HomeMy WebLinkAboutPaperless 060315 Board of Public Works and Safety Meeting
AGENDA
Wednesday, June 3, 2015 — 10:00 a.m.
Council Chambers City Hall One Civic Square
MEETING CALLED To ORDER
1. MINUTES
a. Minutes from the May 20, 2015, Regular Meeting
2. BIDS & QUOTES OPENING &AWARDS
a. POSTPONED: Bid Opening for the Keystone Parkway/Main Street
Roundabout Landscape; Jeremy Kashman, City Engineer
b. POSTPONED: Bid Opening for the Annally Drive Water Main Project; John
Duffy, Director of the Department of Utilities
c. Request to Reject all Bids received on April 1, 2015 for Fire Engine
Purchase; Chief David Haboush, Carmel Fire Department
3. PERFORMANCE RELEASES
a. Resolution No. BPW-06-03-15-01; PMF Car & Truck Care Center; Erosion
Control; Tree Protection; Stephen Shehorn, T&W Church Solutions
4. CONTRACTS
a. Request for Purchase of Goods and Services; E&B Paving; Change Order
No.4; (increase $236,391.51); Illinois Street; Jeremy Kashman, City Engineer
b. Request for Purchase of Goods and Services; Judah and the Lion;
($4,000.00); Art of Wine Entertainment; Nancy Heck, Director of Community
Relations
c. Request for Purchase of Goods and Services; Schneider Corporation;
Additional Services #4; ($2,619.20); 106th Illinois to Ditch Street Path Design;
Jeremy Kashman, City Engineer
d. Request for Purchase of Goods and Services; 2015 Upper White River
Alliance; (10,000.00); Membership and Program Dues; Jeremy Kashman,
City Engineer
e. Resolution BPW-06-03-15-02; Acknowledging Mayors Signature; Request
for Purchase of Goods and Services; KP Associates; ($48,750.00); Event
Planning;Nancy Heck, Director of Community Relations
f. Request for Purchase of Goods and Services; Granicus; ($14,753.40); Event
Planning;Nancy Heck, Director of Community Relations
5. REQUEST TO USE CITY STREETS/PROPERTY
a. TABLED: Request to Use Gazebo and Common Area; Ceremony; July 25,
2015; 2:00 p.m. to 11:00 p.m.; Public Safety Appreciation Day
b. Request to Use Council Chambers; Meeting: Various Dates; James Tremblay
c. Request to Use City Streets; Race; September 26, 2015; Creekside Middle
School
d. Request to Use City Streets; Tour de Carmel; September 19, 2015; Carmel
Clay Parks &Recreation
e. Request to Use City Streets; Block Party; June 20, 2015; Kingswood HOA
f. Request to Use City Streets; 5K; August 1, 2015; Jeff Hess
g. Request to Use Gazebo; Rehearsal Dinner; July 10, 2015; Jeremy Kashman
h. Request to Use Gazebo and Common Area; Wedding/Rehearsal; October 16
& 17, 2015; Teresa Hinnard
6. OTHER
a. TABLED: Request for Lane Restriction; Various Locations; Jamie Neal,
Michels Communications
b. Resolution BPW-06-03-15-03; Third Party Transfer of Real Estate; Jeremy
Kashman, City Engineer
c. Request for Lane Closure/Open Pavement/Pathway Closure; Westfield
Blvd; Gregory Ilko, Crossroads Engineers
d. Request for Replat; The Cottages at Carmel Blocks K& M; Troy Terew, True
North Land Surveying Services
e. Request for Replat of Lots 63, 64, 65, 66 North Augusta 2nd Section; Brandon
Burke, HWC Engineering
f. Request for Stormwater Variance; Delta Faucet; Ross Nixon, American
Structurepoint
g. Request for Stormwater Variance; Delta Faucet Expansion; Ross Nixon,
American Structurepoint
h. Request for Stormwater Variance; Grand and Main Development; Brad
Schrage, American Structurepoint
i. Request for Variance; 10563 Elizabeth Ct; Matthew and Tammi Scozzaro
j. Request for Variance; 1783 Hourglass Drive; Craig and Sabrina Jensen
k. Request for Access to Monon; 1155 Ramsgate Ct; Brian and Mitzi Bockelman
7. ADJOURNMENT
BOARD OF PUBLIC WORKS & SAFETY MEETING
MINUTES
WEDNESDAY, MAY 20,2015—10:00 A.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEETING CALLED TO ORDER
Mayor Brainard called the meeting to order at 10:03 a.m.
MEMBERS PRESENT
Mayor James Brainard, Board Member;Lori Watson and Mary Ann Burke, Deputy Clerk;
Sandy Johnson
MINUTES
Minutes for the May 6, 2015 Regular meeting were approved 3-0.
