that the work is completed to the
satisfaction of the dty inspector, I would also request that the associated bond for this work be
placed on the agenda for October 15, 2008 Board of Works and be submitted for release.
Please feel free to give me a call if you have any concerns at (317) 575-3106.
Sincerely n _
7ld.~
Mike Simmons
Director, Construction Operations
Lauth Construction, LLC
CC: File
401 Pennsylvania Parkw
Indianapolis. Indiana 462.04RS 317.848.65'U/~BUllDING www.lauth.n
'" To: Board of Public Works Date: October 15, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-10-15-08-03
Principal: Drees Premier Homes, Inc.
From: City Engineer
Surety: Liberty Mutual Insurance Co.
Board Members:
I have conducted final inspection of Village Green, Section 1 Project,
for the following improvements:
ITEM Bond Number AMOUNT
Curb & Gutters 014041829 $ 13,943.91
Water Mains 014041837 $ 83,547.00
Sanitary Sewers 014041831 $ 54,727.00
Storm Sewers 014041830 $ 70,399.00
Street Signs 014041833 $ 2,000.00
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, said
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees in the amount of 10% of the Performance amount,
for all improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved:
~22t4L
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 15th day of ~O~c~t~o~b~e~r~_______ 20~, that the Performance
bonds for Village Green Townhomes, Section 1 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
" . ~ (
Drees
HOMESSM
September 26, 2008
Dick Hill
Office of Carmel City EnsiJlneer
One CMc Square
Cannel, IN 46032
RE: Village Green perfonnance bond releases
Dear Mr. Hili:
, Please accept this letter al a request for the following Perfonnance Guarantee bondl to be
released at the Board of Public Works meeting on October 15, 2008:
Section 1 Curb and gutters
Wat8rmaina
Santtary &eWe1"l
Stonn &eWera
Street signl (there will be no maintenance bonds required)
Exterior sidewalks
Section 2 Curb and guttara
Watermaina
Sanbry HWera
Storm HWera
Street signs (there will be no maintenance bonds required)
Asphalt path
If you should have any questions, or are in need of additional inforrnnon, please feel free
to contact me at (317) 295-7145
Sincerely,
Dawn Barnett
Drees Homes
To: Board of Public Works Date: October 15, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-10-15-08-~
Principal: Drees Premier Homes, Inc.
From: City Engineer
Surety: Liberty Mutual Insurance Co.
Board Members:
I have conducted final inspection of Villaqe Green, Section 2 Projec
for the following improvements:
ITEM Bond Number AMOUNT
CurbTGutters 014044367 $ 12,450.91
Water Mains 014044375 $ 59,400.00
Sanitary Sewers
Storm Sewers
014044369
014044368
$ 31,900.00
$ 329,500.00
Street Signs
Asphalt Path
014044371
014041885
$ 4,500.00
$ 13,198.00
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.
Approved: ~
22z,2:2d6. _
<: -!er
Indiana on this 15th day of October 20~, that the Performance
bonds for Villaqe Green Townhomes, 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
Drees
HOMESSM
September 26, 2008
Dick HiD
Office of Cannel City Engineer
One Civic Square
Cannel, IN 46032
RE: Village Green perfonnance bond reIN••
Dear Mr. Hill:
. Please accept this letter a. a request for the following Performance Guarantee bonds to be
released at the Board of PubHc Worki meeting on October 15, 2008:
Section 1 Curb and guttera
W..... mafnl
Sanitary aewera
Storm aewera
Street signa (there will be no maintenance bonds required)
Exterior .ldewalks
Section 2 Curb and guttera
Watermaina
Sanitary MWef'I
Storm I8Mra
Street .ign. (there wiD be no maintenance bond. required)
Alphalt path
If you should have any questions, or are In need of additional Information, plea ..feel free
to contact me at (317) 295-7145
Sincerely,
Dawn Bamett
Drees Homes
Pearson Ford, Inc. APPROV EDrlj;tOStreet Department -2008
Appropriation #2201-650.01; P.O. #18728 fORM. BY:~=-
Contract Not To Exceed $122,340.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Pearson Ford, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 2201-650.01 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than One Hundred Twenty Two Thousand Three Hundred Forty Dollars
($122,340.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thilty
(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 Fire
Department Bid Proposal Package for "2-2009 % Ton 4-Wheel Drive Pick Up Trucks; 2-2009 One Ton 4
Wheel Drive with Rear Duals" received by the City of Carmel Board of Public Works and Safety on or about
August 6, 2008, all of which documents are incorporated herein by reference, and that the Goods and
Services will be delivered in a timely, good and workmanlike manner and free ·from defect. Vendor
acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services
provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and
are fit and sufficient for their particular purpose.
{Z:\E Bas:s\My Documaus\Pcofes:sionaJ ScrvicdlSTREET\2008\PEARSON FORD Goods & SCfVlcc:5.doc:9/1212Oo8 3:21 P1
Pearson Ford, Inc.
Street Department -2008
Appropriation #2201-650.01; P.O. #18728
Contract Not To Exceed $122,340.00
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 fumish to City, in such form and detail as City may direct, a list of
all chemicals, materials, sUbstances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other infonnation
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 arnounts 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 hannless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attomey
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
[Z:\E Bass\My DocumCDlS\Professionai Scn1.c.cs'ISTR,EE1\200 8\P.EARSON FORD Goods &: Scrvicc:s.doc:9/1212008 3:21 p~
Pearson Ford, Inc.
Street Department -2008
Appropriation #2201-650.01; P.O. #18728
Contract Not To Exceed $122,340.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[Z:\E 8ass\My DocumenlS\Profc:s:sionai So-v:iccs\sTREE1\2008\PEARSO'N FORD Good.! &: So-vicc>.doc;9/I212008 3:21 r,
Pearson Ford, Inc.
Street Department -2008
Appropriation #2201 -650.01 ; P.O. #18728
Contract Not To Exceed $122,340.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: David Huffman
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel , Indiana 46032
If to Vendor: Pearson Ford, Inc.
10650 N. Michigan Road
Zionsville, Indiana 46077
Telephone: 317-873-3333
ATTENTION: ____________
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
[Z,IE Bass\My Docum.m,\Prorcssiooal ScM=\STREET\2008\PEARSON FORD Goods & S<rn",.dod/12l2008 n l p~
Pearson Ford, Inc.
Street Department -2008
Appropriation #2201-650.01; P.O. #18728
Contract Not To Exceed $122,340.00
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:\E Bass\My DorumOlIS\Profcuiooal Sc:rviccsISTREET\2008\PEARSON FORD Goods &. Sovica.doc:9/1212008 3:21 p~
-----------------------
Pearson Ford, Inc.
Street Department -2008
Appropriation #2201-650.01 ; P.O. #18728
Contract Not To Exceed $122,340.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows :
CITY OF CARMEL, INDIANA PEARSON FORD, INC.
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:
Printed Name
:J~+ J14?
Title
FIDfTlN: 35-/0 S '337 i
SSN if Sole Proprietor: _______
Date: cr-~-d-t:loj
Iz ,1E BasslMy DocwoaIW"'f....oool S.n;ceJISTREE1UOO8IPEARSON FORD Goo<h & s.rnc...dodIl2l2008 J,21 p~
PART 2
BID PROPOSAL
2.1 Project Bid.
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform
and fulfill all obligations incident thereto in strict accordance with and within the
time(s) provided by the tenns and conditions of the Contract Documents for the
above described project, including any and all add:rlt thereto, for the total sum of
Ol\lc t-h.uvoll..e9 -rwtfn.)'t~ TWb ollsAtJI> =rtr:.e-.c. t..J.u~ouD
r=f;qn,'t'j Dollars ($1 ~:t 3 'to. 00 ). The Bidder acknowledges that evaluation of 1Jo,JAIl ( the lowest Bid shall be basbd on such price. The Bidder further understands that all
work which may result on the Contract shall be compensated for on a lump sum basis
and that the OWNER cannot and does not guarantee the amount or quantity of any
item of work to be perfonned or furnished under the Agreement.
"EXHIBIT rt I ({ "
EXHIBITB
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Person Providing
Goods/Services
Date
Goodsl
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
GRAND TOTAL
Goods
Cost Per
Item
Services
Hourly
Ratel
Hours
Worked
Total
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by AccidentlDisease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
>pW~gj?@? x x@@@@ < @@C·tyu~-'.U"r~..... ""....·jo..~mO;T~~tnP,. 1 :rm u. n ......~ --. T/:C ·N. OO:h20155 002 0 .
PURCHASE ORDER NUMBEI'l
FEDERAL EXCISE TAX EXEMPT I
. 35-60000972
~., ..
THIS NUMBER MUST APPEAR ON INVOICES ONE CIVIC SQUARE
VOUCHER. DELIVERY MEMO. PACKING SICARMEL, INDIANA 46032-2584 SHIPP.ING LABELS AND ANY CORRESPONDEI
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
JRCHASE ORDER DATE REQUISITION NO. VENDOR NO. DATE REQUIRED DESCRIPTION
ar.u.,nna
Pearson Ford . Street· Department
SHIP VENDOR TO 3400 W. 131st Street
10650 N. Mlchigan Road Westfield; UI46074
"'....
ONFfRMATION BLANKET CONTRACT
Al:l\7."..
PAYMENT TERMS
1'24 '" 7'2'1l _ ... " FREIGHT
..
QUANTITY IUNIT OF MEASURE I DESCRIPTION -- I UNIT PRICE I EXTENSION
Account; 2201.-650.01
1 Each trade,.jn ($7;700.00) ($7;700.00)
1· Each Trucks $84,990.00 $84,990.00
$45,050.00 $45;050.00
SubTotal: 5122,340.00
1'" Each Trucks
Send Invoice T6treet Department
34OO'W;, 131st street
Westfield,IN ,46074·
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT
PAYMENT
AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE~PER SWORN AFFIDAVIT ATTACHED.
I HEREBY CERTIFY T T THERE IS AN UNOBLIGATED BI-LANCE IN
SHIPPING INSTRUCTIONS
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY• PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99. ACTS 1945 TITLE
~O PAY FOR THE ~qVE ORDER.
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. . 18726
CLERK-TREASURER
Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
APPROV ED, AS ro
FORM8Y:__~
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Consolidated Fleet Services, an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-509.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Two Thousand Two Hundred Seventy-Five Dollars ($2,275.00) (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 Fire
Department Bid Proposal Package for" Heat Sensors, Ground Ladder Testing and Aerial Ladder Test"
received by the City of Carmel Board of Public Works and Safety on or about May 15, 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.
(l;\E Ba.'t!\My Docu.mdltslProfCUlOO.ai SaviCOl'IFORMSGood" & Scnices.· Rt'V 8-06-07.doc:9lIY1008 3:06 PM]
Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor'S sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity .
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
(l.:\f 8&.~\My DoouJ:J\2lu\Prorc:1looaJ SavJco\FORJ..tS'Goocb & ScsvK:cs . R,(y 8-06-07.doc:'WI2I2003 ) :06 PM) 2
Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indernnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its confiict 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.
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Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Chief
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Consolidated Fleet Services
P.O. Box 8238 Searcy, AR 72145
Telephone: 501-279-1166
E-Mail: cfservices@sbcglobal.net
ATTENTION : ___________
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
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Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
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.
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--------------------
--------------------
Consolidated Fleet Services
Fire Department -2008
Appropriation #43-509.00; P.O. #12595
Contract Not To Exceed $2,275.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein confiicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA CONSOLIDATED FLEET SERVICES
by and through its Board of Public
Works and Safety
By:
\/
James Brainard, Presiding Officer
Date:
>!.....l.2.8 VIt) S rRIUt:: /V&::";<
.Printed Name
Mary Ann Burke, Member
Date: x ..lode,) M c;.;
Title
Lori S. Watson, Member FIDITIN :x J. 0-0 I'fa 918
Date: ___________________
SSN if Sole Proprietor: "1..>-_____________
ATTEST:
Date: .,{. folt Ie; y
f J
Diana Cordray, IAMC, Clerk-Treasurer
Date : _____________________
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IlIlfHE
CONIILlIIIED
flEET SEIVICES
Thursday, May 08,2008
Bob Vanvootst
Cannel Fire Department
One Civic Square
Cannel, IN 46032
Dear Bob,
I appreciate your time and attention to this quote.
Consolidated Fleet Services is made up of qualified inspectors with years of experience in testing and
inspections ofaerial ladders, platfonns, and water towers, per chapter 19 ofNFPA 1911.
Our aerial inspection includes a visual check, operational check, magnetic particle test ofwelds or
castings, ultrasonic test ofaccessible pins, timing test, load test, hydraulic fluid test, hardness test of non
ferrous materials, drift test, ladder base thickness readings ofsteel ladders, drift test, and turntable bolt
torque test.
