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HomeMy WebLinkAboutBPW-04-15-15 Paperless PacketBoard of Public Works and Safety Meeting AGENDA Wednesday, April 15, 2015 – 10:00 a.m. Council Chambers City Hall One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the April 1, 2015, Regular Meeting 2. CONTRACTS a. Request for Purchase of Goods and Services; TMT; ( $60,000.00); Contract Renewal; Mike Hollibaugh, Director of the Department of Community Services b. Request for Purchase of Goods and Services; Signal Construction; Additional Services; ($24,180.00); Maintenance; Dave Huffman, Street Commissioner c. Request for Purchase of Goods and Services; Bartlett Tree Experts; ( $75,000.00); Trees; Mike Hollibaugh, Director of the Department of Community Services d. Request for Purchase of Goods and Services; Truck Country of Indiana; ($212,000.00); Tandem Truck Lease; Dave Huffman, Street Commissioner e. Request for Purchase of Goods and Services; Gear Wash; ($4,500.00); Repair of Turn out Gear; Chief David Haboush f. Request for Purchase of Goods and Services; Calumet Civil Contractors; ($33,995.00); Repair of Keystone Parkway and Carmel Drive; Jeremy Kashman, City Engineer g. Request for Purchase of Goods and Services; American Structurepoint; Additional Service #9; ($3,462.00); Main street Reconstruction; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; Resolution BPW# 04-15-15-01; Ratifying Mayors Signature; Kelli Prader, KP Associates; ($3,000.00); Event Planner; Nancy Heck, Director of the Department of Community Relations i. Request for Purchase of Goods and Services; Amendment to Residential Lease; Chief David Haboush j. Request for Purchase of Goods and Services; Amendment to Residential Lease- 3708 Barrington Drive; Chief David Haboush 3. OTHER a. Request for Signature; Indiana Department of Transportation; 106th Street Multi- Use Path; Jim Lowe, Clark Dietz b. Request for Lane Restrictions/Recreational Pathway Closure; Lakeside Apartments c. Request for Curb Cut/Temporary Construction Entrance; Meridian & Main Phase 1 Lot 1; David Lach, Cripe Engineering d. Request for Variance; 12828 West Road; David/Connie Shaver e. Request for Consent to Encroach; 12828 West Road; Davis/Connie Shaver f. Request for Right of Entry; Meridian Heights Associates g. Request for Right of Entry; Meridian 131, LLC 4. PUBLIC HEARING a. Walnut Creek Drive Remonstrance 5. ADJOURNMENT BOARD OF PUBLIC WORKS & SAFETY MEETING MINUTES WEDNESDAY, APRIL 1, 2015 –10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Mayor Brainard called the meeting to order at 10:00 a.m. MEMBERS PRESENT Mayor James Brainard, Board Member; Lori Watson and Mary Ann Burke, Deputy Clerk; Sandy Johnson MINUTES Minutes for the March 18, 2015 Regular meeting were approved 3-0. BID/QUOTES – OPENINGS/AWARDS Bid opening for the 2015 Fire Equipment; Mayor Brainard opened and read the bids aloud; Company Amount Global Emergency Products $1,050,000.00 Donley Safety $1,029,930.00 Smeal Fire Apparatus $1,010,698.00 The bids were given to the Fire Department for review and recommendation. Bid Opening for 2015 additional Mowing; Mayor Brainard opened and read the bids aloud; Company Amount Becker Landscape $69,584.00 Hittle Landscaping $73,883.29 The bids were given to the Street Department for review and recommendation. PERFORMANCE RELEASES Resolution BPW-04-01-15-01; Legacy Towns & Flats 2; Common Area & Sidewalks, Ramps; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-02; Overbrook Section 2 &3; Pavement Curbs and Signage; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. CONTRACTS Request for Purchase of Goods and Services; Crossroad Engineers; Additional Service #18; ($50,000.00); Plan Review; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; Woolpert; ($30,000.00); Software Installation and Training; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; Melrose Pyrotechnics; Additional Service #1; ($25,000.00); Fireworks for CarmelFest; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; Next Step Realty; ($24,000.00); Rental House for Fireman; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; Robert Patterson; ($18,000.00); Lease of 631 Mohawk Court; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; TMT; Additional Service; ($38,903.80); Mulching and Weed Control; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request for Purchase of Goods and Services; CHA Consulting; ($180,085.00); Priority Way and 96th Street Roundabout; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. USE OF CITY OWNED PROPERTY Request to Use Japanese Garden; Meeting; May 11, 2015; 6:00 p.m. to 9:30 p.m.; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request to Use Gazebo; Concert; June 19, 2015; 4:00 p.m. to 10:00 p.m.; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request to Use Gazebo/Council Chambers; National Day of Prayer; May 7, 2015; 11:15 a.m. to 1:00 p.m.; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request to Close City Streets; Festival; July 18, 2015; 10:00 a.m. to Midnight; Board member Burke moved for approval. Board Member Watson seconded. Request approved 3-0. Request to Close City Street; Carmel Marathon; Various dates for 2016,2017, 2018; Nancy Heck Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. OTHER Resolution BPW-04-01-15-03; Art Grant for Museum of Miniature