BID & QUOTE OPENINGS AND AWARDS
Bid Opening for the 2015 Engineering Vehicles; No bids were received
Bid Opening for Keystone Parkway/Main Street Roundabout Landscape; BID WAS
POSTPONED
Bid Opening for the Annally Drive Water Main Project; BID WAS POSTPONED
Quote Opening for the Cool Creek Pond Outlet Rehabilitation;Mayor Brainard opened and
read the quotes aloud;
Company Amount
Morphey Construction $117,844.00
Yardberry Landscape $ 73,059.08
The bids were given to Tiffany Boone, Staff Engineer for review and recommendation.
PERFORMANCE RELEASES
Resolution No. BPW-05-20-15-01; Long Ridge Estates Section 4; Interior Sidewalks; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
Resolution No. BPW-05-20-15-04;Legacy Meadows; On Site Storm Sewers; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 3-0.
CONTRACTS
Request for Purchase of Goods and Services;HWC Engineering; ($30,500.00); Small Structure
Inventory;Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Request for Purchase of Goods and Services;HWC Engineering; ($229,345.00); Small Structure
Replacement; Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Request for Purchase of Goods and Services;Foundation Business Systems, LLC; ($10,000.00);
Stormwater Inspection Software;Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
Request for Purchase of Goods and Services;Herzig; ($600.00); Jazz on the Monon
Entertainment; Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Request for Purchase of Goods and Services; Blair Clark; ($600.00); Jazz on the Monon
Entertainment;Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Request for Purchase of Goods and Services;Rodney Stepp & Steppin Out Band; ($600.00);
Jazz on the Monon Entertainment;Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
Request for Purchase of Goods and Services; Quick Trio; ($600.00); Jazz on the Monon
Entertainment;Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
Request for Purchase of Goods and Services;Resolution BPW-05-20-15-05; Ratifying the
Mayor's Signature;Interlocal Agreement between the Indianapolis Public Transportation
Corporation and the City of Carmel;Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
Request for Purchase of Goods and Services;Resolution BPW-05-20-15-06; Ratifying the
Mayor's Signature; Telamon; Carmel Solar Array Project;Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
Request for Purchase of Goods and Services; US Geological Survey;Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Purchase of Goods and Services; Christopher Burke Engineer; ($20,000.00);
NPDES Phase II and Plan Review; Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
REQUEST TO USE CITY STREETS/PROPERTY
Request to Use Caucus Room;Meeting;June 8, 2015; 6:30 p.m. to 8:00 p.m.; Russian School of
Indiana;Mayor Brainard moved to approve. Board Member Burke seconded. Request approved
3-0.
Request to Use Gazebo; Day of Yoga;June 21, 2015; 5:00 a.m. to 11:00 a.m.; Raju Chinthala;
Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
Request to Use Gazebo and Common Area; Wedding;June 4, 2016; 9:00 a.m. to 9:00 p.m.;
Rehearsal June 3, 2015; 5:00 p.m. to 6:00 p.m.; Erica Vernasco;Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request to Use Gazebo and Common Area; Memorial Service;May 4, 2016; 3:00 p.m. to 8:30
p.m.; Carmel Police Department;Mayor Brainard moved to approve. Board Member Burke
seconded. Request approved 3-0.
TABLED: Request to Use Gazebo and Common Area; Ceremony;July 25, 2015; 2:00 p.m. to
11:00 p.m.; Public Safety Appreciation Day
OTHER
TABLED: Request for Lane Restriction; Various Locations;Jamie Neal, Michels
Communications
Request for Temporary Construction Entrance; 14048 Jameson Lane; Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Recreational Pathway Closure; 116th and College Drive;Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.Engineering Associates
Request for Drainage Easement Agreement; Emerson Road;Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
Request of Performance Bond Amount Reduction; Long Ridge Estates Section 3A & 3B;Mayor
Brainard moved to approve. Board Member Burke seconded. Request approved 3-0.
Request for Performance Bond Amount Reduction;Bellewood Subdivision; Tim Berry, Platinum
Properties
Request for Stormwater Technical Manual Variance; Tallyn's Ridge;Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Variance; 14013 Knightstown Drive West; Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
Request for Variance; Gray Oaks Subdivision;Mayor Brainard moved to approve. Board
Member Burke seconded. Request approved 3-0.
Request for Variance; 10563 Elizabeth Court;Mayor Brainard moved to approve. Board
Member Burke seconded. Request approved 3-0.
Request for Consent to Encroach; 14013 Knightstown Drive West;Mayor Brainard moved to
approve. Board Member Burke seconded. Request approved 3-0.
Request for Consent to Encroach; Gray Oaks Subdivision;Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
Request for Consent to Encroach; 741 1St Avenue NW;Mayor Brainard moved to approve.
Board Member Burke seconded. Request approved 3-0.
Request to approve bid award to Rieth Riley for 2015 Paving;Dave Huffman, Street
Commissioner. Mayor Brainard moved to approve. Board Member Burke seconded. Request
approved 3-0.
ADJOURNMENT
Mayor Brainard adjourned the meeting at 10:23 a.m.