All units will have a complete written report with a digital picture of unit on the cover page and serious
defects will have a picture in the summary page. Reports can also be given in CD form ifdesired.
For ground ladder inspection, Consolidated Fleet Services follows NFPA 1932 guidelines. These tests
include a visual check, horizontal bend load test, [500 lb.], extension ladder hardware test, [1000 lb.], and
roof hook test,[l 000 lb.]. A report will be given on each ground ladder. Note: Due to weight ofsome
ground ladders andfor the safety ofyour equipment and our personnel, we ask for assistance when
loading or unloading ground ladders from trucks ..
Price for our aerial inspections: $650.00 per unit (in conjunction with ground ladders)
Price for Ground ladder inspections: $1.50 per foot (in conjunction with at least one aerial device)
Price for Heat sensors: $2.25 each.
Please note: Quotes good for 30 days
Bob, ifyou have any questions or comments you can call me direct at 866-811-5237.
My e-mail isdstracener.cfs@sbcglobal.net.
We look forward to working with the Carmel Fire Department.
Best regards,
David Stracener
Sales Manager "1\:
"EXHIBIT '* If \
Post Office Box 8238 • Searcy, AR 72145 • (501) 279-1166 • (866) 811-5CFS (5237) • cfservices@sbcglobal.net
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly·
Rate/
Hours
Worked
Total
GRAND TOTAL
I
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
----
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 I ICity of Carmel
FEDERAL EXCISE TAX EXEMPT
35-60000972 II
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
=ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
PAGE
'-...." \ PURCHASE ORDER N'6MBER
12595
THIS NUMBER MUST APPEAR ON INVOICES. A.
VOUCHER. DELIVERY MEMO. PACKING SLlP~
SHIPPING LABELS AND ANY CORRESPONDENC[
9CHASE ORDER DATE
9/8J2000
DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
'-~~~<>...~ 'Q.-.~o..
Consolidated Fleet Services Cannel Fi~ Department
SHIP ENDOR TO 2 Civic Squa~
P.O. Box 8238 Cannel, IN 46032
Seamy. AR 72145 ('H7\ 1;71_~
I FI~MATI ON BLANKET CONTRACT PAYMENT TERMS FREIGHT
DESCRIPTION UNIT PRICE EXTENSIONQUANTITY IUNIT OF MEASURE r I
Account 43~.OO
100 Each Heat Sensors $2 .25 $225.00
500 Each GroLnd Ladder Testing $1 .50 $750.00
Sub Tobl: $2,275.00
2 Each Aerial Ladder Test $650 .00 $1,300.00
·end Invoice To:
Cannel Fi~ Department
2 Civic Squa~
Cannel, IN 46032-PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENTCannel Fi~ Department NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS T~$75.0(J
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATIACHED.
I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
SHIPPING INSTRUCTIONS
• SHIP REPAID .
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
, PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY ~.,..,.~~~, ~~
SHIPPING LABELS.
, THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99. ACTS 1945 TITLE ~~....... ~~
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
)OCUMENT CONTROL NO·12 5 9 5 CLERK-TREASURER
VENDOR COPY
,
Total Fire Group
Fire Department -2008 APPROVE~S T~
Appropriation #1120-560-03; P.O. #12601 FORM BY: '1
Contract Not To Exceed $273,129.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Total Fire Group, 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 1120-560-03 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 Two Hundred Seventy Three Thousand One Hundred Twenty Nine Dollars
($273,129.00) (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 Fire
Department Bid Proposal Package for "Turnout Gear Bid" received by the City of Carmel Board of Public
Works and Safety on or about August 6, 2008 to include up to 150 sets of Turnout Gear, 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.
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Total Fire Group
Fire Department -2008
Appropriation #1120-560-03; P.O. #12601
Contract Not To Ex ceed $273,129.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
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.
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Total Fire Group
Fire Department -2008
Appropriation #1120-560-03; P.O. #12601
Contract Not To Exceed $273,129.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status .
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any proVision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17..:\£ [)';I~~\My [)ocuJIlenl:o.:\Profl'.uicnal SL-n"j(o'\FIRE DEP1UOO8\TOTAl.. f iRE GROUPGnOlh lit ScrviI%HIoc;&11IV2OO8114 AM)
Total Fire Group
Fire Department -2008
Appropriation #1120-560-03; P.O. #1260)
Contract Not To Exceed $273,129.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Chief
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Total Fire Group
P.O. Box 13616
Dayton, OH 45413-0616
Telephone: 937-264-2662
E-Mail: www.totalfirCfloup.com
ATTENTION: Ma~\S[YJ (\~{~~lnqCY-
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.
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Total Fire Group
Fire Department -2008
Appropriation #1120-560-03 ; P.O. #12601
Contract Not To Exceed $273,129.00
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 conforrning 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 infiuence or coercion.
17.:1£ O.:.l~,~\Mr o.x"\lmcnl~\Pro(eJlion31 SUVlcQ\FIRl! OEPT\1008\TOTAL FIRE GROUPGOOIb & Sctvic:c~.doc: lonl2OOl ~I" AMI
Total Fire Group
Fire Department -2008
Appropriation #1 120-560-03; P.O. #12601
Contract Not To Exceed $273,129.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA TOTAL FIRE GROUP
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: _____________
rJ\O.QUTM IV\(SSl Y\qcv
Printed t\lame
C[(ttmlt AclYnln i Sty()jD-y
Title
FIDfflN: '3\ -lwO 2JJ lo~
SSN if Sole Proprietor: ______
Date: \0\ \0 \O~
17..: \C:. n .. ~\My ~umcnu\PrnrC15jnn:)1 Swricu\FIR.E DllP'rUOO8\TUT AL FIRE GROUPOocd< &. Scrvicculoc : 10IJn00II ~1.4 AMJ
Quote
Bid 62728]r_"BEGROlJr
.~. ---------~A DV .... CE8 'E"SO-IJA -l ,. .. "TEeTl'" It Exp. Date: 12/31/08(937) 264-2662 Fax 264-2677
P.O. Box 13616 Dayton, OH 4541 H)616
www.totalfiregroup.com
Dealer
Towers Fire Apparatus IN I KY
Towers Fire Apparatus Co
502 S Richland
Freeburg, IL 62243
Phone: (618) 539-3863 Fax:(618) 539-4850
Quote Date: 07115108
Freight: We pay freight
Direct Bill Customer Below
Fire Department
Carmel Fire Dept
2 Carmel Civic Square
Carmel, IN 46032
Phone: (317) 571-2600
Special Notes I Terms of Contract: 1 year from award
Item Description Price Dept Price Delivery
INCARM00071 BPR-42Z2 Tails Black -Cannel Fire Dept -IN 1,085.35 30 to 90 Day Ctrt
Bid Spec Only
INCARMOOOn BPR-42Z2 Pants Black -Cannel Fire Dept -IN 735.51 30 to 90 Day Ctrt
Bid Spec Only
Print Date: HM 07116/0803:56:19 PM
r!u, Page 1
"EXHIBIT ;1 "
Morning Pride Manufacturing
Clothing Specification Quote
2008 Price
Expires 1 Year From Award Fire Dept. Carmel Fire Dept
Freight We pay INCARM
Delivery 30-90 Days Ctrt Dealer Towers Fire Apparatus IN / KY
TOWERA
Specid: INCARM00071 Spec Date: 07/15/08 Quote #: 62728
To assure you receive this special pricing, the above quote number must appear on all orders referenced to same.
Any additions or deviations from original quote must be on order and are subject to additional cost
BPRTOS42B
BPRTTLZ
BPRTMB2
CCFCC-42B
CFCCS-42B
IPLC
LBSPCLT
LNDC-42B
PKTLSTD
SA TUPST -42B
TLW
OPILN
RS-RRSAC-R
RS-DT
RS-DTTR-S20
TRSTD3-TL
LTBACK-42B
LT3S03-SL
LTHEM-42B
LTPS
LT3S08-SL
PO-IC
CLCH-42B
LNDAPCE
CFSHC-42B
PKHBLN-42B
PKBLCHW
BPR42Z2TB -BPR-42Z2 Tails Black
BPR-Tails Outer Shell -Gemini Matrix -EWR Black
BPR-Tails Thermal Liner -Quantum 3D Meta Armaidl Aramid Batt
BPR-Tails Moisture Barrier -Crosstech/Nomex Facecloth
Std-Foldover Comfort Chinstrap
Std-Coat Cuffs
Std-Inspection Port Liner
... Special Label -Tencate·"
Std-Liner Detachable
Std-Liner Label Pocket
Std-Take Up Straps 2 Postman
Std-Nomex-Tabbed long wristlets
Iron On Label with Fire Fighter Name
Articulating RRS -Rolled Hand Hold with New Coat
Deployment Tab added to Rolled Hand Hold
2" Orange SL added to Rolled Hand Hold Deployment Tab
STD-3 trim -Lime 2-Tone Scotch lite
Back Patch -Gemini Matrix-Black
<C F D > no periods
3 -3" sewn letters -lime Scotchlite
Hem Patch -Gemini Matrix-Black
FF 1st INITIAL + LAST NAME -avg. 8 letters -ok to use 2" letters to fit
Sewn Periods
8 -3" sewn letters -lime Scotch lite
Integral Customization
--left sleeve
American Flag
Chicago Closure -2" VelcrolHooks & Dees -Gemini Matrix -Black
Dead Air Panels Extended -Coat
Shingle Cuffs -Gemini Matrix -Black
HalfHi Bellows Pockets -Gemini Matrix-Black
7" x 9" x 1.5"
Handwarmers behind Bellows Pockets
Price
1,175.02
471.78
415.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.63
27.00
4.60
3.06
118.24
29.68
9.57
29.68
1.84
25.52
11.66
42.53
28.22
27.61
117.99
29.66
This quote, which received special pricing in consideration for services you as a dealer provided, cannot be used to offer pricing to any Federal ArJancy
US Military branch, the National Guard or the Coast Guard. If you Receive inquiries from such agencies, please contact your inside customer service
representative. Additionally, these prices cannot be used to bid on specs developed by other dealers. Finally, since this special pricing was developed
in response to services provided by you for your direct customer, it cannot be used to provide prices to other companies whose purpose would be to
re-sell the products.
Print Date: lIM: 07/16/0803:56:19 PM "EXH IBIT 4 Zff(ge 1 "
Morning Pride Manufacturing
Clothing Specification Quote
2008 Price
Expires J Year From Award Fire Dept. Carmel Fire Dept
Freight We pay INCARM
Delivery 30-90 Days Ctrt Dealer Towers Fire Apparatus IN / KY
TOWERA
Specid: INCARM00071 Spec Date: 07115/08 Quote #: 62728
To assure you receive this special pricing, the above quote number must appear on all orders referenced to same.
Any additions or deviations from original quote must be on order and are subject to additional cost
PKMT-42B
PKRCPTVS-42B
PKRD-42B
BPR42Z2TB -BPR-42Z2 Tails Black
Mic Tab -Gemini Matrix-Black
-on shield
-0.5" x 2.5"
Aligned with the Top ofthe Radio Pocket
Large Hook on a Patch wNelcro Strap -42B
-right chest
Radio Pocket -Gemini Matrix -Black
left chest
-7"x3.5"x2"
Price
8.21
31.43
54.76
Total List Price of Spec
Total Discounted Price of Spec
2,666.69
$1,085.35
. .Jid Spec Only
ALWAYS DIRECT BILL THIS DEPARTMENT
Optional items: These prices are in addition to tbe discounted prices above
Substitue 1.5" Velcro/Zipper Coat Closure for Chicago Closure -Dept. Cost @ (-$ 11.91)
This quote, which received special pricing in consideration for services you as adealer provided, cannot be used to offer pricing to any Federal Agency
US Military branch, the National Guard or the Coast Guard. If you Receive inquiries from such agencies, please contact your inside customer service
re"l'eSenlali.e. Addilionall~, ttlese "riees cannot be tlsed 10 bid on spees de.eloped by oltler dealers. Finally, since Itlis speeial"ricins W!IS de.eloped
in response to services provided by you for your direct customer, it cannot be used to provide prices to other companies whose purpose would be to
re-sellthe products.
Print Date: HM 07116/0803:56:19 PM Page 2
"EXHIBIT __ d: J/:£ "
Morning Pr.ide Manufacturing
Clothing Specification Quote
2008 Price
Expires 1 Year From Award Fire Dept. Carmel Fire Dept
Freight We pay INCARM
Delivery 30-90 Days Ctrt Dealer Towers Fire Apparatus IN 1KY
TOWERA
Specid: INCARMOO072 Spec Date: 07/15/08 Quote #: 62728
To assure you receive this special pricing, the above quote number must appear on all orders referenced to same.
Any additions or deviations from original quote must be on order and are subject to additional cost.