Houses; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-04; Art Grant for Young Voices Inspire; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-05; Art Grant for International Talent Academy; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-06; Art Grant for Indianapolis Symphonic Choir; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-07; Art Grant for Indianapolis Children’s Choir; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-08; Art Grant for Indiana Wind Symphony; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-09; Art Grant for Indiana Symphony Society; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-10; Art Grant for Actors Theatre of Indiana; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-11; Art Grant for Indiana Ballet Conservatory; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-12; Art Grant for Gregory Hancock Dance; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-13; Art Grant for Central Indiana Dance Ensemble; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-14; Art Grant for Carmel Symphony Orchestra; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-15; Art Grant for Carmel Community Players; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-16; Art Grant for Carmel Arts Council; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Resolution BPW-04-01-15-17; Art Grant for Booth Tarkington Civic Theatre; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Conflict of Interest Statement: Scott Osborne Request for Reduction of Performance Bond Amount; Glen Oaks Subdivision; Interior Sidewalks; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Relocation and Vacation of Existing Curb Cut; 39 Woodland Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Grant of Perpetual Storm Water Quality Management Easement; The Olivia on Main; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Grant of Perpetual Storm Water Quality Management Easement; L&Q Realty; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Secondary Plat Approval; Blackwell Park Phase 2; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Floodplain Management Variance; Plum Creek Golf Course; Fill in Floodway, Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Stormwater Variance; Sanctuary Section 4B; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Stormwater Variance; McDonald’s at the Bridges; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Stormwater Variance; Muehlenbein Home Site; 3014 W. 126th Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Lane Closure/Open Pavement Cut; 12901 Old Meridian Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Temporary Construction Entrance; Valley Development Company, Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Road Closure/Open Pavement Cut; Jackson Grant Section 1A; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Lane Restriction; Clay Terrace Blvd; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Variance; 1783 Hourglass Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Variance; 5468 Grandin Hall Circle N; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Variance; 1956 Telfair Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Consent to Encroach; 1783 Hourglass Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Consent to Encroach; 5468 Grandin Hall Circle N; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. Request for Consent to Encroach; FS Lodge- 1312 Hazel Dell Parkway; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. ADD ON Jeremy Kashman, City Engineer requested the board add on a Performance Bond Release for Pilgrim Lutheran Church. Mayor Brainard moved to add on the item. Board Member Burke seconded. Request added. Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0. ADJOURNMENT Mayor Brainard adjourned the meeting at 10:16 a.m. _____________________________________ Diana L. Cordray, IAMC – Clerk-Treasurer Clerk-Treasurer Approved ____________________________________ Mayor James Brainard ATTEST: __________________________________ Diana L. Cordray, IAMC - Clerk-Treasurer Project: Main Street RIGHT OF ENTRY THIS RIGHT OF ENTRY ("Right of Entrv" or has been executed this day of March, 2015 (the "Effective Date") by MERIDIAN HEIGHTS ASSOCIATES, LLC ("Grantor") and THE CITY OF CARMEL, INDIANA, an Indiana municipal corporation RECITALS WHEREAS, Grantor is the owner of certain real estate located in the City of Cannel, Hamilton County, Indiana; generally located in North Meridian Heights Subdivision and more particularly described in the deed recorded as Instrument No.2oN()I1.2..a'e in the Office of the Recorder of Hamilton County, Indiana (the "Grantor Parcel"); WHEREAS, Grantee is involved in a project to widen the right-of-way of Main Street between Illinois Street and Old Meridian Street in Clay Township, Hamilton County, Indiana (the "Project"); WHEREAS, Grantor has previously granted Grantee a Right of Entry in connection with the Project over other property owned by Grantor; and WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to acquire temporary rights to a portion of the Grantor Parcel for the construction of a temporary driveway, which property is more particularly described on (the which is attached hereto and incorporated herein by this reference. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the foregoing Recitals, all of which are incorporated herein by this reference and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use Temporary Access Parcel for the purpose of installing a temporary access drive connecting Sonna Drive to Pennsylvania Way and Grand Boulevard as shown on Exhibit A. Such temporary access drive shall be constructed of crushed stone/gravel and shall provide access for vehicular traffic over such drive for the duration of the Project. Grantor agrees that Grantee may commence work on the temporary access drive upon Grantor's execution of this Right of Entry. Grantee shall maintain the temporary access drive for the duration of the Project. Additional Grantee Obligations. Grantee shall not cause damage to the Grantor Parcel and, upon completion of any work associated with the Project, shall promptly return the Grantor Parcel to a condition that is equal to or better than its condition prior to this Right of Entry. Grantee further agrees to and to cause its contractor to furnish and keep in full force and effect throughout the term of this Right of Entry reasonable and customary insurance coverages. completion of the Project. 4. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Temporary Access Parcel, that all approvals from Grantor and any other party with a right or interest in the Temporary Access Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from performing its obligations hereunder. The undersigned person executing this Agreement on behalf of Grantor represents and certifies that he is a duly elected officer, member, manager, partner or representative of Grantor and has been fully empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this Agreement; that Grantor has full capacity to enter into this Agreement and to convey the Temporary Parcel; and that all necessary action for entering into this Agreement and for the making of such conveyances has been taken and done. 5. All notices to be given hereunder by either party shall be in writing and for purposes of this Agreement shall be either personally delivered or sent by certified or registered mail or by a national package express service promising overnight delivery addressed to Grantor at Browning, 6100 W. 96 th Street, Suite 150. Indianapolis, IN 46278 , Attention: Browning and to Grantee at One Civic Square, Carmel, Indiana, 46032, Attention: City Engineer (with a copy of any notice to Grantor also being provided to City Attorney, One Civic Square, Carmel, Indiana, 46032) or to such other person or address as may be designated by either Grantor or Grantee by notice in writing. Notice shall be deemed given and received when personally delivered or on the third (3rd) business day after deposited in the U.S. mail or on the business day after deposited with the package express company. 6. General Agreement ofParties. All rights and obligations hereunder shall be binding upon and inure to the benefit of Grantor and Grantee, their respective permitted successors, assigns and legal representatives. This Agreement is executed under and shall be construed in accordance with the laws of the State of Indiana and there are no promises or agreements between the parties hereto other than those contained or referred to herein. 7. Attorneys' Fees. If Grantor or Grantee brings any action to interpret or enforce this Agreement, or for damages for any alleged breach hereof, the prevailing party in any such action shall be entitled to reasonable attorneys' fees and costs in addition to all other recovery, damages and costs. 8. Severability. In the event any part or prOV1SlOn of this Agreement shall be determined to be invalid or enforceable, the remaining portion ofthis Agreement shall nevertheless continue in full force and effect. 9. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Signature pages sent by electronic means shall be fully binding on the parties. IN WITNESS \VIIEREOF, Grantor and Grantee herein have executed this Right of Entry as of the day first above \NTitten. Approved and Adopted this _ day of _______, 2015. 2 Approved and Adopted this _ day of _ ____,2015. GRANTOR: MERlDIAN HEIGHTS ASSOCIATES, LLC. 6'f: SlU>w N II\S" \Nv'e:J5:r1\USoNTS I IIc. I M w\.N A-G &t.. BY: 1Jw.&/trtt Printed: b!rv\1) GAI3.CJVl '\t.\.l Title: Cf-o ~Q \J.~ GRANTEE: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date:_______________ Mary Ann Burke, Member Lori S. Watson, Member ATTEST: Diana Cordray, IMCA, Clerk-Treasurer Date:_______________ 3 EXHIBIT A TEMPORARY ACCESS PARCEL 4 1 . / Project: Main Street / : RIGHT OF ENTRY • 11 ·IT THIS RIGHT OF ENTRY or "Agreement") has been executed this day of March, 2015 (the "Effective Date") by MERIDIAN 131, LLC ("Grantor") and THE CITY OF CARMEL, INDIANA, an Indiana municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real estate located in the City of Carmel, Hamilton County, Indiana; generally located in North Meridian Heights Subdivision and more particularly described in the deed recorded as Instrument NO.lO\3-tlCkil in the Office of the Recorder of Hamilton County, Indiana (the "Grantor Parcel"); WHEREAS, Grantee is involved in a project to widen the right-of-way of Main Street between Illinois Street and Old Meridian Street in Clay Township, Hamilton County, Indiana (the "Project"); WHEREAS, ,Grantor has previously granted Grantee a Right of Entry in connection with the Project over other property owned by Grantor; and WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs to acquire temporary rights to a portion of the Grantor Parcel for the construction of a temporary driveway, which property is more particularly described on Exhibit A (the which is attached hereto and incorporated herein by this reference. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the foregoing Recitals, all of which are incorporated herein by this reference and the follo\ving mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use Temporary Access Parcel for the purpose of installing a temporary access drive connecting Sonna Drive to Pemlsylvania Way and Grand Boulevard as shown on Exhibit A. Such temporary access drive shall be constructed of crushed stone/gravel and shall provide access for vehicular traffic over such drive for the duration of the Project. Grantor agrees that Grantee may commence work on the temporary access drive upon Grantor's execution of this Right of Entry. Grantee shall maintain the temporary access drive for the duration of the Project. 2. Additional Grantee Obligations. Grantee shall not cause damage to the Grantor Parcel and, upon completion of any work associated with the Project, shall promptly retum the Grantor Parcel to a condition that is equal to or better than its condition prior to this Right ofEntry. Grantee further agrees to and to cause its contractor to fumish and keep in full force and effect throughout the term of this Right of Entry reasonable and customary insurance coverages. 3. Duration of Right of Entry. This Right of Entry shall be inevocable until completion of the Project. 4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Temporary Access Parcel, that all approvals from Grantor and any other party with a right or interest in the Temporary Access Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from performing its obligations hereunder. The undersigned person executing this Agreement on behalf of Grantor represents and certifies that he is a duly elected officer, member, manager, partner or representative of Grantor and has been fully empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this Agreement; that Grantor has full capacity to enter into this Agreement and to convey the Temporary Parcel; and that all necessary action for entering into this Agreement and for the making of such conveyances has been taken and done. 5. Notices. All notices to be given hereunder by either party shall be in writing and for purposes of this Agreement shall be either personally delivered or sent by certified or registered mail or by a national package express service promising overnight delivery addressed to Grantor at Browning, 6100 W. 96 th Street, Suite 150, Indianapolis, IN 46278 ,Attention: Browning and to Grantee at One Civic Square, Carmel, Indiana, 46032, Attention: City Engineer (with a copy of any notice to Grantor also being provided to City Attorney, One Civic Square, Carmel, Indiana, 46032) or to such other person or address as may be designated by either Grantor or Grantee by notice in writing. Notice shall be deemed given and received when personally delivered or on the third (3rd) business day after deposited in the U.S. mail or on the business day after deposited with the package express company. 6. General Agreement of Parties. All rights and obligations hereunder shall be binding upon and inure to the benefit of Grantor and Grantee, their respective permitted successors, assigns and legal representatives. This Agreement is executed under and shall be construed in accordance with the laws of the State of Indiana and there are no promises or agreements between the parties hereto other than those contained or referred to herein. 7. If Grantor or Grantee brings any action to interpret or enforce this Agreement, or for damages for any alleged breach hereof, the prevailing party in any such action shall be entitled to reasonable attorneys' fees and costs in addition to all other recovery, damages and costs. 8. In the event any part or prOViSIOn of this Agreement shall be determined to be invalid or enforceable, the remaining portion ofthis Agreement shall nevertheless continue in full force and effect. 9. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Signature pages sent by electronic means shall be fully binding on the parties. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Right of Entry as of the day first above written. Approved and Adopted this _ day _______, 2015. 2 GRANTOR: MERIDIAN 131, LLC. BY: BROWNING INVESTMENTS, LLC, MANAGER BY: Ute Printed: C>Av,o GA-(lOVI T('" Title: ,--po A-I'lO v: P. GRANTEE: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Mary Ann Burke, Lori S. Watson, Member ATTEST: Diana Cordray, IMCA, Clerk-Treasurer 3 EXHIBIT A TEMPORARY ACCESS PARCEL 4 NOTICE The City of Carmel, by and through its Board of Public Works, is converting Walnut Creek Drive, from Retail Parkway south to its terminus, from a private street into a public street through its power of eminent domain. This action was approved by the Board of Public Works in Resolution BPW 02-18-15-05. Remonstrances will be heard at the Carmel Board of Public Works meeting on April 15, 2015 at 10:00 a.m. The meeting will be held in the Council Chambers in Carmel City Hall, located at One Civic Square Carmel, IN 46032.