HomeMy WebLinkAboutBPW 110508 Paperless PacketCity of Carmel
Board of Public Works
and Safety Meeting
November 5, 2008
10:00 A.M.
Diana L. Cordray, Clerk Treasurer
City of Carmel
Office of the
Clerk-Treasurer
MEETING
NOTICE
CARMEL BOARD OF PUBLIC
WORKS
WEDNESDAY, NOVEMBER 5,2008
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, NOVEMBER 5, 2008, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE.
THE PURPOSE OF THE MEETING IS CITY BUSINESS.
( )"-1 ( J\ ll : :;(I\.I:\I\t (:."dZl\ ILL. INllIAN.A. 4()l)12 \ 1 (/) 7 1 .~41 ~
•
City of Carmel
Clerk-Treasurer
BOARD OF PUBLIC WORKS & SAFETY MEETING
AGENDA
WEDNESDA Y, NOVEMBER 5, 2008 -10:00 A.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. MINUTES
~. Minutes from the October 15,2008 Regular Meeting
Vb. Minutes from the October 22,2008 Special Meeting
2. BID OPENINGS/AWARDS
/'t1t~~ J Bid Opening for the 2009 Rock Salt; John Duffy, Director of the Department of ¢.. ntbO qtXJ.4-a. Utilities£~.gq~/~ Bid Award for the 1061h and Keystone Water Main Project; Atlas Excavating ~lv,tD#t.-I'L b. ($956,300.00); This was the lowest and most responsive bid; John Duffy, (cAr (JfV. 33 (\ Director of the Department of Utilities
Jc. Bid Rejection for the Video Monitoring Bid; two bids were received on 3) qf~.sr pt-r October 15, 2008, but bids received were over the allocated amount; Chief
Michael Fogarty, Carmel Police Department
3. PERFORMANCE RELEASES
a. Resolution No. BPW-ll-05-08-01; Lincolnshire, Section 2; Streets; Chad
Handley, Estridge Development
b. Resolution No. BPW-II-05-08-02; The Ridge @ Hayden Run, Section 3;
Street Signs, Exterior Sidewalks, Asphalt Paths; Tim Berry, Platinum
Properties, LLC
c. Resolution No. BPW-ll-05-08-03; Long Ridge Estates, Section 3A; Streets,
Curb & Gutters, Water Mains, Street Signs, Exterior Sidewalks, Asphalt
Paths (Section 3A & #B); Steve Broermann, Platinum Properties
\)NE C1 \ 'll: ~0UARE CAIUvIEL, INDL,\N.'\ 46('\2 lI(/)7 1 -2~ 1 4
4. /cONTRACTS
a. Request for Purchase of Goods and Services; Business Furniture;
($54,566.37); Chief Keith Smith, Carmel Fire Department
b. Request for Purchase of Goods and Services; Overhead Door Company;
($1,316.00); Chief Keith Smith, Carmel Fire Department
c. Request for Purchase of Goods and Services; Tower Fire Apparatus
Company; ($3,440.00); Chief Keith Smith, Carmel Fire Department
d. Request for Purchase of Goods and Services; Omni Center; ($18,500.00);
Nancy Heck, Director of the Departf!1ent of Community Relations
e. Request for Purchase of Goods and Services; Town Planning and Urban
Design Collaborative; ($50,000.00); Michael Hollibaugh, Director of the
Department of Community Development
f. Request for Purchase of Goods and Services; Express Scripts, Inc.; Benefit
Management Agreement; Barbara Lamb, Director of Human Resources
g. Request for Purchase of Goods and Services; Change Order #45; Old
Meridian Street; Milestone Contractors; (Increase $421.38); Michael
McBride, City Engineer
h. Request for Purchase of Goods and Services; Change Order #2; 1161h and
Clay Center Road; R&W Contracting; (Decrease $1,247.52); Michael
McBride, City Engineer
i. Request for Purchase of Goods and Services; Change Order #1; 131sl -
Shelborne to Ditch Road; Snider Group; (Decrease $174.96); Michael
McBride, City Engineer
j. Request for Purchase of Goods and Services; Change Order #1; Carmel
Westside Road Improvements; Poindexter; (Increase $2,770.67); Michael
McBride, City Engineer
k. Request for Purchase of Goods and Services; Change Order #1; Yardberry;
Rangeline Road Water Main Relocation; (Increase $48,959.05); John Duffy,
Director of the Department of Utilities
5. USE OF CITY FACILITIES/STREETS
j a. Request to Use Gazebo, Common Areas and Grounds; Wedding; Friday,
June 5, 2009; 5:00 p.m. to 7:00 p.m. and Saturday, June 6, 2009; 1:00 p.m. to
8:00 p.m.; Natalie Piltz lb. Request to Use City Hall Parking Lots, Gazebo, Civic Square Fountain and
City Hall (lSI Floor); Farmer's Market; Saturday's from May 30lh to
September 26,2009; 6:00 a.m. to Noon; (Wednesday, July 1,4:00 p.m. to
8:00 p.m.); Ron Carter
6. OTHER
fa. Resolution NO. BPW-ll-05-08-04; A Resolution of the City of Carmel Board
of Public Works and Safety Authorizing the Adoption of Structural
Amendments to Coexistence Agreement; John Duffy, Director of the
Department of Utilities
lb. Request for Secondary Plat Approval; Westmont, Section 1; Steve
Broennann, Platinum Properties
/ c. Request for Final Plat Approval; Village Green, Section 2, Block G; Brady
Kuhn, Weihe Engineers
J d. Request for Water and Sanitary Sewer Availability; The Legacy Towns &
Flats; Rex King, J.e. Hart Company
J e. Request for Curb Cut Modification; The Stratford at West Clay Parking
Lot; Greg Snelling, Snelling Engineering
elf. Request for Open Cut; 116th Street @ Sanctuary; Kenneth Brasseur, Platinum
j>roperties
./g. Request for Open Cut; 106th Street Middle Thru Lane at Meridian; Lori
Paul, CSU
/ h. Request for Commercial Curb Cuts; The Legacy Towns & Flats; Rex King,
J.e. Hart Company
Ji. -Request for Commercial Curb Cut; 106th Street at River Road; James
Shinneman, Weihe Engineers
tI j. Request for Installation of Street Barricades/Sidewalk Closure; Parcel 47;
Robert Olsen, CSO t ~ )k. Request for Lane Restrictions; Parcel 67; Brett Rose, Hagerman Construction
jI. Request for Vacation of Alley; 1st Avenue NW to 2nd Avenue NW; Trent
Newport, Crossroad Engineers
(/ m. Request for Consent to Encroach; Lot #53; Fairgreen Trace; Timothy and
Mary Ellen Clifford -1604 Quail Glen Court J n. Request for Easement Agreement; Woods Swim Club; John Duffy, Director of
the Department of Utilities
7. ADJOURNMENT
BOARD OF PUBLIC WORKS & SAFETY MEETING
MINUTES
WEDNESDAY, OCTOBER 15,2008 -10:00 A.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
Mayor Brainard called the meeting to order at 10:02 a.m.
MEMBERS PRESENT
Mayor James Brainard; Board Members, Mary Ann Burke, Lori Watson; Deputy Clerk
Treasurers Sandra Johnson and Lois Fine
MINUTES
The Minutesjor the October 1, 2008 Regular Meeting were approved 2-0
BID OPENING/ AWARDS
Bid Opening for Keystone and 136'11 Street Intersection; Mayor Brainard opened and read the
bids aloud.
Company Base Bid Alternate I Alternate 2A Alternate 2B
Milestone Contractors $16,185,000.00 $ 15,590,000.00 ($146,426.50) ($153,913.50)
HIS Constructors $14,936,834.00 $16,916.197. 66 ($47,048.32) ($47,048.32)
Rieth Riley $14,995,005.00 $15,330,746.00 None None
Walsh Construction $14,929,880.00 $14,281,439.37 ($9,143.50) ($9,143.50)
The bids were given to Michael McBride, City Engineer, jor review and recommendation.
Bid Opening for Keystone 116,I1/Carmel Drive Traffic Maintenance; Mayor Brainard opened
and read the bids aloud.
Company Base Bid
Berns Construction $3,632,204.43
Rieth Riley $2,2 I 6,400.00
Poindexter $2,257, 800.75
Walsh Construction $2,51 7,086.98
Crider & Crider $2.487,806.64
Calumet $2,5 75,000.00
The bids were given to Michael McBride, City Engineer, jor review and recommendation.
Bid Opening for Keystone Water Transmission; Mayor Brainard opened and read the bids
aloud.
Company Base Bid
3-S Construction $1,297,108.00
Yardberry $1,965,802.00
Infrastructure Contractor $1,427,511,72
F&K Construction $1,023,450.00
Gradex, Inc $1,615,315.50
Deichman $1,142,080.00
Veolia Water $1,241,724.00
Howell Contractors $1,248,980.00
Culy Construction $1,158,361. 00
Brackney, Inc. $1,378,250.50
Millennium Construction $1,481,929.00
Tram co $1,222,845.00
Central Engineering $1,396,929.82
Poindexter $1,153,964.89
Atlas Excavating $ 956,300.00
Eagle Valley $1,102,642.00
The bids were given to John Duffy, Director ofthe Department ofUtilities, for review and
recommendation.
Bid Openingfor Video Monitoring System; Mayor Brainard opened and read the bids aloud.
Company Base Bid
Morphey Construction $314,885.00
Koorsen Fire $270,778.00
The bids were given to ChiefFogarty, for review and recommendation.
Bid Awardfor the 1361h and Keystone Water Main Project; Millennium Contractors;
$164,700.00; this was the lowest and most responsive bid; There was briefdiscussion. Mayor
Brainard moved to table the item. Board Member Burke seconded. Item tabled 3-0.
PERFORMANCE RELEASES
Resolution No. BPW-10-15-08-01; Red Robin Gourmet Burgers; Erosion Control; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-10-15-08-02; Clay Terrace Boulevard; Left Turn Lane; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-10-15-08-03; Village Green Townhomes, Section 1; Curb & Gutters,
Water Mains, Sanitary Sewers, Storm Sewers, Street Signs; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-IO-15-08-04; Village Green Townhomes, Section 2; Curb & Gutters,
Water Mains, Sanitary Sewers, Storm Sewers, Street Signs, Asphalt Path; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 3-0.
CONTRACTS
Request for Purchase 0/Goods and Services; Pearson Ford (Bid Award -$122,340.00); Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Consolidated Fleet Services; ($2,275.00); Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Earth Exploration; ($101,550.00); Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Total Fire Group; ($273,129.00); Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Moss Glass Company; ($3,165.00); Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request/or Purchase o/Goods and Services; Change Order #3; E&B Paving; 131S( Street
Towne -Shelborne (Decrease $38.45); Board Member Burke moved to approve. Board Member
Watson seconded. Request approved 3-0.
REQUEST TO USE CITY FACILITIES/STREETS
Request to Use Gazebo, Common Areas and Grounds; Carmel Fest; July 2, 3 & 4, 2009; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request to Use City Streets; Run; Saturday, October 25, 2008; 11:30 a.m. to 11:00 p.m.; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
OTHER
Resolution NO. BPW-10-15-08-05; A Resolution o/the City o/Carmel Board o/Public Works
and Safety Setting 2009 Employer and Employee Contribution Rates; Mayor Brainard Moved to
Approve. Board Member Burke seconded. Request approved 3-0.
Resolution NO. BPW-10-15-08-06; A Resolution o/the City o/Carmel Board o/Public Works
and Safety Suspending Employer and Employee Health Insurance Contributions; Mayor
Brainard Moved to Approve. Board Member Burke seconded. Request approved 3-0.
Resolution NO. BPW-10-15-08-07; A Resolution o/the City o/Carmel Board 0/Public Works
and Safety Ratifying the Mayors Signature; Mayor Brainard Moved to Approve. Board Member
Burke seconded. Request approved 3-0.
Requestfor Amendment (6111) to Employee Health Benefit Plan; Mayor Brainard Moved to
Approve. Board Member Burke seconded. Request approved 3-0.
Request for Secondary Plat Approval; Larkspur, Phase 2; Mayor Brainard Moved to Approve.
Board Member Burke seconded. Request approved 3-0.
Request for Utility Agreement; 1361
" and Keystone; Duke Energy; ($94,684.00); Mayor
Brainard Moved to Approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Consent to Encroach; 136111 and Schaefer; Mayor Brainard Moved to Approve.
Board Member Burke seconded. Request approved 3-0.
Request for Dedication ofRight ofWay; Carmel 2002 School Building Corporation; Shelborne
Road; Mayor Brainard Moved to Approve. Board Member Burke seconded. Request approved
3-0.
Request for Dedication ofRight of Way; Carmel 2002 School Building Corporation; 1261h
Street; Mayor Brainard Moved to Approve. Board Member Burke seconded. Request approved
3-0.
Request for Dedication ofRight ofWay; Carmel Clay Schools; Guilford Road; Mayor Brainard
Moved to Approve. Board Member Burke seconded. Request approved 3-0.
ADJOURNMENT
Mayor Brainard adjourned the Meeting at 10:33 a.m.
Diana L. Cordray, IAMC
Clerk-Treasurer
Approved,
Mayor James Brainard
ATTEST:
Diana L. Cordray, IAMC
Clerk-Treasurer
BOARD OF PUBLIC WORKS & SAFETY SPECIAL MEETING
MINUTES
WEDNESDAY, OCTOBER 22, 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 ; Deputy Clerk Treasurers Sandra Johnson
BID OPENING/ AWARDS
Bid Awardfor the Eastside Salt Facility and Storage Building Expansion; MacDougal Pierce
Construction ($1,362,333.00); Board Member Burke movedfor approval. Board Member
Watson seconded. Request approved 2-0.
CONTRACTS
Requestfor Purchase ofGoods and Services; MacDougal Pierce Construction (Bid Award;
$1,362,333.00) Board Member Burke moved to approve. Board Member Watson seconded.
Request approved 2-0.
ADJOURNMENT
Board Member Burke adjourned the Meeting at 10:02 a.m.
Diana L. Cordray, IAMC
Clerk-Treasurer
Approved,
Mayor James Brainard
ATTEST:
Diana L. Cordray, IAMC
Clerk-Treasurer
NOTICE TO BIDDERS
CITY OF CARMEL
Notice is hereby given that the Board of Public Works and Safety, City of Carmel, Indiana, wi" receive sealed bids or
proposals during regular business hours at the office of the Clerk -Treasurer, One Civic Square, Carmel, Indiana
46032 until 10:00 a.m. local time. on Wednesday, November 5, 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 Ha" for
the following materials:
To be purchased during the calendar year 2009:
NOTE: Price quoted must be "Firm" for the entire calendar year of 2009
Rock Salt for use in water softening -1 0,000 tons more or less.
The Rock Salt must meet American Water Works Association
(AWWA) specification B200-93. Please quote price per ton.
A bid bond or certified check in the amount of 10% of the
contract price is required for the Rock Salt bid.
All bids must be received sealed with the words "ROCK SALT BID" on the left hand corner of the envelope. All
persons with an interest in bidding shall register a contact name and address with the Utility Department to ensure
that a" changes or questions and answers are available for review by all interested parties. No late bids will be
accepted.
The specifications are set forth in detailed documents on file in the Utilities Department, 760 Third Avenue SW, Suite
110, Carmel, Indiana 46032.
Questions regarding this solicitation must be written and delivered to the Utilities Department. All responses will be
written and made available with the specifications at the Department. Please call the Utilities Department at 317/571
2443 to confirm whether or not any such written questions have been received and/or answered.
The submitted proposal must be in compliance with IC 36-1-9-85.
The Board of Public Works and Safety 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.
Diana L. Cordray
:Ierk Treasurer
)ublication dates: Friday, October 10, 2008
Friday, October 27,2008
Page 1 of 1
Johnson, Sandy M
From: Duffy, John M
Sent: Wednesday, October 29, 20082: 1 0 PM
To: Johnson, Sandy M
Subject: bid award
Sandy,
For the November 5th BPW meeting -we wish to award the 106th and Keystone Water Main Project to Atlas Excavating in the
amount of $956,300. They were the lowest, most responsive bidder. Thanks.
J Duffy
10/2912008
C'ity of' Ca1'ln~1
C~l11rme~ Po[ice Depil1rtJl1l1l.ell1lt
;) Ciyic Square
Carmel. Indiana "116'032
DATE: October 28, 2008
TO:
FROM:
Board of Public Works and Safety
Michael D. Fogarty, Chief of Police 1f;ty}
RE: Bid Openings
On October 15, 2008 the Board of Public Works and Safety opened bids for a
video security system funded by a Federal grant.
The two bids submitted were from Koorsen Fire and Security Company in the
amount of $270,778.00 and Morphey Construction, Inc., in the amount of
$314,885.00.
As the lower of the two bids was more than $80,000 over the allocated amount of
the project, I am requesting that both bids be rejected.
The specifications for the project will be rewritten and again be put out for a
public bid .
cc: Marvin Stewart, Communication Center Director
Sandy Johnson, Clerk-Treasurer's Office
(:)17) :)71 -2:)1){) A Nationally Accredited Law Enforcement Agency F •. , (317) 571-251.2
"
City of Carmel, Indiana Resolution No: BPW-II-05-08-01
Principal: Estridge Development Co.
From: City Engineer
surety: Developers Surety and
Indemnity Company
Board Members:
for
I have conducted final inspection of
the following improvements:
Lincolnshire, Section 2 Project,
ITEM
Streets
Bond Number
770169S
AMOUNT
$ 160,600.00
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, ~
A2214~ City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 5th day of November 20 08 , that the Performance
bonds for Lincolnshire, Section 2 Project as listed above are
hereby released and said improvements accepted by the City of Carmel, Indiana,
subject to the listed conditions above. The effective date of the Maintenance
bonds shall be the same date as this resolution.
Signed: _____________________________________
Board of Public Works and Safety
..
October 20, 2008
Mr. Dick Hill
Engineering Administrator
Department of Engineering
One Civic Square
Carmel, Indiana 46032
RE: LIncolnshire Section 2 Release of Performance Bond
Dear Mr. Hill:
Please use this letter as notification to release the performance bonds for
LIncolnshire Section 2.
We have completed the following work:
1. Interior streets
If you have any questions, please contact me.
Sincerely
L:kD-h
Chad Handley
Neighborhood Management Director
Estridge Development Company
317.669.8559
handleyc@estrldge.net
14300 Clay Terrace Boulevard, Suite 200 • Carmel, Indiana 46032 • Phone: 317.846.7311 • Fax: 317.582.2452 • www.estrldge.com
To: Board of Public Works Date: November 5, 2008
and Safety
, City of Carmel, Indiana Resolution No: BPW-l1-05-08-0h
I
Principal: Platinum Properties, LLC
From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
for
I have conducted final inspection of
the following improvements:
The Ridge @ Hayden Run, Sec.3 Project,
ITEM
Street Signs
Exterior Sidewalks
Asphalt Pa ths
BQnd Number
5026622
5026616
5026613
AMOUNT
$ 1,000.00
$ 8,670.00
$ 48,960.00
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
fol l owing conditions:
1. Maintenance Guarantees in the amount of 10% of the Performance amount,
for Exterior Sidewalks, be filed with the City of Carmel, said
Guarantees to run for a period of (3) years.
2. Maintenance Guarantees will not be required for Street Signs and
Asphalt Paths. Street Signs are non-standard and the Paths are outside
of dedicated r/w. Maintenance responsibility of Developer and/or HOA.
Approved:
7rZ 2 7zl&,.~
City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 5th day of November 20~, that the Performance
bonds for The Ridge @ Hayden Run, Section 3 Project as listed above are
hereby released and said improvements accepted by the City of Carmel , Indiana,
subject to the listed conditions above. The effective date of the Maintenance
bonds shall be the same date as this resolution.
Signed: _______________________________________
Board of Public Works and Safety
t
October 16, 2008
City of Cannel
Board of Public Works and Safety
CIO Department of Engineering
One Civic Square
Carmel, Indiana 46032
RE: The Ridge at Hayden Run Section 3
Performance Release Request
Dear Board Members:
Please accept this letter as our formal request for the release of performance bonds related to completed
improvements at the above references project. We are currently requesting release of the following bonds:
• No. 5026622; The Ridge at Hayden Run Section 3; Street Signs in the amount of $1 ,000.00.
• No. 5026616; The Ridge at Hayden Run Section 3; Ext Sidewalks in the amount of $8,670.00.
• No. 5026613; The Ridge at Hayden Run Section 3; Asphalt Paths in the amount of $48,960.00.
• No. 5026615; The Ridge at Hayden Run Section 3; Erosion Control in the amount of $70,920.00.
Sincerely,
Tim Berry
Assistant Project Manager
Cc: Heather Beck, Hub International
Steve Edwards, Platinum Properties LLC
File
317 818-2900 • 317 863-2055 fax
9757 Westpoint Drive, Suite 600 • Indianapolis, IN 46256
TO: Board of Public Works Date: November 5, 2008
and Safety
City of Carmel, Indiana Resolution No: BPW-11-05-08-0~ t Principal: Platinum Properties, LLC
From: City Engineer
Surety: Bond Safeguard Insurance Co.
Board Members:
I have conducted final inspection of Long Ridge Estates, Sect. 3A Project,
for the following improvements:
ITEM Bond Number AMOUNT
Streets 5027108 $ 181,400.00
Curb & Gutters 5027103 $ 27,687.00
Water Mains 5027107 $ 94,498.83
Street Signs 5027110 $ 1,330.00
Exterior Sidewalks 5027101 $ 16,752.25
Asphalt Paths (3A & 3B) 5027102 $ 93,300.00
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 other improvements (minimum $100.00), be filed with the City of
Carmel, said Guarantees to run for a period of (3) years.
Approved: .::£
2z2~
City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this ~day of November 20~, that the Performance
bonds for Long Ridge Estates, Section 3A 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
October 24, 2008
Carmel Engineering Department
Attn: Mr. Dick Hill
One Civic Square
Carmel, IN 46032
VIA FAX -571-2439
RE: Bond Release/Reduction for Long Ridge Estates, Section 3
Dear Mr. Hill:
This letter serves to request placement on the next meeting agenda of the Board of Public Works. We are
requesting the reduction of the following performance bonds that have been posted with the City of
Carmel, for the project listed above. As you are aware, Section 3 of Long Ridge Estates was split into
Sections 3a and 3b. The current bonds are being reduced to the total cost remaining to complete Section
3b of the project. New maintenance bonds will be posted for the improvements that have been completed .
Long Ridge Estates. Section 3
• #5027101 Exterior Walks for $17,880.00 -reduced to $1,128.00
• #5027103 Curbs &Gutters for $48,180.00 -reduced to $20,493.00
• #5027107 Water Mains for $165,060.00 -reduced to $70,562.00
• #5027108 Streets for $308,200.00 -reduced to $126,800.00
• #5027110 Street Signs for $2,000.00 -reduced to $670.00
The following bond is being requested for complete release:
Long Ridge Estates, Sectilin 3
• #5027102 Asphalt Path for $93,300.00 -all perimeter path work completed.
If you need any additional information for this request, feel free to contact me at anytime,
Sincerely,
Steve Broermann
Project Manager
Cc: file
317 818-2900 • 317 863-2055
9757 Westpoint Drive, Suite 600 • Indianapolis, IN 46256
BUSINESS FURNITURE, INC .
Fire Departntent -2008
Appropriatidn' #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599 APPROVED, AS TOContract Not To Exceed $54,566.37 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
Business Furniture, 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 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 Fifty Four Thousand Five Hundred Sixty Six Dollars and Thirty Seven Cents
($54,566.37 ) (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 "Office Furniture" received by the City of Carmel Board of Public
Works and Safety on or about August 24, 2008, all of which documents are incorporated herein by reference,
and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor.acknowledges that it knows of City's intended use and expressly warrants that the Goods
and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
[Z :I,E B.&ss\My Doc\LDII»1J\Profcssioo& Savico\fORMS',(Jood, '" SavKO· R("\I 8-06-07.doC": 101112008 10:36 AM]
BUSINESS FURNITURE, INC.
Fire Department -2008
Appropriation #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599
Contract Not To Exceed $54,566.37
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties ; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to , personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
(Z:\£ &u\,\{y DocumI3IL,,;\Proft.."'t'ilooal Suvk:.cs\fOR.\1S\G()od,,-~ &. SU'VlCCS "-RC"V 8·06-07.doc:I G'8i2008 10:)6 A.\(J 2
BUSINESS FURNITURE, INC.
Fire Department -2008
Appropriation #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599
Contract Not To Exceed $54,566.37
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 confiict of laws provisions. The parties agree that, in the event alawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[Z:\£ 8a.u'My DC)I:\llIh,21b"\PrortSSlOftal Sl2Viccs\FORMS\Good,s. &: s~·Rt...... 8-06-01.dod0l8l2003 IOJ6 AM] 3
BUSINESS FURNITURE, INC.
Fire Department -2008
Appropriation #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599
Contract Not To Exceed $54,566.37
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Chief
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Business Furniture, Inc.
6102 Victory Way, Indianapolis, Indiana 46278
Telephone: 317-216-1600
E-Mail: ______________
ATTENTION: Jolynne Wilhoit
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement. City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
(Z:\E B.iS.1\My Docum<Dts:\Prof~iODaI Sc.1"VlCQ""\fORMS\Goods &. Sd"'IICt$ -Rev 8-06-07.doc: 101812008 10:36 A.\f] 4
BUSINESS FURNITURE, INC.
Fire Department -2008
Appropriation #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599
Contract Not To Exceed $54,566.37
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:\£ 8ass\My lAK.1.I.D:II2JtS'..PrOre<.'ilonal S~\fORMS\Goocb &: Scr\1I\:CS · Rl.... 8~1.doc:10/&I2008 10:)6 AM} 5
------------
BUSINESS FURNITURE, INC.
Fire Department -2008
Appropriation #43-501.00-$45,513.64; #102-630.00-$9,052.73 P.O. #12599
Contract Not To Exceed $54,566.37
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 BUSINESS FURNITURE, INC.
by and through its Board of Public
Works and Safety
By: By:
(J~-rf
James Brainard, Presiding Officer gnature
Date: __________
)( ~O tL" 0 1\ ~ Wi lh(2~t-
. Printed Name
Mary Ann Burke, Member
Date: __________ 'f WtJi'-r-pb.( ~ Sf? ~I'~ 1
Title
Lori S. Watson, Member FIDITIN:x ~":::,. -,,~~~~~~
Date:
SSN if Sole Proprietor: ~)I,______
ATTEST:
Date: ~ cOc+V k 1],\ LOu B
Diana Cordray, IAMC, Clerk-Treasurer
Date: ______________
(Z:\E 8~\M)' DClf.:lImml<\Prorcuioaal Savica;\FORMS'oGoodJ & ~-Kc:s. Rev A-06-07.drx:I0tY2008 10:36 A~r] 6
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
,
Signature
Printed Name
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
-
---
PAGEINDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER City of Carmel I J
FEDERAL EXCISE TAX EXEMPT 1259935-60000972I I THIS NUMBER MUST APPEAR ON INVOICES, A
VOUCHER, DELIVERY MEMO, PACKING SLIP
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENG: FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
'URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
912AJ200S
Business Furniture, LLC. Carmel Fire Department
VENDOR SHIP 2 Civic Square
TO
6102 Victory Way Carmel, IN 46032
Indianapolis, IN A6278 (317) 571-2622
ONF1RMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
-QUANTITY IUNIT O~MEASURE DESCRIPTION ---------I UNIT PRICE I EXTENSION
Account .0-.501.00
1 Each Sta. 41 Remodel-I nstallation $45,513.64 $45,513.64
Sub Tohl: $45,513.64
Account 102~.OO
1 Each Sta. 41 Admin Lobby -R.e~ption Aie~ $9,052.73 $9,052.73
./ •..1 1 Sub Total : $9,052.73
" I,,,I ./ , .
~ . '" ., v , "
., .; :/
•
, 0 •
I": •:... '.
~:
~ -"
Send Invoice To:
Carmel Fire Department
2 Civic Square
Carmel, IN A6032PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT tfiA ~37Carmel Fire Department • NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS ~p'cr--'
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS ]HE PROPER SWORN AFFIDAVIT ATIACHED.
I HEREBY CEf}fIF):..THAI.It-iERE IS AN UNOBLIGATED BALANCE IN SHIPPING INSTRUCTIONS
THIS APPROP.~:d).j\Y FOR THE ABOVE ORDER. • SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS. Q;J~• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99. ACTS 1945 TITLE I
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
CLERK~REASURER
DOCUMENT CONTROL No·12 59 9 VENDOR COpy
CARMEL FIRE DEPARTMENT
PROPOSED REMODEL QUOTES
l COMMERCIAL FURN/SH/NGS l CONTINENTAL OFFICE BUSINESS FURNITURE
Paint I No Bid 1$ 10,960.00 $ 7.452 .75
Carpet I No Bid 1 $ 6,675.00 $ 12,577.58
Furniture 1 $ 1,549.00 I $ 11,226.27 $ 9,052.73
Remodelingllnstallation I Incomplete -$21692 1$ 26,696.12 $ 25.483.31
TOTAL 1$ 23,241,00 I $ 55,557,39 I $ 54,566.37
Business Furniture LLC· 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774 .5544 Page 1 of 4
http://W.NW.businessfurnitureindy.com FAX 317.216.1601
Quote Quote Customer Account Project
Number Date Customer Order Number Number Representative Number
159771 9/23/2008 ENTR Y CFIRE JOLYNNE WILHOIT 4836
QUOTE TO: JEAN JUNKER
CARMEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
SHIP TO: JEAN JUNKER
CARMEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
P: 1.317.517.2616 P: 1.317.517.2616
Tenns: NET 30 DAYS
Line Quantity Catalog No. I Description
Unit
Price
Extended
Amount
SUBJECT TO BU SINESS FURNITURE TERMS AND CONDITIONS.
QUOTE INCLUDES DELIVERY, INSTALLATION AND REMOVAL
OF PACKAGING DURING NORMAL BUSINESS HOURS AND IS
SUBJECT TO CHANGE DUE TO QUICKLY RISING FUEL COSTS .
IF YOU HAVE ANY QUESTIONS, CONTACT JOLYNNE WILHOIT
AT 317-216-1653.