BPRPOS42B
BPRPTLZ
BPRPMB2
IPLP
LBSPCLTP
LNDP
OPPILN
TRCF2-TL
CLNFV2-42B
CFAN-42B
KNBF-42B
SATUP2-42B
PKCBL-42B
PKRPFF-K£V
PKTDIV-KV
PKTDIV-KV
PKGFP-42B
SPDBQI
SPP
Bid Spec Only
BPR42Z2PB -BPR-42Z2 Pants Black
BPR-Pants Outer Shell -Gemini Matrix -EWR -Black
BPR-Pants Thermal Liner -Quantum 3D Meta Armaid/ Aram
BPR-Pants Moisture Barrier -CrosstechlNomex Facecloth
Std-Inspection Port Liner
... Special Label -Tencate""'"''
Std-Liner Detachable
Iron On Label with Fire Fighter Name
3" Cuff trim -Lime 2-Tone Scotchlite
Narrow 2" Velcro Fly -Gemini Matrix -Black
Angled Cuffs -Pants -Gemini Matrix -Black
BiFlex Heat Channel Knees -Gemini Matrix -EWR Black
Take Up Straps 2 Postman -Gemini Matrix -Black
Contoured Pockets -Pants -Gemini Matrix -Black
9" x 9" x 1.5"
Full Kevlar Lined
Tool Divider -Pants -Kevlar
Place in right bellows pocket On Pant Portion -Tool Divider to have 2
Compartments of5.5" and 3.5"
Tool Divider -Pants -Kevlar
Place in left bellows pocket On Pant Portion -Tool Divider to have 2
Compartments of5.5" and 3.5"
E Z Grip Flap -PBI Matrix IEWR Rip Stop -Black
Dynaback Suspenders with Quick Adjust Installed
Suspender Padding
Price
624.09
361.87
309.62
0.00
0.00
0.00
3.63
37.57
0.38
18.73
117.08
32.42
156.82
36.93
21.57
21.57
7.93
49.08
5.42
Total List Price of Spec 1,804.71
Total Discounted Price of Spec $735.51
AL WAYS DIRECT BILL THIS DEPARTMENT
Optional items: These prices are in addition to the discounted prices above
This quote, which received special pricing in consideration for services you as a dealer provided, cannot be used to offer pricing to any Federal Agency
US Military branch, the National Guard or the Coast Guard. If you Receive inquiries from such agencies, please contact your inside customer service
represent!!!i.e. Addi!ion!!U" these prices C!!r'lno! be tlsed!o bid on spees de.eloped b, other de!llels. Fin!!!I" since lI,is speei!!!ptieing!'i1lS developed
in response to services provided by you for your direct customer, it cannot be used to provide prices to other companies whose purpose would be to
re-sell the products.
Print Date: HM 07/16/0803:56:19 PM Page 1
"EXHIBIT --:I!!l:i "
EXHIBITB
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by AccidentlDisease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 City of Carmel
I I
FEDERAL EXCISE TAX EXEMPT
35-60000972I I
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
GRM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
PAGE 1 of 1
PURCHASE ORDER NUMBER
l"JhO/
-1M8l
THIS NUMBER MUST APPEAR ON INVOICES, ,
VOUCHER, DELIVERY MEMO, PACKING SLiI
SHIPPING LABELS AND ANY CORRESPONDEN!
~CHASE ORDER DATE
10/15/200f
DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
Tum Out Gear
ENDOR Tolal Fire Group SHIP Carmel Fire Department
7976 Collections Center Drive TO 2 Carmel Civic Square
Chicago, IL 60693 Carmel, Indiana 46032
IA RMATION BLANKET
N
CONTRACT PAYMENT TERMS
N Y NlA
QUANTITY IUNIT OF MEASURE DESCRIPTION
FREIGHT
I UNIT PRICE I EXTENSION
Up to 150 Sets of Tum Out Gear $273,129_00 S 273,129_01
,end Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
Indiana Bond Bank Funds -Hoosier Equipment Lease Purchas@AlWjMm
AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PRO~;,R SWORN AFFIDAVIT ATIACHED.
SHIPPING INSTRUCTIONS
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
I HEREBY CERTIFY TH,g,:("plERE IS AN UNOBLIGATEQ BALANCE IN
~~TO PAY FOR TH;AJlOVE ORDER.
CLERK-TREASURER
)OCUMENT CONTROL NO...:1 C) e laP} / j){aO/ VENDOR COpy
M0SS GLASS, CO . ..• Maintenance Department -2008
Appropriation #1205-463000; P.O. #18463 APPROVE~T~ Contract Not To Exceed $3,165.00 FORM BY:
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Moss Glass, Co., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 1205-463000 funds. Vendor agrees to provide the Goods and Services and to
otherwise perforrn 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 Thousand One Hundred Sixty Five Dollars ($3,165.00) (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 subrnitted 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 Maintenance
Department Bid Proposal Package for" 42 inch tempered glass City Seal and rope molding for City Council
Chambers" received by the City of Carmel Board of Public Works and Safety on or about September 16,
2008, all of which documents are incorporated herein by reference, and that the Goods and Services will be
delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it
knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant
to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for
their particular purpose.
[Z,IE BwlMy Doao..alUlPror"""lOai Scrviccol200rIMOSS GLASS co Goods & Scrvices.dodl3onOO8 9,18 AM]
MoSS GLASS, CO.
Maintenance Department -2008
Appropriation #1205-463000; P.O. #18463
Contract Not To Exceed $3, \65 .00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties ; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
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:\E Bass'My Documeal(\Profl!'$SlonaJ SO"\Iic.e<\FORMS\Goocb & SttVi ctS . Rev 8·06-07.doc:9!3CV2008 9:00 AM'] 2
MOSS GLASS, CO.
Maintenance Department -2008
Appropriation #1205-463000; P.O. #18463
Contract Not To Exceed $3,165.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attomey
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE :
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws , orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
ernployment and any other matter related to their ernployment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral 'for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS :
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial , agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[Z:\E 8us\My Ooaunml·i\Profcaiooal ~\FORMS\Goods &. StrViCC!i -Rev 8-06-07.doc:9I3M.OOi 9:00 AM] 3
M0SS GLASS, CO. .. Maintenance Depamnent -2008
Appropriation #1205-463000; P.O. #18463
Contract Not To Exceed $3,165.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE :
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel , Indiana 46032
ATTN : Steve Engelking
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Moss Glass, Co.
2507 East 8th Street
Anderson, Indiana 46012
Telephone: 765-642-4946
E-Mail: shoffer@mossglass.com
ATTENTION: Scott Hoffer
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
[Z:\E 8us\My Oocummls\Profcssiooal Servioe:s\fORMS\Goods: & Savices . Rev 8..()6...()7.doc:9I3MOOS 9:00 AM) 4
MOSS GLASS, CO.
Maintenance Department -2008
Appropriation #1205-463000; P.O. #18463
Contract Not To Exceed $3,165.00
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 arnount shall not exceed the Estirnate 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 tirne 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 inftuence or coercion.
fZ:\E Bus\My Documml~orcssiODai ScrviCC'l\FOR:M:S\Good.... &: Service; -Rev 8-06-07.doc:9!3012008 9:00 AM] 5
MOSS GLASS, CO.
" Maintenance Department -2008
Appropriation #1205-463000; P.O. #\8463
Contract Not To Exceed $3,165.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA MOSS GLASS, CO.
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: _____________
Authorized Signaturl
S (. .;rr-Iiu~e...
Printed Name
OP~QA\\0~s ~A.-N~GeIL
Title
FIDfTlN: Z G'-2~ :s 7 71~
SSN if Sole Proprietor: _______
~Date : I 0 -3 -0 Z)
[Z:'IE 8ass\My Doc:wncols\ProfessulI1aJ Ser.1ccs\fORMS\Goods & Saviccs -Rev 8.{)6-07.doc:9I3CV2008 9:00 AM'] 6
•
2507 Easr 8[h Sf.
Anderson, IN 46012
Ph. 765.642.4946
Fax 765.643.0439
WWW.1n ossgl a~~. <.:omGrNIIC~TtnN~ or fXcrlll"'C:~
Quote
To: Steve Engelking
One Civic Square
Carmel, IN 46032
Date: 9-16-08
Job Reference: City Seal
Steve,
I am pleased to present to you an official quote for a 42" tempered glass city seal for Carmel in the
design submitted by Amy Legg. The image will be hand painted in high quality glass paint.
The price for the seal on glass, installed is $2490.
An option is a wooden molding surrounding the seal in the "rope" pattern as submitted by Ms. Legg.
This molding would be painted gold. The price for the molding option is an additional $675.
Thank You,
Scott Hoffer -General Manager
Moss Stained Glass
2501 East 8th Street
Anderson, Indiana 46012
Ph. (765) 642-4946 Fax (765) 643-0439
shoffer@mossglass.com
www.mossglass.com
COMMERCIAL RESIDENTIAL STAINED GLASS .(; l27.i ng Conrr~c«>rs ·R~pl.c"m.nt Windo\\". • N~w Ot.ign &. R<5Iorolion 'R~pl2C~m"nr "I.,. 'Mi,,,,. w.lI, 'Sw,m GI",in~
·Aluminun. Door Rep.i, 'Shower Enclo.uru 'euSlon! Etchin!!
aIII"EXHIF~-"
p
EXHIBITB
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
I
I
GRAND TOTAL
-
Signature
Printed Name
,
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by AccidentlDisease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
PAGEINDIANA RETAIL TAX EXEMPT JCERTIFICATE NO. 003120155 002 0 --".ty PURCHASE ORDER NUMBER ~,...,l ·0f Carmel I I
FEDERAL EXCISE TAX EXEMPT
35·60000972 J<[L{&3I I
THIS NUMBER MUST APPEAR ON INVOICES, A.
VOUCHER, DEUVERY MEMO, PACKING SLIP: ONE CIVIC SQUARE
CARMEL, INDIANA 46032·2584 SHIPPING lABELS AND ANY CORRESPONDENCI
HM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL · 1997
;HASE ORDER DATE DATE REQUIRED REQUISITION NO, VENDOR NO. DESCRIPTION
~30-~g' C,)v t 5e/J/
~ss CI044J eo.
NDOR /)..507 £. tr~.sf SHIP
TO
J.I fc>OJ':<ll~ei{o,J , -L I.J
IRMATION BlANKET CONTRACT PAYMENT TERMS FREIGHT
QUANnTY IUNIT OF MEASURE DESCRIPTION I UNIT PRICE I EXTENSION
.At ~ 6ectl C!J10 G/tlAA 'K ~4 9iJ,
.JI ~ ~ fD 75,Rop~
md Invoice To:
PLEASE INVOICE IN DUPLICATE I J J loS .PJ
I
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
~~3{)ooIJ,.05
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 ANO SUPPLEMENT THERETO.
ORDERED BY
TITLE
PAYMENT
AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HA~1}-!QROPER SWORN AFFIDAVIT ATTACHED.
I HEREBY CERT{p¥'~I~N UNOBUGATE9-BALANCE IN
THIS APPROF' ~o PAY FOR THI!AB.oVE ORDER.
CLERK·TREASURER
VENDOR COpy
i 18463
OCUMENT CONTROL NO.
--------------------------------------------------------
---------------------------------
(
CITY OF CARMEL
TO: SteveVamer CONTRACT CHANGE ORDER NO.: 3
E & B Paving Inc. DATE:October 2,2008
17042 Middletown Ave. PROJECT NAME:131st Street Towne Road to Shelborne Road
Noblesville, In 46060 PROJECT # 06-10
CITY REO. NO.:
CITY PO NO.: APPROV'"'"j) AS 10 FORM ~
CITY PO DATE:
I. You are directed to make the following changes in this Contract:
See Attached Exhibit A
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR (-) DAYS
See Attached Change Order Table -$38.45 oDays
n. The following referenced Documents further describe the changes outlined in Paragraph I.
and are to be considered a part ofthis Change Order: R.F.P.: N/A W.D.C. NO.: N/A
Other:
The changes result in the foJlowing adjustment ofContract Price and Contract Time:
Contract Price prior to this Change Order $2.381.889.21
Contract Price will be increased/decreased by this Change Order -$38.45
New Contract Price including this Change Order $2.381,850.76
Contract Time prior to this Change Order Days 9/29/2008 Completion Date
Net increased/decreased resulting from this Change Order 25 Days
Current Contract Time including this Change Order Days 10/24/2008 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
CROSSROAD ENGINEERS E & B Paving Inc.