Diana L. Cordray, IAMC— Clerk-Treasurer
Clerk-Treasurer
Approved
Mayor James Brainard
ATTEST:
Diana L. Cordray, IAMC- Clerk-Treasurer
Johnson, Sandy M
From: VanVoorst, Bob J
Sent: Thursday, May 28, 2015 8:13 AM
To: Johnson, Sandy M
Cc: Haboush, David G, Hensley, Bob P; Bowles, Orbie
Subject: BPW Agenda
Good Morning Sandy:Just checking to make sure that you placed Chief David Haboush and the Carmel Fire Department
on the BPW agenda for the meeting on June 3id had sent a request to you on May 19th and had not heard back. Please
let me know if there is a issue or you need anything else from me on this.Thanks Again
Bob VanVoorst
. �"^ . �orSt
Logistics Section Chief
Carmel Fire Department
2 civic Square
Carmel Indiana, 46032
317-571-2600 Headquarters
317-571-2660 Fax
bvanvoorst@carmel.in.gov
t ,./.0,- ,k,
r,,,.., iow
. ,,,,...„ 11.,;',,` .7.'''..4.,..:1) /la/
C-L.""C, '9'I.--t1. - 1.:5111. 11! .01''' '"?...,.. ,,-...„•'"'' 4/
-0,14220. -
CONFIDENTIALITY NOTICE:This transmission(including any attachments)may contain information which is confidential,attorney work-
productundbrsubjm±tothouttomoy'x||ontphxi|oge,andisintundwdon|dyfnrthumooipient(o)namodabove If you are not a named
recipient, any interception,copying, distribution, disclosure or use of this transmission or any information contained in it is strictly
prohibited,and may be subject to criminal and civil penalties under State or Federal law. If you have received this transmission in error,
please immediately call us at(317)571-2600,delete the transmission from all forms of electronic or other storage,and destroy all hard
copies, DO NOT forward this transmission.Any error in addressing or sending this e-mail is not a waiver of confidentiality or privilege and
does not waive consent to copying or distribution of this e-mail or attachments.Thank You.
Johnson, Sandy M
From: VanVoorst, Bob J
Sent: Tuesday, May 19, 2015 7:51 AM
To: Johnson, Sandy M
Cc: Haboush, David G; Snyder, Denise W; Hensley, Bob P; Bowles, Orbie
Subject: BPW Agenda
Good Morning Sandy: Can you place Chief David Haboush and the Carmel Fire Department on the BPW agenda for the
meeting on June 3 We will be ask the board to reject all of the fire truck bids that were opened at the BPW meeting
on April l' After reviewing the bids and looking at the trucks at the fire expo that was recently in Indianapolis we feel
that it is the best interest of the Fire Department and the City of Carmel to rebid these trucks. We are planning on
rebidding these trucks in the near future. Will you need the originals back of all of the bids that were submitted on April
1' ? Let me know if you need anything else from me on this matter. Thanks
Bob VanVoorst
, ��^ , 00rst
Logistics Section Chief
Carmel Fire Department
o ���� euuK
2 civic Square
Carmel Indiana,46032
317'571'2800 Headquarters
317-571-2660 Fax
bvanvoorst@carmel.in.gov
Er I I.
&,...__ , 4„.„. .... Pi;.,
t ,:r4.7,4;, I!
,..._. ,,, .,,,.,,,,,,, ,f„.^:114*-71.1.-`,..- friik,
?'...V15P.cr. -4-•I U.q'..---. 1.,:, ,.‘...":',..e.•''' 4/
CONFIDENTIALITY NOTICE:This transmission(including any attachments)may contain information which is confidential,attorney work-
productand/orouhjw±totho attorney-client privilege,and is intended solely for the receipient(s)named above. If you are not a named
recipient,any interception,copying, distribution,disclosure or use of this transmission or any information contained in it is strictly
prohibited,and may be subject to criminal and civil penalties under State or Federal law. If you have received this transmission in error,
please immediately call uuad(317)57i'2GOO.delete the transmission from all forms of electronic or other storage, and destroy all hard
copies. DO NOT forward this transmission.Any error in addressing or sending this e-mail is not a waiver of confidentiality or privilege and
does not waive consent to copying or distribution of this e-mail or attachments.Thank You.
To: Board of Public Works Date: June 3, 2015
and Safety
City of Carmel, Indiana Resolution No: BPW-06-03-15-01
Principal: 1441, LLC dba PFM CAR & TRUCK CARE
From: CITY ENGINEER
Surety: WESTERN SURETY COMPANY
Board Members:
I have conducted final inspection of the PFM CAR & TRUCK CARE CENTER PROJECT for
the following improvements:
ITEM PERFORMANCE BOND AMOUNT
EROSION CONTROL, TREE 24782299 $ 28,750.00
PROTECTION, R/W IMPROVEMENTS
The above improvements have been completed and are acceptable to the City
of Carmel. I recommend acceptance of said improvements, subject to the
following condition:
Maintenance Guarantee for EROSION CONTROL, TREE PROETECTION, R/W
IMPROVEMENTS in the amount of 10% of the Performance Guarantee amount, to
be filed with the City of Carmel, with said Maintenance Guarantee to run
for a period of three (3) years. Maintenance Guarantee for EROSION
CONTROL, TREE PROTECTRION, R/W IMPROVEMENTS will be $2,875.00.