QUOTE INCLUDES FURNITURE AND ACCESSORIES FOR OUTER
FOYER AREA -ALL PAINT AND ALL CARPET
1
2
3
1
2
1
I 2667-1 BRAYTON I
BARRYMORE ARMCHAIR,
UPHOLSTERED FULL PANEL BACK
UPHOL : GRI0 GRADE 10 TEXTILE SELECTION
THE DESIGNTEX GROUP
Purchaser: VENDOR
Pattern: BOTTLE BANK -2869
Color: THORNAPPLE -301
Appl Direction:
FINISH :3422 3422 MEDIUM CHERRY
I 44 0-B2060WB
PASSERELLE BENCH
20D X 60w X 17H
BRAYTON I
UPHOLS :GRI0 GRADE 10 TEXTIL~ SELECTION
THE DESIGNTEX GROUP
Purchaser: VENDOR
Pattern: friendly faux -2008
Color : RED PANDA -302
Appl Di recti on:
FINISH :3422 3422 MEDIUM CHERRY
I 44-Tl64830 BRAYTON I
642 . 20
1,235.00
48 . 00%
795.08
1,529.00
48 . 00%
590.72
642.20
1,590.16
590.72
ACCEPTED BY TITLE ----.. _.-o"rt ttl =( "
Business Furniture LLC (,) 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 2 of 4 http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
159771 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4B36
Line Quantity Catalog No, I Description
Unit
Price
Extended
Amount
PASSERELLE TABLE, 1,136,00
WOOD TOP 16D X 4Bw X 30H
FINISH :3422 3422 MEDIUM CHERRY
48,00%
4 1 I 44-T242417 BRAYTONI 394 , 6B 394.6B
PASSERELLE TABLE, 759,00
WOOD TOP 24D X 24W X 17H
FINISH :3422 3422 MEDIUM CHERRY
4B.00%
5 1 I SILK TREE BUSINESS 690.00 690.00
8' SILK TREE/PLANTER 0.00
0.00%
6 1 I SILK BUSH BUSINESS 252.50 252.50
3' SILK BUSH/PLANTER 0.00
0.00%
7 I CHANDELIER BUSINESS 1,200.00 1,200.00
CHANDELIER LIGHT FIXTURE 0.00
0.00%
B ICOLLAGE BUSINESS 1,550.00 1,550.00
IMAGE COLLAGE 0.00
0.00%
9 INSTALLATION BUSINESS 356.25 356.25
DELIVERY AND INSTALLATION OF ALL 0.00
CORPORATE ACCENT ACCESSORIES AND ARTWORK
EXCEPT INSTALLATION OF LIGHT FIXTURES
0.00%
10 REFINISH WOOD FLOOR BUSINESS 1, 125.00 1,125.00
LABOR TO CLEAN AND REFINISH WOOD 0.00
FLOORING IN ENTRY AREA. INCLUDES 2
COATS OF WATER BASE FINISH, COLOR WILL
REMAIN THE SAME.
0.00%
11 CARPET MOHAWKCA 6,575.00 6,575.00
CARPET FOR FIRST FLOOR INCLUDING ALL 0.00
OFFICES AND CONFERENCE ROOM
BIGELOW "BIG PICTURE" BROADLOOM CARPET
PER THE MANUFACTURER'S SPECIFICATIONS.
COLOR #7731 RESOURCES
4" VINYL BASE IN ROOMS WHERE OLD BASE
WILL BE REMOVED. COLOR TO BE DETERMINED
0.00%
12 I CARPET LABOR MOHAWKCA 6,002.58 6,002.58
LABOR ONLY 0.00
WORK INCLUDED:
0.00%
ACCEPTED BY TITLE •• _ ••••• "_._ DATE~
· Business Furniture LLC 0, 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774 .5544 Page 3 of 4
http://v.rww.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
159771 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No. , Description
Unit
Price
Extended
Amount
REMOVE AND DISPOSE OF THE EXISTING
CARPET AND VINYL BASE .
PERFORM MINOR FLOOR PREPARATION TO READY
THE FLOOR FOR NEW CARPET.
PROVIDE AND INSTALL BIGELOW "BIG
PICTURE" BROADLOOM CARPET PER THE
MANUFACTURER'S SPECIFICATIONS. COLOR
#7731 RESOURCES
PROVIDE AND INSTALL 4" VIN YL BASE IN
ROOMS WHERE OLD BASE WILL BE REMOVED.
COLOR TO BE DETERMINED
NOTE: CARMEL FIRE DEPARTMENT PERSONNEL
TO REMOVE ALL FURNITURE, ELECTRONICS AND
OTHER ITE~S TO CLEAR ALL ROOMS FOR
INSTALLATION. CARMEL FIRE DEPARTMENT TO
REPLACE SAME.
EXCLUDES: MAJOR FLOOR PREPARATION;
PROVIDING TEMPORARY SERVICES (LIGHT,
HEAT, ETC); HANDLING HAZARDOUS MATERIAL
(ASBESTOS, ETC); SEALING AND WAXING OF
RESILIENT FLOORS; PROTECTION OF FINISHED
FLOORS
13 I PAINTING BUSINESS
PAINT ONLY
2,054.75
0 . 00
0 . 00%
2,054.75
14 I PAINTING BUSINESS
LABOR ONLY FOR INTERIOR PAINTING
SCOPE OF WORK: PAINT ENTRY, RECEPTION
AREA, KITCHEN, CORRIDORS AND STAIRWAYS
ON THE FIRST FLOOR . ALSO, 2 COLUMNS,
WOOD RAILING, CORRIDOR DOORS AND FRAMES .
NOTE: IN AREAS WHERE WOOD TRIM AND BASE
REQUITE PAINTING, AN HOURLY RATE OF
$45.00 WILL APPLY. SHOULD NOT EXCEED
4-5 HOURS.
5,398.00
0.00
0.00%
5,398 . 00
15 1 I DELIVERY BFCDELIV
LABOR TO DELIVER AND SET IN PLACE
SEATING AND TABLES IN OUTER FOYER AREA
DURING NORMAL BUSINESS HOURS
APPLICABLE ONLY IF THIS AREA IS DONE
PRIOR TO THE RECEPTION AREA
125.00
0.00
0.00%
125.00
Sub Total 28,546.84
ACCEPTED BY TlTLE--trroUE~XHIiIIB~IT.~"
Business Furniture LLC · 0, 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 4 of 4 http://www.businessfurnilureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
159771 9/23/2008 ENTRY CFIRE JOLYNNS WILHOIT 4836
Line Quantity Catalog No, I Description
Unit
Price
Extended
Amount
BRAYTONI CO~
BRAYTONI Stee1case Co
INDIANA
··*****End of Quotation*******
ODITY SURCHARGE
odity Surcharge
ALES TAX EXEMPT
Grand Total
128,00
77.35
0,00
28,752,19
ACCEPTED BY TITLE DATE {
I \ I
I
"EXHIBIT It
Business Furniture LLC . 0, 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 1 of 10
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
162725
Quote
Date
9/23/2008
Customer Order Number
ENTRY
Customer
Number
CFIRE
Account
Representative
JOLYNNE WILHOIT
Project
Number
4836
QUOTE TO: JEAN JUNKER
CARNEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
SHIP TO: JEAN JUNKER
CARNEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
P: 1.317.517.2616 P: 1.317.517.2616
Terms: NET 30 DAYS
LIne Quantity Catalog No. I Description
Unit
Price
Extended
Amount
SUBJECT TO BUSINESS FURNITURE TERNS AND CONDITIONS.
QUOTE INCLUDES DELIVERY, INSTALLATION AND REMOVAL
OF PACKAGING DURING NORNAL BUSINESS HOURS AND IS
SUBJECT TO CHANGE DUE TO QUICKLY RISING FUEL COSTS.
IF YOU HAVE ANY QUESTIONS, CONTACT JOLYNNE WILHOIT
AT 317-216-1653.
QUOTE INCLUDES RECEPTION WORKSTATIONS ONLY
5 I TS724HF STEELCAS 106.64 533.20
Frame-Horizontal Package, 24w 248.00
BASIC : 7238 FIELDSTONE
OPTIONS •• OPTIONS * *
TC OPT 'OPT:TOP CAP OPTIONS
WOOD CAP WOOD TOPCAP
WOOD WOOD
WOOD 'WOOD:WOOD
3422 FC/OP MEDIUM CHERR
CABLEOPT 'OPT:CABLE TRAY OPTION
NO TRAY NO CABLE TRAY
TRAY OPT *OPT:BASE TRAY OPTION
NO TRAY NO BASE TRAY
57.00%
2 I TS730HF STEELCAS llO.08 llO.08
Frame-Horizontal Package, 30w 256.00
BASIC :7238 FIELDSTONE
OPTIONS
TC OPT
WOOD CAP
WOOD
WOOD
3122
CABLEOPT
• • OPTIONS * •
'OPT:TOP CAP OPTIONS
WOOD TOPCAP
WOOD
'WOOD:WOOD
QC/OP MEDIUM CHERR
*OPT:CABLE TRAY OPTION
57.00%
Aem"o", "EXHIBIT oJ 11 tme> "
Business Furniture LLC , 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 2 of 10
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No, I Description
Unit
Price
Extended
Amount
NO TRAY
TRAY OPT
NO TRAY
NO CABLE TRAY
'OPT:BASE TRAY OPTION
NO BASE TRAY
3 1 I TS736HF STEELCAS 114 , 38 114.38
Frame-Horizontal Package, 36w 266.00
BASIC :7238 FIELDSTONE
OPTIONS • • OPTIONS • .
TC OPT 'OPT:TOP CAP OPTIONS
WD COH1 WOOD COH TOPCAP 1 END
WOOD WOOD
WOOD 'WOOD:WOOD
3122 QC/OP MEDIUM CHERR
CABLEOPT 'OPT:CABLE TRAY OPTION
NO TRAY NO CABLE TRAY
TRAY OPT 'OPT:BASE TRAY OPTION
NO TRAY NO BASE TRAY
57 , 00%
4 2 I TS736HF STEELCAS 111,80 223 ,60
Frame-Horizontal Package, 36w 260,00
BASIC :7238 FIELDSTONE
OPTIONS
TC OPT
WOOD CAP
WOOD
WOOD
3122
CABLEOPT
NO TRAY
TRAY OPT
NO TRAY
• • OPTIONS • •
'OPT:TOP CAP OPTIONS
WOOD TOPCAP
WOOD
'WOOD:WOOD
QC/OP MEDIUM CHERR
'OPT:CABLE TRAY OPTION
NO CABLE TRAY
'OPT:BASE TRAY OPTION
NO BASE TRAY
57.00%
5 1 I TS71224SPW STEELCAS 159,96 159.96
Window-Single Pane, 12hx24w 372.00
GLASS :6500 CLEAR GLASS
TRIM :7238 FIELDSTONE
57.00%
6 1 I TS71236SPW STEELCAS 185.33 185.33
Window-Single Pane, 12hx36w 431.00
GLASS :6500 CLEAR GLASS
TRIM :7238 FIELDSTONE
57.00%
7 I 13 ITS71224TK STEELCAS 30.96 402 , 48
Panel Skin-Tackable Acousti cal, 12x24 72.00
SURFACE :G226 CANTATA 57.00%
8 I 2 1TS71236TK STEELCAS 34.40 68 . 80
Panel Skin-Tackable Acoustical, 12x36 80,00
SURFACE :G226 CANTATA 57,00%
91 8 1TS73624TK STEELCAS 61. 06 488,48
P.anel Skin-Tackable Acoustical, 36x2 4 142.00
SURFACE :G226 CANTATA 57,00%
AccmED", "no "EXHIBIT"E £&01 "
Business Furniture LLC. 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 3 of 10
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/2312008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No. I Description
Unit
Price
Extended
Amount
10 2 I TS73630TK STEELCAS 65.36 130 . 72
Panel Skin-Tackable Acoustical, 36x30 152.00
SURFACE :G226 CANTATA 57.00%
11 3 I TS73636TK STEELCAS 70.09 210.27
Panel Skin-Tackab1e Acoustical, 36x36 163.00
SURFACE :G226 CANTATA 57.00%
12 1 I TS71224wS STEELCAS 132.01 132.01
Skin-Wood, 12hx24w 307.00
TRIM :7238 FIELDSTONE
WOOD :3422 FC/OP MEDIUM CHERRY
57.00%
13 2 I TS73624WS STEELCAS 227 . 90 455.80
Skin-Wood, 36hx24w 530.00
TRIM :7238 FIELDSTONE
WOOD :3422 FC/OP MEDIUM CHERRY
57.00%
14 2 I TS73630WS STEELCAS 240.37 480.74
Skin-Wood, 36hx30w 559.00
TRIM :7238 FIELDSTONE
WOOD :3422 FC/OP MEDIUM CHERRY
57.00%
15 2 I TS73636wS STEELCAS 252 . 84 505.68
Skin-Wood, 36hx36w 588.00
TRIM :7238 FIELDSTONE
WOOD :3422 FC/OP MEDIUM CHERRY
57.00%
16 1 I TS712CHSW STEELCAS 107 . 50 107.50
Trim-Change of Height, Slim Profile, 250.00
12h, Wood
TOP-CAP :3422 FC/OP MEDIUM CHERRY
OPTIONS
WD JUNCT
WD INLIN
TRIM
WOOD
UPRIGHT
WOOD
3122
• • OPTIONS • •
'OPT:WOOD JUNCTION CAP OPT
CAP -COH INLINE APPLICA
'OPT:TRIM PACKAGE
WOOD TRIM PKG
UPRIGliT
'UPRIGHT:WOOD
QC/OP MEDIUM CHERR
57.00%
17 1 I TS724CHSW STEELCAS 110.94 11 0.94
Trim-Change of Height, Slim Profile, 258.00
24h, Wood
TOP-CAP :3422 ,ClOP MEDIUM CHERRY
OPTIONS
WD JUNCT
WOOD CAP
TRIM
WOOD
UPRIGHT
WOOD
3122'
•• OPTIONS ••
'OPT:WOOD JUNCTION CAP OPT
CAP -COH CORNER APPLICA
'OPT : TRIM PACKAGE
WOOD TRIM PKG
UPRIGHT
'UPRIGHT:WOOD
QC/OP MEDIUM CHERR
57.00%
ACCEPTED BY TITLE "~VUIDITom t i {t} "
Business Furniture LLC · 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.n4.SS44 Page 4 of 10 hltp:llvvww.businessfurnilureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line
18
Quantity
2
Catatog No. 1 Description
TS742IPJ STEELCAS
Unit
Price
27.95
Extended
Amount
55.90
Junction-In1ine, Oval, 42h 65.00
57.00%
19 I I TS742EPJW STEELCAS 136.74 136.74
Junction-End of Run, 42h, Wood 318.00
TOP-CAP :3422 FC/OP MEDIUM CHERRY
UPRIGHT :7238 FIELDSTONE
OPTIONS * * OPTIONS • *
TRIM *OPT:TRIM PACKAGE
WOOD WOOD TRIM PKG
WOOD WOOD
WOOD *WOOD:WOOD
3122 QC/OP MEDIUM CHERR
57.00%
20 I I TS742LPJW STEELCAS 162.97 162.97
Junction-L, 42h, Wood 379.00
TOP-CAP :3422 FC/OP MEDIUM CHERRY
UPRIGHT :7238 FIELDSTONE
OPTIONS * * OPTIONS * *
TRIM *OPT:TRIM PACKAGE
WOOD WOOD TRIM PKG
WOOD WOOD
WOOD 'WOOD:WOOD
3122 QC/OP MEDIUM CHERR
57.00%
21 I TS754WPJ STEELCAS 70.09 70.09
Junction-Wall Start, 54h 163.00
57.00%
22 2 I TS766IPJ STEELCAS 27.95 55.90
Junction-In1ine, Oval, 66h 65.00
57.00%
23 TS766EPJW STEELCAS 157.81 157.81
Junction-End of Run, 66h, Wood 367.00
TOP-CAP :3422 FC/OP MEDIUM CHERRY
UPRIGHT :7238 FIELDSTONE
OPTIONS * * OPTIONS * *
TRIM *OPT:TRIM PACKAGE
WOOD WOOD TRIM PKG
WOOD WOOD
WOOD *WOOD:WOOD
3122 QC/OP MEDIUM CHERR
57.00%
24 2 TS766LPJW STEELCAS 184.04 368.08
Junction-L, 66h, Wood 428.00
TOP-CAP :3422 FC/OP MEDIUM CHERRY
UPRIGHT :7238 FIELDSTONE
OPTIONS
TRIM
WOOD
WOOD
* * OPTIONS • *
*OPT:TRIM PACKAGE
WOOD TRIM PKG
WOOD
57.00%
ACCEPTED BY TITLE ., _0.._ ... _",AT, ft~l n "
Business Furniture LLC (,) 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 5 of 10 http:ltwww.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No. I Description
Unit
Price
Extended
Amount
WOOD
3122
'WOOD:WOOD
QC/OP MEDIUM CHERR
25 1 I TS766TPJW STEELCAS 184.04 184.04
Junction-T, 66h, Wood 428.00
TOP-CAP :3422 FC/OP MEDIUM CHERRY
UPRIGHT :7238 FIELDSTONE
OPTIONS
TRIM
WOOD
WOOD
WOOD
3122
• * OPTIONS • *
*OPT:TRIM PACKAGE
WOOD TRIM PKG
WOOD
*WOOD:WOOD
QC/OP MEDIUM CHERR
57.00%
26 2 I TS7BSWHC STEELCAS 41.71 83.42
Wall Hanging Channel, 66h 97.00
BASIC :7238 FIELDSTONE 57.00%
27 1 I TS76BPX STEELCAS 96.32 96.32
Power In Feed-3+1, 6 Feet 224.00
PLASTIC :6000 BLACK 57.00%
28 1 I TS7PK24X STEELCAS 76.54 76.54
Power Kit-3+1, 24w 17 8.00
57.00%
29 I TS7PK30X STEELCAS 76.54 76.54
Power Kit-3+1, 30w 17 8.00
57.00%
30 2 I TS7PK36X STEELCAS 76.54 153.08
Power Kit-3+1, 36w 178.00
57.00%
31 2 I RBB24WTAK STEELCAS 371.95 743.90
Bin-In the Case, Wood Door, 865.00
Tech/Answer/KicK, 24w
BASIC :7238 FIELDSTONE
FRONT :3422 FC/OP MEDIUM CHERRY
LOCK :9201 POLISHED CHROME
KEYS : SK PLUG
OPTIONS
DOOR OPT
NO ASST
LOCK OPT
LOCK
BRACKETS
NOOPTBKT
OPT ACC
DIVIDER
•• OPTIONS ••
'OPT:DOOR OPTIONS
STD:NO ASSIST
'OPT:LOCK OPTIONS
STD:LOCK
'OPT:OPTIONAL BRACKETS
STD:NO OPTIONAL BRACKETS
'OPT:OPTIONAL ACCESSORIES
DIVIDER
57.00%
32 1 I RBB3.0WTAK STEELCAS 380.55 380.55
Ammo "V nm "EXHIBIT"' It qlll "
Business Furniture LLC 9 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 6 of 10
http://www.businessfurnilureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
16272 5 9/23/2008 ENTRY CfIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No.1 Description
Unit
Price
Extended
Amount
Bin-In the Case, Wood Door, 885.00
Tech/Answer/Kick, 30w
BASIC :7238 rIELDSTONE
rRONT :3422 rC/OP MEDIUM CHERRY
LOCK :9201 POLISHED CHROME
KEYS : SK PLUG
OPTIONS
DOOR OPT
NO ASST
LOCK OPT
LOCK
BRACKETS
NOOPTBKT
OPT ACC
DIVIDER
• • OPTIONS • •
'OPT:DOOR OPTIONS
STD:NO ASSIST
'OPT:LOCK OPTIONS
STD : LOCK
'OPT:OPTIONAL BRACKETS
STD:NO OPTIONAL BRACKETS
'OPT:OPTIONAL ACCESSORIES
DIVIDER
57.00%
33 1 I RCC24365EP STEELCAS 970.94 970.94
Cabinet-Combination, 2h Door, 3 Drawers, 2,258.00
1 Adjustable Shelf, Proud Steel,
24x36x65-1/2
BASIC :7238 rIELDSTONE
LOCK :9201 POLISHED CHROME
PULL :9211 NICKEL
KEYS : SK PLUG
OPTIONS •• OPTIONS
TOP OPT 'OPT : TOP OPTIONS
STL TOP STD : 1" STEEL TOP
DOOR OPT 'OPT:DooR OPTION
STL DOOR STD:STEEL DOOR
PULLS PULL OPTIONS
CONTPULL STD:CONTEMPORARY PUL
WGHT PKG 'OPT:COUNTERWEIGHT PKG
WEIGHT COUNTERWEIGHT PKG
57.00%
34 2 I RLrl8302P STEELCAS 286.81 573 . 62
Lateral rile-2 Drawer, 667.00
Proud Steel rront, 18x30x28
BASIC :7238 rIELDSTONE
LOCK :9201 POLISHED CHROME
PULL :9211 NICKEL
KEYS : SK PLUG
OPTIONS
TOP OPT
NO TOP
LOCK OPT
CENTRAL
PULLS
CONTPULL
DWR ACC
Hr
WGHT PKG
NO WGHT
• • OPTIONS
'OPT:TOP OPTIONS
NO TOP
'OPT:DRAWER LOCK OPTIONS
STD:CENTRAL LOCKING DWR
'OPT:PULL OPTIONS
STD:CONTEMPORARY PULL
·OPT:rILE DWR ACCESSORIES
STD:DRAWERS WITH Hr'S
'OPT:COUNTERWEIGHT PKG
NO COUNTERWT PKG
57.00%
35 2 I RPr2427AP STEELCAS 252.41 504.82
Aee,mO", ;on> "EXHIBIT' Irw{n ,.
Business Furniture LLC . 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 7 of 10
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Unit Extended
Line Quantity Catalog No.1 Description Price Amount
Pedestal-Fixed, 2 Box/l File Drawer, 587.00
Proud Steel Fr, 23-1/2x15x27 57.00%
BASIC :7238 FIELDSTONE
LOCK :9201 POLISHED CHROME
PULL :9211 NICKEL
KEYS :SK PLUG
OPTIONS •• OPTIONS
DWR OPT ·OPT:DRAWER FEATURE OPTION
FULL DWR STD:FULL DRAWER
DWR ACC 'OPT:FILE DWR ACCESSORIES
RAIL DRAWERS WITH RAILS
PULLS 'OPT:PULL OPTIONS
CONTPULL STD : CONTEMPORARY PULL
LOCK OPT ·OPT:LOCK OPTIONS
SINGLELK STD:SINGLE LOCK
36 1 I RPF2427BP STEELCAS 246.82 246.82
Pedestal-Fixed, 2 File Drawers, 574.00
Proud Steel Front, 23-1/2x15x27 57.00%
BASIC :7238 FIELDSTONE
LOCK :9201 POLISHED CHROME
PULL :9211 NICKEL
KEYS : SK PLUG
OPTIONS •• OPTIONS
DWR ACC 'OPT:FILE DWR ACCESSORIES
RAIL DRAWERS WITH RAILS
PULLS ·OPT:PULL OPTIONS
CONTPULL STD:CONTEMPORARY PULL
LOCK OPT 'OPT:LOCK OPTIONS
SINGLELK STD:SINGLE LOCK
37 1 I RFF24245RWP STEELCAS 1,052.64 1,052.64
Tower-Full Fr, 2 Adjustable/1 Fixed 2,448.00
Shelf, 2 Drawer, Proud Steel, 57.00%
Right Hand, 24x24x65-1/2
BASIC :7238 FIELDSTONE
LOCK :9201 POLISHED CHROME
PULL : 9211 NICKEL
KEYS :SK PLUG
OPTIONS • • OPTIONS
TOP OPT 'OPT:TOP OPTIONS
STL TOP STD:l" STEEL TOP
PULLS 'OPT:PULL OPTIONS
CONTPULL STD:CONTEMPORARY PULL
38 11 I LOCK9201FR STEELCAS N/C N/C
Lock Cylinder-FR Series, Polished Chrome 0.00
LOCK :9201 POLISHED CHROME 0 . 00%
KEYS : SK SPEC
5-FR375
6-FR376
39 1 I TS71824TB STEELCAS 47.73 47 . 73
ACCEPTED BY TITLE .. OAT< 11: tl, ..., I • .. ---((1
"
Business Furniture LLC · 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 8 of 10 http://WoN.W.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Unit Extended
Line Quantity Catalog No. I Description Price Amount
Tackboard-18><24 111.00
SURFACE :G226 CANTATA 57.00%
40 I TS71830TB STEELCAS 52.89 52.89
Tackboard-18><30 123.00
SURFACE :G226 CANTATA 57.00%
41 2 I 4821410 STEELCAS 455.00 910.00
Chair-Arnia, Arms, Upholstered 921. 00
PLASTIC :6205 BLACK 50.60%
UPHLSTRY:B407 TWINFLOWER
OPTIONS *. OPTIONS • •
CASTERS 'OPT:CASTERS
HARD CST STD:HARD CASTERS
ARMS 'OPT:ARM OPTIONS
H/W/P/D STD:H/W/P/D ARMS
SEAT HGT *OPT:BASE ASSY HEIGHT RANG
5" RANGE STD:5" PNEU SEAT HEIGHT
BASE OPTS 'OPT:BASE OPTION
PLASTIC STD:PAINTED BASE
OPT ACC 'OPT:OPTIONAL ACCESSORIES
SOIL RET SOIL RETARDANT TREATMENT
42 2 I UCC223636 STEELCAS 160.39 320.78
Worksurface-Corner, Curved, 24><24><36><36 373.00
EDGE : 6678 MARBLED CHERRY 57.00%
TOP-SURF:2422 MEDIUM CHERRY
OPTIONS * * OPTIONS * *
WKSF OPT 'OPT:WORKSURFACE OPTION
SCALLOP STD:SCALLOPS
43 I 2 I US2424 STEELCAS 68.80 I 137 . 60
Worksurface-Straight, 24><24 160.00
EDGE :6678 MARBLED CHERRY 57.00%
TOP-SURF:2422 MEDIUM CHERRY
OPTIONS * * OPTIONS * *
WKSF OPT *OPT:WORKSURFACE OPTION
SCALLOP STD:SCALLOPS
44 I 2 I US2460 STEELCAS 113.091 226.18
Worksurface-Straight, 24><60 263.00
EDGE :6678 MARBLED CHERRY 57.00%
TOP-SURF:2422 MEDIUM CHERRY
OPTIONS * * OPTIONS * *
WKSF OPT 'OPT:WORKSURFACE OPTION
SCALLOP STD:SCALLOPS
45 I US2466 .STEELCAS 127.28 127 . 28
Worksurface-Straight, 24><66 296.00
EDGE :6678 MARBLED CHERRY 57.00%
TOP-SURF:2422 MEDIUM CHERRY
OPTIONS * • OPTIONS * *
WKSF. OPT 'OPT:WORKSURFACE OPTION
SCALLOP STD:SCALLOPS
Acc,mooy ,m, "EXHIBIT~ ,
Business Furniture LLC9 6102 Victory Way Quotation
Indianapolis, IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 9 of 10 http://wwvv.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 912312008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No, I Description
Unit
Price
Extended
Amount
46 1 I UTR1636SASW STEELCAS 335.83 335.83
Worksurface-Transaction, Straight, Wood, 781. 00
Answer Square, 16x36
BASIC :3422 FC/OP MEDIUM CHERRY
OPTIONS
TC OPT
WOOD CAP
WOOD
WOOD
3422
• • OPTIONS • •
'OPT:TOP CAP OPTIONS
WD Top Cap
WOOD
'WOOD:WOOD
FC/OP MEDIUM CHERR
57.00%
47 2 I UCANT STEELCAS 39.13 78.26
Cantilever-on Module, 16x13 91. 00
BASIC :7238 FIELDSTONE 57.00%
48 3 I TSATH2711 STEELCAS 70 . 56 211 . 68
Leg-H, 11 "Wx27"H 170 . 00
BASIC : 7238 FIELDSTONE 58.49%
49 1 I TSATP27 STEELCAS 53.76 53.76
Leg-post, Full Height, 27"H, No Casters 130.00
BASIC : 7238 FIELDSTONE 58.65%
50 I USSBR STEELCAS 13.76 13 . 76
Bracket-Side Support 32.00
57.00%
51 1 I TS730HF STEELCAS 11 2. 66 112 . 66
Frame-Horizontal Package, 30101 262.00
BASIC : 7238 FIELDSTONE
OPTIONS
TC OPT
WD COHI
WOOD
WOOD
3122
CABLEOPT
NO TRAY
TRAY OPT
NO TRAY
• • OPTIONS • •
'OPT : TOP CAP OPTIONS
WOOD COH TOPCAP 1 END
WOOD
'WOOD:WOOD
QC/OP MEDIUM CHERR
'OPT:CABLE TRAY OPTION
NO CABLE TRAY
'OPT:BASE TRAY OPTION
NO BASE TRAY
57.00%
52 2 I TS71SSX STEELCAS 15.48 30.96
Receptacle-System Ground, Line 1, 3+1 36.00
PLASTIC : 6000 BLAC K 57.00%
53 2 TS72SSX STEELCAS 15.48 30 . 96
Receptacle-System Ground, Line 2, 3+1 36.00
PLASTIC : 6000 BLACK 57.00%
54 1 I INSTALLATION BFCINSTA 700 . 00 700 . 00
Aee,meoy "m "EXHIBIT" It [jIll
· Business Furniture LLC 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 10 of 10
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162725 9/23/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity Catalog No. I Description
Unit
Price
Extended
Amount
LABOR TO DELIVER, INSTALL WORKSTATIONS
AND FURNITURE IN RECEPTION AREA AND
REMOVE TRASH DURING NORMAL BUSINESS
HOURS
0.00
0.00%
Sub Total
STEELCAS CO~ODITY SURCHARGE
STEELCAS Stee1case Co od~ty Surcharge
INDIANA ALES TAX EXEMPT
Grand Total
*******End of Quotation*·····*
13,961.02
382 . 35
382.49
0.00
14,725.86
Aco.mo ov wee"EXH IBITTe dl '{[a'
' ..
Business Furniture LLC -0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 1 of 3 http:/twww.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
162730
Quote Customer Account
Date Customer Order Number Number Representative
8/2012008 ENTRY CFIRE JOLYNNE WILHOIT
Project
Number
4836 I
aUOTETO: JEAN JUNKER
CARMEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
SHIP TO: JEAN JUNKER
CARMEL FIRE DEPARTMENT
2 CIVIC SQUARE
Carmel, IN 46032
P: 1.317.517.2616 P: 1.317.517 .2 616
Terms: NET 30 DAYS
Line Quantity Catalog No.1 Description
Unit
Price
Extended
Amount
SUBJECT TO BUSINESS FURNITURE TERMS AND CONDITIONS.
QUOTE INCLUDES DELIVERY, INSTALLATION AND REMOVAL
OF PACKAGING DURING NORMAL BUSINESS HOURS AND IS
SUBJECT TO CHANGE DUE TO QUICKLY CHANGING FUEL
COSTS.
IF YOU HAVE ANY QUESTIONS, CONTACT JOLYNNE WILHOIT
AT 317-216-1653.