ENGINEER CONTRACTOR
James Brain~
3417 Sherman Drive 17042 Middletown Ave. ?rl/Zn:.
Address Address Michael McBride, City Engineer
Beech Grove. IN 46107 Noblesville. In 46060
/7 Mary Ann Burke, Member
CnylStateiZip ~~
!=:2~~ Lori Watson, Member B;:o;ri~ ~B.L:y:""'::R""::'o-n"""RiIllP·c=hm"";;"":"on-d--='----ATI'EST:
Phone: 317-780-1555 Phone: 317-773-4132 Diana Cordray, Clerk-Treasurer
Date: 10/2/08 Date: 10/2/08 Date:
CITY OF CARMEL
1318t Street Towne Road to Shelbome Road Project #06-10
CHANGE ORDER TABLE
TOTAL ORIGINAL CONTRACT PLUS CHANGE ORDER ITEMS
ORIGINAL CONTRACT PRICE
CHANGE ORDER #1 Approved 9/4/2008
CHANGE ORDER #2 Approved 9/19/2008
CHANGE ORDER #3
NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS
* Indicates additional Item added to the contract.
$2,381,422.66
$47.40
$419.15
-$38.45
$2,381,850.76
---
'\
10 • CITY OF CARMEL
F'ACJLTTY USE REQUEST FORM
C" r Name/Organization: \. (\" V\'\--£ I -t; ~ s. ~ 2 (jc, c(
Point of Contact: (};, C\. Y,/ f\~t'-I Ie\.'-.(,: \'"' ""'C, \., (-:\~-("l (~ \~,<:(vl' rl .(~.
J;I . ,J I
Address: fJ, (j . ~~~,.X ~Cf '-) 2>
City, Staff\ Zip: C" cl'r "'IN ( ~I/0 L.( {,£ C ?SL
Home Phone: ( Work Phone: ......( ---L_________
Cell Phone: 61 (; I ~ .-~s \-r.:f Fax Numhcr C;/y 6& 3 a~"/)
For Profit Organization: Non-Profit Organization: k Individual: ___
n~y and Date Requested: "];, \'-=\ "2 3 £-t '2 uc'-(
I 7
Time Requested: ____a.m.lp.m. to: a.m.lp.m. (This includes set-up and clcan-up time.)
Rehc~rsal Date: Time: a.m.lp.m. to a.m.lp.m.
Cit), Faeilit)· Requested: Gazebo _Y Fountain Area--A ~'\: v ..:\t, ~Ci" L::Vv.J l...., +
c~ucu~ Room (1I3) _ (2/3)_ Cuundl Chamhers
Special Requests: Electdcit)·1 Fountain Restroom ~Other ________
Purpose: L, .B--. <> \ --=(II.'1 \=.< ~~ "
\v"'~ Number of People Expected: ______
Vendors: Yes No ___ (If yes, please attach list of vendor(s) information.)
Other Requests: City Street Closing (Lnrge Events Only) C; t (,'o{~JJ If fA. ,s1-V-¥ i.vi'G'(,~'.s lU~/
Ncighborhood Strcet Closing (Street(s), Addrcss(es) Blocked) '\ -<-f u'!:.4tj~~J, ..;.11
\~) C( \; c, cAl; _~~c .\ ·f s\ So ~ Il-Q.~ ~ C ( uJ u \' -<~ I'J
The Carmel Board of I'ublie Works and Safety resen'es the right, in its sole discretion, to den)'
any faeilit)· usc request and/or revoke any previously granted request to usc a City facility for
any lawful reason.
Received this J 0 +h day of :5-e.pk~er, 200~, by the Officp-of thf' l\·byor.
Mayor's Office
RCl'iscu; 01/07
')
, · ,
September 8, 2008
Cannel City BPW
CaT111el City IIall
One City Square
Cnmlcl, IN 4()o:n
Dear Mayor Brainard and Board:
The Rotary Club orCarmel, opcr3ting as the Carmclfest Commit1ce, respectfully reCJL1csts the
following considerations:
1. To conduct the "nnual C'lrmelfesl Parade on Saturday, July t1u" 2009 following thc
eSlablished parade route. The parade will require the closing of parade streets and side
streets as deemed nel:essary by the Parade Committee in cooperation with the CCirmel
Police Department.
2. To Present the Canne1Fest Feslival on FridCly, July 3"\ and Salwday July 4lh at Ci vic
Square. We request thClt all parking lots al Civic Square are empty and closed to regulCir
traffic uy 5:00 P.M. un Thmsuay, July 2nd, 2009 and remail! closed Llnd L:ll1lJly tlu'uugh
Saturday, July 41h, 2009. The Festival will require the use of the Fountain, Gazebo. alJ
parking Jots, grounds and the restroom under the Fountain.
Thank you for your consid~r3tion.
Sincerely,
(~·, 'Lu\, '\ '_y' .__ ,; .1........
Gary W. Frey, Ch~imlan
CanndF(;si 2°90 j
\/
Cc: Jeff Worrd!, Barbma Flli s; James Dt:18<.100 , Mich~el Warren
p
---
/()~ ~-cP>
/ \ ' CITY OF CARMEL \0 iO
~ ,. , 'i>,l)FACILITY USE REQUEST FORM '-:.-.t-~\ ~ L;/:/"V ~.
Name/Organization: _Brockway Public House O~ ~
Point of Contact: Lainie Paul
Address: __12525 Old Meridian St, Ste 150
City, State, Zip: __Carmel, IN 46032
Home Phone: n/a Work Phone:
Cell Phone: 317-514-8132 Fax Number n/a
For Profit Organization: _XX__Non-Profit Organization: Individual: ___
Day and Date Requested: Saturday October 25,2008
Time Requested: 8am -11 :30am then 5pm -11 pm
Rehearsal Date: n/a Time: a.m.lp.m. to a.m.lp.m.
City Facility Requested: nla Gazebo Fountain Area
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: n/a Electricity __ Fountain Restroom __ Other _______
Purpose: Charity Event -"Ride Like Hell" Motorcycle Poker Run Benefiting "Elizabeth's Story"
Number of People Expected: 60 motorcycles
Vendors: n/a Yes No ___ (If yes, please attach list of vendor(s) information.)
Other Requests: City Street Closing (Large Events Only) ___________
Neighborhood Street Closing (Street(s), Address(es) Blocked) _Cranston Avenue from Old
Meridian, about 100 feet. Access to back parking lot will be fully functional. Requesting closing just
the small section that resides on the South side of the Brockway Pub.
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny
any facility use request and/or revoke any previously granted request to use a City facility for
any lawful reason.
Received this ..3[Ji-h day of S~efVIbc...r ,200l, by the Office ofthe Mayor.
Mayor's Office
Revised: 01107
V
+-Georgetown Lane -t
"E ~ .,I ~ oCD -..;r..~
,~
'c Q)
"'C '>o .....
Cl.
"'0 n:J
0 ~
c
0-(J) c
n:I.....
U
+-Old rvleridian Street -t
#iIi -----m ~
---,----.......-....
"
~
"£n
Road Closed along South
end of Brockway Pub:
Saturday October 25. 2008
8arn -11 :30am
5pm -11pm
"£]
RESOLUTION BPW 10-15-08-05
A RESOLUTION SETTING 2009 EMPLOYER AND EMPLOYEE CONTRIBUTION
RATES FOR THE CITY OF CARMEL EMPLOYEE HEALTH BENEFIT PLAN
WHEREAS, the City of Cannel operates the City of Cannel Employee Health
Benefit Plan (the "Plan") to provide medical and dental benefits for its employees; and
WHEREAS, the Board of Public Works and Safety, as Plan Administrator, is
responsible for ensuring adequate current and reserve funding for the Plan; and
WHEREAS, the primary source of revenue for the Plan consists of bi-weekly
employer and employee contributions; and
WHEREAS, it is imperative for Plan revenues to correspond with anticipated
expenses.
NOW, THEREFORE, BE IT RESOLVED by the Cannel Board of Public Works
and Safety as follows:
Effective January 1, 2009, health insurance contribution rates for the City and its
employees participating in the Plan will be as stated on Attachment A, incorporated
herein by this reference.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
James Brainard, Presiding Officer Date
Mary Ann Burke, Board Member Date
Lori Watson, Board Member Date
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer Date
RESOLUTION BPW 10-15-08-06
A RESOLUTION TEMPORARILY SUSPENDING EMPLOYER AND EMPLOYEE
HEAL TH INSURANCE CONTRIBUTIONS
WHEREAS, the City Medical Escrow Fund (the "Fund"), as established by
Ordinance D-1048 on February 21, 1994, currently has a balance in excess of $2.5
million; and
WHEREAS, the current balance, when combined with anticipated revenue for
2009, exceeds what is necessary to pay anticipated claims and administrative expenses
for the foreseeable future; and
WHEREAS, it is not in the best interests of the City or its employees to keep in
the Fund a reserve greater than what is reasonably required.
NOW, THEREFORE, BE IT RESOLVED by the Carmel Board of Public Works
and Safety as follows:
Effective November 1, 2008, to December 31, 2008, health insurance contributions will
not be collected from Plan participants who are active or retired employees, or from the
City of Carmel. Contributions will resume January 1, 2009.
CITY OF CARMEL, INDIANA
By and through its Board ofPublic Works and Safety
James Brainard, Presiding Officer Date
Mary Ann Burke, Board Member Date
Lori Watson, Board Member Date
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer Date
NEW AGENDA ITEM
Today's Date: 10 I () [I 0 i
__ CITY COUNCIL (Original and 8 Copies)
* E-Mail All Ordinances and Resolutions (Include any Exhibits) to
Lois Fine
~OARD OF PUBLIC WORKS (Original and 5 Copies)
Check One:
__ADD-ON
~EXT MEETING: ~I /5-1 O't
(Date)
__ FUTURE MEETING: __I ' 1__
(Date)
Sponsor:
(Person to be Listed on Agenda)
~~
Description of Item: ~. )t&. 13fw -jo-/5-0g-07;2tuuAl d7) LUar.h ~
,
Any Special Instructions:
(Special Equipment Needed. Verbal Presentation. Etc.)
----------------------------
4'
~
RESOLUTION NO. BPW-IO-lS-08-07
APPllOV:O AS TO FORM BY
-'II'RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
RATIFYING MAYORAL ACCEPTANCE OF SCULPTURE DONATION
WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to
enter into contracts on behalf of the municipal corporation; and
WHEREAS, due to the exigencies of time, City of Carmel Mayor James Brainard, upon the advice of
the Carmel City Attorney, executed a letter to accept the donation of a James Tyler sculpture on behalf of the
City of Carmel ("Letter"), attached and incorporated herein as Exhibit "A"; and
WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above
actions of Mayor Brainard and to adopt the same as the act of the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Carmel, Indiana, that:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The actions of Mayor James Brainard in executing the Letter are hereby ratified and such actions
are hereby approved and adopted by the Board as its own.
Approved and Adopted this day of , 2008.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date: _______________________________
Lori S. Watson, Member
Date:
Mary Ann Burke, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
[dr.lD$WOrd:Z:\c bass\my docomeou\bpw.rcsoluOCIns\lOO8\ralify JDa')U'"'S sieaature ac.ccpc sa.dpture doo.tioo.doc: I OIIf08J
.. .,
CITY OF CARMEL
OFFICE OF THE MAYOR
ONE CIVIC SQUARE CARMEL, IN 46032
317.571.2401
CUSA, LLC,
Carmel, IN 46032
September 20, 2008
To Whom It May Concern:
This letter confirms that the City of Carmel will accept the donation of a
sculpture by James Tyler ("Tyler Sculpture") from Dr. Schideler. It is
contemplated that Dr. Schideler will donate the Tyler Sculpture
approximately thirteen months from the date of this letter. At that time
the City of Carmel will assume title as well as risk of loss and will undertake
appropriate repair and maintenance. The City also agrees that it will not
place any other pieces by James Tyler in the city owned right of way on
Carmel Drive.
Very truly yours,
L;:;;Brat~
Mayor
EXI! ,8 rr ''/1 ~I -
Human Resources
Memo
To: Board of Public Works and Safety
From: Barbara Lamb, Director of Human Resources
Date: 10/812008
Re: Health Plan Amendment
The October 15, 2008 Board of Public Works agenda includes a health plan amendment, to be
effective January 1, 2009. Following is an explanation of the proposed changes.
1. Deleted Plan A in its entirety. There are only six employees currently enrolled in the plan. It is no
longer financially viable for those employees or administratively viable for the City.
2. Added a precertification requirement for outpatient as well as inpatient surgery. More surgeries,
and more major surgeries, are now being performed on an outpatient basis. Under these
conditions, precertification protects both the Plan and Plan partiCipants. The definition of "surgery"
has also been amended to clarify when precertification is required .
3. Added limited coverage for hearing aids. As our employee base ages, we believe this is an
appropriate and necessary step.
4. Waived well ness limit for infant immunizations. The immunizations recommended by the CDC for
babies (up to 24 months) exceed the plan's current wellness maximum. We do not want to
discourage parents from getting their children immunized, so we have exempted childhood
immunizations from the maximum.
5. Updated language pertaining to psychiatric care. The change of verbiage from mental/nervous to
psychiatric does not in any way impact benefits.