Approved:
J M KAS "N
City Engineer
Be it resolved by the Board of Public Works and Safety, City of Carmel,
Indiana on this 3RD day of June, 2015, that the listed Performance
Guarantee for PFM CAR & TRUCK CARE CENTER project as listed above is hereby
released and accepted by the City of Carmel, Indiana subject to the listed
condition above.
Signed: (Presiding Officer)
(Member)
(Member)
Board of Public Works and Safety
A I:�
T&W CORPORATION zi GENERAL CONTRACTORS
May 20, 2015
Board of Publics Work
Attn: Mr. Dave Barnes
RE: PFM-Bond Release
1441 South Guilford Rd
Carmel, IN
Dear Barnes,
This letter is to confirm that the work, at the above stated address,has been completed per the
City of Carmel's request and requirements.
We would like to request the City of Carmel to release all bonds against this work. I appreciate
you patients and look forward to working with the City of Carmel in the future.
Sincerely yours,
Chuck Aker
Project Manager
3841 West Morris Street ■ Indianapolis,Indiana 46241 ■ phone 317 244 7637 :1 fax 317 244 6348 ■ www.tw-corp.com
Page 1 of 1
CITY OF CARMEL
TO: E&13 Paving,Inc. CONTRACT CHANGE ORDER NO. 4
17042 Middletown Avenue DATE: 5/12/2015
Noblesville,IN 46060 PROJECT NAME: 10-10 Illinois St.Ext.
CITY REQ.NO.:
CITY PO NO.: 25297 ���`�
CITY PO DATE: 12/18/2013
10
I. You are directed to make the following changes in this Contract: 'OM
Eliminate existing item 0133 quantity and cost and replace with new item CO 34 quantity and cost due to added length of
same item being 8 Foot Precast Wall System.
SCI IEDULED ADJUSTMENT
ITEM AMOUNT (+)OR(-)DAYS
133 8 Foot Precast Wall System ($49,357,501 0 Days
CO 34 8 Foot Precast Wall System S285,749.01 0 Days
TOTAL.OF CHANGE ORDER ITEMS S236,391.51 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:By Request from the City of Carmel per Progress meeting minutes and proposals included herein
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $6,530,730.52
Contract Price will be increased/decreased by this Change Order $236,391.51
New Contract Price including this Change Order $6,767,122.03
Contract Time prior to this Change Order 426 Days 6/1/2015 Completion Date
Net increased/decreased resulting from this Change Order 0 Days
Current Contract Time including this Change Order 0 Days 6/1./2015 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 Recommended The Above Changes Are Accepted Approved
CROSSROAD ENGINEERS E&B Paving.Inc.
ENGINEER CONTRACTOR -jt/H't--li:3 ----/1
mes Brainard,Mayor
3417 Sherman Drive 17042 Middletown Avenue
Address Address J y Ka, tman, 'y Engineer
Beech Grove,IN 46107 Noblesville.IN 46060 _
Ci City/Sta yo Mary Ann Burke,Member
BY: /SF tit • By ./i.%4",f/. _..........___. Lori Watson.Member
Pho e: 317-780-155 0 Phone: lor, T 73-4137 ATTEST:
Date: 5-7;OS.— Date:c5. / Diana Cordray,Clerk-Treasurer
Date:
Item Description Unit Unit Price Original Original Final Final Amount Over/Under
Number Quantity Amount Quanity
133 8 Foot Precast Wall System LF $197.43 250 $49,357.50 0 $0.00 -$49,357.50
CO 34 8 Foot Precast Wall System LF $170.19 0 $0.00 1679 $285,749.01 $285,749.01
TOTAL OF CHANGE ORDER ITEMS $236,391.51
ORIGINAL CONTRACT PRICE $6,504,567.67
CHANGE ORDER#1 $16,401.20
CHANGE ORDER#2 $9,761.05
CHANGE ORDER#3 $0.60
CHANGE ORDER#4 $236,391.51
NEW CONTRACT AMOUNT INCLUDING APPROVED CHANGE ORDERS $6,767,122.03
E&B PAVING.Inc
World-Class Solutions at a Local Level'
ADDITIONAL WORK AUTHORIZATION
To: Lance Stahley Phone: 317-439-5515 Date: 5/11/2015
City of Carmel Fax: Job No: 02143279
One Civic Square Project: Illinois St Extension 10-10
Carmel. IN 46033 Location: 106th St and Illinois Street
Attn: Lance Stahley City: Carmel
The following quoted prices are for additional work that is not a part of our original contract scope of work:
DESCRIPTION:
Per your request,the attached pricing is for installation of an 8'Precast Wall at the Reserve at Springmill.This new item will be
used to replace the existing item 133.