QUOTE INCLUDES WORKTOOLS FOR RECEPTION STATIONS;
FURNITURE AND ACCESSORIES FOR RECEPTION AREA
I WDPDNL
PELICAN
BASIC
DETAIL
DRAWER / NON-LOCKING
:835 BLACK
153.51
301.00
49.00%
153.51
2
3
5
12
2
I WS36
SLATWALL -36"
BASIC :5052 PEWTER
I WPFS
PAPER FLO MANAGER
BASIC :9212 FROST
BRACKET :5052 PEWTER
I LT2
DETAIL
DETAIL
DETAIL
UNDERLINE T2 TASK LIGHT -22"
BASIC :5052 PEWTER
63 . 24
124.00
49.00%
38.76
76.00
49.00%
123.42
242 . 00
49.00%
316.20
465.12
246 . 84
5 2 I 385 BRAYTON I
THOUGHTFUL LOUNGE-COMFORT
WRINKLES NORMAL IN SEAT
UPHOLSTE : GR10 GRADE 10 TEXTILE SELECTIO
1,053.52
2,026.00
48.00%
2,107 . 04
Ammo BY nm"EXHIBiT fr ~ilL
· Business Furniture LLC 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 2 of 3
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote ·
Number
Quote
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162730 I 8/20/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
Line Quantity
LEG
Catalog No. I Description
THE DESIGNTEX GROUP
Purchaser: VENDOR
Pattern: BOTTLE BANK -2869
Color: THORNAPPLE -301
Appl Direction:
Pricing Info: 38
SPEC:3422 3422 MEDIUM CHERRY
Unit
Price
Extended
Amount
6
7
1 144-T242417 BRAYTON I
PASSERELLE TABLE,
WOOD TOP 240 X 24W X 17H
FINISH :3422 3422 MEDIUM CHERRY
I SILK BUSH BUSINESS
3' SILK BUSH/PLANTER
394.68
759.00
48.00%
252.50
0.00
0.00%
394.68
252.50
8
9
2
2
I PENDANT LIGHT
PENDANT LIGHT
IARTWORK
FRAMED PRINTS
BUSINESS
FIXTURES
BUSINESS
587.50
0.00
0.00%
525.00
0.00
0.00%
1,175.00
1,050.00
10 2 FUSION DESIGNTE
FUSION ARCHITECTURAL PANELS
SPECIAL SIZE: EACH PANEL 38" WIDE
LONG
X 7'
1,297.80
0.00
0.00%
2,595.60
PRICING INCLUDES CUTTING CHARGE
FINISH: SAGE AP247 SANDSTONE
11 1 I FUSION SHIPPING DESIGNTE
ONE PALLET PACKAGING AND SHIPPING
CHARGES FOR FUSION PRODUCT
500.00
0.00
0.00%
500.00
12 2 CUTTING CHARGE
CUTTING CHARGE TO
LONG X 38" WIDE
CUT
DESIGNTE
BOTH PIECES TO 7'
76 . 80
0.00
0.00%
153.60
13 1 FUSION INSTALL MIDWESTW
LABOR AND PARTS TO INSTALL FUSION
BEHIND RECEPTION STATION
PANELS
1,500.00
0.00
0.00%
1,500.00
DETAIL
DETAIL
BRAYTON I
Steelcase
Sub Total
CO:!ODITY SURCHARGE
CO ODITY SURCHARGE
Co odity Surcharge
10,910.09
28.97
60.14
28.97
ACCEmoov TIM "EXHIBIT 1((p (IJ;.
.. ,..
Business Furniture LLC , 0, 6102 Victory Way Quotation
Indianapolis. IN 46278Business ~Furniture 317.216.1600
800.774.5544 Page 3 of 3
http://www.businessfurnitureindy.com FAX 317.216.1601
Quote
Number
Quote .
Date Customer Order Number
Customer
Number
Account
Representative
Project
Number
162730 8/20/2008 ENTRY CFIRE JOLYNNE WILHOIT 4836
LIne Quantity Catalog No.1 Description
Unit
Price
Extended
Amount
-
BRAYTONI Stee1case Comr
INDIANA
*******End of Quotation*****~·
--
odity Surcharge
ALES TAX EXEMPT
Grand Total
60. 15
0 .00
11,088 . 32
--
ACCEmOBV mCE "EXHIBlrM,r
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600 APPROVED, AS TO Contract Not To Exceed $1,316.00 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
Overhead Door 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 43-501.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than One Thousand Three Hundred Sixteen Dollars ($1,316.00) (the "Estimate").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so
long as and to the extent such Goods and Services are not disputed, are in accordance with the
specifications set forth in Exhibit A. are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Fire
Department Bid Proposal Package for "34 PM Bay Doors and Installation" received by the City of Carmel
Board of Public Works and Safety on or about October 1, 2008, all of which documents are incorporated
herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike
manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly
warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by
Vendor based upon City's stated use and are fit and sufficient for their particular purpose.
(Z:\E 8a.u\My l::kAumCIII.~\ProrCS$loo.J.I S~ccx\fOR.\tS'Good." &: SavK:es. Rc:v 8-06-CJ7.4rx:1lV&'100l111:20 AM}
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600
Contract Not To Exceed $1 ,316.00
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 apart 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 Ba.u\My Docwnm ts\PrufC'SlooaJ SlrVi",,\FORMS'Good,... &. Sa-viu:s . Rev 8-06-07.doc-:1(}'&'201J!S II :20 AM] 2
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600
Contract Not To Exceed $1,316.00
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 aloan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event alawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
(~\f 8ass\My Do.....",t.<\Pro[""'ooaI S"-';""IfORMSIGoods '" Sonic... R<v S·06.qhlur.llY'fllJOlj 11020 AM] 3
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600
Contract Not To Exceed $1,316.00
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: Overhead Door Co.
8811 Bash Road
Indianapolis, Indiana 46256
Telephone: 317-842-7444
E-Mail: _____________
ATTENTION: ___________
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination , except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
(~IE &"IMy Doaoma>"lProfcssiou' S<rvica\FORMSIGoods '" Savi"" . Rrv 8-06-U7 .d,dnvzOO8 I uo AJ-ij 4
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600
Contract Not To Exceed $1,316.00
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 8a.u\My ()o(wo\Dl~\PrOrl.SSiOl]aJ S!o.1"\liasI.FORM5 Good, &: ScrvM..a . ~"'V 8.()6...U7.doc: 11.V81lU08 It:20 AMJ 5
OVERHEAD DOOR CO.
Fire Department -2008
Appropriation #43-501.00; P.O. #12600
Contract Not To Exceed $1,316.00
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 Agreernent as follows:
CITY OF CARMEL, INDIANA OVERHEAD DOOR CO.
by and through its Board of Public
Works and Safety
By: :~~X2~
James Brainard, Presiding Officer Authorized Signature
Date: __________
X ~ru A. ~uv0
Printed Name
Mary Ann Burke, Member
Date: __________ ,( &""'M.I.::~IA-t-)A-L0 ~'L kc.f
Title
Lori S. Watson, Member FIDfTlN: x:. 25 -\ \ "?bOD.6
Date: __________
SSN if Sole Proprietor: x~______
ATTEST:
Date:)L \0-\ 1-DB:,
Diana Cordray, IAMC, Clerk-Treasurer
Date: ____________
IZ:\E Ba:d\My DoclUlu:nt:o\P1'orCiSlouAl ScrviCCi\fORMS~ &: Scrvic:c&· Rrv 8..()6..00.doc:l~00IIl:20 AM) 6
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telepltone 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
I
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
·.~,
Price list for labor. Overhead Door Company of Indianapolis Ph. 317-842-7444
8811 Bash St. Fax 317-842-6352 ;;
IndianapoJis,IN
Effective Date: ~/18/2008] Customer Name: [Carmel Fire Department Customer#: ICAR50 --
Part Number Straight Time ~
TRIP CHARGE COMMERCIAL TCC $30.00
2 MAN TRIP CHARGE COMMERCIAL 2TCC $30.00
TRIP CHARGE COMMERCIAL EXTENDED RANGE TCCE N/A
1 MAN COMMERCIAL HOURLY RATE 1MC $49.00
2 MAN COMMERCIAL HOURL Y RATE 2MC $98.00
1 MAN COMMERCIAL HELPER RATE 1MCH N/A
INCIDENTAL MATERIAL (I.M.) 1M $9.20
EQUIPMENT CHARGE EC N/A
~-
CO-
:c
X
LL
~
* PREVENTIVE MAINTENANCE ( PER DOOR) $19.00
Part Number Overtime
TRIP CHARGE COMMERCIAL O.T. TCCOT $45.00
2 MAN TRIP CHARGE COMMERCIAL O.T. 2TCCOT $45.00
TRIP CHARGE COMMERCIAL EXTENDED RANGE O.T. TCCEOT N/A
1 MAN COMMERCIAL O.T. RATE 1MCOT $73.00
2 MAN COMMERCIAL O.T. RATE 2MCOT $146.00 I
1 MAN COMMERCIAL HELPER O.T. RATE 1MCHOT N/A !
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INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 0031201550020City of Carmel I I
FEDERAL EXCISE TAX EXEMPT
35·60000972I 1
ONE CIVIC SQUARE
CARMEL, INDIANA 46032·2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL· 1997
PAGE "'b~ "
PURCHASE ORDER NUMBER
12Sl10
THIS NUMBER MUST APPEAR ON INVOICES. AIF
VOUCHER. DELIVERY MEMO. PACKING SLIPS
SHIPPING LABELS AND ANY CORRESPONDENCE
JRCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
912312008
.. Overhead Door '-~. Cannel Fire Department
SHIP 'ENDOR 2 Civic SquareTO
8811 Bash Street Cannel, IN .46:032
..._._._por......... .
\lFIRMAT10N BLANKET CONTRACT
" ~-
PAYMENT TERMS
.~ !"""l ""1_/h/,
FREIGHT
::::, ~>.. ~.
QUANTITY I~OF ME\.SUR~ DESCRIPTION 1 UNIT PRICE I EXTENSION
Account 43-601.00
e Each Trip Charge
$30.00 $180.00
34 Each PM Bay Doors $19.00 $546.00
10 Each HO'JrlyRate $49.00 $490.01]
.,' Sub Total: $1,316.00
/:' .)
L.' ' \ r /'
i.' ", \_1
_I, ,
3end Invoice To:
Cannel Fire Department
2 Civic Squart!
Cannel, IN A6032PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT Carmel Fire Department NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS r$zI r.t16.00
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE Af.io .
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE INSHIPPING INSTRUCTIONS THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
ORDERED B~""'>';""' ... .~~..s• PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
TITLE ~~......... ~~
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
CLERK·TREASURER
VENDOR COpy)OCUMENT CONTROL N0'12 6 0 0
)
TOWERS FIRE APPARTUS CO., INC.
Fire Department -2008 APPROVED, AS TOAppropriation #43-~00; P.O. #12596 FORM BY:___Contract Not To Exceed $3,440.00
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
Towers Fire Apparatus Co., 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 43-501.00 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 Three Thousand Four Hundred Forty Dollars ($3,440.00) (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 "Fire Equipment and Service" received by the City of Carmel Board of
Public Works and Safety on or about October 1, 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 Servjces 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.
IZ:'E &.u\My DocumaIb:\Prort.. .....'Uonai S!JVlcc;:\fORMS\GoOOs" Scrvic.o;· Rt'V 8-06-0'.doc:IM'1003 10:49 AM)
TOWERS FIRE APPARTUS CO., INC.
Fire Department -2008
Appropriation #43-501.00; P.O. # 12596
Contract Not To Exceed $3,440.00
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. Tirne 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 c~lernicals, materials, substances and items used in or during the provision of the Goods and Services
provided ~Iereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services .
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity .
9. INSURANCE AND INDEMNIFICATION :
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
(Z;\E Bas:s\My Documa:JlSl.Prores~u)Oal SU"o'Kcs\FOR.\iS\Good,s &: SlSVtca· R("Y 8..Q6...01.doc:10t8I2008 1U:4Y AMl 2
TOWERS FIRE APPARTUS CO., INC.
Fire Department -2008
Appropriation #43-501.00; P.O. #12596
Contract Not To Exceed $3,440.00
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 cornply 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 frorn any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the terrnination 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 Ba.:..s\My Documml,\Pro(C$..,ioo~ Sc:r-1,o\fORMS'G:nh;.t: Savias· Rev S.()6..07.00c:llV8I2008 IO:49 AM) 3
TOWERS FIRE APP ARTUS CO., INC.
Fire Department -2008
Appropriation #43-501.00; P.O. #12596
Contract Not To Exceed $3,440.00
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,lndiana 46032
If to Vendor: Towers Fire Apparatus
502 South Richland, Freeburg, Illinois, 62243
Telephone: BOO:851-192B
E-Mail: 'Tvwer5{"c:t @h+v/ech."ed-
ATTENTION: k'£vt·rJ /,Jlbt5
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.
1B. TERMINATION:
1B.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to agreater amount.
IZ:\E 8,a,c:c\My Dl.lulmalLs\PtDft:5S&ouI Suv!.«=s\FOR.MS\GoodJ &:. SavicC\· Rn-X.06-07.<b.:IClt1I2008 10:49 AM} 4
TOWERS FIRE APPARTUS CO., INC.
Fire Department -2008
Appropriation #43-501.00; P.O. #12596
Contract Not To Exceed $3,440.00
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 8a:a\My DoaunGlu\Proft:Woa.al SC2V1ccs\fORMS\Good.s & Scniccs • Rr\' 3...Q6..(J1 .doc:11.W&'2U08 10;49 AM) 5
TOWERS FIRE APPARTUS CO., INC.
Fire Department -2008
Appropriation #43-501.00; P.O. #12596
Contract Not To Exceed $3,440.00
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 govem and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA TOWERS FIRE APPARATUS CO., INC
by and through its Board of Public
Works and Safety
By: BY:~
·JD~"I
James Brainard, Presiding Officer Author(zed Signature
Date: __________
>< gf1.tHJ ''7"Ow ert-lJ
Printed Name
Mary Ann Burke, Member
Date: __________ )l.. /'.-l t3UJ evvr
Title
Lori S. Watson, Member FIDITIN:>: 3? ~O~Y1t9{'
Date: __________
SSN if Sole Proprietor: 'it II/A-.--!.---
ATTEST:
Date: 'f-L-__________
Diana Cordray, IAMC, Clerk-Treasurer
Date: _____________
[Z:1i: B"..,I.ty Docum ... "lPrur.,..jooai s.rv;""IfORMSlGoods '" Scoiccs · R<Y 8.Jl6-07.00cJOI&'2008 10:.9 AM] 6
QUOTATION
\V TOWERS FIRE APPARirus CO., INC.
Manufacturers afFIRE TRUCKS
502 South Richland Street 1Freeburg. IL 62243-15971 Phone: (800) 851-1928 1e-mail: \O\\crsfarifapl:i.ncl
Carmel Fire Department
Date October 1 , 2008
Carmel, Indiana
Reference
Gentlemen,
We are pleased to quote you on the following equipment and hope to be favored with your order. All agreements subject to cancellation on
account of fires, strikes, accidents, and other causes beyond our control. Quotations hold good for 1. weeks, after which time they are subject to
revision or withdrawal.
QUANTITY DESCRIPTION
Service on Pumps-$215 per truck
Pump Test on Pumps-$175 per truck
Travel -$80 per trip with estimated 4 trips.
These prices are good for one year. We would be willing to quote any service next year.
Plus All Applicable Taxes
SHIPMENT:
Yours very truly,
TERMS: Net Cash 30 Days
TOWERS FIRE APPARATUS CO" INC.
F.O.B. Freeburg, Illinois
Fire -Pumps, Extinguishers, Hose, Brass, Fittings, Pumper Repair, all makes
"EXHtBIT dl { ( "
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBITC
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
PAGEINDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER City of Carniel I I
FEDERAL EXCISE TAX EXEMPT I 35-60000972 1?~q.::I THIS NUMBER MUST APPEAR ON INVQICES, AlP ONE CIVIC SQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032·2584 SHIPPING LABELS AND ANY CORRESPONDENCE
=ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL· 1997
RCHASE ORDER DATE DATE REQUIRED REQUISITION NO, VENDOR NO, DESCRIPTION
9J22J2008 ~'-..:>.....~-"..,~ ~~-.6... ~ ~~
TOV'lf'er; Fire Apparatus Carmel Fire Department
SHIP ENDOR TO 2 Civic SqU3n:!
502 South Richland Carmel, IN 46032
Fn:!eb---..", IL 62243
JFIAMATION BLANKET CONTRACT
QUANTITY 1UNIT OF MEASURE
PAYMENT TERMS
DESCRIPTION
-..... n,"'/
FREIGHT
I UNIT PRICE I EXTENSION
Account 43~10.00
4 Each Trip Charge
$80,00 $320.00
8 Each Pump Test & PM $390,00 $3,120,00 --_.. ----...
;--'
~ Sub Total: $3,440,00
,
I,
end Invoice To:
.,,' I· , \~~' or
(C
,r \ ' ~~ .,. .' ' • , • •
J' ". 'l)'.,'l~' \ (,J':..... .
/' .. . " i .', :' "-:,.
i ":'1' :' '" " • I.!.J
.... j .* : ,..,l'-~..' ';.J
" -,
Carmel Fire Department
2 Civic Square
Carmel, IN .i6032PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
Carmel Fire Department
SHIPPING INSTRUCTIONS
, SHIP REPAID,
. C.O.D, SHIPMENTS CANNOT BE ACCEPTED.
, PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS,
, THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
10CUMENT CONTROL N0·12.5 9 6
PAYMENT
AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS 1$S~.oo
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
TH IS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
ORDEREDBY~:::::"~""'),. ..._~
TITLE ~c:::..... '-~"'?~
CLERK· TREASURER
VENDOR COpy
OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
APPROVEDiGP TO
FORM BY: .
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and
entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and ONMI Centre For Public Media (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services ("Services") referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
(Z;\E 8us\My Oocwnml..\Profcss:iooaJ Sc:rvica\FORMS\ProfcssionaJ Sc:rviCC!l FORM Rev 2007.doc: 10l20I2008 1: I~ PM'] 1
OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501; P.o.. #18431
Contract Not To Exceed $18,500.00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such infonnation as is reasonably necessary for Professional to understand the
Services requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all
data so provided is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perfonn the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 435-1501
funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City'S behalf on all
matters regarding the Services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perfonn the Services pursuant to the tenns of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its perfonnance of the Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and
lawful standards as accepted in the industry.
SECTION 5. COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Eighteen Thousand Five Hundred Dollars ($18,500.00) (the "Estimate").
Professional shall submit an invoice to City no more than once every thirty (30) days for Services
provided City during the time period encompassed by such invoice. Invoices shall be submitted on
a fonn containing the same infonnation as that contained on the Professional Services Invoice
attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for
all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of
City's receipt of same, or be subject to a late charge of one percent (1 %) of such unpaid and
undisputed invoice amount for each month same remains unpaid.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City'S prior written consent.
SECTION 6. TERM
Unless otherwise tenninated in accordance with the tennination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2008, and shall, on the first day of each January thereafter, automatically renew for a period of one
(Z:\E 8ass\1l.iy DOCWDaIt.~fc:s$lOll.aI Soviccs\FORMS\ProrCS!lOuai Sa'Vicc:s fORM Rev 2007.doc:10I2W2008 I: I S PM] 2
OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
(1) calendar year, unless otherwise agreed by the parties hereto.
(Z:\E Bw\My DorummL~\PrOrc:ss.iooal Suviccs\FORMS\Profcsslocai Sovic(S FORM Rev 2007.ooc: I 012012008 I: 13 PM] 3
OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-150 I; P.O. #18431
Contract Not To Exceed $18,500.00
SECTION 7. MISCELLANEOUS
7.1 Tennination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
tenninated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
tenninated by City, for cause, immediately upon Professional's receipt of City's "Notice
To Cease Services."
7.1 .3 In the event of full or partial Agreement tennination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of tennination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and/or obligations as they become due. Professional hereby warrants
and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by
City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the tennination of this Agreement.
{Z:\E B~\My Documam\Proftss::iooaJ Scrviccs\FORMS\Profcmoa a) StrVicrs FORM Rev 2oo7.doc:IOJ'2(V2O()8 I: I S PM) 4
OMNI Centre For Public Media
Conununity Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because of any injury to or destruction of property, including, but not limited to,
any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (l0) days after the date of filing,
City shall have the right to payor bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations appJicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the termination
of this Agreement.
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OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501 ; P.O. #18431
Contract Not To Exceed $18,500.00
7.9 Indemnification.
Professional shall indemnify and hold hannless City and its officers, officials, employees and
agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and/or any of its employees, agents or contractors in the perfonnance of
this Agreement. This indemnification obligation shall survive the tennination ofthis Agreement.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and/or other person in the subcontracting of work and/or in the
perfonnance of any Services contemplated by this Agreement with respect to hire, tenure, tenns,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work perfonnance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive the tennination ofthis Agreement.
7.11 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
that can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail , return
receipt requested, addressed to the parties as follows:
CITY:
City of Cannel Douglas C. Haney
Department of Administration Cannel City Attorney
One Civic Square One Civic Square
Cannel, Indiana 46032 Cannel, Indiana 46032
ATTENTION: Nancy Heck
PROFESSIONAL:
OMNI Centre For Public Media
P.O. Box 302
Cannel, Indiana 46082-0302
ATTENTION: __________________
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OMNl Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
7.16 Non-Assigrunent.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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OMNI Centre For Public Media
Community Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not fonn a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
perfonnance of Services, including forms, job description fonnats, comprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be perfonned
by Professional or under his supervision and all personnel engaged in the work shall be fully
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early tennination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment of Project
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City'S organization.
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OMNI Centre For Public Media
Conununity Relations Department -2008
Appropriation #435-1501; P.O. #18431
Contract Not To Exceed $18,500.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA OMNI Centre For Public Media
by and through its Board of Public
Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member Title: ~Ce. IA1. Sl f)J?.v 'r-
Date:
flO/TIN: 3s--I ~ ?1? ~ ~
Lori S. Watson, Member SSN if Sole Proprietor: _________
Date: ______________ Date: Ie; /rl ~lIP ~ ~ I
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date: ______________
Printed Name: !;JlpJ~UJyJ /..etC! ~
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EXHIBIT A
The omni Centre for Public
Media, Inc. omnl•
PO Box 302, Carmel, IN 46082-0302
Phone: 317.846-2345 Fax: 317.846-6664
Email: sandra@omnicentre.org
EQUIPMENT MAINTENANCE, TECHNICAL SUPPORT,
AND STATION OVERSIGHT SERVICES for 2008-2009
OVERVIEW:
The City of Carmel contracts with OMNI Centre for Public Media, Inc. to provide equipment maintenance, technical
support and station oversight services for Government Cable Channel 16.
DESCRIPTION OF DUTIES:
Equipment Maintenance includes maintaining and programming the equipment housed in the AN booth in the Council
Chambers of City Hall and the backup program server at OMNl's offices. OMNI also provides maintenance support for all
the systems that are required for the day to day operations of the CGC16 cable channel. These backup systems are
critical in the event of a component failure at City Hall. The channel's equipment has a regular maintenance program that
includes all scheduled periodic updates of hardware and software associated with the modulation and distribution of the
signals.
Technical Support and Oversight includes the re-programming and planning of the station equipment to restore or
improve broadcast signals when necessary, administrative oversight, program planning and collaboration with City of
Carmel staff to add new shows.
As a part of technical support and oversight, OMNI staff calculates program lengths, content appropriateness, time of day
concerns for particular shows and generates a Master playback schedule. OMNI technicians oversee the uploading of all
new programs and playlists to the on-air server at City Hall. If time constraints require a personal trip to City Hall for
transferring longer program elements, OMNI technicians conduct on-site visits to make sure the programs make the on-air
schedule in a timely manner. If city staff determines a "quality of signal" problem exists or is developing, it is referred to
OMNI technical support for expedited troubleshooting and resolution.
Additional services provided at no charge include providing 24 hours a day monitoring and support in the event of a
problem with the transmission quality and advising on equipment purchases and technology upgrades upon request. The
OMNI Centre also houses its own program servers within their facility which archive all productions that have aired on
Channel 16 over the last several years. OMNI personnel, in concert with the City's Public Information staff, retrieve
productions from its servers to be used in the creation of the playlists. The programs are catalogued in a database to
provide quick retrieval of information which helps determine suitability for the airing of the productions throughout the year.
RATE SCHEDULE:
Personnel:
Senior Technical Support, Planning, Oversight and Equipment Maintenance -$125/hr.
Staff Technical Support, Oversight and Equipment Maintenance -$85/hr.
Travel -No mileage will charged for local trips for station management and technical support.
Other Notes:
1. In the event staff time is involved out of the office, time will be charged portal to portal.
2. Parts and miscellaneous supplies will be passed through at no additional markup.
3. If production services are needed in support of station management and oversight, they will be invoiced at the rates
established in the Exhibit A for Professional Services Contract #0606.01.10.
"EXHIBIT ii II
I "I
"Providing Quality Productions and Services in the Public Interest Since J986"
EXHIBITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Proj ect N arne:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
-"--
GRAND TOTAL
----''----
Signature
Printed Name
EXHIBIT C
mSURANCECOVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
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
PAGEINDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER City of Carmel
FEDERAL EXCISE TAX EXEMPT
35-60000972 i ~y 3.jI THIS NUMBER MUST APPEAR ON INVOICES, ' ONE CIVIC SQUARE VOUCHER, DELIVERY MEMO, PACKING SlilCARMEL,INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENI ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
~CHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
Dig /O~
Ot-\~1. C~-tre... -for N Ovr\c,Y ~e..c.t::..
? lA,;'o \ \ c.... M~C4 c...om r(\u,f\',+y t<eAa.-hDt\..SSHIP 'ENDOR TO7.() . ~O){ 3c:L Che-cJ v" c-5 y u...t;Ue...
~\r(\d \IN 4bo~2--0302-~N\eJ.:Lt\J 4W3'2.
NFIRMATION I BLANKET I CONTRACT
QUANTITY UNIT OF MEASURE
Send Invoice To:
C,.,c (\-\-(CLcJ
S \,4.-~ ~or-\
~( (..h..
PAYMENT TERMS FREIGHT
DESCRIPTION EXTENSION
o--Y"\J
-* l~ I SOO.OO
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
1'" '6 Y:,S1501l II I PAYMENT,..1,J 0 lV'l 0.. '1 () f S . AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. ~ . "'" _~~ ja',(\lL> n.. r\,.. .AlUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND t:::::.1..J,A.1 0 I I ,t:,..{ \ T IVi I I~1M ~UCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
SHIPPING INSTRUCTIONSU r1"\ ~ ~ _ , •L..-Of\" o...c..:r-~ • 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
I HEREBY CERTIFY JHAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIAT~NTTO PAY FOR l]1E1ABOVE ORDER.
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
CLERK-TREASURER
nn~lllIC"'T r-n..ITcnl ... n VENDOR COpy18431
T~\Vn Plaruting and Urban Design Collaborative
Department of Community Services-2008
Appropriation #43-404-00; P.O. # 19708
Contract Not To Exceed $50,000.00
APPROVED AS TO
fORM 8Y~.____".
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
Town Planning and Urban Design, Collaborative, 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 43-404 .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 For Phase I to be provided to City
hereunder shall be no more than Fifty Thousand Dollars ($50,000.00 ) (the "Estimate"). Vendor shall
submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such time period. City shall pay Vendor for such Goods and Services within
sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to
the extent such Goods and Services are not disputed, are in accordance with the specifications set
forth in Exhibit A, are submitted on an invoice that contains the information contained on attached
Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this
Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods
and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and ~re fit and sufficient for their particular purpose.
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Town Planning and Urban Design Collaborative
D~artment of Community Services-2008
Appropriation #43-404-00; P.O. #19708
Contract Not To Exceed $50,000.00
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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Town Planning and Urban Design Collaborative
D~artment of Community Services-2008
Appropriation #43-404-00; P.O. #19708
Contract Not To Exceed $50,000.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attomey
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and govemed 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.
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To~Planning and Urban Design Collaborative
Department of Community Services-2008
Appropriation #43-404-00; P.O. #19708
Contract Not To Exceed $50,000.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Mike Hollibaugh
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Town Planning and Urban Development Collaborative
236 Pearl Street
Franklin, Tennessee 37064
Telephone: 615-250-0554
E-Mail: brian@tpudc.com
ATTENTION: W. Brian Wright
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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Town Planning and Urban Design Collaborative
Department ofCommunity Services-2008
Appropriation #43-404-00; P.O. # 19708
Contract Not To Exceed $50,000.00
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 agreater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A 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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----------------
----------------
----------------------
Town PJannio.g and Urban Design Collaboralive
Department ofCommunity Service," 2008
Appropriation 1143-404-00: P.O. II 11,1708
Contract Not To Ellc«d SSO.OOIl.On
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto ()( referenced herein, cooslitutes the entire
agreement between Vendor and City wiltl respect 10 the subject matter hereof, and supersedes all prior oral
.Of written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragrapn 16 hereof, to the extent any term or condition contained in any exhibil
attached to this Agreement or in any document referenced herein confliCts with any term Of condition
contained in this Agreement, the term or conditiOn contained in this Agreement shall govern and prevail.
This Agreement may only be modified by wril100 amendment executed by both parties hereto, Of ltIeir
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL. INDIANA Town Planning and Urban Design Collaborative
by and through its Boatd of Public
Worb and Salety
By:
James Brailartl. Presiding Officer
Date: ------------------ W. '8f"~
Printed Name
Mary Ann Bur1«!. Member
Dale: Pr,·",~P"",
Tille
Lori S. Watson, Member FIOITIN: ).O}I q "eSO
Date:
SSN if Sole Proprietor: _____
ATIEST:
Date: IO/ll,lr> 8
Diana Cordray. lAMe, Clerk-Treasurer
Date:
"Y ~r'"' ........j~,• ...,~ J, I tftoIfolM.4l'.""'. ","r.to ...... 1li":J';o.O '''i;r''f)
__IlI'..."','...... ~.
Town Planning and Urban Design Collaborative
Department of Community Services-2008
Appropriation #43-404-00; P.O. #19708
Contract Not To Exceed $50,000.00
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 Town Planning and Urban Design Collaborative
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer Authorized Signature
Date: __________
Printed Name
Mary Ann Burke, Member
Date: __________
Title
FIDrrlN: __________Lori S. Watson, Member
Date: __________
SSN if Sole Proprietor: _______
ATTEST:
Date: ____________
Diana Cordray, IAMC, Clerk-Treasurer
Date: _____________
[Z,IE BuslMy Doaam<ulJlProf"";ooJl! S"""",,\DOCSIToWD PI......g .llJlNm Dai",Goods.l So-vi=.OOc,10/2.112008 3(1 PM]
T·P·U·D·C CARMEL SMARTCODE
LETTER OF fNTEREST
"1 11 ",,,Septernot'r 24.2008 ,\\\~NG&lJ "'I,
,". ~~"'"'''~'~~''''' " ~~'/~'~,,',"-M" 'W;-~';':'~O"~,,~"
Michael Hollibaugh -,-tv:; A~~,:O'--::t-:.: ~... ".-~'t-:
Planning & Zoning Director
The City of Carmel T~.fp . U . D!-~C
3rd Floor \0;;'~aJflJSf!1f:'~'"J/One Civic Square \ /~~:JP~'-?3~(""----" ' Carmel, IN 460.32 , ;', 'IIJ~I~:-~ " ',<... .t1 ..••••••••• ,,'
"" 11 B 0 '\l,,\\""317-571-2417 ""111 1 '
Dear Selection Committee,
Town Planning & Urban Design Collaborative Lee. (hereafter referred to as TPUDe)_ and our team of national and local
experts, is pleased to offer our proposal for the creation of the downtown master plan and customization of the SmartCode
for Carmel. Indiana and the production of related documents and services. Outlined in this proposal are the process. prodl1ct.
schedule and fee for our engagement.
TPUDC has carefully chosen a very selective team specifically for this project as we have observed that the greatest places are
created not throl1gh the efforl~ of individual specialists or one firm. bm LJther the collaborative interaction of multidisciplinary
teams of professionals. This is not only a core fundamental principal of our firm. but also the greater Smart Growth and New
Urbanist movements. It is this cross-pollination of ideas that yields holistic. innovative and effective solutions.