6. Added counseling benefits for individuals with pervasive developmental disorders (e.g., autism).
We believe counseling is a necessary part of the treatment regimen for pervasive developmental
disorders and should be covered under the plan.
7. Changed eligibility requirements for retirees. The language pertaining to retiree eligibility has been
updated to more closely reflect the provisions of Indiana Code. In particular, one category of
eligibility (early retiree, age 55 + 10 years of service with the City) has been eliminated. This
change will not impact the current eligibility status of any employee or retiree. It has not been used
in the last 13 years.
8. Revised definition of "physician." The definition has been enlarged to include an optometrist
practicing within the scope of his or her license.
Please call me at 571-2471 if you have any questions about this amendment. I will be at the Board
meeting on October 15 in case any questions arise at that time.
f"-.
f Health Plan Amendment
SIXTH AMENDMENT
TO THE CITY OF CARMEL
EMPLOYEE HEALTH BENEFIT PLAN
WHEREAS. the City of Carmel ("Plan Sponsor"). by action of its governing body. adopted
the City of Carmel Employee Health Benefit Plan (the "Plan") effective February 1. 1992. and
subsequently modified the Plan by a full restatement effective January 1. 2004. and a First.
Second. Third. Fourth and Fifth Amendment to the restated Plan; and
WHEREAS. Plan Sponsor wishes to amend the restated Plan; and
WHEREAS. authority to amend the Plan is granted therein.
NOW. THEREFORE. effective January 1. 2009. the Plan is amended as specified below.
I. Schedule of Medical Benefits (Plan A)
All language pertaining to Plan A is deleted in its entirety. Plan A will no longer be offered to
City employees. retirees or their dependents.
II. Under SCHEDULE OF MEDICAL BENEFITS (PLANS B and C). the section entitled
PENALTY FOR FAILURE TO PRECERTIFY is amended to read as follows:
PENALTY FOR FAILURE TO PRECERTIFY
The participant must obtain precertification by calling the precertification number on his or her
insurance card prior to all planned surgeries (inpatient and outpatient) and all hospital
admissions. Precertification must be obtained within two (2) business days of an emergency
surgery or admission.
Although the service provider may precertify a surgery or hospital admission on the
participant's behalf. it remains the participant's responsibility.
PENALTY: Eligible expenses will be reduced by a penalty of $250 per occurrence. The
penalty will not count towards the satisfaction of the participant's out-of-pocket maximum.
If the participant fails to precertify and the participant later finds that the surgery or
hospitalization is not covered by the plan. the participant will be responsible for all costs
related to the surgery or hospitalization.
PRECERTIFICATION DOES NOT GUARANTEE PAYMENT OR ELIGIBILITY.
III. Under COST CONTAINMENT PROCEDURES. the section entitled PRECERTIFICATION
REQUIREMENTS is amended to read as follows:
Plan cost containment procedures include a precertification requirement for all surgeries
(inpatient and outpatient) and all hospital admissions. Benefits will be reduced if precertification
is not obtained. The amount of the penalty. which is shown in the Schedule of Medical
Benefits, will apply to each surgery and/or hospital admission not precertified.
,....,.
!
Health Plan Amendment
the purchase and fitting of hearing aids, except as provided in the Description of Medical
Benefits under Hearing Exam and Hearing Aids.
VIII. Under SCHEDULE OF MEDICAL BENEFITS (PLAN B) the WELLNESS benefit is amended
to read as follows:
WELLNESS 100% 80%
Copay Applies: subject to applicable benefit No
Deductible Applies: subject to applicable benefit· Yes·
·Deductible will apply only if annual wellness benefit subject to deductible exceeds $200
Calendar Year Maximum .................................................... $1,000 (including the below)
Routine Pap Smear ........................................................... one (1) per calendar year
Routine Mammogram:
one (1) baseline mammogram for females aged 35 through 39
one (1) mammogram per calendar year for females aged 40 and over
Childhood immunizations (up to 24 months of age) as recommended by the
Centers for Disease Control (CDC) will not be subject to the calendar year
maximum.
IX. Under SCHEDULE OF MEDICAL BENEFITS (PLAN C) the WELLNESS benefit is amended
to read as follows:
WELLNESS 100% 60%
Copay Applies: subject to applicable benefit No
Deductible Applies: subject to applicable benefit· Yes·
·Deductible will apply only if annual wellness benefit subject to deductible exceeds $200
Calendar Year Maximum .................................................... $1,000 (including the below)
Routine Pap Smear ........................................................... one (1) per calendar year
Routine Mammogram:
one (1) baseline mammogram for females aged 35 through 39
one (1) mammogram per calendar year for females aged 40 and over
Childhood immunizations (up to 24 months of age) as recommended by the
Centers for Disease Control (CDC) will not be subject to the calendar year
maximum.
X. Under SCHEDULE OF MEDICAL BENEFITS (PLANS B and C), the sections entitled
INPATIENT MENTAL/NERVOUS DISORDERS & SUBSTANCE ABUSE TREATMENT,
STEP-DOWN MENTAL/NERVOUS DISORDERS & SUBSTANCE ABUSE TREATMENT
and OUTPATIENT MENTAL/NERVOUS DISORDERS & SUBSTANCE ABUSE
TREATMENT are amended to INPATIENT PSYCHIATRIC & SUBSTANCE ABUSE CARE,
STEP-DOWN PSYCHIATRIC & SUBSTANCE ABUSE CARE and OUTPATIENT
PSYCHIATRIC & SUBSTANCE ABUSE CARE.
XI. Under DESCRIPTION OF MEDICAL BENEFITS, the section entitled MENTAL/NERVOUS
DISORDERS & SUBSTANCE ABUSE TREATMENT is amended to read as follows:
PSYCHIATRIC & SUBSTANCE ABUSE CARE
Charges for inpatient, step-down and outpatient treatment of psychiatric disorders and
substance abuse, as stated in the Schedule of Medical Benefits. Charges shall be considered
inpatient psychiatric or substance abuse care when the charges incurred include a room and
board charge.
3
4 Health Plan Amendment
a) was a civilian employee of the Employer or the Carmel Clay Board of Parks and
Recreation, or was an official elected or appointed as Mayor, Judge or Clerk-Treasurer
of or for the Employer;
c) reached age fifty-five (55) on or before his retirement date;
d) completed twenty (20) years of creditable employment with a public employer, ten (10)
years of which must have been completed immediately preceding the retirement date;
e) completed at least fifteen (15) years of participation in PERF on or before the
retirement date;
f) was a participant in the Plan on the final day of employment; and
g) is not eligible for Medicare;
3. A retiree who:
a) was employed as a police officer or firefighter by the Employer;
b) qualifies for a retirement or disability benefit under a pension plan offered by the
Employer (including, but not limited to, the 1925, 1937 and 1977 plans);
c) was a participant in the Plan on the final day of employment; and
d) is not eligible for Medicare
OR
A retiree who:
a) was a civilian employee of the Employer;
b) qualifies for an unreduced pension or a disability benefit through the Public Employees'
Retirement Fun;
c) was a participant in the Plan on the final day of employment; and
d) is not eligible for Medicare.
A retiree must submit a written request for retiree insurance benefits within ninety (90)
days of his retirement date. If a retiree waives coverage or fails to submit a timely written
request for coverage, then such retiree will not be eligible for retiree benefits under this
Plan at any time thereafter.
Temporary employees, part-time employees, seasonal employees, leased employees,
individuals paid by a third party that is not related to the Employer and independent
contractors are not eligible employees under this Plan.
XVI. The definition of PHYSICIAN is amended to read as follows:
Physician
A legally qualified medical or dental doctor who is practicing within the scope of his license and
holding a degree of Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental
Surgery (D.D.S.), Doctor of Podiatric Medicine (D.P.M.), or Doctor of Chiropractic (D.C.). The
term "physician" shall also be extended to include Doctor of Psychology (Ph.D.), Optometrist
(O.D.), Physician'S Assistant (P.A.), Nurse Practitioner (N.P.), Registered Occupational
Therapist, Registered Physical Therapist, Licensed Speech Therapist (L.S.T.), Nurse-Midwife,
Orthoptic Technician, and Licensed Clinical Social Worker (L.C.S .W.), provided they are
licensed in the political jurisdiction where practicing, and practicing within the scope of their
license.
In all other respects the Plan remains unchanged.
5
c
JAMES BRAINARD, MAYOR
October 8, 2008
Board of Public Wodes and Safety
One Civic Square
Carmel, IN 46032
RE: Secondary Plat Approval-Larkspur, Pbase 2
Dear Board Members:
Mr. Michael P. Hollibaugh, Director ofthe City ofCarmel Department ofCommunity Services, has
requested the Secondary Plat ofLarkspur, Phase 2 be placed on the Board of Public Wodes and Safety
agenda for approval and signatures.
The area encompassed by this Secondary Plat is within current City ofCarmel corporate boundaries (116*
Street Right of Way) and future corporate limits (SW Clay Annexation Ordinance C-263 effective June 27,
2010).
Approval ofthis Secondary Plat will resolve the ongoing issue that the 4-residentiallots included in this
Secondary Plat have been considered an iIIegal4-lot subdivision. The plat has been reviewed and signed
by the Department ofCommunity Services and reviewed by this department. Therefore, I recommend the
Board approve and sign this Secondary Plat.
Sincerely,
#t7./It~
Michael T. McBride, P .E.
City Engineer
MTMIrbh
Attachments (Mylar Plat)
S:\DHlLL\BPW08\LARK.SPURPH2PLAT
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
1U
~ 1
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I I I·•
•
•
UTILITY AGREEMENT APPAOV'""~ASTOFORIIBY~
(136th Street & Keystone Avenue· Project No. JT#1013549)
THIS AGREEMENT, made and effective this 5th day of September 2008, is by and
between Duke Energy Indiana. Inc., an Indiana electric public utility corporation
(hereinafter referred to as "DElli), and the City of Carmel, in Indiana (hereinafter
referred to as "the Local Government").
WITNESSETH:
WHEREAS, as an Indiana public utility, DEI has the right under Indiana law to
construct, operate and maintain its utility facilities upon Indiana public road right of way
including but not limited to, the Local Government's 13th Street & Keystone Avenue
in Hamilton County, Clay TownShip, City of Carmel, Indiana; and
WHEREAS, DEI has constructed and now operates and maintains certain electric
line facilities upon and/or along 13tfh Street & Keystone Avenue, all of which are more
particularly described on the attached Exhibit "A" (hereinafter referred to as "the Utility
Facilities"); and
WHEREAS, the Local Government needs to make certain improvements to 13tfh
Street & Keystone Avenue, and the Local Government and DEI have determined that
the Utility Facilities will need to be relocated before this improvement can be made by
the Local Government; and
WHEREAS, the Local Government has acquired or will acquire at the expense of
the Local Government, a relocation area on the public road right of way of 136th Street
& Keystone Avenue for the Utility Facilities, which area DEI has determined is suitable
and is hereinafter referred to as "said relocation area"; and
WHEREAS, the Local Government has requested DEI to relocate the Utility
Facilities to said relocation area, as described on Exhibit "A;" and
WHEREAS, DEI is willing to relocate the Utility Facilities to said relocation area;
provided that the Local Government reimburses DEI for the costs actually incurred by
DEI which equal the difference between relocating the Utility Facilities in an
underground manner and relocating them in an overhead manner for the sum of
594.684. The cost of this relocation shall be paid at the conclusion of the DEI relocation
project.
WHEREAS, for any costs actually incurred by DEI in the future in the event the
Utility Facilities need to be adjusted, removed, supported, altered, and/or relocated at
any time or times (a) for another highway improvement project and/or (b) for any other
project of the Local Government or other governmental entity, the Local Government is
willing to reimburse DEI for such present and future costs subject to the terms and
conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual promises from, to and
between DEI and the Local Government, hereinafter contained, DEI and the Local
Government do hereby agree to and with each other, as follows:
SECTION I. DEI with its regular construction or maintenance crew and personnel,
at its standard schedule of wages and working hours, or by an approved contractor, will
relocate the Utility Faciliites to said relocation area, as described on Exhibit "A"
(hereinafter referred to as "the WorkN). The relocation cost to be reimbursed to DEI will
equal the difference between relocating the Utility Facilities in an underground manner
and relocating them in an overhead manner for the sum of $94.684. The cost difference
between DEI overhead facilities construction and underground facilities construction is
described in Exhibit "B".
SECTION II. The Local Government shall reimburse DEI for said actual costs
when the work on both projects has been completed by DEI and within thirty (30) days
after receiving a written, itemized statement from DEI.
2
SECTION III. DEI shall not start the Work until the following has occurred:
(a) written notice has been given to DEI by the Local Government that the Work has
been authorized and funds are available to reimburse DEI.
(b) the Local Government has denoted the public road right-of-way line by staked survey
at not more than 100 foot intervals with station markings.