Item# Description Quantity Unit Unit Price Extension
EWA 8' Precast Wall System-Reserve at Springmill 1.00 LS $266,972.00 $266,972.00
Subtotal $266,972,00
10%of first$3,000.00 $ 300.00
7%of remainder $ 18;478.04
TOTAL $285,750.04
REVISED UNIT PRICE $285,750.04
ADDITIONAL CHARGE FOR THE ABOVE WORK IS: $285,750.04
Above additional work to be performed under same conditions as specified in original contract unless otherwise stipulated.
Date: Owner or Contractor Signature
(Authorized Representative)
We hereby agree to furnish labor and materials-complete in accordance 'h the`a,o - specifications,at the above stated price.
E& B Paving,Inc.,Authorized Signature L Date: 05/11115
THIS IS ADDITIONAL WORK AUTHORIZATION NO. 14
AN EQUAL OPPORTUNITY EMPLOYER
17042 Middletown Ave.•Noblesville, IN 46060
PHONE:317,773.4132 •FAX:.317.773.4137
www.ebpaving.com
ASPHALT AND CONCRETE CONTRACTORS
Rote
PERFORMANCE AGREEMENT
This Performance Agreement(the'Agreement"), which shall be effective as of the date it is last signed by a pa "JAeeto
(the"Errective Date'), is now entered into by and betweei,the city of Carmel, Indiana, by and through its Board ut Public
Works ana Safety(the"City"), aria Judah and the Lion, LLC an individual or entity authorized to do business in the State
of Indiana and with offices located at zu00 viten Echo Road Suite 105. Nashville.TN 37215(the"Performer').
1. Performance. The Performer shall provide the following live entertainments Judah and the Lion at IU Health North
Hospital An of Wine (the "Performance") on July 1S, 2015 (the Performance Date"), from 6:00 P.M. to 10.00 P.M. at
Carmel Arts & Design District, Carmel, Indiana (the Venue"). Tne Performer shall provide all equipment neres6a-, or
desirable fur the Performance, except that the City shall provide; standard aualo and lighting: mobile stage trailer. Further
particulars of the Perlorma,,ce are described in attached txhibit A,which is incorporated herein by this reference If there
should exist any discrepancy between the terms of this Agreement and the terms of any exhioit attached hereto, the terms
of this Agreement shall prevail,
z. Payment.The City snail pay to the Performer the sum of$4.000.00(the"Payment") on me Performance Date, which
payinei it shall constitute all monies due and owing to the Performer r,om the City for or related to the Performance.
3. Non-Performance. If the Performance is cancehea by the City,then the City shall pay to the Performer the full amount
01 the Payment sum as specified in Paragraph 2 hereinanove. If the Performance is not prOviaea by the Performer as
specified Paragraph 1 hereinabove the Performer shall pay to the City one-half of the Payment sum as specified in
Paragraph 2 here nadove.
4. Sales. Neither the City nor the Performer shall sell tickets or charge admission to the Performance. On die
Performance Date, the rerfoimer may, in conformance with the laws, rules, and regulations of the Venue, sell the
Performer's merchandise at the Perrormance location, and die Performer shall retain all proceeds therefrom without
contribution to me City.
b. Relationship.The Performer is not, and shall not be considered fol any purpose to be, the employee of the City. The
Performe, hereby agrees to indemnify and hold Harmless the City, and the City's officers, officials, employees, agents,
and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, witnoui
limitation, reasonable attorneys' fees ana court costs) that result from any claim for wages, benefits, ur otherwise by any
agent, employee, or contractor of the Performer or rrom any actions of the Perrot mer and/or the Performers agents,
employees,or contractors at or regarding the Performance.
['cense. The Performer hereby grants to the City a license (the "License") to photograph, video record, or oft,wise
depict, in, on, Or tnroagn any medium (whether print, digital, or otFier media format), the Performer and the Performance_
for use by the City in advertising or marRceting the City, the Venue, the Carmel Arts and Design District, and/or and City-
sponsored or City-related events.The License shaii survive the termination of this Agi Bement.