We have found that it is equally imperative for the planning director. planning staff and officials to become an integral part of
the planning and coding team. It is our goal to work closely with representatives from the Division of Planning and Zoning
in addition to local officials. residents and merchants in developing a community-based master plan and calibrated SmartCode
for the City. This code and any associated plans and documents must be realistic, environmentally sustainable, economically
rewarding and promote walkable and vibrant development while fostering a strong sense of community.
TPUDC will work with the local planning staff throughout the approval process for the code. It is the planning st.1ff and
elected officials that will be responsible for adrninistering and enforcing the new code. therefore we see it as our responsibility
give them the training necessary to do so. In order to best facilit.ate this effort TPUDC has developed a succinct series ofsteps to
both familiarize the planning staff with the nuances of the Carmel calibrated SrnartCode and give them the tools to effectively
administer it. Included in the scope of our proposal are two intensive SmartCode training sessions for all city planning staff and
officials prior to and following the charrette. The detailed series ofsteps is outlined in the subsequent pages.
We appreciate the opportunity to help protect the integrity and character that makes Carmel special. We have done our best
to provide you with the information requested but we know there are often questions that arise during the review of such an
extensive submission. Please do not hesitate to call if you have any questions. We look forward to speaking with you next week
and thank you for you time.
Sincerely.
tJ,!~ . ~WB=Wright
Founding Principal
Town Planning &: Urban Design Collaborative LLC
..EXHIBIT A-~ I( \ \ V ."
1
,) 2(HIXTl'UDC llC.AII Right.< Rc",,,·cd. www.tpudc.C()JII
TECHNICAL SUMMARY & CLOSING
FEE SUMMARY -r0 complete the services herein described, the total fee is
$200,000 (US. doUars) . Reimbursable expenses are in addition
to the fee and shall not exceed $34,120 as detailed in the derailed
expense estimate to the right.
The fee above is to be paid as follows:
Phase I, Charrette organization and planning -$50,000
Task 1.0
Task 2.0
Due upon signing of the Agreement.
Phase II -Central Carmel Charrerte -$100,000
Task 3.0
Task 4.0
Due on last day of charrette.
Phase III -Post Charrette -$30,000
Task 5.0
Task 6.0
Due upon delivery of fIrst draft of the Documents.
Phase IV -Final Draft -$20,000
Task 7.0
Task 8.0
Due upon delivery of Final Documents.
Detailed Expense Estimate:
Hotel $11,520
Team Accommodations (1160 x 1Z team members x 7Z room
nights)
Ground Transportation $4,000
4 rented vehicles + rental car gas = 11, OOOlwk
Travel $7,800
Includes airfare, mileage, airport parking, laxi, etc.
Supplies $3,500
Supplies, printinJ? & scanning expenses required and used by the
charretle team
Printerl Copier $1,000
Rented for team use throughout the charrelle
Chairsl Tables Client Responsibility
Rental rf tables and chairs for team member's work stations and
necessary meetings
Location, etc. Client Responsibility
Studio & meeting space, required presentation equipment (projector
screen, etc.)
Meals $5,300
Team member x 1601 day for 13 team members
Videography $1,000
TOTAL~ $34,120
"EXH\8\T !l-2-72
«:I 2008 TPlIDC LLC. All RighI> R.es",..",d.
,
EXHmITB
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
"
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 C.ity of Carmel I I
FEDERAL EXCISE TAX EXEMPT
35-60000972I I
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
"'1-\\::11::
PURCHASE ORDER NUMBER
IQ708
THIS NUMBER MUST APPEAR ON INVOICES, M
VOUCHER, DEUVERY MEMO, PACKING SLlP~
SHIPPING LABELS AND ANY CORRESPONDENCE
JRCHASE ORDER DATE DATE REQUIRED REQUISITION NO.
'0(8(08
VENDOR NO. DESCRIPTION
--y _. ---.... -,~3(P p(2o.rl Sf_ SHIP ljePf of ri¥nrnun,l-y jyvtR.5'VENDOR TOFT'OJ1k Itf) -rIV 3 7D 1P4 One ell/It. .S0uaYe
-a~ {IP/fJJdEO ·-0554 Carmel IN ;..{0032.
JNFIRt.1ATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
QUANTITY IUNIT OF MEASURE DESCRIPnON L UNIT PRICE L EXTENSION
/JoUJn-l-own -Plan Of' Smar!~ (!;J!ba.-flon
Ml( 01--&meJ
J$so/ 000.00
Phase. / J /ask
,ask t.O
70sk ~.o "
Send Invoice To: ju.Q &'1 ilocs //q:<.
43-'/01/-00(!!JIlL U VI(., ~~uare.
{!armd IN "b03~ /f5()/ 000. 00
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT
SHIPPING INSTRUCTIONS
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEP'TED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPUANCE WITH CHAPTER 99, ACTS 1945 TITLE
AND ACTS AMENDATORY THEREOF AND SUPf'l£MENT THERETO.
CLERK-TREASURER19708 V£NDOR COpyDOCUMENT CONTROL NO.
<r
Human Resources
Memo
To: Board of Public Works and Safety
From: Barbara Lamb, Director of Human Resources
Date: 10/29/2008
Re: Express Scripts Agreement
The agenda for the November 5 Board of Public Works and Safety meeting includes an agreement with
Express Scripts, the City's Pharmacy Benefit Manager. You may notice that the term of the contract is
January 1,2006, through December 31,2008.
For the past few years we have been operating under an abbreviated financial agreement that was executed
by the Board on December 21, 2005. While that agreement has proved satisfactory for most purposes, it
does not allow us to collect rebates for prescription drug purchases made under the plan for the past three
years. Express Scripts is holding an estimated $50,000 in drug rebates that they will credit to our account
when this new agreement is executed.
Please call me (571-2471) if you have any questions about this agreement.
·r ~. ,
~.
A""ROVED~ }
EXPRESS SCRIPTS, INC. fORM IY:--4.Ul~.. -_~_
PHARMACY BENEFIT MANAGEMENT AGREEMENT
THIS PHARMACY BENEFIT MANAGEMENT AGREEMENT ("Agreement") shall be effective as
of the date set forth in Section 7.1 and is entered into by and between EXPRESS SCRIPTS, INC., a
Delaware corporation ("ESI"), and City of Carmel, Indiana, ("Sponsor"), by and through its Board of Public
Works and Safety, organized under the laws of the State of Indiana ("Sponsor") for the purpose of setting
forth the terms on which ESI will provide pharmacy benefit management services to Sponsor. The parties
agree as follows:
ARTICLE I -DEFINITIONS
"BACR" means a benefit add/change form utilized by ESI to document Sponsor changes to the benefit
design incorporated in the EBD.
"Copayment" means that portion of the charge for each Covered Drug dispensed to the Member that is
the responsibility of the Member (e.g., copayment, coinsurance and/or deductible) as indicated on the
EBD.
"Covered Drug(s)" means those prescription drugs, supplies, Specialty Products (if applicable), and other
items that are covered under the Plan, each as indicated on the EBD.
"EBD" means a prescription drug benefit summary form which, when completed and approved by
Sponsor, will describe the essential features adopted by Sponsor for the prescription drug components of
its Plan(s). Changes to theEBD shall be made on BACR forms.
"Eligibility Files" means the list submitted by Sponsor to ESI in reasonably acceptable on-line, FTP, or
electronic format indicating persons eligible for drug benefit coverage services under the Plan. Updates
performed manually by ESI on behalf of Sponsor shall be subject to additional charge as set forth in
Exhibit A.
"ESI Specialty Pharmacy" means CuraScript Pharmacy, Inc. or another pharmacy wholly-owned or
operated by ESI or its wholly-owned subsidiaries that primarily dispenses Specialty Products. For
purposes of this Agreement, the ESI Specialty Pharmacy is not considered a Mail Service Pharmacy.
"Formulary" means the list of FDA-approved prescription drugs and supplies developed by ESI's
Pharmacy and Therapeutics Committee and/or customized by Sponsor, which is selected and adopted by
Sponsor.
"HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996, as amended.
"10 Card" means ESI's standard single purpose (NCPDP format) printed identification card containing the
applicable ESI logo or other mutually acceptable method of identifying ESI as the provider of pharmacy
benefit services.
"Implementation SOW" means a form completed and signed by Sponsor prior to implementation that
contains the material elements of Sponsor's eligibility set-up, including processing fields, indemnity and
termination rules, file layout and alternative 10 numbers, etc.
"Mail Service Pharmacy" means a duly licensed pharmacy operated by ESI or its subsidiaries, other than
ESI Specialty Pharmacy, where prescriptions are filled and delivered to Members via USPS or other mail
delivery service ("Home Delivery").
"Manufacturer Administrative Fees" means those administrative fees paid by pharmaceutical
manufacturers to, or otherwise retained by, ESI pursuant to a contract between ESI and the manufacturer
and directly in connection with ESI's administering, invoicing, allocating and collecting the Rebates under
the Rebate program.
II0816v3
3.1
(b) Prior to the provIsion of any services under this Agreement, Sponsor will submit a
completed EBD certifying that the EBD accurately depicts the pharmacy benefit provisions of the Plan.
Sponsor is solely responsible for timely communication of the terms of and changes to the Plan to its
Members prior to the effective date of such provisions. Sponsor shall notify ESI in the event of change to
benefit design features of the Plan after initial setup, including but not limited to changes in Copayments,
Covered Drugs, or prior authorization requirements in writing, via BACR forms made available by ESI.
ARTICLE'" -PBM SERVICES
Pharmacy Services.
(a) Participating Pharmacies. ESI shall maintain a network of Participating Pharmacies to
serve Members. ESI will make available an updated list of Participating Pharmacies in such network(s)
on-line. Each Participating Pharmacy is required to verify the Member's eligibility through ESI's on-line
claims processing system. ESI shall direct Participating Pharmacies to charge and collect the applicable
Copayment from Members for each Covered Drug dispensed; provided, a Member's Copayment charged
for a Covered Drug shall be the lesser of the applicable Copayment or the U&C.
(i) Requirements for Participation. ESI shall require each Participating Pharmacy to
meet ESI's participation requirements, including but not limited to licensure, insurance and
provider agreement requirements. ESI does not direct or exercise any control over the
professional judgment exercised by any pharmacist in dispensing prescriptions or otherwise
providing pharmaceutical related services at a Participating Pharmacy. Participating Pharmacies
are independent contractors of ESI, and ESI shall have no liability to Sponsor, any Member or
any other person or entity for any act or omission of any Participating Pharmacy or its agents or
employees.
(ii) Audits of Participating Pharmacies. ESI shall audit Participating Pharmacies to
determine compliance with their provider agreements with ESI. The audit may be conducted by
ESI's internal auditors or its outside auditors, and at the pharmacy or at ESI by a review of
electronically transmitted claims in accordance with ESI pharmacy audit protocols. ESI shall
attempt recovery of identified overpayments through offset, demand or other reasonable means.
To compensate ESI for the cost of conducting such audits, ESI shall retain an audit fee in the
amount set forth in Exhibit A from any recovered overpayment attributable to a Plan detected in
the audit. Any balance of recovered overpayments will be paid to Sponsor.
(iii) Network Maintenance. ESI maintains multiple networks, and periodically
consolidates networks, or migrates clients to other networks, in order to capitalize on certain
operational efficiencies and other benefits associated with a streamlined network offering.
Existing networks may fluctuate from time to time. Sponsor acknowledges and consents to the
same, provided that Member access is not materially disrupted as a result of such fluctuations,
consolidations or transitions. If Sponsor elects to implement an Exclusive Home Delivery (aka
mandatory mail) plan deSign, certain PartiCipating Pharmacies may elect not to participate in the
network serving Sponsor. ESI will notify Sponsor of any changes that would materially adversely
affect Member access to Participating Pharmacies and work with Sponsor in good faith to
mitigate any such affects.
(b) Home Delivery Service. Members may have prescriptions filled through the Mail Service
Pharmacy. Subject to applicable law, ESI may communicate with Members regarding benefit design, cost
savings, availability and use of Home Delivery, as well as provide supporting services. If the prescription
and applicable law do not prohibit substitution of a generiC drug equivalent, to the prescribed drug, or if
the Mail Service Pharmacy obtains the consent of the prescriber, the Mail Service Pharmacy shall
dispense the generic drug substitute to the Member. The Mail Service Pharmacy shall charge and collect
from Members the applicable Copayments and/or Deductibles prior to the Covered Drug being
dispensed.
(c) Specialty Products. Members may have Specialty Products filled through ESI Specialty
Pharmacy and/or PartiCipating Pharmacies as described on Exhibit A-3.
II0816v3 3
(b) Rebate Program. ESI will pay to Sponsor the amounts set forth on Exhibit B.
3.4 Program Operations. Subject to the terms of the Business Associate Agreement:
(a) Program Reporting. ESI shall make available to Sponsor ESI's on-line standard
management information reporting applications. At the written request of Sponsor, ESI (or its wholly
owned subsidiaries) may develop special reporting packages at ESl's standard hourly rate for such
services, as set forth in Exhibit A-2.
(b) Claims Data Feeds. Upon Sponsor's written request, ESI shall provide regular
prescription claims data in ESI's standard format(s) for no additional charge to Sponsor's Vendors
("Vendors") for disease management, flexible savings account and other "payment," "treatment" and
"healthcare operations" purposes (as defined under HIPAA). ESI maintains claims data in a data
warehouse for up to twenty-seven (27) months from the date the prescription is filled. Written requests by
Sponsor for retrieval of data beyond twenty-seven (27) months is subject to the hourly charge as set forth
in Exhibit A-2. ESI disclaims any liability or responsibility related to the Sponsor-directed disclosure to,
and use of such claims data by, any such vendor.
(c) De-Identified Claims Data. Sponsor grants ESI permission to use both during and after
the term of this Agreement and/or transfer to third parties the anonymized PHI (de-identified in
accordance with HIPAA) drug and related medical data collected by ESI or provided to ESI by Sponsor
for research, provider profiling and other databases for benchmarking, drug trend, cost analyses, cost
comparisons or other business purposes of ESI. ESI shall retain full ownership rights over all
compilations, analyses and reports prepared by ESI other than those reports prepared specifically for
Sponsor under this Agreement. Other than as necessary for Rebate filing, ESI does not transfer any
claims data to pharmaceutical manufacturers.
(d) Claims Data Retention. ESI will maintain Sponsor's claims data supporting invoices for
Covered Drugs adjudicated by ESI during the term of this Agreement for a period of twenty-four (24) .
months in their original forms, and thereafter on microfilm, microfiche or other form determined by ESI for
an additional five (5) years. ESI shall use reasonable efforts to cooperate with Sponsor for purposes of
meeting Sponsor's retention obligations under applicable law; provided that after expiration of the
retention period, ESI shall dispose of such data in accordance with its standard policies and practices and
applicable state and federal law.
(e) Sponsor Audits. Provided that this Agreement has been duly executed by Sponsor and
Sponsor's account does not reflect a delinquent balance at the commencement of or during an audit,
Sponsor may audit the prescription management services provided under this Agreement consistent with
the Audit Protocol set forth in Exhibit C once per twelve (12) month period. Sponsor shall bear its own
costs associated with any audit. Except as otherwise provided in Exhibit C, audit materials and
documentation provided by ESI will be limited to Sponsor-specific information. Contractual information
(e.g., reimbursement rates, fees and acquisition costs) concerning Pharmacies and other providers of
products and services, which is proprietary and confidential to ESI, will not be disclosed to Sponsor or
Auditor except as necessary to verify PartiCipating Pharmacy reimbursement rates under pass-through
pricing arrangements, if applicable. Sponsor may use an independent auditor ("Auditor"), so long as such
auditor does not have a material and ongoing conflict of interest with ESI, (e .g., Auditor serves as expert
witness in litigation against ESI). If Sponsor selects an Auditor that also has been appOinted by ESI's
shareholders to conduct the independent audit of ESI, then such firm must provide to ESI a letter stating
that such engagement performed on behalf of Sponsor shall in no way infringe upon said firm's
independence with respect to ESl's audit. Such letter must be signed by the audit firm and approved by
the engagement audit partner performing the ESI audit. Auditors must execute a mutually acceptable
standard confidentiality agreement with ESI prior to commencement of the audit. Any requests by
Sponsor to permit an Auditor to perform an audit shall constitute Sponsor's direction and authorization to
ESI to disclose PHI to the Auditor.
3.5 Liability Insurance. Each party shall maintain such policies of general liability, professional
liability and other insurance of the types and in amounts customarily carried by their respective
businesses. Proof of such insurance shall be available upon request. ESI agrees, at its sole expense, to
maintain during the term of this Agreement or any renewal hereof, commercial general liability insurance,
IIOSI6v3 5
Information") unless otherwise public: (i) with respect to ESI : ESI's reporting and other web-based
applications, eligibility and adjudication systems, system formats and databanks (collectively, "ESl's
Systems"), clinical or formulary management operations or programs, information concerning Rebates,
prescription drug evaluation criteria, drug pricing information, and Participating Pharmacy agreements;
and (ii) with respect to Sponsor: Sponsor and Member information files, business operations and
strategies. Neither party shall use the other's Proprietary Information, or disclose it or this Agreement to
any third party, at any time during or after termination of this Agreement, except as specifically
contemplated by this Agreement or upon prior written consent, which shall not unreasonably be withheld,
or as required by court order or applicable law. Upon termination of this Agreement, each party shall
cease using the other's Proprietary Information, and all such information shall be returned or destroyed
upon the owner's direction, in accordance with applicable law.
(b) Sponsor will not, and will not permit any third party acting on Sponsor's behalf to, access,
attempt to access, test or audit ESt's Systems or any other system or network connected to ESI's
Systems. Without limiting the foregoing, Sponsor will not: (i) access or attempt to access any portion
or feature of ESI Systems, by circumventing the ESI Systems' access control measures, either by
hacking, password "mining" or any other means; or (ii) probe, scan, audit or test the vulnerability of
ESI's Systems, nor breach the security or authentication measures of ESI's System.
5.3 Trademarks. Each party acknowledges each other party's sole and exclusive ownership of its
respective trade names, commercial symbols and trademarks (collectively "Marks"). No party shall use
the other party's Marks in advertising or promotional materials or otherwise without the owner's prior
written consent; provided, however, that the parties may inform Members and Participating Pharmacies
that ESI provides prescription drug benefit management services to Sponsor.
ARTICLE VI -COMPLIANCE WITH LAW; ERISA; FINANCIAL DISCLOSURE
6.1 Compliance with Law; Change in Law. Each party shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including maintaining any necessary
licenses and permits. Sponsor shall be responsible for any governmental or regulatory charges and taxes
imposed upon the services provided hereunder, other than taxes based on the net income of ESI. If (a)
there is a material change in federal, state or local laws or regulations or the interpretation thereof, that,
among other things, requires ESI to increase payments or shorten payment times for Covered Drugs to
Participating Pharmacies, or change the scope of services hereunder, (b) First DataBank elects to stop
publishing "AWP," (c) the parties shall negotiate an appropriate modification of the services,
reimbursement rates, administrative fees and/or Rebates such that the parties are returned to their
comparable economic position as of the Effective Date. If the parties cannot agree on a modification or
adjusted fee or rates, then either party may terminate the Agreement on thirty (30) days' prior written
notice to the other.
6.2 ERISA. Sponsor shall ensure that its activities in regard to the drug benefits provided to its
Members are in compliance with the Employee Retirement Income Security Act, as amended, 29 U.S.C.
§1001 et seq. ("ERISA"). Sponsor acknowledges and agrees that it is responsible for disclosing to
Members any and all information relating to the program as required by law to be disclosed, including any
information relating to the calculation of Copayments, and any other program coverage and eligibility
requirements in connection with the program, and any other information concerning commissions,
rebates, discounts or provider discounts referred to in Section 6.3 hereof. In providing services under this
Agreement, Sponsor acknowledges and agrees that neither ESI nor any of ES/'s wholly-owned
subsidiaries are acting as a fiduciary (as defined in Section 3.21(a) of ERISA) of Sponsor's Plan, and
Sponsor shall not name ESI or any of ESt's whOlly-owned subsidiaries as a plan fiduciary. Neither ESI
nor any of ESI's wholly-owned subsidiaries have any power to make any decisions as to Plan policy,
interpretations, practices or procedures, but rather provides ministerial services within a framework of
policies, guidelines, interpretations, rules, practices, and procedures chosen by Sponsor. Sponsor
acknowledges that neither ESI nor any of ESt's wholly-owned subsidiaries have any discretionary
authority or control respecting management of the Plan and does not exercise any authority or control
respecting management or disposition of the plan assets of the Plan, if any exist. Sponsor further
acknowledges that all such discretionary authority is retained by Sponsor or some other person or entity.
Il0816v3 7
Members on or before the effective date of termination ("Termination Date"). ESI shall continue filing for
Rebates for claims incurred prior to the Termination Date and shall pay Sponsor Rebates for such claims
in accordance with the Rebate payment schedule set forth in Exhibit 8. Cla ims submitted by Pharmacies
or Member-Submitted Claims filed with ESI after the Termination Date shall be processed and
adjudicated in accordance with a mutually determined run-off plan. Upon request of Sponsor, ESI shall
provide open refill files and standard claims data for transition to the successor pharmacy benefit
manager in accordance with then existing industry protocol. Notwithstanding the preceding, ESJ may
require that Sponsor pay a reasonable deposit in the event ESI is requested to process after the
Termination Date claims incurred on or prior to such date.
7.3 Remedies.
(a) Remedies Not Exclusive. A party's right to terminate this Agreement under Article VII
shall not be exclusive of any other remedies available to the terminating party under this Agreement or
otherwise, at law or in equity.
(b) Force Majeure. Neither party shall be liable in any manner for any delay to perform its
obligations hereunder which are beyond a party's reasonable control, including, without limitation, any
delay or failure due to strikes, labor disputes, riots, earthquakes, storms, floods or other extreme weather
conditions, fires, explosions, embargoes, war or other outbreak of hostilities, government acts or
regulations, or the failure or inability of carriers, suppliers, delivery services, or telecommunications
providers to provide services necessary to enable a party to perform its obligations hereunder.
(c) Limitation of Liability. Except for the indemnification obligations set forth in Section
7.3(d), each party's liability to the other hereunder shall in no event exceed the actual proximate losses or
damages caused by breach of this Agreement. In no event shall either party or any of their respective
affiliates, directors, employees or agents, be liable for any indirect, special, incidental, consequential,
exemplary or punitive damages, or any damages for lost profits relating to a relationship with a third party,
however caused or arising, whether or not they have been informed of the possibility of their occurrence.
(d) Indemnification.
(i) In addition to any indemnification obligations set forth in the Business Associate
Agreement, ESI will indemnify and hold Sponsor harmless from and against any loss, cost, damage,
expense or other liability, including, without limitation, reasonable costs and attorney fees ("Costs")
incurred in connection with any and all third party claims, suits, investigations or enforcement actions,
including claims of infringement of any intellectual property rights ("Claims") which may be asserted
against, imposed upon or incurred by Sponsor and arising as a result of (A) ESl's negligent acts or
omissions or willful misconduct, (8) ESI 's breach of this Agreement, or (C) Sponsor's authorized use of
ESI's Marks, or use of or access to any ESI proprietary reporting and system applications, unless
Sponsor has modified or altered such applications without ESI 's written consent.
(ii) Sponsor will indemnify and hold ESI harmless from and against any Costs for
Claims which may be asserted against, imposed upon or incurred by ESI and arising as a result of and to
the extent of (A) Sponsor's negligent acts or omissions or willful misconduct, benefit design and coverage
decisions, or breach of this Agreement, (B) any improper use Sponsor, an Auditor or Vendor may make of
PHI provided to such party, or (C) ESI's authorized use of Sponsor's Marks in connection with the
services hereunder.
(iii) As a condition of indemnification, the party seeking indemnification shall notify
the indemnifying party in writing promptly upon learning of any Claim for which indemnification may be
sought hereunder, and shall tender the defense of such claim to the indemnifying party. No party shall
indemnify the other with respect to any claim settled without the written consent of the other, which
consent will not be unreasonably withheld.
7.4 Survival. The parties' rights and obligations under the last sentences of Sections 3.1 (a)(i),
Articles IV and V; and Sections 6.1, 7.2(e), 7.3, and 7.4 shall survive the termination of this Agreement for
any reason.
II081 6v3 9
8.8 Medicare (QRPDP) Services. The parties agree that as relates to any qualified retiree
prescription drug plan ("QRPDP") established by Sponsor under Medicare for the purpose of applying for
subsidy payments as defined under 42 CFR §423.886, ESI shall provide the services under the terms
and conditions set forth in Exhibit F.
IN WITNESS WHEREOF, the undersigned have executed this Pharmacy Benefit Management
Agreement as of the day and year below set forth .
..,...,~ ~CITY OF CARMEL, INDIANA
.J')/\ 0 J...}? ,by and through its Board of .I t--:: ~()w.~ ,
By W ~ ~u"'-• ~
Printed Name: tJ""'"
Title: ______----''''---____
Date: If) -(S:of{'
Public Works and Safety
By: ____________
Printed Name: James Brainard
Title: Presiding Officer
Date:"____________
By: ____________
Printed Name: Mary Ann Burke
Title: Board Member
Date: _____________
By: ___---__-----
Printed Name: Lori Watson
Title: Board Member
Date:--::-:::--___________
ATIEST:
By: ____________
Printed Name: Diana Cordray IAMC
Title: Clerk-Treasurer
Date: ____________
Phone: 317-571-2471
Fax: 317-571-2409
Federal ID Number: 35-6000972
Il0816v3 II
EXHIBIT A-1
PARTICIPATING PHARMACY AND MAIL SERVICE PHARMACY REIMBURSEMENT
(The following rates do not apply to Specialty Products)
I. Participating Pharmacy Reimbursement Rates
2-Tier Plan Design
ESI Formulary
ESI National Preferred
Formulary
Minimum 50,000 Participating
Pharmacy Network
Ingredient Cost -Brand
Single Source Generic
Drugs are priced as brands
The lower of AWP 16% or USC
Ingredient Cost Generic
The lower of AWP 16%, MRA,
or USC
Ingredient Cost
Compound Drugs
Lesser of USC or combined AWP
plus applicable service fee
Brand Dispensing FeelRx $1 .65
Generic Dispensing Fee/Rx $1 .85
Administrative Fee/Rx $0.00
II. Mail Service Pharmacy Pricing
1-34 Day 35-90
Brand Ingredient Cost
Supply Day Supply
Single Source Generic Drugs are AWP -16% AWP-23%
priced as brands
Generic Ingredient Cost
Compound Drug Ingredient
AWP-55%
Combined
AWP -55%
AWP plus
Cost
Brand Dispensing Fee I Rx
applicable service fee
Subject to change for changes in delivery $1.65 $0.00
rates
Generic Dispensing Fee I Rx $1.85 $0.00
Subject to change (or changes in delivery
rates
Minimum Rate I Rx
Administrative Fee
$8.99
$0.00
-
Il0816v3 13
Im~lementation Package and Member Communications
• Implementation Support
• Member Packets (Includes 2 standard resin 10 cards)
• Mailed to Sponsor
• Mailed directly to Members
• Replacement Cards
• Customized materials
A~~eals through UM Com~an~
• Clinical appeals
No additional charge
No additional charge
$1.00 + postage 1member address
$0.251 card
Priced upon request
No additional charge
• Non-clinical appeals No additional charge
B. Selected ClinicallTrend Programs.
ESI offers a comprehensive list of trend, safety, care and disease management programs, a
limited number of which are identified below, and which may change or be discontinued from time to time.
ESI also offers savings guarantees under certain conditions. Information concerning such programs,
guarantees and fees, if applicable, is available from the ESI Account Team.
Program Fee
Drug Choice Management No charge
Drug Quantity Management
• Standard per Rx
• Select per Rx (optional)
• Select per day supply (optional)
Note: List of drugs subject to change at the discretion of ESI
$0.02 PMPM
Prior Authorization-Administrative
• LosUstolen overrides
• Vacation supplies
No charge
Prior Authorization Clinical Base List
Note: List of drugs available upon request: subject to
change at the discretion of ESI.
No charge
Prior Authorization Clinical Supplemental List
Note: List of drugs available upon request: subject to
change at the discretion of ESI
$0.03 PMPM
Prior Authorization Other Clinical Overrides
(e.g. Non-standard prior authorization medications, medical
exceptions)
$20/request
$25/physician review
Step Therapy Individual module or
combined available
Retro DUR
Retro DUR -Seniors
$0.03/Rx
$0.02jRx ----
Il0816v3 15
carrier to facilitate the delivery of same as per the Member's instructions, and the provision of certain
ancillary supplies (e.g., syringes, needles, and alcohol swabs) and related items in connection with the
Specialty Product that are reasonably necessary or useful to the Member in connection with the
administration of the Specialty Product;
(iii) Ongoing Clinical and Specialty Pharmacy Support Services: self-injection teaching
support, patient education, assessment, clinical interventions and clinical screenings, therapy adherence
counseling and related clinical patient management activities and programs (e.g., CuraScript's
CareLogici!!> programs), physician consultations, authorization maintenance, assistance with Member
coverage appeals, re-fill follow-up calls, managing ongoing medication orders, and insurance follow-up
and related ongoing delivery coordination; and
(iv) Social Services: patient advocacy, hardship reimbursement support, and indigent and
patient assistance programs.
G. If Sponsor desires additional information regarding CuraScript's specialty services in addition to
the information that already has been provided, CuraScript will provide Sponsor with the additional
information upon request.
If a Sponsor desires to make Specialty Products available under this Agreement, it should select one of
the following on its EBD:
OPTION 1 -ESI Specialty Pharmacy -Exclusive
Under this pricing option, Specialty Products will only be filled through ESI Specialty Pharmacy. Specialty
Products will not be available through either Participating Pharmacies or the Mail Service Pharmacy. If a
Member submits a prescription for a Specialty Product to the Mail Service Pharmacy, the claim will reject
with a "NDC not covered" message and ESI will automatically transfer the prescription to ESI Specialty
Pharmacy. If a Specialty Product is filled through a Participating Pharmacy for any reason, ESI 's
standard Specialty Product Participating Pharmacy Rate shall apply to such claim.
Specialty Products· Exclusive
ESI Specialty Pharmacy
Ingredient Cost·
% OftAWP
See Table below
Dispensing Fee
$0.00
Product %Oft
AWP
ACTHAR 17.0%
ADRUCIL 17.0%
ADVATE 25.0%
ALDURAZYME 17.0%
ALFERON 17.0%
ALiMTA 17.0%
ALKERAN 17.0%
ALOXI 17.0%
ALPHA NATE 32.0%
ALPHANINE 32.0%
AMEVIVE 17.0%
ANTAGON 18.0%
ANZEMET 17.0%
ARANESP
AREOlA
ARIXTRA
AUTOPLEX
AVASTIN
AVONEX
17.0%
17.0%
17.0%
29.0%
17.0% I
17.0% J
Product %Oft
AWP
BAYGAM 30.0%
BAYHEP B 17.0%
BAYRHO-D 25.0%
BEBULIN 9.0%
BENEFIX 20.0%
BETASERON 17.0%
BICILLIN 17.0%
BICNU 17.0%
BLEOMYCIN 35.0%
BLEOMYCIN SULFATE 35.0%
BOTOX 18.0%
BRAVELLE 18.0%
CALCIJEX 17.0%
CAMPATH 17.0%
CAMPTOSAR 17.0%
CARBOPLATIN 35.0%
CEREZYME 15.0%
CETROTIDE 18.0%
CISPLATIN 35 .0%
Product %Oft
AWP
COPAXONE 17.0%
COPEGUS 17.0%
CYTARABINE 35.0%
CYTOGAM 18.0%
CYTOXAN 17.0%
CYTOXAN LYOPHILIZED 17.0%
DACARBAZINE 35.0%
DDAVP 17.0%
DESFERAL 17.0%
DOXIL 17.0%
DOXORUBICIN 35.0%
ELiGARD 17.0%
ELLENCE 17.0%
ELOXATIN 17.0%
ELSPAR 17.0%
ENBREL 17.0%
ENGERIX 17.0%
ENGERIX-B 17.0%
EPOGEN 17.0% -
Il0816v3 17
Product %Off
AWP
ZANOSAR STERILE
POWDER 17.0%
ZAVESCA 17.0%
ZINECARD 17.0%
Product %Off
AWP
ZOFRAN 17.0%
ZOLADEX 17.0%
ZOMETA 17.0%
ZORBTIVE 18.0%
OPTION 2 -Participating Pharmacy Network and ESI Specialty Pharmacy -Open
Under this pricing option, Specialty Products may be filled through either ESI Specialty Pharmacy or
Participating Pharmacies. They will not be available through the Mail Service Pharmacy.