(c) the Local Government has trimmed/removed all vegetation away from the public
road right-of-way as reasonably determined by DEI for the entire length of the project,
(d) the Local Government and DEI have executed this agreement, and
(e) written notice has been given to DEI by the Local Government that it has acquired
the necessary public road right-of-way area for the relocation area and the Work.
SECTION IV. The Local Government shall also reimburse DEI for any costs
actually incurred by DEI in the future in the event the Utility Facilities need to be
adjusted, removed. supported, altered, and/or relocated at any time or times (a) for
another Local Government highway improvement project and/or (b) for any other project
of the Local Government or other governmental entity.
SECTION V. DEI, and its contractor and subcontractors, if any. shall not
discriminate against any employee or applicant for employment, to be employed in the
performance of this Agreement, with respect to her/his hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to employment
because of her/his race, color, religion, national origin or ancestry. Breach of this
covenant may be regarded as a material breach of this Agreement.
SECTION VI. DEI shall indemnify and hold harmless the Local Government from
and against any and all legal liabilities and other expenses, claims, costs, losses, suits
or judgments for damages, or injuries to or death of persons or damage to or
destruction of property ariSing out of the Work (hereafter "Claim"); provided, however,
that where the Local Government is negligent or engages in intentional misconduct with
3
respect to the occurrence or occurrences giving rise to the Claim, DEI shall have no
duty to indemnify and hold harmless the Local Government.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by through their duly authorized representatives, effective the date first above
written.
DUKE ENERGY INDIANA, INC.
~~~tQr~
C'iNll'\lA A. ~LAlJo
( Name, Printed or Tvped)
DWL bE~'~ e-/i(rfl\)l)
( Position)
City of Carmel
By: ----------------
Printed Name,.:....:__________
Printed Title: __________
Dated: ___________
By:
Printed Name.:....:___________
Printed Title.:....:_____________
Dated: ___________
By: _____________
Printed Name.....: __________
Printed Title: __________
Dated.:...:___________
Attest:
-Treasurer
5
!t='.
COST ESTIMATE EXHIBIT "B"
CITY OF CARMEL INTERSECTION IMPROVEMENT RELOCATION PROJECT
JOB TRACKING NUMBER
1013549
COUNTY & TOWNSHIP
HAMILTON I CLAY
WORK ORDER NUMBERS
CONSTRUCTION: E0339 RETIREMENT: E0339 MAINTENANCE: NlA
DESCRIPTION OF WORK: REMOVE EXlSTNIG OH POLE UNE AND INSTALL UG CABLE FOR THE CITY OF CARMEL
INSECTION IMPROVEMENT WORK ALONG 136TH STREET AND KEYSTONE AVENUE
AMOUNTSUMMARY OF ESTIMATED COSTS _..,.,,-_.
CONSTRUCTION CHARGES $ 152,389• REMOVAL CHARGES $ 15,622
O&MCHARGES $ 1,417
RIGHT-OF·WAY PURCHASES $
RIGHT-OF·WAY CLEARING $
TRANSFORMER CHARGES $ 2,615
TOTAL PROJECT COST $ 172,043
LESS COST FOR OH VS UG CONSTRUCTION $ (77,359)
NET AMOUNT SUBJECT TO REIMBURSEMENT: $ 94,684
PREPARED BY DATE
APPROVED DATE
C 0 APPROVALS
ENGINEERING REAL ESTATE SERVICES
NOTE: ACTUAL AMOUNT BILLED MAY VARY MARGINALLY.
TRANSPORTATION COSTS MAY INCREASE OR DECREASE DUE TO ACCESSIBILrry AND GRADE OF THE SITE.
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APPOOl.':O f>STO FORM By:6
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Ashbury Park Homeowners Association, C/O President Jack 1. Kibort, 770 Edison Way, Carmel,
Hamilton County, Indiana 46032 ("Owner"), and the City of Carmel, Hamilton County, Indiana, by and
through its Board of Public Works and Safety ("City"),
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate ("Real Estate") in the Ashbury Park .
Subdivision which is located within the corporate limits ofthe City of Carmel, Indiana, and which Real
Estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the official plats of the Subdivision were recorded in Plat Cabinet 2, Slide Number
396, as Instrument Number 200000006022 in the Office of the Hamilton County Recorder on February 1,
2000 as Ashbury Park, Section 1, and in Plat Cabinet 3, Slide Number 115, as Instrument Number
200200099718 on December 20, 2002 as Ashbury Park, Section 2; and
WHEREAS, Owner has constructed an irrigation system and associated appurtenances, control
system for the irrigation system, landscaping, earthen benns and mounding, a stone wall, wall lighting
system and associated appurtenances, (including but not limited to fixtures, conduit, conductors, control
panels), a decorative fence, ground lighting and buried electrical conduit and conductors associated with
fEb: msv.<>n1:y:llhan:d\lpickculfomu\oonscnts 10 cncroodIlashbury pm. ctcAoc:9124108J 1
supplying electrical power for the lighting system, decorative street signage, (collectively referred to
hereinafter as the "Site Improvements") on the Real Estate and within the Right of Way (as defmed
herein); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site
Improvements on the Real Estate and within the Right of Way, copies of which are attached hereto and
incorporated herein by this reference as Exhibit B 1-3; and
WHEREAS, the Site Improvements are located within public rights of way (collectively the "Right
of Way"), identified as West 136th Street on Exhibit B 1-3, Ashbury Drive on Exhibit B 1, Schaefer Drive
on Exhibit B 2 and 3, and, and a portion of the Real Estate identified as Common Area "A" and "B" on
Exhibit B 1, Common Area "D" on Exhibit B 2, and Common Area "E" on Exhibit B 3, and Irregular
Drainage & Utility Easements (collectively, the "Easements"), identified, respectively as "c.A. 'A', C.A.
'B', C.A. 'D', C.A. 'E'" and "Irreg. U. & D.E." and "Irreg. D. & U.E." on Exhibit B 1-3
WHEREAS, the Right of Way and Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements encroach (the "Encroachments")
upon the Right of Way and Easements, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not considered a Site Improvement as defmed in this Agreement; and
WHEREAS, the installation ofthe Site Improvements as proposed by the Owner on Exhibit B 1-3
should not materially interfere with the City'S use of the Right of Way or the Easements.
(n; msword :y;\llwcd\Jpicl<ca\forms'<onJcou 10 mcroachlashbury pas\< ac:.cIoc ;9124/0S) 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 Encroachments from what is identified in this Agreement.
4. Owner agrees that City shall have the right to remove any portion of the 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 Right of Way and/or the
Easements, 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.
5. Owner agrees to indemnify and hold hannless 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 and/or damage to any property or improvements, located
on the Real Estate, or otherwise, which results directly or indirectly from any act of the
1Eb: mswonI:y:llharccl\lpickdtlfonns'conJcnts 10 cncroachWhbury par\< CIe .doc:91241011 3
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the Site Improvements in the Right of Way and/or the Easements.
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 all of the Right of Way and/or the Easements
and/or any improvements located therein caused by the installation, construction,
maintenance or operation ofthe Site Improvements.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the Site Improvements.
8. Owner agrees that its use of the irrigation system will not create standing water and/or
other drainage problems that affect the City or adjacent property owners and that, if such
problems arise, City, in its sole discretion, may itself remove or may notify Owner who
shall then immediately remove, all or any portion of the irrigation system as is necessary to
correct such problems, at Owner's sole cost and expense.
9. Owner agrees that the water flow from the irrigation system shall be directed away from all
street travel lanes and that water from the irrigation system shall not be permitted to spray
onto, traverse or otherwise come into contact with any travel lanes or paved areas of any
street or street intersection.
10. Owner agrees that the placement of the Site Improvements in the Right of Way and/or the
Easements shall be at Owner's cost, expense and risk and that, if City, in its sole discretion,
performs any work in the Right of Way and/or the Easements, including, but not limited
to, the maintenance of grassy areas/landscaping or the snow plowing of streets or
sidewalks, that causes damage to the Site Improvements, or any part thereof, any and all
IEb: m,,,"ord:y:lsharedIJpK.l:calfonns\conscnl>1D cncrooch\uhbury patIc ac.doc:9124108) 4
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JAMES BRAINARD, MAYOR
October 8, 2008
Board ofPublic Works and Safety
One Civic Square
Carme~ IN 46032
RE: RIght ofWay Dedications/Carmel Clay Schools
Dear Board Members:
Mr. Trent Newport ofCrossroad Engineers, representing Carmel Clay Schools, has requested the Board
sign the Dedication ofPublic Right ofWay documents presented for approval.
Carmel Clay Schools has agreed to dedicate additional right ofway for various City ofCarmel road
projects that impact school property including:
• Project #06-211 Shelbome Road, 116* Street to 13111 Street
Dedication ofadditional Shelbome Road RIW, Parcel 8 and Parcel8A
• Project #06-22 /126* Street, Towne Road to Shelbome Road
Dedication ofadditional 1261b Street RIW, Parcel 6
• Project #06-17 / Guilford Road, City Center Drive to Main Street
Dedication ofadditional Guilford Road RIW, Parcell
On behalfofthe City ofCarmel, I would like to thank Mr. Roger McMichael, Assistant Superintendent for
Business Affairs ofCarmel Clay Schools, Carmel 2002 School Building Corporation and Carmel Clay
Schools for these Dedications ofRight ofWay. I recommend the Board accept and sign these documents.
Sincerely,
7tl/'Z1I1~
Michael T. McBride, P.E.
City Engineer
MTMlrbh
Enclosures
S:\DHILL\BPW08\cARMELCLAYSCHOOLSROWDED
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in.gov
•
e(J IP);? APPROV£h .lfzj:/ 3 u ~J
AP~ASlOFORII~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
TIllS INDENTURE WITNESSEm:
That CARMEL 2002 SCHOOL BUILDING CORPORAnON ("Grantor"), the fee simple
owner(s) ofthe following described real property ("Property'') described in attached Exhibit A and
Exhibit B, incorporated herein by this reference, which Property is located in the City ofCarmel,
Hamilton County, State ofIndiana, hereby grant, convey and warrant in fee simple and with no
reversioruuy rights whatsoever retained, all ofGrantor's rights, title, and interest in the Property, to
the City ofCannel, Indiana ("Grantee''), subject to all existing easements and rights-of-way of
record, for the sum ofOne Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency ofwhich are hereby acknowledged.
This conveyance ofreal estate is not subject to Indiana gross income tax.
:=~;;~n~§too~-1L~YOf ~~t~ber ,2008.
BY:2t~ ·
Roger McMichael
Printed
Assistant Superintendent for Business Affairs
Title
By:
Printed
Title
STATE OF INDIANA }
COUNTY OF J.lAtn i If-IJN ~
B~ore me, the undersigned NOTARY PUBLIC in and for said Co1D1ty and State, personally appeared the above
(DI"Q n fl2lC and acknowledged execi.d:ing the foregoing Dedication and Deed of Public
Rigbts-of-Way.
Witness my band and Notarial Seal this~day of S e" tern he1'\ ,2008.
Notary Public
i1wA t< K'PNl>Afl
Notary Public (printed)
MY COMMISSION EXPIRES: (? g... 0 ~-J'I
COUNTY OF RESIDENCE: MM.;ON
STATE OF INDIANA }
}
COUNTY OF }
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
and acknowledged executing the foregoing Dedication
and Deed ofPublic Rights-of-Way.
Witness m)' band and Notarial Seal this ~ 2008.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES: ________
COUNTY OF RESIDENCE: _________
This instnunent was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Carme~
hldiaDa 46032
Send tax bills to: One Civic Square, Carmel, IN 46032
After recording, return deed to: Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Cannel, Indiana
46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security
nwnber from this docwnent, unless it is required by law. Douglas C. Haney
EXIllBIT "A"
Sheet 1 of 1
Project: Shelborne Road (I 16th -1311t Street)
Project No.: 06-21
Parcel: 8 Fee Simple
A part of the Northwest Quarter of Seetion 32, Township 18 North, Range 3 East in
Hamilton County, Indiana and being aD that part of the grantor's land lying within
the right ofway lines depicted on the attached drawing, marked Exhibit "B",
described as foDows:
Commencing at the Northwest Comer of said quarter section; thence South 00 degrees 00
minutes 33 seconds West a distance of 1,979.02 feet (1,978.48 feet by deedXassumed
bearing), along the west line of said quarter section, to the south line of the grantor's
land; thence North 89 degrees 24 minutes 01 seconds East a distance of 44.41 feet, along
said grantor's south line, to the eastern boundary of Shelborne Road; thence North 00
degrees 00 minutes 33 seconds East a distance of 976.66 feet, along said eastern
boundary, to the point designated "119" OD said Exhibit "B" Bnd the point ofbeginnjng of
this description; thence North 00 degrees 00 minutes 33 seconds East a distance of
715.00 feet, continuing along said boundary, to the point designated "123" on said
Exhibit "B"; thence South 01 degree 44 minutes 50 seconds East a distance of215.10
feet, to the point designated "122" on said Exhibit "B"; thence South 00 degrees 00
minutes 33 seconds West a distance of413.00 feet, to the point designated "120" on said
Exhibit "B"; thence South 04 degrees 20 minutes 33 seconds West a distance of 87.25
feet, to the point of beginning.