7. Indemnity, The Performer hereby ages to indemnify and hold harmless the City and the City's officers, officials,
employees, agents, and attorneys from and against an claims, suits, judgments, Iiadilities, losses, costs, and eApenses
(inciohing: witnout limitation, reasonable attorneys fees and court wits)that result from the Perrormance or the breach of
this Agreement by Performer.
rs. Ass Brit. i Fie Performer shall not assign this Agreement Or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI,ASCAP, SESAC,
or directly from the wpyi ight holder(s)of all songs or other ,rn.rRs that is not in the public domain and that will be part OT
the Performance, and hereby agrees to indemnify and hold harmless the City, and the City's officers, off',ials. employees,
agents, and attorneys, from and against all claims, sOits, Judgments, liabilities, losses, costs, and expenses fir eluding,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. i Pie Performer agrees to comply with an tederal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under dila
Agreement, and all relevant provisions thereof are incoi ported nerein dy this reference. The Performer agrees to
ndemnrry and hold harmless the City from any loss, damage and/os liabi ity resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with ail lawful orders of the City wan regards
to or related to the Performance.
it. Nvndiacrimination. The Performer represents and warrants that k and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana ana the city prohibiting discrimination
against any employee, applicant for employment: or other person in the performance or the Performer's obligations under
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 rave, religivn, color, sex, handicap, national o,iyir,: ancestry.
age. disabled veteran status antlio, vietnam era veteran status.
32. Iran Certification. Pa,suant to I.C. § 5-22-16.5, the Performer hereby certifies that it ave* „ot engage in investment
activities within the Country of Iran.
13. E-Verify. eursuant to I.C. §22-5-1.7. seq., as the same may be amended from time to time, and as is incorporated
herein by this rererence, the Performer hereby certifies that, to the extent the Performer has any employees. the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
arie-is. Should the Performer violate Indiana's E-Verify law, Me City may terminate this Agreement in accordance with
therewith.
14. Governing Law; Lawsuits. i Psis Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana: except for its conflict or laws provisions. The parties agree that, In the event a lawsuit is filed hereunder
they waive their rignt to a jury trial, agree to file any sacs lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
15. Miscellaneous. Tne indemnities set forth in this Agreement shall survive the termination of this Ag,eement. The
invalidity yr unenforceability or any term or condition of this Agreement*Rail not affect the other terms and conditions_ ana
this Ayfeement shall be construes in all respects as if such invalid or unenforcea6ie term or condition had not been
contained herei,,. i nis Agreement constitutes the entire agreement between the Performe, a,,8 the City with respect to
the subject matter hereof_ aria supersedes all prior oral or written representations and agreements regarding same. I his
Ag,eeme„t may only be modified by written amendment executed by both panies Me;eto. The partes represent and
warrant that they are authorized to enter into this Agreement ana that the persons executing th,s Agreement have the
authority to bind the party which tney represent. The parties warrant that they have read this Agreement and olle,stand
it, nave had the opportunity to obtain legal a'avice and the assistance of counsel tnroughout the negotiation of this
Agreement,and enter into the same freely, voluntarily, ant!witnoat any duress, undue influence or t.oercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as fullows.
i HE CITY OF CARMEL, INDIANA, Judah and the Lion. LCC
by and througil its Boat d of Public Works (Perrrtner)
and Safety(-City')
By: �y /
iii `.
James Brainard, Presiding Officer Aat • 'ze,. .ign =ture
Date:
. ' .. . NAll
Punted N.
Maly Ann Bae, Member /n
Date: r+;S+ 1 f I
I itle
Lori S. Watson, Member FID/I IN: (,I (o' 3s2.7- 6 9
Date:
Last Four of SSN if Sole Pro,natur
A l l t5 I: Date: 5AI/ 15
Uiana Cardray, TAMC, Clerk-Treasurer
Date:
--m
rPAR A D i G Nt PErcFORMANCE Cur TRACT j # 52003 j PAGE 1 OF 3
TAltN i AIjENCY
JIM rARK AVE.Scum,16Th Ftvwc I nEW rod..,NY 10010 I I1i•ay,-1P700 I 212-703-7599 nu• un.r....... APR 2i 2015
Judan mid the Lion j An 4f wine Carmel Festival I ce.mel, zA I Sat,Jul 18, 21115
Agent:Jason Kappr,...an 1KuppemmanQ,paraeiy iagency.com
THIS PERFURMANGE CONTRACT is dated Mnday, April 27, 2015 By and 6etwezn JuDAH AND THE LION. ELC l"ARTIST COMPANY'),
which shall furnish the sccrvlces of Judah and the Don (-ARiiST"), and MOKB PRESi i rS, L[.(-PURCHASER") for the engagement
listed 6ei=,on the terms and conditions set forth In this Agreement. I
i nis Pefirmonce Contract Between ARTIST COMPrcrT and PURCHASER consists of this principal agreornent together with the
Additional Terns and Conditions, AR i 15T-5 RIDtR (Ir any) and any other ext1161ts and addenda which are attached hEErEty and
Inco,Norated herein By this rerer'ence(collectively, this-Awzmenr).
For good and vatua6le:.onsIde:arian,the receipt and sulTic;Ent,y of which is hereby acknowleoge6,PURCHASER and ARTIS k� UMPANT
fiere6y ayrer as follows:
1• ENGAGEMENT/VEnuc:
1
VENUE: Art 3f Wine Carmel FcsclVai
I ADDRESS: 21 N Rangeline Rd
Cenncl,IN 46032
United Stats
DATE OF SHOW(S): sat,Jul 18.2015 T.B.D. SET t CNG,n:
NO.DF snOWS: 1 AGES: All Ages
C Rrcw: 10:00PM
2. CURrcasswiION:
4,0017.00 guerant«d to ARTIST(the"Guarantee-).