Specialty Products Open
Participating Pharmacy
ESI Specialty Pharmacy
·Unique Products
Ingredient Cost·
% OffAWP
-13%
See Table below
Dispensing Fee
$2.75
$0.00
-BEBULIN -9% Same as above
-PROPLEX -5%
Product CSP
%Off
AWP
ACTHAR 15.0%
ADRUCIL 15.0%
ADVATE 25.0%
ALDURAZYME 15.0%
ALFERON 15.0%
ALiMTA 15.0%
ALKERAN 15.0%
ALOXI 15.0%
ALPHANATE 32.0%
ALPHANINE 32.0%
AMEVIVE 15.0%
ANTAGON 15.0%
ANZEMET 15.0%
ARANESP 15.0%
AREDIA 15.0%
ARIXTRA 15.0%
AUTOPLEX 29.0%
AVASTIN 15.0%
AVONEX
BAYGAM
BAYHEPB
BAYRHO-D
BEBULIN
BENEFIX
BETASERON
BICILLIN
BICNU
BLEOMYCIN
15.0%
25.0%
15.0%
25.0%
9.0%
20.0%
15.0%
15.0%
15.0% I
30.0% I
Product CSP
%Off
AWP
BLEOMYCIN SULFATE 30.0%
BOTOX 15.0%
BRAVELLE 15.0%
CALCIJEX 15.0%
CAMPATH 15.0%
CAMPTOSAR 15.0%
CARBOPLATIN 30.0%
CEREZYME 15.0%
CETROTIDE 15.0%
CISPLATIN 30.0%
COPAXONE 15.0%
COPEGUS 15.0%
CYTARABINE 30.0%
CYTOGAM 18.0%
CYTOXAN 15.0%
CYTOXAN LYOPHILIZED 15.0%
DACARBAZINE 30.0%
DDAVP 15.0%
DESFERAL 15.0%
DOXIL 15.0%
DOXORUBICIN 30.0%
ELiGARD 15.0%
ELLENCE 15.0%
I ELOXATIN 15.0%
ELSPAR 15.0%
ENBREL 15.0%
ENGERIX 15.0%
ENGERIX-B 15.0%
Product CSP
%Off
AWP
EPOGEN 15.0%
ERBITUX 15.0%
ETHYOL 15.0%
ETOPOPHOS 15.0%
ETOPOSIDE 30.0%
FABRAZYME 15.0%
FACTREL 15.0%
FEIBA 37.0%
FERTINEX 15.0%
FLUDARA 15.0%
FLUDARABINE 30.0%
FLUDARABINE 30.0%
FLUOROURACIL 30.0%
FOLLISTIM 15.0%
FORTAZ 15.0%
FORTAZ 15.0%
FORTEO 15.0%
FRAGMIN 15.0%
FUDR 15.0%
FUZEON 15.0%
GAMIMUNE 25.0%
GAMIMUNE N 25.0%
GAMMAGARD 25.0%
GAMMAR-P 25.0%
GAMUNEX 25.0%
GEMZAR 15.0%
GENOTROPIN 15.0%
GEREF 15.0%
l10816v3 19
EXHIBIT B
REBATES
A. Subject to the terms and conditions set forth below, ESI will remit to Sponsor amounts equal to
the following:
2·Tier Plan Design
ESI National Preferred Formulary
Participating Pharmacies and
ESI Specialty Pharmacy
Mail Service Pharmacy
Guarantee
per Rebateable Claim $1.30 I$5.00
B. Conditions of the Rebate Program
1. Rebates are conditioned upon (a) Sponsor's election of. and conformance to, the
identified Formulary and qualifying copayment benefit designs}; (b) distribution of the Formulary (or a
summary thereof) to Members and/or physicians, as applicable; and (c) Sponsor's compliance with other
reasonable, generally applicable requirements for participation by all clients in the Rebate Program, as
are communicated by ESI to Sponsor from time to time.
2. Certain Member Submitted Claims and OTC products, Plans that do not meet eligibility
requirements set forth in herein, claims older than 180 days, as well as claims for 100% copayment (cash
and carry) plans not offered in connection with a health plan benefit, may not be eligible for Rebates.
3. ESI shall retain all actual Rebates, but Sponsor shall be entitled to an amount equal to
the allocable Rebate amount specified above. ESI retains Rebates in excess of any guarantee, if
applicable. Guarantees are calculated in the aggregate. Amounts representing the Rebates allocated to
Sponsor pursuant to the terms of this Agreement shall be paid on a quarterly basis approximately 150
days following the end of each quarterly period; provided, however, that ESI shall make quarterly
payments as provided herein only to the extent of the Rebate payments it receives approximately 120
days following the end of the quarterly period. Payments attributable to Rebate amounts that ESI
receives later than 120 days following the end of a quarter shall be included by ESI in the next quarterly
payment. ESI retains all right, title and interest to any and all actual Rebates received from
manufacturers, except that ESI shall pay Sponsor amounts equal to the Rebate amounts allocated to
Sponsor, as specified above, from ESl's general assets (neither Sponsor, its Members, nor Sponsor's
plan retains any beneficial or proprietary interest in ESI's general assets). Sponsor acknowledges and
agrees that neither it, its Members, nor its Plan shall have a right to interest on, or the time value of, any
Rebate payments received by ESI during the collection period or moneys payable under this Section. No
Rebates shall be paid until this Agreement is executed by Sponsor. ESI shall have the right to apply
Sponsor's allocated Rebate amount to unpaid Fees and shall have the right to delay payment of Rebates
to allow for final adjustments upon termination of this Agreement.
4. Sponsor acknowledges that it may be eligible for Rebates under this Agreement only so
long as Sponsor, its affiliates, or its agents do not contract directly or indirectly with anyone else for
discounts, utilization limits, rebates or other financial incentives on pharmaceutical products or formulary
programs for claims processed by ESI pursuant to the Agreement, without the prior written consent of
ESI. In the event that Sponsor negotiates or arranges with a pharmaceutical manufacturer for Rebates or
similar discounts for any Covered Drugs hereunder, but without limiting ESI's right to other remedies, ESI
may immediately withhold any Rebates earned by, but not yet paid to, Sponsor as necessary to prevent
duplicative rebates on Covered Drugs. To the extent Sponsor knowingly negotiates and/or contracts for
discounts or rebates on claims for Covered Drugs without prior written approval of ESI, such activity shall
be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebates
hereunder and to renegotiate the terms and conditions of this Agreement.
Il0816v3 21
G. During the course of an audit, all data, including claims detail and any copies of claims
(or compilations thereof) supplied by ESI may be retained by Sponsor.
4, Auditing Rebates from Manufacturers
A. The initial scope of any rebate audit may not exceed two (2) calendar quarters during the
twelve month period immediately preceding the audit. In the event findings from the initial review period
reasonably warrant an increase in calendar quarters to be reviewed, ESI and Sponsor will mutually agree
on a process by which additional calendar quarters may be reviewed by Sponsor.
B. ESI's contracts with pharmaceutical manufacturers for drug product rebates are highly
confidential and proprietary. Nevertheless, Sponsor may audit payments under rebate contracts
applicable to Sponsor, and may select five (5) initial manufacturer contracts to be audited, or such larger
initial number of contracts that will enable Sponsor to audit fifty percent (50%) of total rebate payments
due to Sponsor. In the event findings from the initial rebate contract audits warrant an increase in the
number of contracts to be audited, ESI and Sponsor will mutually agree on a process by which additional
contracts may be reviewed by Sponsor.
c. ESI will use reasonable best efforts to obtain manufacturer consent to disclose such
contracts when such consent is required. In the event that a selected manufacturer declines to permit
Sponsor to review the applicable rebate rate components, then ESI will use its best reasonable efforts to
secure permission from one or more additional manufacturers of Sponsor's choice which will enable
Sponsor to meet the initial targets of five (5) manufacturer contracts and fifty percent (50%) of total rebate
payments as set forth in paragraph 4B above.
D. ESI will permit Sponsor to perform an on-site review of the applicable rebate rate
components of the manufacturer rebate agreements which are relevant and necessary to audit the
calculation of the rebate payments made to Sponsor by ESI for the selected drugs.
E. Sponsor should bring, or otherwise supply its independent auditor with, the most recent
Allocation Report (PSG) or Sponsor Share Report (MS), which should be brought to the on-site rebate
audit. Additional reasonable charges may occur if ESI is asked to re-produce these reports.
F. Sponsor will not be permitted to copy or retain any such manufacturer agreements (in
part or in whole) or documents provided or made available by ESI in connection with the rebate audit.
Sponsor will be entitled, however, to take and retain notes to the extent necessary to document any
identified exceptions. ESI shall be entitled to review any notes to affirm compliance with this paragraph.
5. Verification or Explanation of Disputed Claims
A. After ESI has supplied the claims data, Sponsor will provide ESI with a written exception
report stating the entire known error population, if any, and dollar amount associated with such errors. In
addition to the written report, Sponsor will provide an electronic extrapolation of errors representative of
the entire population of errors not to exceed an initial compilation of 200 (hereafter referred to as
"representative sample").
B. ESI will research and investigate the "representative sample" within thirty (30) days. If
additional time is reasonably required, ESI will notify Sponsor within these thirty (30) days.
c. In the event findings warrant an increase in the representative sample of drug claims or
the scope of the rebate audit period, ESI and Sponsor shall mutually determine the scope of such
increase.
D. Overpayments or underpayments shall be promptly paid and/or credited by ESI (or the
Sponsor, as the case may be). No overpayments or underpayments shall be made that exceed the terms
of the Agreement.
1108 J6v3 23
EXHIBIT D
BUSINESS ASSOCIATE AGREEMENT
1. Definitions.
(a) "Designated Record Set" shall mean a group of records maintained by or for Plan that is
(i) the medical records and billing records about individuals maintained by or for Plan, (ii) the enrollment,
payment, claims adjudication, and case or medical management record systems maintained by or for a
health plan; or (iii) used, in whole or in part, by or for Plan to make decisions about individuals.
(b) "HIPAA Rules" means the collective privacy, transaction and security regulations
promulgated pursuant to the Health Insurance Portability and Accountability Act, as codified at 45 CFR
Parts 160, 162 & 164.
(d) "Health Plan" or "Plan" shall have the same meaning as the term "Health Plan" in 45 CFR
160.103.
(c) "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501
and shall include a person who qualifies as a personal representative in accordance with 45 CFR §
164.502(g).
(d) "Protected Health Information" or "PHI" shall have the same meaning as the term
"protected health information" in 45 CFR § 164.501, limited to the information created or received by ESI
from or on behalf of Plan.
(e) "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR Part 160 and Part 164, as they exist now or as they may be amended.
(f) "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR
§ 164.501.
(g) "Secretary" shall mean the Secretary of the Department of Health and Human Services or
his designee.
(h) "Security Standards" shall mean the Security Standards, 45 C.F.R. parts 160, 162 and
164, to be effective no later than April 20,2005, as they exist now or as they may be amended.
(i) "Transaction Standards" shall mean the Standards for Electronic Transactions, 45 C.F.R.
160 and 162, as they exist now or as they may be amended.
Terms used, but not otherwise defined, in this Addendum shall have the same meaning as those
terms in 45 CFR §§ 160.103 and 164.501.
2. General Use and Disclosure Provisions. ESI and the Plan acknowledge and agree as follows:
(a) Except as otherwise limited in this Agreement, ESI may use and disclose PHI to properly
provide, manage and administer the services required under the PBM Agreement and consistent with
applicable law to assist the Plan in its operations, as long as such use or disclosure would not violate the
HIPAA Rules if done by the Plan.
(b) ESI will take reasonable efforts to limit requests for, use and disclosure of PHI to the
minimum necessary to accomplish the intended request, use or disclosure.
(c) Except as otherwise limited in this Agreement:
Il0816v3 25
(m) ESI agrees to make internal practices, books, and records relating to the use and
disclosure of PHI received from, or created or received by ESI on behalf of, the Plan available to the Plan
within ten (10) business days, or at the request of the Plan or the Secretary of HHS ("Secretary"), to the
Secretary in a time and manner directed by the Secretary, for purposes of the Secretary determining the
Pian's compliance with the HIPAA Rules.
3. Plan Obligations,
(a) Plan shall notify ESI of any limitation(s) in the notice of privacy practices of Plan in
accordance with 45 C.F.R. §164.520, to the extent that such limitation may affect ESI's use or disclosure
of PHI.
(b) Plan shall notify ESI of any changes in, or revocation of, permission by an Individual to
use or disclose PHI, to the extent that such changes may affect ESI's use or disclosure of PHI.
(c) Plan shall notify ESI of any restriction to the use or disclosure of PHI that Plan has
agreed to in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect ESI's use
or disclosure of PHI.
(d) Plan shall not request that ESI use or disclose PHI in any manner that would exceed that
which is minimally necessary under the HIPAA Rules or that would not be permitted by a Covered Entity.
4. Transactions Standards. The HIPAA Rules provide for certain Transactions Standards for
transfer of data between trading partners. While certain of the standards mayor may not be adopted by
the Plan (e.g., for eligibility), ESI will be prepared to accept the following in accordance with 45 CFR Part
162.1502: ASC X12N 834 -Benefit Enrollment and Maintenance. In addition, to the extent applicable,
ESI shall comply with other applicable transactions standards for claims processing functions between
ESI and provider pharmacies. The parties each hereby agree that it shall not change any definition, data
condition or use of a data element or segment in a standard, add any data elements or segment to the
maximum defined data set, use any code or data elements that are either marked "not used" in the
standard's implementation specification or are not in the implementation specification, or change the
meaning or intent of the implementation specification.
5. Security Standards. To the extent that ESI creates, receives, maintains or transmits electronic
PHI, ESI shall:
(a) Implement administrative, physical and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the Electronic PHI that ESI creates,
receives, maintains or transmits on behalf of the Plan as required by the Security Standards;
(b) Ensure that any agent, including a subcontractor, to whom ESI provides Electronic PHI
agrees to implement reasonable and appropriate safeguards to protect the PHI; and
(c) Report to Plan any Security Incident involving Electronic PHI of which ESI becomes
aware.
6. Breach; Termination.
(a) Without limiting the termination rights of the parties pursuant to the PBM Agreement,
upon the Plan's knowledge of a material breach by ESI of this Agreement, the Plan shall notify ESI of
such breach and ESI shall have thirty (30) days to cure such breach. In the event ESI does not cure the
breach, or cure is infeasible, the Plan shall have the right to immediately terminate this Agreement and
the PBM Agreement. If cure of the material breach is infeasible, Plan shall report the violation to the
Secretary.
(b) To the extent feasible, upon termination of the PBM Agreement for any reason, ESI shall,
Il0816v3 27
EXHIBIT E
FINANCIAL DISCLOSURE TO ESI PBM CLIENTS
Express Scripts is a provider of pharmaceutical benefits management CPBM") and other related
services to thousands of client groups including managed care organizations, health insurers, employer
groups, third party administrators and government entities. Express Scripts' subsidiary companies, some
of which provide services related to supporting our PBM services, include ESI Mail Pharmacy Service,
Inc., CuraScript Pharmacy, Inc., Express Scripts Specialty Distribution Services, Inc., and Phoenix
Marketing Group, LLC. This disclosure provides an overview of the revenue sources that allow us to
deliver competitive pricing arrangements to our clients.
Express Scripts offers its clients, either directly or through its subsidiary companies, a variety of
services related to the management of prescription drug benefits. The specific services provided to each
client are documented under the Pharmacy Benefit Management Agreement, or other similar agreement,
with our client. Express Scripts' PBM services typically include claims processing and adjudication,
pharmacy network contracting and management, formulary development and management, rebate
management and administration, trend management, and clinical program development and fulfillment.
Some of our clients also utilize our mail service pharmacy to provide their members with convenient
access to safe and affordable prescription drugs through home delivery. In addition to the administrative
fees paid to us by our clients for these core PBM services, Express Scripts derives revenue from other
sources, including arrangements with pharmaceutical manufacturers and retail pharmacies. Some of this
revenue relates to utilization of products by members of the clients for whom we provide PBM services.
Network Pharmacies -Express Scripts contracts for its own account with retail pharmaCies to
dispense prescription drugs to members of the clients for whom we provide PBM services. The rates paid
by Express Scripts to these pharmacies differ from one network of pharmacies to the next, and among
pharmaCies within a network. Express Scripts generally contracts with clients to be paid an ingredient
cost for drugs dispensed in a given retail network selected by the client at a uniform rate that applies to all
pharmacies in the selected network. Thus, where the rate paid by a client exceeds the rate negotiated
with a particular pharmacy, Express Scripts will realize a positive margin on the applicable prescription.
The reverse may also be true, resulting in negative margin for Express Scripts. In addition, when Express
Scripts receives payment from a client before payment to a pharmacy is due, Express Scripts retains the
benefit of the use of the funds between these payments.
Manufacturer Rebates and Associated Administrative Fees -Express Scripts contracts for its
own account with pharmaceutical manufacturers to obtain rebates attributable to the utilization of certain
prescription products by individuals who receive benefits from clients for whom we provide PBM services.
Rebate amounts vary based on the volume of utilization as well as the benefit design and formulary
position applicable to utilization of a product. Express Scripts often pays all or a portion of the rebates it
receives to a client based on the client's PBM services agreement. Express Scripts retains the financial
benefit of the use of any funds held until payment is made to a client. In connection with our maintenance
and operation of the systems and other infrastructure necessary for managing and administering the
rebate process, Express Scripts also receives administrative fees from pharmaceutical manufacturers
participating in the rebate program discussed above. The services provided to participating
manufacturers include making certain drug utilization data available, as allowed by law, for purposes of
verifying and evaluating the rebate payments. The administrative fees paid to Express Scripts by
manufacturers for participation in the rebate program do not exceed 3.5% of the AWP of the rebated
products.
Pharmacy Dispensing and Distribution -Express Scripts has several licensed pharmacy
subsidiaries, including our specialty pharmacies. These entities purchase prescription drug inventories,
either directly from manufacturers or from drug wholesalers, for dispensing to patients or for distribution to
physician offices. Purchase discounts off the acquisition cost of these products are made available by
manufacturers in the form of both up-front and retrospective discounts. Such discounts are not
considered part of the rebates paid to Express Scripts by manufacturers in connection with our rebate
program. While rebates are directly attributable to the utilization of pharmaceutical products by
IIOBI6v3 29
EXHIBIT F
MEDICARE QR-PDP ADDENDUM
THIS MEDICARE QR-PDP ADDENDUM (the "QR-PDP Addendum") is made for the purpose of
delineating the terms and conditions under which Express Scripts Senior Care, Inc., a wholly owned
subsidiary of ESI ("Senior Care") will provide certain QR-PDP services to Sponsor as set forth below.
A. Under the Medicare Prescription Drug Benefit Program set forth in Part D of The
Medicare Prescription Drug, Improvement and Modernization Act of 2003 (the "Act"), employers may
establish a Qualified Retiree Prescription Drug Plan (as defined below) in order to continue to provide
prescription drug benefits for its Medicare-eligible Members;
B. ESI has established a subsidiary, Senior Care, that is responsible for providing certain
services related to Medicare Plans, including Qualified Retiree Prescription Drug Plans under the Act; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
1. Definitions. Unless otherwise defined below, capitalized terms used herein shall have the same
meaning assigned to such terms in the Agreement or the Medicare Drug Rules, as appropriate.
"CMS" means the Center for Medicare and Medicaid Services.
"Medicare Manufacturer Administrative Fees" means those administrative fees of up to 3.5% of the AWP
of certain Covered Drugs paid by pharmaceutical manufacturers to, or otherwise retained by, Senior Care
pursuant to a contract between Senior Care or an affiliate, and the manufacturer and directly in
connection with Senior Care's administering, invoicing, allocating and collecting the Rebates for Medicare
plans operating under the Act, including QR-PDPs.
"Medicare Drug Rules" means the Act and any and all related rules, guidance, interpretations and
operational directives adopted by CMS or other governmental agency with jurisdiction over the
enforcement of the Act.
"Medicare Member" means a Member eligible for benefits through the QR-PDP in accordance with the
Medicare Drug Rules as identified by Sponsor through the Eligibility Files.
"Medicare Rebates" means retrospective rebates that are paid to Senior Care, or otherwise retained by
Senior Care, pursuant to the terms of a rebate contract negotiated independently by Senior Care or an
affiliate with a manufacturer, and directly attributable to the utilization of certain pharmaceuticals by
Medicare Members. Rebates do not include Medicare Manufacturer Administrative Fees, or product
discounts or similar remuneration received by subsidiary pharmacies of ESI or Senior Care.
"Subsidy Payment" means the subsidy amount paid to sponsors of QR-PDPs under 42 CFR § 423.886 of
the Medicare Drug Rules.
"Subsidy Reports" means the following reports in a format and with content consistent with the
requirements of the Medicare Drug Rules : (i) monthly eligibility file (list of individuals believed to be
enrolled as defined by the Medicare Drug Rule or other CMS guidance); and (ii) cost data extract (net
covered retiree plan-related prescription drug costs) for monthly, quarterly, or annual reporting by for
payment of subsidy.
II08 16v3 31
----------------
)
cny OF CARMEL
TO: CONTRACT CHANGE ORDER NO.: 45
Milestone Contractors DATE: October 27, 2008
5950 S. Belmont Avenue PROJECT NAME: Old Meridian Street, R-27940
Indianapolis, IN 46217 CITY REO. NO.:
CITY PO NO.:
CITY PO DATE: APP[lOV::O AS TO FORM BY ~
1. You are directed to make the following changes in this Contract: L. 'KJV,
This change order is to allow the INDOT CRA program to pay an overrun of an existing LSUM item. There is no
contract increase as the amount is already considered in the previous contract amount. The CRA program does
not allow LSUM items to exceed the original contract quantity like other items, thus the change order.
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR ( -) DAYS
0107 -Sign Relocate $421.38 o
II. The following referenced Documents further describe the changes outlined in Paragraph I,
and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.:_______
Other: Attached
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $7,407,956.04
Contract Price will be increased/decreased by this Change Order $421.38
New Contract Price including this Change Order $7,407,956.04
Contract Time prior to this Change Order Days 9/8/07 Completion Date
Net increased/decreased resulting from this Change Order ...Q Days
Current Contract Time including this Change Order Days 9/8/07 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the performance of the changed work.
The Above Changes Are The Above Changes Are Approved
Recommended Accepted
CrossRoad Engineers, P.c. Milestone Contractors
ENGINEER CONTRACTOR Jame~ Brain~~
3417 Sherman Drive 5950 S. Belmont Avenue .;?z2.~
Address Address Michael McBride, City
Beech Grove, 1N 46107 1ndianapolis,1N 46217
City/State/Zip City/State/Zip Mary Ann Burke, Member
By: Lance Stahlex. By: Ann Dennody Lori Watson, Member
Phone: 317-571-0385 Phone: 317-788-6885 ATTEST:
Date: October 27, 2008 Date: October 27, 2008 Diana Cordray, Clerk-Treasurer
Date:
Page 1 of 1
,
--,----------------------------------------,
.·::>!':'RACT: R -27940 CHANGE ORDER NO. 45 PAGE 2 OF
It is the intent of the parties that this change order is full and complete compensation for the work described above . Not i t l~al_
and consent to this change order is hereby acknowledged . is S 42 1.38
':ont ractor: By: Date :_M:,\~~~~~ '2'"2::4""' loiJdp8, I
Submitted For Consideration LPA SIGNATURES OR FHWA CONCURRENCE
-----J11t~-----------------
PE/S~D.O.
AE OPS FE )1:Z,~-Gr'l E~/l.Jrjf;£L ID/z7/r:R_
DCE ____ _ DIV CHF_________
APPROVED FOR INDIAN." DEPARTMENT OF TRANSPORTATION
SI GNATURE) (TITLE) (DATE)
New i t ems as indica t ed above have been verified and added to BAMS by: on
----------------
CITY OF CARMEL APF':10C;:' AS TO FORM s4
2TO: CONTRACT CHANGE ORDER NO.:
R&W Contracting DATE: 10/24/2008
3131 Klondike Road PROJECT NAME: 116th and Clay Center Road Project #06-13
West Lafayette, In 47906 CITY REO . NO.:
CITY PO NO.:
CITY PO DATE:
1. You are directed to make the following changes in this Contract:
(See Attached Table -This item is a lump sum amount to compensate the contractor for
inflation and increased costs as a result of extending the work from 2007 to 2008 and to
no fault of the contractor. The costs include inflation to labor costs and fuel for work
that was supposed to be completed in 2007 but had to be done and completed in 2008
because the City could not provide access to the lands for the project per Articles 4, 10
and II of the General Conditions)
SCHEDULED ADJUSTMENT
ITEMS AMOUNT (+) OR ( -) DAYS
Items 10&79 -$1,247.52 o
II. The following referenced Documents further describe the changes outlined in Paragraph 1,
and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.:___
Other: _____________
The changes result in the following adjustment ofContract Price and Contract Time:
Contract Price prior to this Change Order $908.902.38
Contract Price will be increased/decreased by this Change Order -$1.247.52
New Contract Price including this Change Order $907,654.86
Contract Time prior to this Change Order 74 Days 5/23/08 Completion Date
Net increased/decreased resulting from this Change Order 0 Days
Current Contract Time including this Change Order 74 Days 5/23/2008 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the performance of the changed work.
The Above Changes Are The Above Changes Are Approved
Recommended Accepted
CROSSROAD ENGINEERS R&W CONTRACTING
ENGINEER
3417 Sherman Drive 3 J3 J Klondike Road
Address Address
Beech Grove, IN 46107 West Lafayette, In 47906
City/State/Zip City/State/Zip Mary Ann Burke, Member
Lori Watson, Member
Phone: 317-780-1555 Ph~~1174 ATTEST:
BY:U/Jh »Y~
Date: (plt-Ift,s Diana Cordray , Clerk-Treasurer r' Date I?f;'.
Date:
L. ~"I ,
TO: Dan Shotts
CITY OF CARMEL
APP11m'':;J AS TO FORr" ElyrCONTRACT CHANGE ORDER NO.:_---=--l__
Snider Group Inc. DATE: October 27,2008 c.... "YO' •
P.O. Box 281 PROJECT NAME: 131 SI Street Towne Road to Ditch Road
Zionsville, IN 46077 CITY REQ. NO.: __________
CITY PO NO.: ___________
CITY PO DATE: ________
1. You are directed to make the following changes in this Contract:
The Change Order amount is for various contract items that are completed and the addition of
two Aqua-Swirllffi water quality units required by the Hamilton County Surveyors Office for stonn
water quality assurance. These items are listed in the spreadsheet attached.
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR(-) DAYS
Contract I terns 1 thru 13 1 (-$17,744.96) -0 Days
Change Order Item 132 $17,570.00 + 0 Days
Total (-$174.96) + 0 Days
II. The following referenced Documents further describe the changes outlined in Paragraph I, and are
to be considered a part of this Change Order: R.F.P.: N/A W.D.C. No.: N/A
Other:______________________________
The changes result in the following adjustment ofContract Price and Contract Time:
Contract Price prior to this Change Order $ 3,404,247.00
Contract Price will be increased/decreased by this Change Order $__--=-17:.....4'--'-'.9"-.:6"----_____
New Contract Price including this Change Order $ 3,404,072.04
Contract Time Prior to this Change Order 120 Days September 30, 2008 Completion Date
Net increased/decreased resulting from this Change Order 0 Days
Current Contract Time including this Change Order 120 Days September 30, 2008 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the performance ofthe changed work.
The Above Changes Are The Above Changes Are Approved:
Recommended Accepted:
CrossRoad Engineers P.c. Snider Group Inc.
ENGINEER CONTRACTOR James Brainard, Mayor
34 I 7 Sherman Drive P.O. Box 281
Address Address Mary Ann Burke, Member
Beech Grove, In 46107 Zionsville, In 46077
City/SJ.tl~ . Lori Watson, Member ~~~~Z~ By:A . ATTEST:
Brad Stahley Ivt.'l~ ~o'\\'d.e.(""
Phone: (317)780-1555 ext. 247 Phone: (3 I7) 873-5265
Diana Cordray, Clerk
Treasurer. ~ Date: /o/z8/0e Date: /o/z.s/oe 2a2·/4
Mike McBride, PE
City Engin~ ~
Date: 12 z~t?R
..
(
CITY OF CARMEL APF'!10V::O AS TO FORM BY ~
i "-O . ~ ~ . -
TO: Name CONTRACT CHANGE ORDER NO.: 1
Address DATE: 10/21/08
Address PROJECT NAME: Carmel Westside Road Improvements
CITY REQ. NO.:
CITY PO NO.: 1<1,41
CITY PO DATE: If!> -1t2.-a~
1. You are directed to make the following changes In this Contract:
Relocation of the fire hydrant along Spring Mill Road, South of Dorset Boulevard.
ITEM AMOUNT SCHEDULED ADJUSTMENT
(+) OR (.) DAYS
Relocate fire hydrant $2.770.67 ±o
II. TheJpllowlng referenced Documents further describe the changes outlined in Paragraph J,
and are to be considered a part of this Change Order: R.F.P.: W.D.C. NO.: ___
Other: Poindexter Contract Change Reauest #002
The changes result In the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Chang Order ............................................................................ $1 ,100,500.10
'j Contract Price will be Increased by this Change Order .................................................. $ 2,770.67
New Contract Price Including this Change Order ............................................................ $1,103,270.77
Contract Time prior to this Change Order ~Days Completion Date October 31 , 2008
Net increased/decreased resulting from this Change Order ~Days I
Current Contract Time including this Change Order ~Days Completion Date October 31 , 2008
This Change Order Is for full and final settlement of all direct, indirect, Impact costs and time I
extensions incurred at any time resulting from the performance of the changed work. I
The Above Changes Are The Above Changes Are Approved
Recommended Accepted
I
ENGINEER CONTRACTOR James Brainard, Mayor
Cripe Architects + Engineers Poindexter Excavating, Inc. I
Address Address Mary Ann Burke, Member
3939 Priority Way South Drive P.O. Box 36399 I
Suite 400
City/State/Zip Clty/State/Zlp Lori Watson, Member
Indianapolis, IN 46240 Indianapolis, IN 46236 ATTEST:
BY:J,.}~ iI£I~By:Ph~e:317~ Phone3Z82i-69 Olano Cordray, Clerk·Treasurer
~7/J,2~
Michael McBride, City Engineer
Date: 10-'1.7-C)~ Date: )()-QJ... 7-'08" Date: lohU2a?g>
,
0 :\1 aa9\990488\S0300Idocs\Change Order_1 ·CityofCarmel_200B_1 O_21 .DOC
I-
I
I
l
... , ": ~:,": . ~: ':"""
CITY OF CARMBL
TO: Jack Montgomery CONTRAcr CHANGE REQUEST NO.: 08 -043 -002
Cripe DATE: 09/1812008
PROJECTNAMB: Misc. West Side Improvements
FROM: Jeff Perry
Poindxter
IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE
REFERENCED CONTRACI'.