Containing 0.085 acres, more or less.
This description was prepared for the City of Cannel by Trent E. Newport, Indiana
Registered Land Surveyor, License Number 29600021, on the 9th day of September,---.------wos. .._--------. ------
-;;z.~~
INDIANA LAND SURVEYOR
NO. LS 2960002
-:;;s.
PARCEL: 8 EXH11B/T "8"PRO.ECT : 06-21 (She/borne Rood) 'J
COUNTY: HAMILTON
SECTION: 32
TO~SHIP: 18 NORTH
RANGE: 3 EAST
O'M'-JER: CARMEL 2002 SCHOOL BUILDING CORPORAnON
RECORD DOCUMENT: INSlR.f200200049402
"'""""""J HATCHED AREA IS lHEAPPROXIMATE TAKING
50+00
~ Ill:
49+00
48+00
47+00 + H~
Ill:
AQ,f,.O()
45+00
44+00 + II~ a::
NORTH
N.T.s.
PAGE: 2 Of 2
DRAWN BY: KMK 8-14-08
CHECKED BY : RDP 8-15-08
SCALE: N.T.S.
PREPARED BY:
J.£!
~II DfteIopmat Coualtlllta
IIII~-"--.-~
--------
EXIllBIT "A"
Sheet 1 of 1
Project: Shelborne Road (116111 -1311t Street)
Project No.: 06-21
Parcel: 8A Fee Simple
A part ofthe Northwest Quarter ofSectioD 32, TowDship 18 North, Range 3 East in
Hamilton COUDty, IndiaDa aDd being all that part ofthe grantor's land lying within
the right ofway lines depicted on the attached drawing, marked Exhibit "8",
described as follows:
Commencing at the Northwest Comer ofsaid quarter section; thence South 00 degrees 00
minutes 33 seconds West a distance of 150.69 feet (assumed bearing), along the west line
ofsaid quarter section; thence South 89 degrees 59 minutes 27 seconds East a distance of
59.41 fee, to the eastern boundary ofShelborne Road and the point designated "129" on
said Exhibit "B", being the point ofbeginning ofthis description; thence North 47
degrees 59 minutes 02 seconds East a distance of 135.41 feet to the southern boundary of
126th Street and the point designated "130" OD said Exhibit "B"; thence South 89 degrees
47 minutes 08 seconds West a distance of 50.39 feet, along said boundary; thence South
44 degrees 33 minutes 46 seconds West a distance of71.56 feet, to the eastern boundary
ofShelborne Road; thence South 00 degrees 00 minutes 33 seconds West a distance of
39.47 feet, along said eastern boundary, to the point ofbegioning.
Containing 0.075 acres, more or less.
This description was prepared for the City ofCarmel by Trent E. Newport, Indiana
Registered Land Surveyor, License Number 29600021, on the 15th day ofAugust, 2008.
~ri<';"~ -u£~
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 2960002
--
----
56+00
54+00
48+00
46+00
#+00
40+00
... •----
PARCEL: 8
PRO.ECT: 06-21 (Shelbome Rood) EXHIBIT "B" PAGE: 1 or 2
COUNTY: HAMILTOO DRAYtt-l BY: KMK 8-14-08
SECTION: 32 CHECKED BY : RDP 8-15-08OWNER: CARMEL 2002 SCHOOL BUILDING CORPORATlON TO~SHIP: 18 NORTH RECORD DOCUMENT: INSTR.1200200049402 SCAlI: 1· =SOO'RANGE: 3 EAST ~ HATCHED AREA IS THE
APPROXIMATE TAKING
20.00' 15' NCIN-EXtUISM £ASOIENT .. FAa or AMEJllEQi IDANA
1 ,,"lIt/1 I.''!r)...,.... ,..~.,..y ...".."
1-'1(11
Il I I
NORTH
~ i ... ..
ICIII ,....
WDDT F"CII SEB II FAa or
a..AY 'RMCSIF RECDW. WAS1E DIS1IIICf
2.1152.21
Stations CIId Offsets control over both Northing & Eostlng
PREPARED BY: .....-:s..
To the best of my knowledge and btllef, this plot was prepared from
Information obtained from the Office of the Recorder of Hamilton County,
Indiana and plans prepared by RW Armstrong & Associates, Inc. for the
City of Carmel (Project No. 06-21). ,,~l.--~ s/t~/O&
Reg. Land Surveyor No. 29600021 ~u.. IIenlopmiDt CauaitaAtiState of Indiana .,-..-_._--
~
Parcei Coordinote-thart(Shown inFftij-----_..-
It !l!l itol a Be th ostina -if: ~vl IlRl .926( -+ .532: -~ .596(-fR LIl -+ fR' -,. 1M -Pol I. FiQ 0 .7 -Pol ~1 1.54) O. 1\'
Note:
Coordinates CIId Beamgs & DistCllCfl.
... ,,.,."" \/" ... ,,.,.
13l7l' .
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grant:9r having filed with the City of Carmel, Indian~ ("City"), its
Dedication and Deed ofcertain real property ("Property") to the City for the purpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" and Exhibit "B" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW TIfEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrument ofDedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Dare: ________________________
Mary Ann Burke
Dare: __________________________
Lori Watson
Dare: ______________________
ArrEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date: ____________________
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
------~>.£,4~---
I'"
J
; ( "" J' ,
'. !!!OJ;~~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
TInS INDENTURE WITNESSETH:
That CARMEL 2002 SCHOOL BUILDING CORPORA nON, an Indiana not-for profit
corporation, ("Grantor''), the fee simple owner ofthe following described real property
("Property'') described in attached Exhibit A and Exhibit B, incorporated herein by this reference,
which Property is located in the City ofCannel, Hamilton County, State ofIn~hereby grant,
convey and warrant in fee simple and with ,no reversionary rights whatsoever retained, all of { .
Grantor's rights, title, and interest in the Property, to the City ofCannel, Indiana ("Granteej,
subject to all existing easements and righ~f-way.ofrecord, for the, sum ofOne Dollar (SI.00) and
other good and valuable consideration, the receipt and sufficiency ofwhich are hereby
aclmowledged.
This conveyance ofreal estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF Gnmtor bas executed this ~nt on the ~day of September. 2008.
''GRANTOR"
By:
Roger McMichael
Printed
Assistant Superintendent for Business Affairs
Title
B1:
Printed
Title
STATE OF INDIANA }
COUNTY OF YAm, l-#o,v :
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
Gr4.Nfcte, and acknowledged executing the foregoing Dedication and Deed of Public
Rights-of-Way.
Witness my band and Notarial Seal this~y of 5re"t'l!. m. '"err .2008.
~£.J:i~.4h
Notary Public
.btWA R KV1d11 ({
Notary Public (printed)
u
MY COMMISSION EXPIRES: Of-O;jl -/ t.J
COUNTY OF RESIDENCE: A1A-e ,.0 N .c
(ji l,nr, III • I V,~t.~_~' t}t1(" :h ~"''''''~t;t •• L "-(4 ,f""" .... i •• -, tSTATE OF INDIANA· }
}
COUNTY OF }
Before me, the Wldersigned NOTARY PUBLIC in and for said CoWlty and State, personally appeared the above
and acknowledged executing the foregoing Dedication
and Deed ofPublic Rights-of-Way .
.------Witness my hand and Notarial Seal this __day of , 2008.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES: _________
COUNTY OF RESIDENCE: __________
This instrument was prepared by-Douglas C. Haney; Cannel-City -Attorney, City Hall, One Civic Square, Cannel,
Indiana 46032
Send tax bills to: One Civic Square, Cannel, [N 46032
After recording, return deed to:. Douglas C. Haney, Cannel City Attorney, City Hal~ One Civic Square, Canne~ Indiana
46032
I affirm, Wlder the penalties for peljury, that I have taken reasonable care to redact each and every Social Security
number from this document, Wlless it is required by law. Douglas C. Haney
EXHIBIT "A"
Project No. 06-22 Page 1 of 1
Parcel 6 Fee ...
A part of the Northwest Quarter of Section 32, Township 18 North, Range 3 East, Hamilton
County, Indiana, and 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: Beginning on the
north line of said section at ~ point North 89 degrees 5 I minutes 13 seconds East 1,083.00 feet from the
northwest comer of said section, designated as point "6" on the Location Control Route Survey Plat
recorded In Instrument 2007020271 m Ule Office of Ule ReCOiiIer of SaJd coiiiitf, thence °C6iltiriwng North
o
89 degrees 51 minutes 13 seconds East 667.00 feet along said north line; thence South 0 degrees 08
minutes 47 seconds East 40.66 feet to point "326" designated on said Parcel Plat on the south boundaJy of
126th Street as proposed; thence South 85 degrees 45 minutes 09 seconds West 200.51 red to point "327"
designated on said Parcel Plat; thence South 89 degrees 51 minutes 13 seconds West 307.00 feet to point
"328" designated on said Parcel Plat; thence North 85 degrees 01 minute 29 seconds West 160.64 feet to
point "325" designated on said Parcel Plat on the south boundary of said 12~ Street; thence North 0
degrees 08 minutes 47 seconds West 40.66 feet to the point of beginning and containing 0.783 acres,
more or less, inclusive ofthe presently existing right-of-way which contains 0.623 acres, ·more or less, for
a net additional taking of0.160 acres, more or less,
This description was prepared for \\\\'''"""Ii",",\\ ~,",ER H"'" the City ofCarmel, Indiana ~,. 0''1"" ° I::i :f~ ~ "'\ ........ ~~ ".~
~ ro "'G'\STe-k" "1b ~ on the 20th day ofMarch, 2008 ~AS .'''.' 'l';l".'-A·. '/,~~ ~ ~ ~ ••A....V... ~ . '("" N ....V,~:: ...... -.. 0 -. -u ...:= (J : • ~ ({)~
§ i 8800096 ~ ~ :: , : :: by v'~~"'/~ChriStOP ~llips~~ \. STATE OF .:" ff ~ •• J. t\.... ~ Indiana Registered Land Surveyor ~ '·.1"-1""'\r:," ~ ~ / A '.',"U ,.....,..... " .t'.L ~ License Number 8800096~",,~.A'::"'''~''''o,~Of'''' .ru su "....;'" \\,...."'1/ III IIl"'\\
EXHIBIT "B" SHEET 1 OF :
RIGHT-OF-WAY PARCEL PLAT 0' 50' 100' 200' j{Prepared for the City of Carmel'
by USI Consultants, Inc. (Job #2007-026) ! SCALE 1-= 200·
a ~ ~
-+--+~ ~ ~ ~
/26th. st.r"et
Line 'A
, , ~2 2 k~t/ 2 2 2 2 2 2 2~ ~ -------~ l; ~~ ~
Res. A ~C't ~~ ~t ~
~C't ~~
Point Centerline -Station Offset ·· North.lng Ee.stine
:, H KJI-KJ3 I See LocoI.itn Ctntro/ RJJvte ~Plot In5tr. 2«)7020271
325 'A' 20+83 P(~"~Rt 4'i'155.3232 4IJ428.1004
32' 'A' 27+50 P(~"~Rt 4'i'157.0277 4'lJ'15.()tl82
-'~I 1'1 , ~::1~ZlV :1:1.V . "'~ 1"I~·/7t13' llllXl"r.);1:J:x:J
I~-'I
" Ql'mo KI:Cj .,'
328 .'A' 4851J8./~54'I'U1.3QI72~+,43_ 55.(1: Rt. ,. r I
Stotitm t of(set$ anirrJI over both ntrth t eosi ClJtJ('({ntks tnti bt!trng5 t al5trrres
... _...
SURVEYOR'S STATEMENT ~\\\\'UlII""1111.~,\\~ ~\\E.R It p. 111111.: To the best of my /muletige rrrJ ~/ief, this plot, together wI1h the 'Ltx:atit17 # ~'\~.~-r!·'I'l;f'~~t:%
Ctntrol Route Survey' recorded in Instnment 2fXJ7020271 in the Office of the ! ~~~ N ~J'~\
RearrJer of l1anl7ttn Canty, Inditno, (irr:aptToted rrrJ rna:Je 0 pa-t hereof by i! o. \ S
reference) canprise 0 ROIIte 5uvey executed i1 ~with Irrlkm i l 8800096} S
At.ininisirotive Code 865 lAC 1-/2, ('Rule 12,)'~ \ \ STATE Of / !