Flat Guarantee
3. PAYMENT TERMS:
—PHRGHASER-shaN-pay-a'vepos+ri DI • • • ' no a • u , .
—2016:-
All der�,sits shall be pay:• .y elti e. bank wire to:
PARADIG 410011UST(133191 CITY A3ION L BANK
ACCT: 1 64 40 N. ry Dr stn Fl
220160.6 •tygs CA o jtO----
SWIFT CODE:CINAUS6L
Or b,cashier's or K check payable co PrdutolGMsi CLIENT TRUST[LBM]a • dative • to Paradigm Tu. t Agency ac
360 Par uth, 16th Fluor
New Y. 10010
;roe b: •- of the Garan te shall be paid to and In the name Or •• 1ST COMPANY •y Cas or cashier-s check not later than the
• n ng or the Engag.mnt.
4. PRODUC IOn:
rORcRasER to provide and pay for Sound and Lights,approve°ey ak i ts:S. BILLING:
100%Festi.al Heudlinz
6. TICKET SCALING AND PRICES:
DESCRIPTION 1.40Acn Ill T COMP PRICE TOTAL
GA 10,000 0.00 0.00
awr:1.0,000 1 V TALS: 10,000 0 $0.00 OKOSS POTER„nr
sk.auNG NOTES
Ext r.'
r�:iT A-
reriormance
t Contract 62003.pdf /Of c Page 1 of 3
IPA R AU I G M PERFORMANCE CONTRAc- # bzuu3 Pnva 3 OF 3
IACENT AGENCY
360 PARK Arc.Sui r, 45g1 rzlDR I nem YORK,NY 10010 I 242-o50•11400 I illiO3-/599 FAX uaaur,ooans APR 2,,cora
Judah and the ion I An of Wine Carmel Festival I a.armei,iN 5at,Jul 18, 2015
Agent:Jason Rupperme.. JAuppermaneji radig=agen .com
ADDITIONAL TERMS AND CvNDITtungs
1. NO ortn—on the engagement On ye r! i0%fep,educed or transmitted from the place of peAtmmance,In an,ma-e.or by any means whati,oever
n Ole amerce Of a spedric written agreement with Artist relating to an!permitting turn reeeilling_reproduction or transmission.
a. it is expressly eneerstood by the Purchaser and we must who are panics to tnrs contrail that neither the Federawn nor pie Ranh union nor Paraa.gm are
parties to this contra m any capacity arm,tr0.Rerore,th..t neither the Federation nor the Mon total nor Paradigm snail tie Il.or,.lar the performance or breach
Of any provision nereef.
a. A representative of the Local Union,or the Federation,van have access to me place or....,.,ement covered by this cwincaeT for purposes or communicating
with the Artist performing a.a engagement and tine POfaiaser
4. The ay.ve.nent of we!Dust to perform K sated re,seven detention by sickness,acurcn15,riots,smites,epaemiw,acts of God,or en,other I.yiomao
cwnwotS berme Artist's control.
a. Ravi !a muse is read,,willing,and able w perform. PartHaser agrees to compensate ArtL-t in accordance with the tants hereof,in ria,regergess or acts or
God,fire,acciaeni ftvc,svtte,or any events)or an,Rime or character whatsoever.
6. Purthascr s vrolatiun or velure to penes...,rutr:b en,of the terms,covenants or cotooluuns set forth in tins agreement sn.il constitute a material breath,mkt)
snail lithe Arirst not to appear or perform for any perormance(s)of mis engagement wnnost an,liability to Pu.c...ser;ani in sum event,rutalaaer!HER
be obligated w.viii.wr ME not amount a compensation;acro.-•teed to Artist,In rddiwn to any an!ei other remec1s nor ii i MUM ankh remedies shall
aE comviauve.cn aaaition,it,on or before the data of any.,n!!we,penmrmance,Ponnaser Has tailed,neglected or refused perform any contract win
on other performer for any earlier engagement,or Ii the menial:tend,..-„or credit of Purchaser has been Impairs!or is in Acusis opinion ensusractory.
.vast shoe nave we right to amnia me pe,...ent of all cc npen,.ua.fortHmin.it:l193111ser fairs or recuses to mate-tit pe,ment forthwith,Artist shah nave
ma right to cancel Artist's engoyement by notice to rurvwser to roar enact .-.a i:which event Artist shall retain any amtnnw tnereunure pale by rtai o5,`..