1. SCOPE OF WORK (USB ADDmONAL PAGES IF RBQUIRlID. ' ALSO UST OTHER '
CONTRAcrs INVOLVED.)
Re-ta~drant at different location
2. REASON FOR CHANGE:
Hydrant could not be relocated to location on plan due
to ther not being enough room between the back ' of curb
and existIng: water main
3. APPROXIMATBCOSTCHANGETOCO~CTPRICE: ADD $2,770.67
4. WILL THE CONTRACT NEED ADDmONAL CONTRACT TIME TO COMPLETE
TIlE CHANGE IN WORK. SCOPE? __-YES _X_ -NO __ -(CALENDAR
DAYS)
5. WILL THE CONTRACTOR NEED ADDmONAL PERSONNEL TO COMPLETE
THE CHANGE IN WORK SCOPE? -YES X -NO
IF NO, TRADE(S): ____________
NO.OFPBRSONNBL: ___________
DURATION: _____________
6. IDENTIFICATION OF ATTACHMENTS:
Poindexter Change Order Request Form
BaRk Up-SUpplier Invoices
DATE: 09/18/2008 DATE: 10-(; -D~
PREPARED
REVIEWED BY: Jeff Perry REVIEWFD BY: 1J?_J1Ib.::!kIo(,o. ~
Comments and R.ecommeodat:ion:
Tfl./~ f'Z=,c::.(r A~c, p;A1t1. 4NO ~{""'41Wl.
t LUtC€MNI.~O Aa.up7ANc.J£'
AR-S IN2OOIOmJIB.DOC
l i '
I .
Change Order Request o C.O.R. # 080043-002
G.C. #
Date: 9/1812008
rOlNDEXTBl
EICClVllin, IIIC.
Project Name: Miscellaneous West Side Road Improvements Project #: 08-043
To: City of cannel
AUn: Mike McBride
One Civic Square
Engineering Office
Carmel, IN 46032
Phone: Fax:
We hereby propose to make the following changes:
Retap Hydrant at different Location
From: Poindexter Excavating, Inc.
Hannah Lee
PO Box 36399
Indianapolis, IN 46236
Phone: (317) 823-e837 Fax: (317) 823-4662
Hydrant could not be relocated to location on pian due to there not being enough room between the back of curb and
existing water main
Change Order Price $2,nO.S7
Origin a' Contract Amount $1,100,500.10
This price is good for SO days. If conditions change, this price Is void.
We are requesting a time extension of 0 days in conjunction with this change.
Hannah Lee 911812008
Author Date Sent
I.
o Accepted The above prices and specifications of this Change Order request are satisfactory and are hereby
accepted. All work to be performed under same terms and conditions as specified In original
contract unless otherwise specified.
Authorized Signature Date of Acceptance
Page 1 of2
I
r
Change Order Request
o
C.O.R. # 08-043-002
G.C. #
Date: 9/1812008
POINDEXTER fllcnatlng Inc. /.
Project Name: Miscellaneous West Side Road Improvements Project #: 08-043
Materials
1:':l~@i!S . .QUDtltxI :;@J TotJl.Tul:· '.. 1"t$1:"'~iil§l
20X6 SS Install & Tap 1.00 $935.00 SO.OO $935.00
20xS SS TAp Sleeve 1.00 $1,234.02 $0.00 $1.234.02
6 MJ x FLG 01 RS Valve 1.00 $464.42 $0.00 $464.42
6 FLG Access Pkg Ring W.I B&N 1.00 $12.23 $0.00
Sub Total
$12.23
$2,m.67
Grand Total $2,646.87
Expenses
I·EPiAij·.' '.. '." :. I:.·;Qui_1~':: 'X<$IIT'I$J To.tAl5Piiii J
Mileage for Tap 50.00 $2.50 $0.00 $126.00
Sub Total $126.00
Grand Total $125.00
Total Cost
Total
$2,170.67
$2,7'70.67
Page 2 0'2
POINDEXTER. EXCAVATING TEAM EJP w. ~ndianapolisPOBOX 36399 830~ W. Wp./ilhJ.nQton St.INDIANAPOLIS, IN Indianapolis, IN
46236-0399 46231
Telephone: 317-247-0005
9/15/08 Bid ID: 5155203 SPRINGMILL AND 131ST Page 3
Sell Unit Extenc;ledQuantity Per Description Price Prl.ce
SPECIFICATIONS. FINAL PRICINGWILL BE BASED ON SPECIFICATIONS IN YOUR PORCHASE ORDER PLUSSUBSEQUENT REVISIONS RE!CEIVED BY FOR,MA!; SUBMITTALS.
1 EA 20X6 SS INSTALL & TAP 850.00 850.00
1 EA 20X6 SS TAP SLEEVE 1,121. 84 1,121. 84
2140-2180
1 EA MILEAGE 2.50 2.50
1 EA 6 MJXFLG DI RS VALVE OL 422.20 422.20
1:1
1 EA 6/FLG ACCESS PKG RING 11.12, 11.12WB&N
BEST REGARDS,
JUSTIN MORRIS MARKETING REPRESENTATIVE EJ PRESCOTT-INDIANAPOLIS
i '
l ,
CHANGE ORDER "
APpnOV:o AS TO FORM B
PROJECT: Rangeline Road gth Street (136th Street) Water Main Relocation L ')....) Y.
CONTRACTOR: Yard berry Landscape Exc. Co.
DATE OF CONTRACT: 5/2l/0g
The CONTRACTOR is directed to make the following changes in the Contract Documents as set forth in this
Change Order and attachments:
Description of Change:
1) Add 136st St.: Extend 12" main 120' East to tie into 10"@ 1st Ave $12,960.00
2) g" concrete cap (27CYDS) $ 4,536.00
3) Additional 1" service line (short side) $ 1,500.00
4) Mobilization & Demobilization $ 3,250.00
5) Retest, Chlorinate, Dechlorinate $ 0
6) Hydrant removal $ 500.00
7) Stop 12" @ 96th St NW and install 12" valve, hydrant assemble, $ 3,431.90
Connect to existing 4" main
8) Install 1" tap, 1" curb stop wlbox on new 12" watermain at $ 1,500.00
30 N. 8th St NW
9) Tie 12" watermain in to 6" water main in alley at 31 E 8th St NE $ 7,347.65
& set p for future alley water line replacement
10) Connection: Tap 20" water main northeast of bridge $13,933.50
TOTAL $48,959.05
This Change results in the following adjustment of Contract Price:
Original Contract Price: $219,415.00
Net Increase Resulting From This Change Order: $ 48,959.05
Net Decrease from Credits ($ 25,225.00)
Current Contract Price Including this Change Order: $243,149.05
Approved by: Contractor
--------------------------
-------------------------
"
Approved by: Contractor
Yard berry Landscape Exc. Co.
9940 S. 1000 W
~
LO I?-05r
Date
Approved by: Owner
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Dme: ____________________________
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF ----)
Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary
Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works
and Safety, and Diana L. Cordray, Clerk-Treasure of the City of Carmel, who acknowledged the execution of
the foregoing "Agreement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of ,2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ___ ___
Drue: ___ _____________
----------------------------
----------------------------
--------------------------
Yard berry Landscape Exc. Co.
9940 S. 1000 W
Anderson, IN ~~ ~~ Name anditle :2
L O --(l-0 <8
Date
Approved by: Owner
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
--------------------------
..
STATE OF INDIANA )
) SS:
COUNTYOF __________ )
Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary
Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works
and Safety, and Diana L. Cordray, Clerk-Treasure of the City of Carmel, who acknowledged the execution of
the foregoing "Change Order" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of ,2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ______
Date:
CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: NaA-aJ0.£, Pl.!-\-z
Point of Contact:
Address: q I7.2 (J1QJ2tfr b yeo It U , A:r t-. D
City, State, Zip: -:Inct.pl S· 3:N 4&2~{)
Home Phone: O\1J~'l-O,2q\ Work Phone: ( ) ~na.
Cell Phone: ( ) -SdJY'.Q Fax Number .....( ----')<---_________
For Profit Organization: Non-Profit Organization: Individual: -t-
Day and Date Requested: ~U*1Jrdc:v...f J\'>vR~ (p 1.2.{)(/1
Time Requested: ~:00 a.m.e> to: b;C{) a.m.l~(This includes set-up and clean-up time.)
Rehearsal Date: ((; IS 109 Time: 5 ',00 a.m.e to 7'00 a.m.l0
City Facility Requested: Gazebo $-Fountain Area-X-
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: Electricity L Fountain Restroom L Other _______
Purpose: weclct'\ nca Number of People Expected: 12~
Vendors: Yes No (If yes, please attach list of vendor(s) information.) ---X
Other Requests: City Street Closing (Large Events Only) _---'-l\=O...:..h£~------_
Neighborhood Street Closing (Street(s), Address(es) Blocked) ---,-,Ci<:....in,---=e________' '
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 ;2.3 rtl.day of D t...-h, hoe. r ,200~, by the Office of the Mayor.
Mayor's Office
Revised: 01107
thence South 00 degrees 49 minutes 06 seconds West 140.30 feet parallel with the east line of the
Northwest Quarter of said section to a 5/8 inch rebar with said cap; thence South 89 degrees 10
minutes 54 seconds East 50.00 feet to a 5/8 inch rebar with said cap on the east line of the
Northwest Quarter of said section; thence South 00 degrees 49 minutes 06 seconds West 15.94
feet along said east line to a 5/8 inch rebar with said cap; thence North 89 degrees 54 minutes 50
seconds East 1391.28 feet, more or less, (passing through a point 1341.28 feet on line) parallel
with the south line of the Northeast Quarter of said section to the high water mark of White
River; thence South 21 degrees 35 minutes 49 seconds West 350.06 feet along the high water
mark of said White River; thence South 11 degrees 04 minutes 44 seconds West 427.98 feet
along said high water mark; thence South 06 degrees 20 minutes 28 seconds West 568.01 feet
along said high water mark; thence South 15 degrees 36 minutes 24 seconds West 183.15 feet
along said high water mark; thence South 37 degrees 08 minutes 47 seconds West 76.74 feet
along said high water mark; thence South 02 degrees 57 minutes 20 seconds East 61.15 feet
along said high water mark; thence South 06 degrees 30 minutes 48 seconds West 84.38 feet
along said high water mark to the north property line of the Town of Carmel, as recorded in
Deed Record 270, page 517; thence North 90 degrees 00 minutes 00 seconds West 332.02 feet,
more or less, (passing through a point 50.00 feet on line) along said north line to a 5/8 inch rebar
with said cap; thence South 45 degrees 49 minutes 06 seconds West 1000.53 feet to a 5/8 inch
rebar with said cap on the east line of the Southwest Quarter of said section; thence South 00
degrees 49 minutes 06 seconds West 990.25 feet along said east line to a 5/8 inch rebar with said
cap on the north boundary of 96th Street (as now located, September 1997); thence South 89
degrees 53 minutes 58 seconds West 647.09 feet parallel with the south line of said section and
along the boundary of said 96th Street to a 5/8 inch rebar with said cap; thence North 84 degrees
23 minutes 24 seconds West 100.50 feet along said boundary to a 5/8 inch rebar with said cap;
thence South 78 degrees 35 minutes 22 seconds West 50.99 feet along said boundary to a 5/8
inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 700.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 87 degrees 14 minutes 17 seconds West 100.12 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 250.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence South 84 degrees 11 minutes 20 seconds West 100.50 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 400.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 78 degrees 47 minutes 26 seconds West 50.99 feet along said boundary to a
5/8 inch rebar with said cap; thence South 86 degrees 05 minutes 07 seconds West 150.33 feet
along said boundary to a 5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58
seconds West 40.00 feet parallel with the south line of said section and along said boundary to a
5/8 inch rebar with said cap; thence North 46 degrees 16 minutes 03 seconds West 25.95 feet
along said boundary to a 5/8 inch rebar with said cap on the east boundary of Gray Road (as now
located, September 1997); thence North 00 degrees 21 minutes 37 seconds East 2550.11 feet
parallel with the west line of said section and along the boundary of said Gray Road to a 5/8 inch
rebar with said cap on the north line of the Southwest Quarter of said section, thence North 00
degrees 11 minutes 19 seconds East 2550.51 feet parallel with the west line of said section and
along said boundary to a 5/8 inch rebar with said cap; thence North 45 degrees 03 minutes 34
seconds East 49.49 feet along said boundary to the point of beginning and containing 312.557
acres, more or less.
1342560.vl
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-CITY OF CARMEL
FACILITY USE REQUEST FORM
Name/Organization: NakevvlL P(1 =\-7
Point of Contact:
Address:
City, State, Zip:
Home Phone: (
(11 72Ch,Q£ier b rco It U
1bclplS. 3:N A&2LfQ
j11le8') -02C\\ Work Phone:
-t±p +--D
( ) .)&rYlQ
Cell Phone: ( ) SA.mQ Fax Number .1...(--L.)________
For Profit Organization: Non-Profit Organization: Individual: -t-
Day and Date Requested: ~~1)rd&A-( J\.>YJf Co I :z.oog
Time Requested: j,:00 a.m.8 to: £;; C() a.m.l~(This includes set-up and clean-up timeo)
Rehearsal Date: ((; /51 09 Time: 5 ~ 00 a.m.e to 7 -00 a.m.le
City Facility Requested: Gazebo $-Fountain Area-X-
Caucus Room (1/3) _ (2/3)_ Council Chambers
Special Requests: Electricity L Fountain Restroom L Other _______
Purpose:-weclct°\ Ylg Number of People Expected: 12~
Vendors: Yes No X. (Jfyes, please attach list ofvendor(s) information.)
Other Requests: City Street Closing (Large Events Only) __l\.:......=O-'--'rl£'-\o.-______
Neighborhood Street Closing (Street(s), Address(es) Blocked) "--in!.....:..!::e=---_I'Y!...J-______
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 rtlday of 0 ~--1--0 b-e.-r ,200~, by the Office of the Mayor.
Mayor's Office
Revised: 01107
•
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all
the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to
pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use
Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny or revoke my request for the use of a City facility for any lawful
reason, and that the harmless by me and/or my organization from any damages, costs or expenses incurred directly
or indirectly as a result of such action.
Please sign below and mail the completed form to the Office of the Mayor. One Civic Square. Carmel. Indiana
46032.
Approved this __day of , 200
CITY OF CARMEL, INDIANA
Nata\\e 'Pi \-\-z By and Through its Board of Public Works and Safety
Name of Organization/Applicant
Signature of Authorized A~ent/ James Brainard, Presiding Officer
Applicant Date:___________________
Printed Name and Title (If applicable) Mary Ann Burke, Member
Date:___________________
C({7} ChfsJetbroot (1-. Aft-·DJrJ.p~.
Address of Organization/Applicant 3N~D Lori Watson, Member
Date:________________
Date: lo/23/oB
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date: ____________________
Special Conditions: __________________________________
Request to Use City Property
October 9, 2008
The Board of Directors of the Carmel Farmers Market, an Indiana non-profit
corporation, respectfully requests from the Carmel Board of Public Works and Safety the
following:
Use of Carmel Civic Square, including City Hall South Parking Lot, City Hall
Parking Lot East Extension, parking spaces along the west side of Veteran's Way,
parking around the Civic Square Fountain, use of the Gazebo, use of the lobby and rest
rooms on the first floor of City Hall, use of the Civic Fountain area, and the north lawn of
City Hall from 6 AM until 12 noon each and every Saturday from May 30, 2009 through
September 26, 2009; with the following exceptions;
A. The Market would not be held on Saturday, July 4,2009 so that CarmelFest
can use the grounds.
B. In place of July 4th, we request the use of the grounds, as noted above, for an
evening market on Wednesday, July 1, from 4:00 PM to 8 PM. (Setup would
begin at 4. The Market would not actually open to the public until 5 PM.)
C. Wedding rehearsals, but not set-up for weddings, could be held at the Gazebo
for ceremonies scheduled to take place after 12 noon of the same day.
This request, that no other uses during the hours and days noted be granted,
besides the exception stated above, has been structured in this manner due to the
increased attendance at the Farmers Market which has made for a critical scarcity of
parking spaces for Market visitors.
Submitted for the Board by Ronald E. Carter, President, Carmel Farmers Market, 317
710-0162.
r.
Resolution NO. BPW -11--J1£-OfJ...O~
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE
ADOPTION OF STRUCTURAL AMENDMENTS TO COEXISTENCE AGREEMENT
WHEREAS, pursuant to the Coexistence Agreement, attached hereto as Exhibit A, by
and between the Board of Public Works of the City of Carmel, Indiana (the "BPW") and
American Aggregates Corporation d/b/a Martin Marietta Aggregates ("Martin Marietta"), the
BPW and Martin Marietta entered into an agreement setting forth the rights for each party as
they relate to a parcel of property being condemned by the BPW;
WHEREAS, Martin Marietta and the BPW wish to amend that Coexistence Agreement
as outlined in the Structural Amendments to Coexistence Agreement, attached hereto as Exhibit
B'-'
WHEREAS, the BPW believes these Structural Amendments will be in the best interest
of the City of Cannel and will serve to further define the rights and responsibilities of the BPW
and Martin Marietta as they relate to the property;
NOW, THEREFORE, BE IT RESOLVED AND AGREED by the Board of Public
Works and Safety of the City of Carmel, Indiana, as follows:
1. The BPW hereby authorizes the Stuctural Amendments to the Coexistence
Agreement as outlined in Exhibit B.
2. That the members of the BPW are hereby authorized to execute any and all
documents required in connection with the amendments to the Coexistence Agreement.
3. That the members of the BPW hereby delegate the execution of all documents
required for the condemnation and/or purchase of the property referred to therein to John M.
Duffy, Director of Utilities ("Duffy"), and authorize Duffy to approve non-substantial changes in
form or substance to the Structural Amendments or the closing documents or condemnation
documents as may be necessary or appropriate to accomplish the purposes of this Resolution,
with any such approval to be conclusively evidenced by the authorized execution of such
documents.
.~
STRUCTURAL AMENDMENTS TO COEXISTENCE AGREEMENT
In accordance with the provisions of Section 4 of the Coexistence Agreement dated
September 27 , 2007 ("Coexistence Agreement"), entered into by MARTIN MARlETT A
MATERIALS, INC., a North Carolina corporation, also known and doing business as American
Aggregates Corporation (hereinafter jointly referred to as "Martin Marietta") and the BOARD
OF PUBLIC WORKS OF THE CITY OF CARMEL, a body politic of the state of Indiana
("BPW"), the Coexistence Agreement is hereby amended this _ day of October, 2008, to
include the following provisions.
1. Martin Marietta agrees that it will: (a) begin its benching as described in the
report by Agapito Associates, Inc. entitled "Single Expanded Level Study North Indianapolis
Mine Indianapolis, Indiana" and dated October 2007 (hereinafter referred to as the "Agapito
Report") in an area located 100 feet or more outside the perimeter of the Surface Parcel ("Surface
Parcel" and any other defined terms from the Coexistence Agreement have the same meanings
herein unless otherwise stated); and (b) observe the performance and characteristics of the rock
and adjust the procedure accordingly before proceeding with benching into the area under the
Surface Parcel and within 100 feet of the perimeter of the Surface Parcel; provided, however,
that the failure of Martin Marietta to observe the perfonnance and characteristics of the rock as
referred to in (b) above, and to adjust its procedures accordingly, shall not impose any liability
whatsoever upon Martin Marietta, unless such failure is a willful and wanton disregard of
commercially reasonable standard mining practices which results in damage to property owned
by BPW on the Surface Parcel.
2. Martin Marietta agrees to incorporate a modified pillar design into its mining plan
that leaves rock between select pillars resulting in widened pillars at certain locations under the
access the subsurface mine from an Entrance designated by a representative of Martin Marietta at
the time of such inspections. However, at no time shall BPW, and/or any of its agents and/or
representatives, have the right to proceed to any Entrance(s) for access to the Subsurface Parcel,
until such time as each and every such person shall have received the appropriate safety training
by a duly authorized and designated representative of Martin Marietta pursuant to its then
existing protocol for visitors entering it mines. It is anticipated that prior to entering into any
such Entrance, BPW and/or its agents and/or representatives shall meet at the facility's office
located near 96th Street to receive such safety training. Further, all BPW inspections will be
accompanied by a Martin Marietta representative and at no time will BPW and/or its agents
and/or representatives be allowed to access the Martin Marietta property and/or mine facilities at
any time without being accompanied by a Martin Marietta representative.
During the period after the date Martin Marietta notifies BPW that it is no longer mining
Minerals beneath the Surface Parcel or within 100 feet of the perimeter thereof, but prior to the
date BPW takes possession of the Subsurface Parcel, such inspections shaH be limited to the
times, and to the occurrence of events, described in (i) and (iii) above. Once BPW takes
possession of the Subsurface Parcel, then pursuant to Section 2.G. of the Coexistence Agreement
BPW shall grant to Martin Marietta a subsurface easement permitting Martin Marietta to traverse
the Subsurface Parcel in the manner and for the purposes described in the Subsurface Easement
attached hereto as Exhibit C. Martin Marietta covenants and agrees that BPW's right of entry to
the Subsurface Parcel through the Entrances shall remain in full force and effect both prior to and
foHowing the date BPW takes possession of the Subsurface Parcel, it being understood that
access via the Entrances shall likely be BPW's only means of access to the Subsurface Parcel.
3
such that "611 feet above mean sea level" is replaced with "559 feet above mean sea level"
because the ceiling ofthe mine was misidentified in the Coexistence Agreement.
6. Martin Marietta agrees that, to the extent it decides to lower the floor of the mine
located under the Surface Parcel and within 100 feet of the Surface Parcel, it win use reasonable
and safe mining practices and do so consistent with the design dimensions and recommendations
in the Agapito Report, as the same may be amended from time to time. In the event that any
updates relate to mining under the Surface Parcel or within 100 feet of the Surface Parcel., they
will be provided to BPW. If Martin Marietta decides to make any changes or additions to the
existing mine outside the parameters discussed in the Agapito Report, it agrees to use reasonable
and safe mining practices and hire Agapito or a similarly qualified mining engineering firm to
design and implement those changes or additions. Martin Marietta will notify the BPW if it
decides to make such changes or additions outside the parameters discussed in the Agapito
Report.
IN WITNESS WHEREOF, the undersigned parties have caused the execution of these
Structural Amendments to Coexistence Agreement by their duly authorized officer or
representative as of the day, month and year first above written.
CITY OF CARMEL, INDIANA MARTIN MARIETTA MATERIALS, INC.
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
By: _________________________ By:_____________
James Brainard, President John J. Tiberi, President -Mideast
Division
Date:______________ Date:______________
5
s.remd P~)U~P!ft\Jo W~~~!a
V .LUIIHX:!I
EXHIBIT B
Legal Description and Illustration of the Adjoining Off-Site Property
thence South 00 degrees 49 minutes 06 seconds West 140.30 feet parallel with the east line of the
Northwest Quarter of said section to a 5/8 inch rebar with said cap; thence South 89 degrees 10
minutes 54 seconds East 50.00 feet to a 5/8 inch rebar with said cap on the east line of the
Northwest Quarter of said section; thence South 00 degrees 49 minutes 06 seconds West 15.94
feet along said east line to a 5/8 inch rebar with said cap; thence North 89 degrees 54 minutes 50
seconds East 1391.28 feet, more or less, (passing through a point 1341.28 feet on line) parallel
with the south line of the Northeast Quarter of said section to the high water mark of White
River; thence South 21 degrees 35 minutes 49 seconds West 350.06 feet along the high water
mark of said White River; thence South 11 degrees 04 minutes 44 seconds West 427.98 feet
along said high water mark; thence South 06 degrees 20 minutes 28 seconds West 568.01 feet
along said high water mark; thence South 15 degrees 36 minutes 24 seconds West 183.15 feet
along said high water mark; thence South 37 degrees 08 minutes 47 seconds West 76.74 feet
along said high water mark; thence South 02 degrees 57 minutes 20 seconds East 61.15 feet
along said high water mark; thence South 06 degrees 30 minutes 48 seconds West 84.38 feet
along said high water mark to the north property line of the Town of Carmel, as recorded in
Deed Record 270, page 517; thence North 90 degrees 00 minutes 00 seconds West 332.02 feet,
more or less, (passing through a point 50.00 feet on line) along said north line to a 5/8 inch rebar
with said cap; thence South 45 degrees 49 minutes 06 seconds West 1000.53 feet to a 5/8 inch
rebar with said cap on the east line of the Southwest Quarter of said section; thence South 00
degrees 49 minutes 06 seconds West 990.25 feet along said east line to a 5/8 inch rebar with said
cap on the north boundary of 96th Street (as now located, September 1997); thence South 89
degrees 53 minutes 58 seconds West 647.09 feet parallel with the south line of said section and
along the boundary of said 96th Street to a 5/8 inch rebar with said cap; thence North 84 degrees
23 minutes 24 seconds West 100.50 feet along said boundary to a 5/8 inch rebar with said cap;
thence South 78 degrees 35 minutes 22 seconds West 50.99 feet along said boundary to a 5/8
inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 700.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 87 degrees 14 minutes 17 seconds West 100.12 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 250.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence South 84 degrees 11 minutes 20 seconds West 100.50 feet along said boundary to a
5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58 seconds West 400.00 feet
parallel with the south line of said section and along said boundary to a 5/8 inch rebar with said
cap; thence North 78 degrees 47 minutes 26 seconds West 50.99 feet along said boundary to a
5/8 inch rebar with said cap; thence South 86 degrees 05 minutes 07 seconds West 150.33 feet
along said boundary to a 5/8 inch rebar with said cap; thence South 89 degrees 53 minutes 58
seconds West 40.00 feet parallel with the south line of said section and along said boundary to a
5/8 inch rebar with said cap; thence North 46 degrees 16 minutes 03 seconds West 25.95 feet
along said boundary to a 5/8 inch rebar with said cap on the east boundary of Gray Road (as now
located, September 1997); thence North 00 degrees 21 minutes 37 seconds East 2550.11 feet
parallel with the west line of said section and along the boundary of said Gray Road to a 5/8 inch
rebar with said cap on the north line of the Southwest Quarter of said section, thence North 00
degrees 11 minutes 19 seconds East 2550.51 feet parallel with the west line of said section and
along said boundary to a 5/8 inch rebar with said cap; thence North 45 degrees 03 minutes 34
seconds East 49.49 feet along said boundary to the point of beginning and containing 312.557
acres, more or less.
1342560.vl
•
\
\
\
•
,
,
,
· ....
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the President -Mideast Division of Martin Marietta Materials, Inc., who acknowledged
the execution of the foregoing Memorandum of Inspection Rights, and who, having been duly
sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this __ day of , 2008.
(signature)
(printed name) Notary Public
My Commission Expires: _____ County ofResidence: ________
-3
MEMORANDUM OF INSPECTION RIGHTS
THIS MEMORANDUM OF INSPECTION RIGHTS ("Memorandwn") is entered into as
of the __ day of , 2008, by and between MARTIN MARIETTA
MATERIALS, INC., a North Carolina corporation ("Martin Marietta"), and THE BOARD OF
PUBLIC WORKS OF THE CITY OF CARMEL, a body politic of the State of Indiana ("BPW").
RECITALS
WHEREAS, Martin Marietta and BPW have entered into a certain Co-Existence
Agreement, dated as of September 27, 2007, as modified by that certain Structural Amendments
to Co-Existence Agreement of even date herewith (the "Structural Amendment"), whereby
Martin Marietta and BPW have agreed upon certain matters pertaining to the subterranean
portion of the real estate described on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, pursuant to the Structural Amendment, Martin Marietta has granted to BPW
certain opportunities to inspect the Property, and the parties desire to place this Memorandum of
record for purposes ofadvising interested third parties of such inspection opportunities.
NOW, THEREFORE, the parties hereby state as follows:
1. The recitals set forth hereinabove are incorporated herein by this reference as if
fully restated herein.
2. Martin Marietta hereby acknowledges that it has granted to BPW certain
opportunities to inspect the Property, all as set forth in the Structural Amendment.
3. Reference is hereby made to the entirety of the Structural Amendment for the fun
rights and obligations of the parties hereto.
4. The addresses ofMartin Marietta and BPW for purposes of this Memorandum are
as follows:
Martin Marietta Materials, Inc.
11405 N. Pennsylvania, Suite 250
Carmel, IN 46032
Attn: John 1. Tiberi, President-Mideast Division
With a copy to :
Martin Marietta Materials, Inc.
PO Box 30013
Raleigh, NC 27622
Attn: General Counsel
flMARTIN MARIETTAfI
MARTIN MARIETTA MATERIALS, INC., a
North Carolina corporation
By:
(Signature)
Its: _______--::-=:-:-:-____
(Printed Name and Title)
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
_______, the of Martin Marietta Materials, Inc., who acknowledged the
execution of the foregoing Coexistence Agreement, and who, having been duly sworn, stated that
any representations therein contained are true.
Witness my hand and Notarial Seal this __ day of , 20_
(signature)
(printed name) Notary Public
My Commission Expires: _____ County ofResidence: ________
I affinn, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Jeffery C. Dack.
This instrument prepared by and to be returned upon recording to: Jeffery C. Dack, Ice Miller
LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282-0200.
~
7. Waiver of Subrogation. Notwithstanding anything contained in this Agreement to
the contrary, BPW hereby waives any rights it may have against Martin Marietta on account of
any loss of or damage to the BPW Property, including any personal property or improvements
located thereon. Any and all insurance policies maintained by BPW shall include an
endorsement containing an express waiver of any rights of subrogation by the insurance
company against Martin Marietta.
8. Remedies Upon Breach; Prevailing Party. In the event of breach or threatened
breach of this Agreement, the non-breaching party shall be entitled to any right or remedy at law
or in equity and may institute proceedings for full and adequate relief from the consequences of
said breach or threatened breach. The unsuccessful party in any such proceedings shall pay to
the prevailing party the prevailing party's reasonable attorney's fees and costs incurred in
connection with such proceedings.
9. Amendments. This Agreement may be amended, modified or terminated at any
time, but only by a written instrument executed by the parties and recorded in the Hamilton
County Recorder's Office.
10. No Joint Venture. Nothing contained herein shall be construed as either creating
a dedication or grant of any rights to the public or causing any party to be a joint venturer or
partner of any other.
11. Governing Law. This Agreement shall be governed by and construed pursuant to
the laws of the State of Indiana.
12. Severability. The invalidity or unenforceability of any covenant, condition, term
or provision in this Agreement shall not affect the validity and enforceability of any other
covenant, condition, term or provision.