~ ~'....-......,:At /'"2 .' ~t.,. .~/~"" ~ ~ftI!.~3-z-"" ~/II.~b SU1~t\\\,~:"'~:;:""::"'~~_::""""..:...'~-:::;;t.~~. ~---=; ?-CI'ff 11"""1II1"'\\\~
Oris JI. Plillips ~
Reg. LtntJ ~No, ~
Stoie of nJitna
PARCEL: 6
PROJECT: 06-22
ROAD: 126th Street
COUNTY: !-IANIL TON
SEmON: 32
TOWNSHIP: 18 N.
RANGE: 3 E
OWNER: CARNEL 2002 SCl1rxJL BUILDING CORP DRAIN BY: C.II. P!-IILLIPS 3-18-08
CHECKED BY: IN. GARDNER 3-21-08
.DATED 7-8-02L""-~~~B~~limrrll nmRUKENT ,20020004CJ402
8415 EatIIIh SIrIet
~~462t8 DDlEHSJOHS SHon ARE FROM THE ABOVE usn:D RECORD DOCUKEHTS.
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" & Exhibit "B" hereinabove set forth· ,
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrwnent ofDedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Date: ___________
Mary Ann Burke
Date: ________________________
Lori Watson
Date: _____________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date: ___________
Instrument prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Cannel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
r __ APPROVEh 7IZ7Jd.
APr:lO\'"".J) M'IO FORM ~
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
TIllS INDENTURE WITNESSEm:
That CARMEL CLAY SCHOOLS ("Grantor''), the fee simple owner(s) ofthe following described
real property ("Property") described in attached Exhibit A and Exhibit B, incorporated herein by
this reference, which Property is located in the City ofCannel, Hamilton County, State ofIndiana,
hereby grant, convey and wammt in fee simple and with no reversionary rights whatsoever retained,
all ofGrantor's rights, title, and interest in the Property, to the City ofCamtel, Indiana ("Grantee''),
subject to all existing easements and rights-of-way ofrecord, for the sum ofOne Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency ofwhich are hereby
acknowledged.
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the ..1L. day of September, 2008.
"GRANTOR"~
, ..
Roger McMichael
Printed
Ass;stant Superintendent for Business Affairs
Title
By:
Printed
Title
STATE OF INDIANA }
}
COUNTY OF /-lAM; II-eN }
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
GI'Q ()iot< and acknowledged executing the foregoing Dedication and Deed of Public
Rights-of-Way.
I·
Witness my hand and Notarial Seal this ~y of SC?;f eWI hI(!R , 2008.
~a....::::LI"..£..1?____
Notary Public .'.
lMNA R KeNIJJ4I!
Notary Public (printed)
MY COMMISSION EXPIRES: 0 ~0a-II/ ,."
COUNTY OF RESIDENCE: mAR ioN
t" ., ":'~11 n.'!-I!~_·'-:-::' ) . ~' '':'''I
STATE OF INDIANA } J
}
COUNTY OF }
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
and acknowledged executing the foregoing Dedication
and Deed of Public Rights-of-Way.
Witness my band and Notarial Seal this day of , 2008.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES: _________
COUNTY OF RESIDENCE: _________
This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Carmel,
Indiana 46032
Send tax bills to: One Civic Square, Cannel, IN 46032
After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana
46032
I affinn, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security
number from this document, unless it is required by law. Douglas C. Haney
,.
EXHIBIT" A"
Project: Guilford Road (City Center -Main Street) Sheet 1 of 1
Project No.: 06-17
Parcel: 1 Fee Simple
A part ofthe West Half ofthe Southwest Quarter, Section Thirty-Five (35),
Township Eighteen (18) North, Range Three (3) East, Hamilton County, Indiana. and
being tha~ part ofthe grantor's land lying within the ' Right-of-Way lines depicted on the
attached Right of Way Parcel Plat, marked Exhibit "B", more fully described as follows:
Forty (40) feet, taken by paraUellines, oft' the entire East side of the following
described properties:
Deed Book 178, Page 64 ' , 1,1 ,
A part ofthe West Half ofthe Southwest Quarter ofSection 25, Township 18 North,
Range 3 East, in Clay Township, Hamilton County, Indiana, more particularly described
as follows: Beginning at a point on the East line of the West Halfof the Southwest
Quarter of Section 2S, Township 18 Nottli, Range 3 EaSt; 499.95 feet SoutH ofUte
Northeast comer ofsaid half quarter section; thence south 0 degrees on and along the
East line ofsaid halfquarter section 1151.30 feet; thence South 88 degrees 56 minutes 31
seconds west 1308.35 feet to a point on the West line of said halfquarter section; thence
north 0 degrees 07 minutes 45 seconds east 1148.19 feet on and along the west line of
said half quarter section; thence north 88 degrees 48 minutes 1 0 seconds East 1305.82
feet to the place of beginning; containing 34.49 acres, more or less; EXCEPT that portion
ofthe above described real estate described as follows: Begin 843 feet south ofthe
northeast com~r of the West half ofthe Southwest quarter of said Section, Township, and
Range as a place ofbeginning, run thence South 632 feet, thence West 332 feet, thence
South 64 feet, thence West 82 feet, thence North 64 feet, thence West 891 feet, thence
North 774 feet, thence East 565 feet, thence South 553 feet, thence East 100 feet, thence
North 361 feet, thence East 135 feet, thence North 140 feet, thence East 345 feet, thence
South 90 feet, thence East 160 feet, to the point of beginning, containing 20.1 acres, more
or less, in said exception.
ALSO,
Deed Book 178, Page 65
The Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 26,
Township 18 North, Range 3 East, containing 10 acres, more or less.
Also begin at a point 30 rods South of the Northeast comer of the West half ofthe
Southwest Quarter of Section 25, Township 18 North, Range 3 East as a place of
beginning, run thence South 70 rods, thence West 80 rods, thence North 70 rods, thence
East 80 rods to the place of beginning, EXCEPT that portion of the above described real
estate described as follows:
Begin 843 feet south of the northeast comer ofthe West half of the southwest quarter of
said Section, Township, and range as a place ofbeginning, run thence south 632 feet,
thence west 332 feet, thence south 64 feet, thence west 82 feet, thence north 64 feet,
, 'I'
thence west 891 feet, thence north 774 feet, thence East 565 feet, thence south 553 feet,
thence East 100 feet, thence north 361 feet, thence east 135 feet, thence north 140 feet,
thence east 345 feet, thence South 90 feet, thence East 160 feet, to the point ofbeginning,
containing 20.1 acres, more or less, in said exception, and leaving a balance of 14.9 acres,
more or less.
ALSO,
Deed Book 192, Pag~ 210
Part ofthe West Halfof the Southwest Quarter of Section 25, Township 18 North, Range
3 East in Hamilton County, Indiana, more particularly described as follows:
Beginning 654.0 feet North of the Southeast comer of the West Half ofthe Southwest
Quarter of Section 25, Township 18 North, Range 3 East, and on the East line thereof;
thence North on and along aforesaid East line 330.43 feet to the present South line of the
Clay-Cannel School Property; thence in a Westerly direction on and along said South
line ofthe Clay-Cannel School Property 1309.9 feet to a Stone of the West line of the
West Half of said Southwest Quarter; thence South on and along the West line of said
Half Quarter Section 332.73 feet to a point 654.0 feet North of a stone at the Southwest ,,,,. ." , I' ~.
comer of said Southwest Quarter; thJhce Easterly 13'10.8 feet to the place ~fbtginniIig,
gmtaining in all 9.97 acres. more or Jess
ALSO, ,.. ,
Deed Book 332, Page 178
A part of the West half ofthe Southeast Quarter of Section 25, Township 18 North,
Range 3 East, described as follows: .
Begin 843 feet south of the northeast corner ofthe West half of the southwest quarter of
said Section. Township and range as a place of beginning, run thence south 632 feet,
thence west 332 feet, thence south 64 feet, thence west 82 feet, thence north 64 feet,
thence 891 feet, thence north 774 feet, thence East 565 feet, thence south 553 feet, thence
East 100 feet, thence north 361 feet, thence east 135 feet, thence north 140 feet, thence
east 345 feet, thence.8outh 90 feet, thence East 160 feet, to the point of beginning,
containing 20.1 acres more or less.
ALSO EXCEPTING,
Instrument #200400040379 (110' Right-of-Way & Landscape Easement)
A part ofthe Southwest Quarter of Section 25, and a part of the Southeast Quarter of
Section 26, all in Township 18 North, Range 3 East, Clay Township, Hamilton County,
Indiana, being more particularly described as follows:
Commencing at the southwest corner of the Southwest Quarter of Section 25, Township
18 North, Range 3 East, Hamilton County, Indiana; thence North 00 degrees 08 minutes
50 seconds East (assumed bearing) on the west line of said Southwest Quarter 727.20 feet
to the Point of Beginning of the herein described real estate; thence South 88 degrees 41
minutes 58 seconds West 352.45 feet to the point ofcurvature of a curve having a radius
of 740.00 feet, the radius point ofwhich bears North 01 degrees 18 minutes 02 seconds
West; thence northwesterly on said curve an arc distance of 320.44 feet to a point on the
west line of the Northeast Quarter ofthe Southeast Quarter of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East; thence South 00 degrees 05 minutes 59
, '~
seconds West on said west line 118.45 feet to a point on a non-tangent curve having a
radius of 850.00 feet, the radius point ofwhich bears North 20 degrees 20 minutes 10
seconds East, said curve also being concentric with the previously described curve;
thence southeasterly on said curve an arc distance of49.22 feet to a point on the-south
line ofsaid Quarter-Quarter-Quarter; thence North 88 degrees 49 minutes 47 seconds
East on said south line 617.89 feet to the southeast comer ofsaid Quarter-Quarter
Quarter; thence South 00 degrees 08 minutes 50 seconds West on the west line ofsaid
Southwest Quarter of Section 25 a distance of4.85 feet to a point which is 654.00 feet
North 00 degrees 08 minutes 50 seconds East from the southwest comer of said
Southwest Quarter; thence North 88 degrees 52 minutes 13 seconds East 1310.48 feet to
a point on the east line of the West Half of said· SOuthwest Quarter which is North 00
degrees 00 minutes 00 seconds East 654.00 feet from the southeast comer of said West
Half; thence North 00 degrees 00 minutes 00 seconds East .on said east line~7_7,.11.feet;
thence South 88 degrees 41 minutes 58 seconds West 1310.37 feet to the Point of
Beginning, containing 3.44 acres, more or·less. :
Containing 1.290 acres, more or less.
L..TRENT E. NEWPORT, a Registered I and Surveyor in the State of Indiana, do bereby
certify that this description was prepared by me on January 25,2008, from the original
deed records of the property described. I further certify that to the best .of my belief and
knowledge this description is in accordance with Title 865, Article 1, Rule 12 ofthe
Indiana Administrative Code.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
v(?2J
, .,.: ~
PARCEL: 1
PROJECT: GuHford Rood (City Center-~ain St.) EXHIBIT "B" DRAYtt4 BY: K~K 1-25-08
CHECKED BY : TEN 1-25-08
SCALE: 1· = 200'
COUNTY: HAMILTON
SECTION: 25
TO~SHIP: 18 NORlH
RANGE: 3 EAST
OWNER: CARMEL-CLAY SCHOOLS
RECORD DOCU~ENT: DEED BOOK 332, PAGE 178
RECORD D~ENT: DEED BOOK 178, PAGE 64-65
RECORD DOCU~ENT: DEED BOOK 192, PAGE 210
' 1" f ~HATCHED AREA IS lHE
APPROXl~ATE TAKING "25125
1,305.82'
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""'1 S!"" 1&0'
--c 585',
,
I
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----cJL----.:J ~~~~_J~ 112'
___ ~.308.l!.. _ ~J!>~J.*l.. ---
IlOU'
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i
~~~~"___ ~~~v~d--fAST 1M£. IfST HAlF.
SIr OIJARTE1I
t~~r
NORTH
IDD' o ..' toO' ------
To the belt of my knoIIItdgI and btlilf. thII plat WOI~tarn
InfonnatJan obtained from the 0ftIce of the ~ Hamlton Caunty.
and tarn pkN pnpcnd by Danahut &: AIIodateI for the aty of Carmel
~06-17).
au 1".'"
PREPARED BY:
~
1.~(iZ£-.e
T,..t E. NIwpart Date ~II
Reg. Land Surw)a' No. 28800021 ~... CluaHaat.state of indiana _&_.._..._~
...
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ("City''), its
Dedication and Deed of certain real property ("Property") to the City for the purpose ofestablishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" and Exhibit "B" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
_ __ accepts said Dedication and Deed. and orders that the Instrument of Dedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Dare: ______________________
Mary Ann Burke
Dare: ________________________
Lori Watson
Dare: _____________________
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date: ___________________
Instrument prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Cannel, Indiana 46032
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400