13. Authority. Each undersigned person signing on behalf of a party hereto certifies
that he has been fully empowered and duly authorized by any and all necessary company or
partnership action to execute and deliver this Agreement and bind such party.
14. Headings. Sections headings in this Agreement are for informational purposes
only and shall have no binding effect.
15. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
[COUNTERPART SIGNATURE PAGES FOLLOW]
3
112182085.5
CROSS-REFERENCES: THE MOST RECENT DEED OF RECORD RELATIVE TO THE EASEMENTS
DESCRIBED HEREIN WAS RECORDED AS INSTRUMENT NO. [ I IN THE OFFICE OF
THE RECORDER OF HAMILTON COUNTY, INDIANA
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made as of the __ day of
________, 20_ (the "Effective Date"), by and between BOARD OF PUBLIC
WORKS OF THE CITY OF CARMEL, a body politic of the state of Indiana ("BPW"), and
MARTIN MARIETTA MA TERlALS, INC., a Delaware corporation, also known and doing
business as American Aggregates Corporation ("Martin Marietta").
RECITALS:
WHEREAS, BPW is the owner of fee simple title to certain real property described on
Exhibit A attached hereto and incorporated herein by this reference (the "BPW Property");
WHEREAS, Martin Marietta is the owner or lessee of certain real estate in the vicinity
of the BPW Property (collectively, the "Martin Marietta Property");
WHEREAS, BPW and Martin Marietta are parties to that certain Coexistence
Agreement dated September 27,2007, as amended by that certain document entitled "Structural
Amendments to Coexistence Agreement" dated , 2008 (collectively, the
"Coexistence Agreement"); and
WHEREAS, pursuant to the terms of the Coexistence Agreement, BPW and Martin
Marietta have agreed that BPW shall grant to Martin Marietta, for the benefit of the Martin
Marietta Property, easements and rights as hereinafter set forth through, across and under the
BPW Property.
NOW, THEREFORE, for and in consideration of the premises, the covenants and
agreements described herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, BPW and Martin Marietta hereby agree as
follows:
1. Recita1s. The above recita1s are hereby incorporated into this Agreement as if
fully set forth herein and are true and correct in all material respects.
2. Easements. BPW hereby grants to Martin Marietta, for the benefit of the Martin
Marietta Property, an exclusive easement through, across and under that portion of the BPW
Property lying below 559 feet above mean sea level (the "Easement Areas") for purposes of (i)
pedestrian, vehicular and mechanical ingress and egress between anyone or more parcels of real
estate adjoining the BPW Property, (ii) gaining access to, transporting, processing or storing
minerals of any kind or nature, including but not limited to sand, gravel and limestone, and (iii)
any other safety measures necessary or convenient for the use of the Martin Marietta Property
112182085.5
I
c EL
JAMES BRAINARD, MAYOR
October 29, 2008
Board of Public Works and Safety
One Civic Sq ua re
Carmel, Indiana 46032
RE: The legacy Towns and Flats -Curb Cut Requests
Dear Board Members:
Mr. Rex King, VP/Director of Construction of the J.e. Hart Company, is requesting a total of eight (8)
curb cuts to provide access to the legacy Towns and Flats development located south of 146th Street on
Community Drive. This project, Docket Number 08020028 DP/ADlS, was approved with conditions by
the Carmel Plan Commission on July 1, 2008.
The curb cuts consist ofthree (3) locations from Community Drive to serve access onto internal private
drives proposed in the development and five (5) locations from Hopewell Parkway to serve access onto
two (2) internal private drives and three (3) parking lot locations. The attached site plan indicates, by
circle legend, these various access points. Alignment with future parkways within the masterplan ofthe
Legacy development was taken into consideration with the proposed locations of the private road
intersections.
The Department of Engineering recommends that the Board approve the requested curb cuts
contingent upon satisfaction of the following requirements:
• In addition to complying with the approved construction plans for the The Legacy Towns and
Flats, the project's contractor shall comply with the provisions of Carmel City Code 6-227(a)(1),
6-27(a)(8), 6-227(b) and 6-227(h).
• The petitioner understands that approval is granted for the curb cuts of access only. All other
items of work shown on the attached exhibit are subject to review and approval by the
Department of Engineering and other Departments of the City as part of a separate approval
process.
• Construction in dedicated Right-of-Way shall comply with all city codes and standards.
• Petitioner shall obtain approval of the construction drawings for all work in the Right-of-Way
from the Department of Engineering prior to commencing any construction work.
D EI'A}{TMENT Of ENGINEERING
ONE CiVIC SQUARE, CAHMEL, IN 46032 OFFICE 317.571.2441 F AX 317.571.2439
EMAIL engineering@c~rmel. in.gov
Page 2 of 2
The Legacy Towns and Flats -Curb Cut Requests
October 29, 2008
Sincerely,
}7!.?/11;1d
Michael T. McBride, P.E.
City Engineer
Enclosure
\\issurappsl\ user data\shared\DHill\BPW08\LegacyTowns&Flats.doc
•
805 City Center Drive # 120 Carmel Indiana 46032 TEL 31 7-573-4800 FAX 317-573-4808 www.HomelslCHart.com .Ie.HART
ML Dick Hill
City of Cannel
Department of Engineering
One Civic Square
Carmel, IN 46032
October 22, 2008
Mr. Hill,
e1qH-B
Please accept this letter as our official request for fettr (?) curb cuts along Community ~ \-\o~v.i0q
Drive for The Legacy Towns and Flats. These curb cuts are noted as 1 through 8 per the
attached PDF. The project will consist of 31 buildings plus a Clubhouse and a pool with
287 apartment units.
Thank you in advance for your assistance in this matter. If you have any questions,
please feel free to contact me.
Sincerely,
;2/. ..:«===-=~
Rex King
VP/Director of Construction
J.c. Hart Company
6 LI L D E R S D E \ E L O P f R 11 A N {; (" E R ~
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THE LEGACY
TOWNS &FLATS
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October 23, 2008
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: 1061h Street Curb Cut -Martin Marietta
Dear Board Members:
Mr. James Shinneman of Weihe Engineers, representing Martin Marietta, has requested approval for one curb cut to
access the Mueller North property for material hauling between the Mueller North extraction operation and the
Carmel Sand Plant.
The proposed curb cut is located at the intersection of 1061h Street and River Road (now vacated by Instrument
#200600062723). The proposed curb cut is 30-feet in width with return radii of 30-feet which is consistent with the
City's standards for a commercial curb cut. The proposed work also includes clearing of existing trees, vegetation
and other obstructions within the right-of-way to achieve adequate sight distance for vehicles travelling on 1061h
Street.
Request for this curb cut relates to a petition for special use filed by Martin Marietta Materials as Docket No.
04040024-SU in Statement of Commitments recorded in the Office of the Recorder of Hamilton County, Indiana on
February 2, 2005 as Instrument Number 200500006560. *Reference Section 2, item (t). (Copy enclosed). This
material hauling route will remove the associated traffic from 961h Street and Hazel Dell Parkway.
The petitioner has indicated that truck traffic will be approximately 6-9 trucks per hour during hauling operations.
"Truck Crossing" signage with warning flashers is proposed for each direction of 1061h Street in advance of the
intersection. Stop signage is proposed for the north/south legs of the intersection so that the trucks will have the stop
condition . Provided that adequate sight distance is provided to the intersection for vehicles travelling on 1061h Street,
the conditions do not satisfy the warrants of the Indiana Manual on Uniform Traffic Control Devices (MUTCD) for
an Intersection Control Beacon (a flashing yellowlflashing red light).
The Department of Engineering recommends that the Board approve the requested curb cut contingent upon
satisfaction of the following requirements :
I. General
a. The petitioner understands that approval is granted for the curb cut access and associated
improvements shown on exhibits only. Any other items of work are subject to review and
approval by the Department of Engineering and other Departments of the City as part of a separate
approval process.
b. Petitioner agrees to furnish , install and maintain all traffic control devices and flashing beacons
associated with this request.
c. The petitioner agrees to enter into a Consent-to-Encroach Agreement with the City for the traffic
control devices and flashing beacons within the right-of-way.
d. Traffic control devices, posts and assemblies installed by the petitioner shall satisfy all legal
requirements for such signage, the requirements of the Indiana MUTCD and shall meet or exceed
the American Association of State Highway and Transportation Officials (AASHTO) standard
specifications for such traffic control devices.
e. Truck crossing signage shall be per the "W8-6" of the Indiana MUTCD.
Dt:I'AHTME'Il OF ENGINEEHING
ONE CiVIC SQLARE, CARIlIEl, IN 46032 OFFICE 317.5712441 FAX 317.571.2439
EMAIL engineering@c:1nnei.ingo\·
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f. Petitioner shall work with the City to adopt the stop signage by ordinance so that they are
enforceable.
g. Trucks associated with the hauling operation may only utilize the crossing between the hours of
8:30 a.m. and 4:30 p.m.
h. Obtain final approval of the sight distance requirements from the Department of Engineering.
i. Review the tree/vegetation removal plan associated with the intersection sight distance with the
City of Carmel Environmental Planner, Mr. Scott Brewer.
j. Provide a Bond payable to the City to assure any damage done beyond ordinary wear and tear to
that portion of 1061h Street utilized by the hauling operation caused by trucks or equipment
associated with the hauling operation is repaired to the City'S standards.
2. Construction Activity
a. In addition to complying with the approved construction drawings for this project, the project's
contractor shall comply with the provisions of Carmel City Code 6-227(a)(l), 6-227(a)(8), 6
227(b) and 6-227(h).
b. The petitioner agrees to meet with the Department of Engineering to develop a traffic control plan
for the installation work. Such plan shall conform to the requirements of the Indiana Department
of Transportation Work Zone Safety Manual and shall be approved by the Department prior to
commencing with the work . Signage for the approved traffic control plan shall be placed in
advance of the work as directed by the Department of Engineering.
c. The petitioner shall contact the Department of Engineering to schedule a pre-construction meeting
to review the Maintenance of Traffic Plan before it is implemented and to review the
Department's construction requirements, required inspections for certain stages of the work and to
review the authority of the Department as it relates to work within the City right-of-way.
d. Two-way traffic shall be maintained at all times on 1061h Street.
e. Work shall not commence before 9:00 AM and shall cease before 3:00 PM. The petitioner shall
notify the Department of Engineering if the work is expected to extend beyond these hours.
f. Construction in dedicated right-of-way shall comply with all city codes and standards.
g. Any damage to the existing improvements within the right-of-way shall be restored to the
satisfaction of the City when the work is complete.
h. Provide all required bonding for the improvements in the right-of-way, including bonding for
construction activity erosion and sediment control measures and for tree/vegetation clearing.
Sincerely,
~?~
Michael T. McBride, P.E.
City Engineer
Enclosures
Z:\Shared\DH iII\BPW08\I06TH STREETCURBCUTM ARMARIETT A. DOC.docx
UliWEIHE
ENGINEERS
B "i I d \1' i I h co nfide 11 c e,
October 22, 2008
Mr. Gaty Duncan, P.E.
City ofCannel-Department of Engineering
One Civic Square
Carmel, IN 46032
Phone: 571-2441
Fax: 571-2439
Re: Martin 1'.,1'arietta -Proposed 1 06th Street Curb Cut
WEI Project No. W08-3015
DearGaty:
This letter ofrequest pertains to a proposed curb cut at the intersection of 106th Street and River
Road (vacated under Instrument 200600062723-see attached). Martin Marietta is making this
request as outlined in the Statement ofCommitments recorded as Instrument #200500006560
(see attached) concerning the use or development ofreal estate made in connection with petition
for special use permit (Docket No. 04040024-SU). Specifically, this request relates to Section 2
(f) of said Commitments. Martin Marietta proposes to use this proposed entrance for crossing
106th Street to access the Mueller North property directly and haul material to the Cannel Sand
Plant across such Mueller North property. The City of Cannel has jurisdiction ofthe Right-of
Way of 106th Street.
Martin Marietta dedicated 45' half width Right-of-Ways on both sides of 106th Street on
September 26, 2005 and was recommended for approval by Mike McBride on October 12,2005
(see attached). Additionally, Martin Marietta requests approval to install two ''Truck Crossing"
warning signs with flashers as well as two Stop Signs for the North/South River Road entrances
in the City's Right-of-Way of 106th Street for safety reasons, which should help alert traffic flow
better around this intersection. We are proposing to remove the existing vegetation/trees, fence
and relocate power poles within the sight triangle established for the posted 30 mph speed limit
on both sides of 106th Street (approximately 400' each way ofthe intersection). Per your
request, we also looked at the sight triangle for a 40 mph limit, which required 535' each way of
the intersection. For purposes ofthis curb-cut, Martin Marietta would be willing to clear such
obstacles to within 500' each way ofthe intersection as a compromise. The private drive is
proposed to be thirty (30) feet wide with thirty (30) foot radii to help accommodate the truck
traffic. We certainly appreciate your time working with us on this request prior to submittal.
10505 N. College Avenue I Indianapolis, IN 46280 I weihe. net I 317 I 846 -6611 I 800 I 452 -6408 Fax: 317 I 843 -0546
Allan H. Weihe, P.E., L.S. -President
Iii WEIHE
E NGINEERS
Martin Marietta respectfully request the proposed curb cut approval from the Board of Public
Works and Safety at the next available meeting, which is November 5, 2008. Ifyou have any
questions or need any additional information regarding this matter, please contact me.
C(:K&-
James K. Shinneman, P.E.
Director, Commercial & Institutional Development
Cc: John Sosnowski, Martin Marietta
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VACATED BY
INST. # 200600062723
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Indianapolis, Indiana 46280
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Proposed Curb Cut location at 106'" Street and River Road Looking Northwest
Proposed Curb Cut location at I06U1 Street and River Road Looking due West
------------
RIGHT-OF-WAY PERMIT
PERMIT NO: ____
Note: Open cuts in pavement require Board of Public Works (BPW) Approval
ADDRESS OF WORK: Jov -tt,. s +ru;. 4 f~V,t...,,' 'Road
DESCRIPTION OF WORK (check all that apply) : Road Bore __ Construction Entrance_
Street Cut_ Driveway Replacement_ Lane Closure __ Road Closure_ Other__
USE OF HEAVY EQUIPMENT (yes or no): YE.S IF YES, TYPE OF HEAVY EQUIPMENT (Bobcat or
larger) TO BE USED: __________________ ______
TODAY'S DATE: tolt.t../o8 ESTIMATED DATE OF WORK: ~LJ Nav~b,f" -zro8
TYPE OF SURFACE TO BE CUT (if appliCable):_*~~l----"-~~±=~------,----------
APPLICANT'S NAME (Person doing the work): tJo~ ~V1. ¥IJ,.,-f Phone: _____
Address: --------------------~--------
WHO IS APPLICANT DOING WORK FOR: Name: Madlvt t1!1af"t-tf-;,..
Address: 43!0 E CJ(pfl.t S+., ~\~J oj Phone: ______
DRA WING ATTACHED (yes or no) ~
NOTE: ON REVERSE SIDE OF THIS PERMIT, PROVIDE NAMES AND CONTACTS OF ALL SUB
CONTRACTORS TO BE INVOLVED IN ON-SITE WORK ON THIS PROJECT. NO+~~t~~+~"'''-
SURETY BOND: Please see Item #1 of the Right of Way Conditions
BONDING COMPANY: BONDING #_ ______
As applicantfor this right-ofway permit, 1 understand and agree to all the specifications and conditions
listed on the attached sheet.
(Applicant's Signature)
PERMIT GRANTED BY:
(City Official) (Date Issued)
REPAIR '''ORK INSPECTED AND APPROVED
I have inspected the repair of the above right-of-way and find it to be completely satisfactory.
(City Inspector) (Date Released)
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JAMES BRAlNARD, MAYOR
October 29, 2008
Board of Public Works and Safety
One Civic Square
Carmet Indiana 46032
RE: Street Barricades/sidewalk closure -Carmel Parcel 47 Art District Lofts, Carmel City Center
Dear Board Members:
Mr. Robert Olson, of CSO Engineers, is requesting approval to place street barricades and 6' chain link
fencing/gates within the City's Right-of-Way to secure the Parcel 47 Carmel Lofts site. Barricade
placement would be from West Main Street north to 1st Street NW and 1st Avenue NW west to 2nd
Avenue NW as shown on the attached exhibit. The petitioner is also requesting closure of the existing
sidewalks surrounding Parcel 47.
It is expected that the barrier and fencing will be installed immediately adjacent to the travel lanes of
the adjacent roadways.
Pedestrian traffic is able to cross at the intersection of 1st Avenue NW and Main Street and at the
Monon Trail.
The Department recommends that the Board approve the request for Street Barricades/6' chain link
fencing/gates provided that:
• The petitioner agrees to work with the Department of Engineering on the establishment of a
detour route prior to closure of the sidewalks.
• Signage identifying the closure and detour route shall be posted prior to closing the sidewalks.
• The petitioner understands that approval is granted for the placement of street barricades and
sidewalk closure only. All other items of work within the block would be subject to review and
approval of the Department of Engineering and other Departments of the City as part of a
separate approval process.
• Undisturbed traffic flow on adjoining streets surrounding Carmel Parcel 47 as stated above shall
be maintained at all times.
DEPAllTMEI\'T OF ENGII\EEIlII\'G
O"'E CIVIC SQUAHE, CAI{MEl, IN 46032 O FFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@c~rl1lel in,go\'
\
• Conditions required as stated in the City of Carmel Sidewalk and Multi-use Path Closure Policy
be met including, but not limited to, the following:
o For any closures lasting more than 30 days, sidewalks and multi-use paths shall be
reopened for use where such facilities can be made safe for users. All costs associated
with implementing provisions to safety open these facilities shall solely be the
responsibility of the Contractor responsible for the work in the work zone. A plan shall
be submitted for the provisions to open these facilities to the public.
o A sign, measuring at least 18" by 12", shall be posted on all sides of the closure stating
the date which the sidewalk or path will re-open . The sign shall read, "Closed until (date
approved by Engineering permit). If closed after this date, the Department of
Engineering shall be notified.
Sincerely,
j;1,771lU
Michael T. McBride, P.E.
City Engineer
Enclosure
\\Issu ra pps 1 \user data \sha red\DH ill\BPW08\PARCEL4 7CITYCE NTERBARRICAD E.DOC
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JAMES BRAl NARD , MAYOR
October 29, 2008
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: Street Barricades/sidewalk closure -Carmel Parcel 47 Art District Lofts, Carmel City Center
Dear Board Members:
Mr. Robert Olson, of CSO Engineers, is requesting approval to place street barricades and 6' chain link
fencing/gates within the City's Right-of-Way to secure the Parcel 47 Carmel Lofts site. Barricade
placement would be from West Main Street north to 1st Street NW and 1st Avenue NW west to 2nd
Avenue NW as shown on the attached exhibit. The petitioner is also requesting closure of the existing
sidewalks surrounding Parcel 47.
It is expected that the barrier and fencing will be installed immediately adjacent to the travel lanes of
the adjacent roadways.
Pedestrian traffic is able to cross at the intersection of 1st Avenue NW and Main Street and at the
Monon Trail.
The Department recommends that the Board approve the request for Street Barricades/6' chain link
fencing/gates provided that:
• The petitioner agrees to work with the Department of Engineering on the establishment of a
detour route prior to closure of the sidewalks.
• Signage identifying the closure and detour route shall be posted prior to closing the sidewalks.
• The petitioner understands that approval is granted for the placement of street barricades and
sidewalk closure only. All other items of work within the block would be subject to review and
approval of the Department of Engineering and other Departments of the City as part of a
separate approval process.
• Undisturbed traffic flow on adjoining streets surrounding Carmel Parcel 47 as stated above shall
be maintained at all times.
DEPARTMENT OF E i'\GINEEH I\'G
O".iE CiVIC SQUARE, CARl-lEI., IN 46032 OFFICE 317.571 .244 1 F AX 317.571.2439
E ~IAI L engineering@ctrmel.in.go\
• Conditions required as stated in the City of Carmel Sidewalk and Multi-use Path Closure Policy
be met including, but not limited to, the following:
a For any closures lasting more than 30 days, sidewalks and multi-use paths shall be
reopened for use where such facilities can be made safe for users. All costs associated
with implementing provisions to safety open these facilities shall solely be the
responsibility of the Contractor responsible for the work in the work zone . A plan shall
be submitted for the provisions to open these facilities to the public.
a A sign, measuring at least 18" by 12", shall be posted on all sides of the closure stating
the date which the sidewalk or path will re-open. The sign shall read, "Closed until (date
approved by Engineering permit). If closed after this date, the Department of
Engineering shall be notified.
Sincerely, ·/Il~~?IU
Michael T. McBride, P.E.
City Engineer
Enclosure
\\Issu ra pps 1 \use r data \sha red\DHiII\BPW08\PARCEL47CITYCE NTERBARRICADE .DOC
October 22, 2008
Mr. Mike McBride
City of Carmel Engineering Dept.
One Civic Square
Carmel, Indiana 46032
Ref: Carmel Parcel 47 Art District Lofts, Carmel City Center
CSO Project No. 28109HC
Dear Mike:
We are requesting to be placed on the November 5, 2008 Board of Public
Works agenda for the approval to installation street barricade around
Carmel Parcel 47, Carmel Lofts project located within the block of
West Main Street north to 151 Street NW and 151 Avenue NW west to
2nd Avenue NW. Hamilton County, Carmel Indiana. See Exhibit "A".
If you have any questions please feel free to contact me at your
convenience.
Respectfully Submitted ,
Robert R. Olson
CSO Engineers
cc: Les aids, file
Attachment
6)
CSO Architects
PROJECT NAME
PROJECT NO.
TB6
PARCEL 47 SITE DEMOLITION DATE 10/25/08
28109 DWG , ____
______________ DRAWN BY KM
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WATER FILLED BARRIE
W/CHAIN UNK (6' HG
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BARRIER/SECURITY PLAN
SCALE: 1" = 100'
SUPPLEMENTAL DRAWING
'
0' 50' 100' 200'
SCALE: 1" = 100'
ARCHITECTURE· INTERIOR DESIGN
280 East 96th Street. Suite 200 . Indianapolis. Indiana 46240 . Main 317.848.7800 . Fa.x 317.574.0957 . csoinc.net
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Sidewalk and Multi-use Path Closure Policy \. '''DI.II~ /
Pursuant to Carmel City Code § 6-48 and § 6-5J. obstruction. damage. and/or removal of
sidewalks shall be prohibited. However. in instances which necessitate the temporary closure
of a sidewalk or multi-use path, proper permits shall be obtained pursuant to Carmel City Code
§ 8-62, § 8-63 and § 8-65.
This policy provides the requirements and guidelines which will be used by the City Engineer
anellor Board of Public Works & Safety when considering approval for the temporary closure of
sidewalks and/or multi-use paths in work zones. Approval may be conditioned upon one or more
of the following:
The level of accommodation necessary to provide access for pedestrians and bicyclists
through or around work zones shall be assessed for each project where pedestrian and
bicyclist access is to be maintained.
This assessment shall account for the volume of pedestrian, motor vehicle, bicycle, and
other traffic in and around the work zone. The observed absence of pedestrians and
bicyclists shall not preclude the need for accommodating such traffic if there is an
existing sidewalk, trail or multi-use path. or if there is evidence of existing pedestrian.
bicycle, or other traffic activity.
The needs and abilities of a diverse pedestrian and bicycle population shall be considered,
evaluated, and adequately accommodated through or around work zones. This
population includes people with disabilities, infirmities, children, elderly persons, etc.
• Sidewalks and multi-use paths shall be closed only for the shortest amount of time as
required by the project or for the period of time stipulated by the City or as a condition of
approval of the project.
• For any closures lasting more than 30 days, sidewalks and multi-use paths shall be
reopened for use where such facilities can be made safe for users. All costs associated
with implementing provisions to safely open these facilities shall solely be the
responsibility ofthe Contractor responsible for the work in the work zone. A plan shall
be submitted for the provisions to open these facilities to the public.
Where there are sidewalks or multi-use paths on both sides of a road, work shall be
staged so that one sidewalk or multi-use path remains open and accessible at all times. If
one sidewalk or multi-use path is closed. users shall be directed to the other sidewalk by
crosswalks, appropriate signage, and. if necessary, signals. Users shall be diverted from
the closed sidewalk at the first intersection crossing in advance of the work zone. Mid
block crossings shall not be allowed unless provisions can be made to do so safely.
-I
Walkways under, or adjacent to, elevated work activities such as bridges, retaining walls,
exterior building finish work shall be required to provide a protective roor, protective
shielding. etc. at the discretion orthe City.
A sign. measuring at least 18" by 12"". shall be posted on all sides orthe closure stating
the date which the sidewalk or path will re-open. The sign shall read. "Closed until [date
approved by Engineering permit]. If closed after this date. please call the City Engineer's
Office. 571-2441."
DETOURS:
Ifsafe access and passage lor pedestrians and bicyclists cannot be maintained
continuously through the work zone, a sare, continuous detour shall be provided and
approved as part or the permit.
• When approved construction activities will close an existing sidewalk or multi-use path,
or result in major disruption to the facility, advance notice to pedestrians shall be
provided. Closure or detour signs shall be erected per the approved plan 7 days in
advance of the closure.
Signs and rencing shall be used to direct users away from unsare areas. Detours shall be
the most direct path possible and shall not be inconvenient or too circuitous.
• On-site detour routes shall be well marked, safe, efficient, continuous, and easy to
traverse. The detour routes shall be maintained free of obstructions and hazards,
including but not limited to tripping hazards (i.e. lip heights at manholes, etc.), holes,
debris, mud, construction equipment, stored materials, etc. Detours shall, at a minimum,
be a stable, firm, and slip resistant all-weather compacted gravel or stone surrace or other
material capable of meeting these requirements.
• Posted signs and other traffic control devices shall not be a hazard to pedestrians or
bicyclists.
PENALTIES.
• When obstructions occur in streets, alleys or sidewalks, Carmel City Code § 8-64 enables
the Chief of Police, or his designee, to remove such obstruction. The cost of removing
such obstruction may be recovered from the person causing the obstruction irthe City
gave such person notice to remove the obstruction, within 24 hours from the receipt of
the notice.
• All other violations, including failure to obtain proper City approval to close a sidewalk
or multi-use path, may be enforced pursuant to Carmel City Code §l-ll, resulting in a
fine of not more than $2,500 for each violation. Each day a violation is committed or
permitted to continue shall constitute a separate offense.
• Where applicable, further City approvals, permits or certi ficates of occupancy on the site
may be withheld pending compliance.
-2 -
Fonnatted: Bulleted + level: 1 + Aligned at:
0.25" + Tab after: 0.5" + Indent at : 0.5"
..
October 29, 2008
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
RE: Lane Restriction Request -CRC Parcel 67 Streetscape Project
Dear Board Members:
Mr. Brett Rose has requested approval to restrict travel lanes as required to complete the work associated with the
CRC Streetscape project adjacent to the Indiana Design Center.
The work requires closure of a portion of the southbound lane of traffic of Rangeline Road between I SI Street and 3rd
Street. The work also requires the closure of a portion of the eastbound travel lane of ISI Street SW between
Rangeline Road and lSi Avenue SW.
Engineering has worked with the petitioner to develop a Maintenance of Traffic Plan for these restrictions. The plan
will maintain one lane of travel in each direction on Rangeline Road by temporarily using one of the northbound
travel lanes for southbound traffic. Traffic on ISI Street SW will be maintained with flaggers.
The restrictions shall be in-place between the hours of 9:00 a.m. and 4:00 p.m. Roadways shall be completely open
to traffic outside of these hours. The restrictions shall be allowed between the hours of 7:00 p.m. and 6:00 a.m . with
written approval by the City Engineer.
The work is expected to commence immediately after Board approval of this request, if granted.
The Department recommends that the Board approve this request conditioned upon implementation of the
Maintenance of Traffic Plan developed by the petitioner in conjunction with the Department of Engineering. S;;;:n&d
Michael T. McBride, P.E.
City Engineer
Enclosures
Z lsharedlDH jIIIB PW081CRCPA RCEL67LAN ERESTR lCTION .doc
DEPARTMECiT OF E NGINEEHING
O ,\E CIVIC SQUARE, CARAtEL, IN 46032 OFFln 317.5712441 FA.,'< 317.571.2439
EMAIl. engineering@carrn el.in.go\'
"
Hagerman Construction Corporation
HAGERMAN • General • Engineers • Construction
Contractors Managers
Corporate Offices:
510 West Washington Blvd. 7930 Castleway Drive
PO. Box 10690 Indianapolis. IN 46250
October 23,2008 Fon Wayne. IN 46853-0690 Phone (317) 577-6836
Phone (260) ~24-1470 Fax (317) 577-6841
Fax (260) 422-3129
City of Carmel
One Ci vic Square
Carmel, IN 46032
ATTN: Gary R. Duncan
Fax: 317-571-2439
RE: Parcel 67 Streetscape
HCC Job #:082691A
Traffic Plan Submittal
Dear Mr. Duncan:
We are providing a traffic control management plan for 'Parcel 67 Streetscape Project' for the Indiana
Design Center. Please place this on the agenda to be reviewed for approval at the next City of Cannel
board meeting.
Hagerman Construction Corporation would like to begin work prior to the board meeting in order to
expedite the schedule. The impending winter weather will have a direct impact on schedule completion.
Your immediate attention to this matter is appreciated. Please contact me at your earliest convenience to
discuss any possibility of approval prior to the next board meeting.
Sincerely,
HAGERMAN CONSTRUCTION CORPORATION
-~
<------j~~.~
Brett Rose
Asst. Project Manager
W / Attachments
CC: Field Superintendant
File [Job Corr Sent]
,
EL
July 31, 2008 JAJ\lE~ BRAJ!'IAHD, MAYO II
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: PUBLIC ALLEY VACATION
Dear Board Members:
Mr. Trent Newport of CrossRoad Engineers, representing the Carmel Redevelopment Commission (CRe)
and the Keystone Development Company, has requested the Board provide a favorable
recommendation to the City Council for the vacation of public alleyways. One alley runs from Main
Street to 1st Street NW and the second runs from 1st Avenue NW to 2nd Avenue NW. Both alleys are
located in the former Simeon Hawkins Addition to Bethlehem (now known as Carmel).
The vacation of these alleyways is associated with the future Carmel Redevelopment Commission (CRe)
project to construct mixed use development contained within the entire above stated block. Proposed
construction consists of a four story complex above ground with two levels below grade for parking.
This project will not require public alleyways within its boundaries. Keystone Development Company
obtained approval from the CRC on June 18, 2008 to begin the design to redevelop this block.
We have reviewed the legal descriptions and exhibits provided in support of the Petition to Vacate
Public Alleyways which the Board will consider at the August 20, 2008 meeting. Per the current City
procedure for vacating public right-of-way, the Department of Engineering is responsible for reviewing
the legal descriptions and exhibits provided for the vacation. Based upon the information provided to
the Department of Engineering, the legal descriptions and exhibits appear to accurately describe and
depict the public right of way to be vacated.
Sincerely,
7;t.774~
Michael T. McBride, P.E.
City Engineer
Enclosures
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0,,1 CI\I' SQlAHI, CARIIH, IN 4M32 OI-iICI: 317.571.2441 FAX 317,'5712439
E.\IAIL L'ngll1e, rin,LlVi'ur!lll'l.ill.g<)\'
,
WHEREFORE, the Petitioner respectfully requests the vacation of the above described
Public Way.
ent Commission
LL.s' ..5. O("CJS
Date
State of Ind iana )
)SS:
County of Hamilton )
Before me, a Notary Public in a for said County and State, personally appeared
l~~ ~. old! , and acknowledged the execution of the foregoing "Petition to
Vacate" as hislher voluntary act and deed.
WITNESS my hand and Notorial Seal this ~~ay of <Oc. hbu , 200.1.
~~J.rY::j.~
Notary Public
~rrt j. H;~IL~
(Printed Signature)
My Commission Expires:
kJ,.\ltm b4.r 5 I ~1(,
My County of Resisdence:
~t"f'\.lhl\
/~e;:~\ \'ii;#J
SHERRY S, MIELKE
Hamilton County
My Commission Expires
November 5,2016
, ALLEY VACATION
EXHIBIT 'A'
PART OF &lEON HAWKIII ADDITIOII TO I!T1I.IHDIIIIOW CARII!LI, AN ADDITIOII It HAaTOIL COUNTY, IIMAJIA, AS P!R PLAT
TlEREOF, RECORDED It DUD RECORD 10, PAGE 441, It TIl! OFFICE OF TIl! RECORDER OF HAaTOIL COlIITY, INDIANA, more
particularly described as follows:
The East-West alley, 10 feet in width, going from the Eost right-of-way line of 2nd Avenue NW to the West right-of-way line
of 1st Avenue NW, said Alley being adjacent to Lots 4, 5, 6, 7, 8 and 9 in said Simeon Hawkins Addition.
ALSO.
PART OF _ON HAWKIII ADDITION TO BET1LEHDIIIOW CARIIEU, AN ADDITION It HAaTON COUNTY, INDIANA, AS PER PLAT
TlEREOF, RECORE It DEED R!CORD 10, PAGE 441, It TIl! OFFICE OF TIl! RECORDER OF HAaTOIL COlIITY, INDIANA, more
particularly described as follows:
The North-South alley, 10 feet in width, going from the North right-of-way line of Main Street to the South right-of-way line
of 1st Street NW, said Alley being adjacent to Lots 5, 6, 8, 9, 13 and 14 in said Simeon Hawkins Addition.
ALSO.
PART OF MTRtIEIIT ....a 2OOSOOOI8087,
BEING PART OF _011 HAWKIII ADDITION TO BrTll.!ll!llIIOW CARII!LI, AN ADDITIOII It HAaTOIL COlIITY, IIMAJIA, A8 PER
PLAT TlEREOF, RECORDED It DEED RECORD 30, PAGE 441, It TIl! OFFICE OF TIl! RECORDD OF HAaTOIL COlIITY, INDIANA,
more particularly described as follows:
BE....a at the Southwest Comer of Lot 8 In said Subdivision; Thence East on the South Line of said Lot 8 a distance of
41.90 feet; Thence North parallel to the West Line of said Lot 8 a distance of 4.00 feet; Thence West parallel to the South line
of said Lot 8 a distance of 41.9 feet to the West Line of said Lot 8; Thence South on said West Line to the PLAC! OF
BE....a.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that the above description was
prepared by me, or under my direct supervision, on July 28, 2008 from the Simeon Hawkins Addition to Bethlehem Plat, found in
the Office of the Recorder of Hamilton County, Indiana as Deed Record 30, Page 441.
;;;{/77~PREP ARED BY:
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
Transportation &
Development Consultants
3411 !Kbilillia. IIOI CJQlIl46101 {JI1) 71H!6)
"
City of Carmel, Board of Public Works and Safety:
Approved on this day of , 20_"
Mayor, James Brainard
Member, Mary Ann Burke
Member, Lori Watson
ATIEST:
Diana l. Cordray, Clerk Treasurer
I,
, APPROVED }!nlW(
APpaOVCD AS TO FORM B~
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Timothy 1. Clifford and Mary Ellen Clifford, 1604 Quail Glen Court, Cannel, Hamilton County, Indiana
46032, (individually and collectively, "Owner"), and the City of Cannel, Hamilton County, Indiana, by
and through its Board ofPublic Works and Safety ("City"),
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 53 ("Lot") in the Fairgreen Trace Subdivision which is
located within the corporate limits ofthe City of Cannel, Indiana ("Subdivision"), which real estate is
more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 2, Slide Number 675
as Instrument Number 200100067204 in the Office of the Hamilton County Recorder on October 19,
2001, as Fairgreen Trace, Phase II; and
WHEREAS, the current Owner wishes to construct a retaining wall and patio on the Lot (the "Site
Improvements"); and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site
Improvements on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
leb:msword:y:lsbarod\Ipicl«a\fomtS~ 10 a><rooch\clifford <Ie (wall, paIio).doc:I0111/08) 1
,
WHEREAS, the Site Improvements will be constructed on a portion of the Lot designated as a
Sanitary Sewer Easement (the "Easement"), identified as "Permanent Sewer Easement Town of Carmel"
on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachments") upon the Easement, which Encroachments are crosshatched on Exhibit B; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval ofexisting or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and defmitions 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 all of the terms and provisions of this Agreement.
Icb __:y:'oharodIIpickelllfonnslconsmls to CDCI"OOCh~fford de (wall, patio).cIoc :10181(8) 2
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site Improvements from what is depicted on Exhibit B, and to
maintain the site improvement in good condition and repair.
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 the Easement, or for any other lawful
purpose, and that, should the City take such action, the City shall incur no obligation to
repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site
Improvements, the Lot, or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or
death, and from any destruction or damage to any property or improvements, located on the
Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 11
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in, on, under, across or to the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Site
Improvements.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
Icb:rnsword:y:\sharocI\IpicI<ealforms",,"-u co cncmoch\clifford de (wall. patio).doc:10Il101) 3
./
to provide to City a recorded copy of same within ten (10) business days of the effective
date of this Agreement. In the event this Agreement is not timely recorded by Owner,
Owner agrees and consents to City recording same, at Owner's sole expense.
8. The parties agree that the terms ofthis Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf ofthe party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and
others who acquire by or through Owner any interest in the Lot on and after the effective
date of this Agreement.
"OWNER" "CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
James Brainard, Presiding Officer
Date: ______________
Mary Ann Burke, Member
Date: ______________
Lori Watson, Member
Date: ______________
Icb:II1Jword:y:IJh>ml\Ipi<i<...lfoons'«>os<ntJ 10 _ro.ldIldiffotd ell: (.-.11. potio).doc 10Il1081 4
.I
ATTEST:
Diana Cordray, lAMC, Clerk-Treasurer
Date:
Icb·mswortl:y.l5harcd\lpiclccnlforms\oonsenU 10 cucroacb'<:liffonl de (will, patio) doc. 10/8/08] 5
BOARD OF PUBLIC WORKS & SAFETY SPECIAL MEETING
MINUTES
WEDNESDAY, OCTOBER 22, 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; Deputy Clerk Treasurers Sandra Johnson
BID OPENING/ AWARDS
Bid Award/or the Eastside Salt Facility and Storage Building Expansion; MacDougal Pierce
Construction ($1,362,333.00); Board Member Burke moved/or approval. Board Member
Watson seconded. Request approved 2-0.
CONTRACTS
Request/or Purchase o/Goods and Services; MacDougal Pierce Construction (Bid Award;
$1,362,333.00) Board Member Burke moved to approve. Board Member Watson seconded.
Request approved 2-0.
ADJOURNMENT
Board Member Burke adjourned the Meeting at 10:02 a.m.
Diana L. Cordray, IAMC
Clerk-Treasurer
Approved,
Mayor James Brainard
ATTEST:
Diana L. Cordray, IAMC
Clerk-Treasurer
/
STATE OF INDIANA )
[j )SS:
COUNTY oFdmi Ih n )
Before me, a Notary Public in and for said County and State, personally appeared TIMOTHY 1.
CLIFFORD and MARY ELLEN CLIFFORD, by me known, and who acknowledged the execution of the
foregoing "CONSENT TO ENCROACH" as his or h~r voluntary act and deed.
tf4--()
Witness my hand and Notarial Seal tlrisd4:!-~~bw . ' 20t::.'tl. ~1rwtJ ._NOTAR URIC
My Co~~~~~mres:
~ir1t{J. L. ~r u h1'1NOTARY PUBLIC STA'IE OF INDIANA
HAMILTON COUNTY
Printed Nru r f¥GDl4'''';>~'i , (, i ", ,. H • L.'~..
My County of Residence: Hat'VI" I~
STATE OF INDIANA )
) ss:
COUNTY OF .HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Members of the City of Cannel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this __ day of ,20_.
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence: _________
I afflrm, under the penalties for peIjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law. This instrument was prepared by Douglas C. Haney,
Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032.
(cb:ms",onl1'~'«l<u<Wto =ch1dilfon! a. (w:I1I.1=0).doo' '0l1I0II) 6
Requestfor Amendment (61h) to Employee Health Benefit Plan; Mayor Brainard Moved 10
Approve. Board Member Burke seconded. Request approved 3-0.
Requestfor Secondary Plat Approval; Larkspur, Phase 2; Mayor Brainard Moved to Approve.
Board Member Burke seconded. Request approved 3-0.
Requestfor Utility Agreement; 1361" and Keystone; Duke Energy; ($94,684.00); Mayor
Brainard Moved to Approve. Board Member Burke seconded. Request approved 3-0.
Request for Consent to Encroach; 1361
" and Schaefer; Mayor Brainard Moved to Approve.
Board Member Burke seconded. Request approved 3-0.
Request for Dedication ofRight ofWay; Carmel 2002 School Building Corporation; Shelborne
Road; Mayor Brainard Moved to Approve. Board Member Burke seconded. Request approved
3-0.
Request for Dedication ofRight ofWay,' Carmel 2002 School Building Corporation,' 1261h
Street,' Mayor Brainard Moved to Approve. Board Member Burke seconded. Request approved
3-0.
Request for Dedication ofRight ofWay Carmel Clay Schools; Guilford Road,' Mayor Brainard
Moved to Approve. Board Member Burke seconded. Request approved 3-0.
ADJOURNMENT
Mayor Brainard adjourned the Meeting at 10:33 a.m.
Diana L. Cordray, IAMC
Clerk-Treasurer
Approved,
Mayor James Brainard
ATTEST:
Diana L. Cordray, IAMC
Clerk-Treasurer
--
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 36, Township 18
North, Range 3 East, in Clay Township, Hamilton County,
Indiana
Lot #53 in the Fairgreen Trace Phase 2 subdivision. Recorded
in the Office of the Hamilton County Recorder on October 19,
2001 in Plat Cabinet 2, Slide 675 as Instrument #
200100067204.
EXHIBIT "A"
Resolution No. BPW-iO-i5-0B-04; Village Green Townhomes, Section 2; Curb & Gutters,
Water Mains, Sanitary Sewers, Storm Sewers, Street Signs, Asphalt Path; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 3-0.
CONTRACTS
Requestfor Purchase ofGoods and Services,· Pearson Ford (Bid Award -$122,340.00); Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request for Purchase ofGoods and Services; Consolidated Fleet Services; ($2,275.00),· Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request for Purchase ofGoods and Services,· Earth Exploration; ($101,550.00); Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services,· Total Fire Group; ($273,129.00),· Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services,· Moss Glass Company,' ($3,165.00),· Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Requestfor Purchase ofGoods and Services; Change Order #3,' E&B Paving; J3r'Street
Towne -Shelborne (Decrease $3B.45); Board Member Burke moved to approve. Board Member
Watson seconded. Request approved 3-0.
REQUEST TO USE CITY FACILITIES/STREETS
Request to Use Gazebo, Common Areas and Grounds; Carmel Fest,' July 2, 3 & 4, 2009,· Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Request to Use City Streets; Run,' Saturday, October 25, 200B; 11:30 a.m. to 11:00 p.m.,' Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
OTHER
Resolution NO. BPW-I0-15-0B-05; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Setting 2009 Employer and Employee Contribution Rates; Mayor Brainard Moved to
Approve. Board Member Burke seconded. Request approved 3-0.
Resolution NO. BPW-I0-15-0B-06,· A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Suspending Employer and Employee Health insurance Contributions; Mayor
Brainard Moved to Approve. Board Member Burke seconded. Request approved 3-0.
Resolution NO. BPW-I0-15-0B-07; A Resolution ofthe City ofCarmel Board ofPublic Works
and Safety Ratifying the Mayors Signature,· Mayor Brainard Moved to Approve. Board Member
Burke seconded. Request approved 3-0.
,
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PER PlAN
PREP ARED FOR TRINI TY HOMES
PLOT PLAN LOT # 53
FAIRGREEN TRACE
NOTE: GARAGE F.F.E. ISPHASE 2 PROPOSED TO BE 4 .. 3' ABOVE
CURB AT DRIVEWAY PER PLANINSTR . # 200100067204
P. C. # 2 SLIDE # 675
1604 QUAIL GLEN COURT
[)(H I BII B
Bid Opening for Keystone Water Transmission; Mayor Brainard opened and read the bids
aloud.
Company Base Bid
3-S Construction $1,297,108.00
Yardberry $1,965,802.00
Infrastructure Contractor $1,427,511,72
F&K Construction $1,023,450.00
Gradex, Inc $1,615,315.50
Deichman $1,142,080.00
Veolia Water $1,241,724.00
Howell Contractors $1,248,980.00
Cufy Construction $1,158,361.00
Brackney, Inc. $1,378,250.50
Millennium Construction $1,481,929.00
Tramco $1,222,845.00
Central Engineering $1,396,929.82
Poindexter $ /,J53,964.89
Atlas Excavating $ 956,300.00
Eagle Valley $1,102,642.00
The bids were given to John Duffy, Director ofthe Department ofUtilities, for review and
recommendation.
Bid Opening for Video Monitoring System; Mayor Brainard opened and read the bids aloud.
Company Base Bid
Morphey Construction $314,885.00
Koorsen Fire $270,778.00
The bids were given to ChiefFogarty, for review and recommendation.
Bid A ward for the 1361h and Keystone Water Main Project; Millennium Contractors;
$164,700.00; this was the lowest and most responsive bid; There was briefdiscussion. Mayor
Brainard moved to table the item. Board Member Burke seconded. Item tabled 3-0.
PERFORMANCE RELEASES
Resolution No. BPW-JO-J5-08-0J,' Red Robin Gourmet Burgers; Erosion Control; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-J 0-15-08-02; Clay Terrace Boulevard; Left Turn Lane; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-10-15-08-03; ViI/age Green Townhomes, Section 1; Curb & Gutters,
Water Mains, Sanitary Sewers, Storm Sewers, Street Signs; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 3-0.
., APP"OY::O AS TO FORM BY#
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, WOODS SWIM CLUB,
INC., a corporation and as the fee owner of certain real estate, (hereinafter collectively referred to as
Grantor), for and in consideration of the sum of Ten and 00/100 DOLLARS ($10.00) and other
valuable consideration and the replacement of such existing improvements as described below in
hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby
GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana
municipal corporation, its successors and assigns (hereinafter referred to as Grantee), a perpetual
easement under the real estate located in Hamilton County, Indiana, and described in Exhibit A
attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing,
maintaining, operating, inspecting, altering, replacing and removing water line and equipment. If the
water line and/or equipment are installed in good faith in a location other than the location that is
described and depicted in Exhibit A, then, and in that event, the easement area that is defined in this
instrument shall be conclusively deemed to include the strip of land that is centered on the line or
equipment as installed, and in such an event, the Grantors, jointly and severally, and the Grantee,
shall join in the execution and acceptance of an appropriate substitute easement instrument if either
the Grantors or the Grantee shall deliver to the other a written request for such a substitute easement
instrument. Grantor reserves the right to sell the real estate affected by this easement.
Grantee shall have the right of ingress and egress over, under, upon and across the easement
area, for purposes of access to the easement area. Said easement also includes the rights and
privileges to temporarily use, from time to time, additional space, where available and necessary, that
is adjacent to the easement area for equipment and materials necessary for the installation, repair and
maintenance of Grantee's water line and equipment located in, under, the easement area, to do all
acts and things requisite and necessary for the full enjoyment ofthe easement hereby granted, and for
nearby property owners, their grantees, successors, agents, or employees, to connect the premises of
such nearby property owners by service pipes to the lines and/or equipment installed by Grantee
within the easement area, provided such nearby property owners, their grantees, successors, agents,
or employees rebuild the portion of the Grantors' property disturbed by their work to a condition that
is the same or better than the condition that existed just prior to the time the portion was disturbed by
the Grantee. Grantee also shall have the right from time to time to remove all trees, undergrowth,
structures and/or other obstructions above, within, under, or immediately surrounding the easement
area which may injure, endanger or interfere with Grantee's use and enjoyment of this easement, all
of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth herein,
provided, however, that Grantee shall not remove improvements on the real estate without the prior
written approval of Grantor.
BOARD OF PUBLIC WORKS & SAFETY MEETING
MINUTES
WEDNESDAY, OCTOBER IS, 2008 -10:00 A.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
Mayor Brainard called the meeting to order at 10:02 a.m.
MEMBERS PRESENT
Mayor James Brainard; Board Members, Mary Ann Burke, Lori Watson; Deputy Clerk
Treasurers Sandra Johnson and Lois Fine
MINUTES
The Minutesfor the October 1,2008 Regular Meeting were approved 2-0
BID OPENING/ A WARDS
Bid Opening for Keystone and 1361" Street Intersection; Mayor Brainard opened and read the
bids aloud.
Company Base Bid Alternate I Alternate 2A Alternate 2B
Milestone Contractors $16,185,000.00 $ 15,590,000.00 ($146,426.50) ($153,913.50)
HIS Constructors $14.936,834.00 $16,916,197.66 ($47,048.32) ($47,048.32)
Rieth Riley $14,995,005.00 $15,330,746.00 None None
Walsh Construction S14, 929,880. 00 S 14,281 ,439.37 (S9,143.50) (S9,143.50)
The bids were given to Michael McBride, City Engineer, for review and recommendation.
Bid Opening for Keystone 1161"/Carmel Drive Traffic Maintenance; Mayor Brainard opened
and read the bids aloud.
Company Base Bid
Berns Construction $3,632,204.43
Rietil Riley S2,216,400.00
Poindexter $2,25 7,800. 75
Walsh Construction $2,51 7,086.98
Crider & Crider $2,487,806.64
Calumet $2,575.000.00
The bids were given to Michael McBride, City Engineer, for review and recommendation.
...
Grantee acknowledges that the easement area currently contains improvements. Grantor, its
successors or assigns, shall be pennitted to erect or maintain any improvements that are consistent
with the improvements that currently exist on the easement area such as tennis courts, parking lots,
lighting, fencing, landscaping, pools, clubhouse, etc. Grantee, at its sole cost and expense, shall
repair or replace all structures and improvements damaged by Grantee by its use of the easement. If
any damage is done to the tennis courts, Grantee shall repairlreplace the entire tennis courts with a
similar type of surface as was in place immediately prior to the damage. All such repairlreplacement
shall be consistent with the prevailing standard set by the United States Tennis
Association (UST A) or succeeding governing body. Such improvements are to be a consistent single
surface. Grantee will be responsible for any maintenance due to settlement or land movement on any
land improvements on the Grantor's property resulting from water line installation or earthwork.
If the surface of the easement area is disturbed by Grantee at any time, and/or from time to
time by the installation, repair, maintenance, removal, replacement or other work in connection with
water line or equipment, Grantee, at its sole cost and expense, shall repair and restore the surface of
the easement area and/or nearby property of the Grantors to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee, with written
permission of Grantor, was exercising its right to remove items which, is or would interfere with the
rights granted herein. In no event shall Grantee have a duty to restore an area of the easement area or
nearby property that was disturbed by nearby property owners, their grantees, successors, agents
employees or by other parties, in connecting the premises of the nearby property owners by service
pipes to the water line and/or equipment installed in the easement area or otherwise, and Grantee
shall not be liable for any damages caused to Grantors' property as a result of such work. Any work
perfonned or caused to be perfonned upon, under and/or over or within the easement area at any
time and from time to time shall be done at such a time and in such a manner as will cause a
minimum of interference with the business being conducted by Grantors (or their successors and
assigns) upon their land surrounding and adjoining the easement area, but nothing herein contained
shall prevent or prohibit Grantee from performing any of its work during normal and customary
daylight business hours.
TO HA VB AND TO HOLD unto Grantee, its successors and assigns, so long as the rights
and easements herein granted shall be used by Grantee upon the tenns and conditions specified
herein, with ingress to and egress from the easement area, for the purposes of constructing, installing,
repairing, maintaining, replacing and removing the water line and equipment of Grantee herein
described, but subject to all liens, encumbrances, restrictions and prior easements of record. Grantee
defends and Holds Hannless the Grantor for any and all claims associated with any of the
improvements on or in the referenced land. Grantee or its Contractors shall be responsible for all
equipment and materials. Grantor assumes no responsibility for any other entities equipment and
materials.
Grantee hereby assumes all risks of loss or damage to any of its property or facilities
described herein regardless of any fault of the Grantor, including the sole fault of the Grantor.
Grantee further assumes all risks of injury or death of its officers, employees, contractors,
lb. Request for Secondary Plat Approval; Westmont, Section 1; Steve
Broermann, Platinum Properties
/ c. Request for Final Plat Approval; Village Green, Section 2, Block G; Brady
Kuhn, Weihe Engineers
J d. Request for Water and Sanitary Sewer Availability; The Legacy Towns &
Flats; Rex King, lC. Hart Company
J e. Request for Curb Cut Modification; The Stratford at West Clay Parking
Lot; Greg Snelling, Snelling Engineering If. Request for Open Cut; 116th Street @ Sanctuary; Kenneth Brasseur, Platinum
"properties
A. Request for Open Cut; 106th Street Middle Thru Lane at Meridian; Lori
Paul, CSU
/ h. Request for Commercial Curb Cuts; The Legacy Towns & Flats; Rex King,
lC. Hart Company
Ji. -Request for Commercial Curb Cut; 106th Street at River Road; James
Shinneman, Weihe Engineers
t.I j. Request for Installation of Street Barricades/Sidewalk Closure; Parcel 47;
Robert Olsen, CSO t. ~ j k. Request for Lane Restrictions; Parcel 67; Brett Rose, Hagerman Construction
jI. Request for Vacation of Alley; 1st Avenue NW to 2nd Avenue NW; Trent
Newport, Crossroad Engineers
(/ m. Request for Consent to Encroach; Lot #53; Fairgreen Trace; Timothy and
Mary Ellen Clifford -1604 Quail Glen Court J n. Request for Easement Agreement; Woods Swim Club; John Duffy, Director of
the Department of Utilities
7. ADJOURNMENT
;
subcontractors or agents, or of any other person on or about the easement area or Grantor's premises
at the instance, license, instigation, or request of Grantee for use of the easement area as herein
contemplated regardless of any fault of the Grantor, including the sole fault of the Grantor. Grantee
shall indemnify and save harmless Grantor from and against any and all claims, demands, suits,
actions, judgments and recoveries, directly or indirectly resulting from such loss, damage, injury or
death, the risk of which is so assumed by the Grantee. It is agreed that this grant covers all the
agreements between the parties and that no representations or statements, verbal or written, have
been made modifying, adding to or changing the terms of this agreement.
The Grantors represent and certify that they are the fee simple owners of the easement area
and real estate surrounding the easement area; that Grantors guarantee the quiet possession of the
easement area to the Grantee, as described herein; that the easement area is free of any liens or
encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date
of execution hereof, appears of public record; and that, subject to the foregoing, Grantors will
warrant Grantee's title to the easement granted hereby against all claims thereon.
Grantee will install and maintain a safety fence during any work on referenced ground
and will remove said fence after work is completed. Grantee will take all precautions to
minimize all Dust and Debris, in which case watering may be required. Grantee will remove all
Trash and Debris on a daily basis.
The person or persons executing this instrument on behalf of Grantors hereby represent that
they have the authority to bind Grantors, jointly and individually, to the terms and conditions set
forth herein.
IN TESTIMONY WHEREOF, Grantors herein have executed this, the :;2 I day of
Q.i.bRC , 2~. ~QQ,k
WOODS SWIM CLUB, INC. by its
Authorized Representative
Kevin J. SchulteW Lu;ty~
WOODS S!:WfCLUB. INC. by its
Authorized Representative
Schuyler Hales
4. /cONTRACTS
a. Request for Purchase of Goods and Services; Business Furniture;
($54,566.37); Chief Keith Smith, Cannel Fire Department
b. Request for Purchase of Goods and Services; Overhead Door Company;
($1,316.00); Chief Keith Smith, Cannel Fire Department
c. Request for Purchase of Goods and Services; Tower Fire Apparatus
Company; ($3,440.00); Chief Keith Smith, Cannel Fire Department
d. Request for Purchase of Goods and Services; Omni Center; ($18,500.00);
Nancy Heck, Director of the Departrpent of Community Relations
e. Request for Purchase of Goods and Services; Town Planning and Urban
Design Collaborative; ($50,000.00); Michael Hollibaugh, Director of the
Department of Community Development
f. Request for Purchase of Goods and Services; Express Scripts, Inc.; Benefit
Management Agreement; Barbara Lamb, Director of Human Resources
g. Request for Purchase of Goods and Services; Change Order #45; Old
Meridian Street; Milestone Contractors; (Increase $421.38); Michael
McBride, City Engineer
h. Request for Purchase of Goods and Services; Change Order #2; 1161h and
Clay Center Road; R&W Contracting; (Decrease $1,247.52); Michael
McBride, City Engineer
i. Request for Purchase of Goods and Services; Change Order #1; 13151 _
Shelborne to Ditch Road; Snider Group; (Decrease $174.96); Michael
McBride, City Engineer
j. Request for Purchase of Goods and Services; Change Order #1; Carmel
Westside Road Improvements; Poindexter; (Increase $2,770.67); Michael
McBride, City Engineer
k. Request for Purchase of Goods and Services; Change Order #1; Yardberry;
Rangeline Road Water Main Relocation; (Increase $48,959.05); John Duffy,
Director of the Department of Utilities
5. USE OF CITY FACILITIES/STREETS
j a. Request to Use Gazebo, Common Areas and Grounds; Wedding; Friday,
June 5, 2009; 5:00 p.m. to 7:00 p.m. and Saturday, June 6, 2009; 1:00 p.m. to
8:00 p.m.; Natalie Piltz lb. Request to Use City Hall Parking Lots, Gazebo, Civic Square Fountain and
City Hall (1sl Floor); Farmer's Market; Saturday's from May 30lh to
September 26, 2009; 6:00 a.m. to Noon; (Wednesday, July 1,4:00 p.m. to
8:00 p.m.); Ron Carter
6. OTHER
a. Resolution NO. BPW-ll-05-08-04; A Resolution ofthe City of Carmel Board f of Public Works and Safety Authorizing the Adoption of Structural
Amendments to Coexistence Agreement; John Duffy, Director of the
Department of Utilities
-----------------------------
----------------------------
--------------------------
»
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
Before me, a Notary Public in and for said County and State personally appeared Kevin J.
Schulte and Schuyler Hales, authorized representatives ofWoods Swim Club, Inc.,both known to me
to be the individuals whose names are subscribed to the foregoing instrument and consideration
therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this .~1ST day of 0&h he1-, 2008.
[Seal}
~~ >-Y)~
Notary Public
uJa/n~ m 0 rc;.,., f"\
Printed Name
Commission Expiration:
~;2/, rAOIS-
County of Residence:
4~J
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
City of Carmel
Clerk-Treasurer
BOARD OF PUBLIC WORKS & SAFETY MEETING
AGENDA
WEDNESDA v, NOVEMBER 5, 2008 -10:00 A.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. MINUTES
~. Minutes from the October 15, 2008 Regular Meeting
v'b. Minutes from the October 22, 2008 Special Meeting
2. BID OPENINGS! AWARDS
('t1t~~ j Bid Opening for the 2009 Rock Salt; John Duffy, Director of the Department of s( ntH) qtXJ rl-: a. UtilitiesL ~.gq pa-u ,CIt Bid Award for the I061h and Keystone Water Main Project; Atlas Excavating ~Nt1DIl-fl b. ($956,300.00); This was the lowest and most responsive bid; John Duffy, (rA(~' 33 (\ Director of the Department of Utilities
Jc. Bid Rejection for the Video Monitoring Bid; two bids were received on '3) qt~. s( pt(' October 15, 2008, but bids received were over the allocated amount; Chief
Michael Fogarty, Carmel Police Department
3. PERFORMANCE RELEASES
a. Resolution No. BPW-ll-05-08-01; Lincolnshire, Section 2; Streets; Chad
Handley, Estridge Development
b. Resolution No. BPW-ll-05-08-02; The Ridge @ Hayden Run, Section 3;
Street Signs, Exterior Sidewalks, Asphalt Paths; Tim Berry, Platinum
Properties, LLC
c. Resolution No. BPW-ll-05-08-03; Long Ridge Estates, Section 3A; Streets,
Curb & Gutters, Water Mains, Street Signs, Exterior Sidewalks, Asphalt
Paths (Section 3A & #B); Steve Broennann, Platinum Properties
\ )~E CIVIC ~0UARE CARMEL, INDIA N.A. 46(1)2 317[17 1.2414
-----
--------------
...
ST A TE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2008.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence: ______
Date:
This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Carmel, Indiana,
46032
City of Carmel
Clerk,Treasurer
MEETING
NOTICE
CARMEL BOARD OF PUBLIC
WORKS
WEDNESDAY, NOVEMBER 5, 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, NOVEMBER 5, 2008, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE.
THE PURPOSE OF THE MEETING IS CITY BUSINESS.
\ '''1-( 'I\' J( ' ~0U<\IU~ CAI\~II I, INDIA"!,"-46,112 11 7/17 1,24 14
•
-------
Exhibit A
Part of the real estate described in a certain Warranty Deed recorded May 6, 1974, as
Instrument No. 3627 in Deed Book 273, page 546, in the Office of the Recorder of
Hamilton County, Indiana, which is also a part of the Southeast Quarter of Section 6,
Township 17 North, Range 4 East, in Hamilton County, Indiana, more particularly described
as follows:
A strip of land 25 feet wide, 12.5 feet left and right of the following described survey
line:
Commencing at the southeast corner of the Southeast Quarter of said Section 6; thence
North 89 degrees 44 minutes 00 seconds West (this and all subsequent bearings in this
description being based on the some bearing system used in the said Warranty Deed
recorded in Deed Book 273, page 546) 1044.20 feet along the south line of the
Southeast Quarter of said Section 6; thence North 0 degrees 12 minutes 10 seconds
West 250.00 feet along the westerly right of way of Lakeshore Drive West to the
southeast corner of the real estate described in the said Warranty Deed; thence
continuing North 0 Degrees 12 minutes 10 seconds West 120.37 feet along the west right
of way of Lakeshore Drive West to the POINT OF BEGINNING of the "Survey Line:" thence
South 45 degrees 16 minutes 00 seconds West 105.13 feet; thence North 89 degrees 44
minutes 00 seconds West 273.00 feet to the easterly right of way of Keystone Avenue
which is the TERMINUS POINT; the sidelines being prolonged or shortened to conform with
the Grantor's boundary lines at the point of intersection and the Beginning and Terminus
points of the
.-
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Sec. 6-17-4
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''Survey Line."
362.64'__ ------1
25' UtIlity
Easement
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... 5.E. Corner
Sec. 6-17-4gu o.... 1()"'0"' "' ..........
Scale 1"-100'~~ "-
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