Each tw..,covenant aria cOnaifliarr Welk 13 an essential condition Precede..-..Amer's obligation to pe term anti any!learn by Ptircn..s,. shall entitle Artist
w recover_womotn limitation,damages for any Watts Cif y!!17 writ anti injury to mast's repa1atin,art ee.ta and d.sbursements of Artist In reliance upon ems
my.v....en:via,rust's seam auomey's fees any COSts i....n..etbn with a..,suit,arbitration or other proceeding winner or net IEaetea to n..al judgment
w aware,arising out of tn's contract or e..,aya...ent or to enforce u.e tern,Hereof.
r. rurrnaser sn..n first appi,a..,and all•ester,dent from tHE entertainment preseraauon no the pe,mv.,ts required hereunder Ad payments anali aE mace In
full without any!Elution wnatwever.
B. in ria event me payment to Artist snap IN based in Wore or In part on receipts of the performance(s)rareurrou,PuRR$er
statement of the gross receipts of each performance wit,in c ro(c)flours f!ROWmg Burn peNISMIllance.Artist shag the right an,ha e to deliver to Artist a certifiedenti
the box office at en times an!su01 representative representative present in
presenaove snail Mee aura:!!to be;office records of Purchaser reR1u.ti w gross rearpa of mis engagement ani,
.-wu.aser agrees[!Malan at its own expense on me l..te and at the time of the pertormance(sa a!ove menuonev, ad than R necessa.-, for the proper
presentation or me eMMainmant presentation,indudlnu a suiwixe Meer,nail or aClwrium,web MRlate,lighted•clean and in good order,stage curtains,
a properly nes gran!piano a pianos arra pullet aaaress s,scem!i peffect,working condition Including microphones in num!er aria quality requires b,Artist,
t - tu
41 oessing rooms,air nece....ry electricians and stage hands,all 1.-yhts,rckets,house programs,ail licenses mtluaing maaREI performing nyhts licenses,swim
police,ushers,ticket severs,meet am093,appropriate alto somaent aavertning and p.biloty Including bin not limited to cul•per inti,mailing an!cion
.9.16 _-l Of cirwtars,uapla,newspapv„overurnv.-the principal newspupcm and Purchaser shall'toy all oilier necessary expenses In connection therewith Purchaser
�•fl% ft�""iw l t�.y ell musk rrrotties In t w..txwn with racist's use or music,any In aaeition,era t or an,mr3iZ9o..:(yKhidtry Contras )other Men wise runemea
�t !9 moat as part m!rust's regular company.pufefl5ser agrees to pa,an ernuu ent taxes.Purchaser shall comply won au regmaoans alta requirements of en,
entail or anions that ma,have jurisdiction over an,of the sate macerals,fatritties an!personnel to ce rwnRHea a,Pdrehaser and Artist.Purchaser a-yrees w
comply pr ntrptly trial mows ri er=tions as la stage settings for the performance neree.-.a8.1r Mist so requires,Purchaser....i.umNH at to own expense all
necessary faIRME3,eleaili I,.ns,ssag5filnds and other personnel for lighting and dress rehearsals.rur1tlser snail rmnisn at Ito own expense all other Items and
personnel(including but nil limited to any a.,r all personnel,in1lling musicians,as may 0!regarrea a,o.-,....dotal required for the
riper presentation or col
dire to nmaR presentation liefeunoer,oho an,rehearsals therefore,except for those Itemsa v personnelw�..ci•ARrsar hereon specifically,.;reel to furnish.
an.
rust Wu Have me sole excusive control ever the production,preeenta.an and performance or we engagement nereunaer.mtiuding but not limited to the
details,means and methods of we performances of the performing oasts rmreunler.aria Arlie shall have the sole right as Artist may see fit w les.gnate ana
tflialge at any time me performance personnel MOS Mr;the Artist hereinafter s.edflallr named
as Nothing Ill nes ayreament snail nact essio n or en, contrary to law or to any rules or regulations or any anion,gaud or similar body having
jimsdldion over the services aria personnel ao!a ramrsnw oy artist w P0rcnaser flereonler and wherever there Is a.-t tannin betneen any provision of eta
Agreement afel a..,ilia,...ie or.ryelation,such law,rule or regulation shall prevail and this Agreement mall De cw—tailem•motilin!,or limited o..ly to the extent
c
nessa.ryy to eliminate su conflict
12 T1ss constitute the sole,Complete and binding agreement between the parte!Men 'MR Agreement may not!e ai.,nged,modified or aiterei except Py
an inwnmwiw In writing sig1IED by DOM parties. i nis agreement snag De consmrea m accordance with the laws of the Saw of new ret.POftIser shall not
have the right to—,sign this Agreement,or any provision....reef,bit Artist shall have Se right morn ume w time,alio at...,,tl...e,to assign in rights anuror
Delegate Its OOligauots nereuneR,I wnoie or In pmt to any person,inn or airporation.
13. Nothing cont_!shad ever CO conwuRa..to constitute the parties hereto as a partnership,or jwnt vcnwre,nor w maze Artist liable in whole or
I pert for en,lbtiga,.w.that may be Inured by Purceaaer In PNlnaers denying is any IR we prowsilns ne:eol,or otherwise.The person exttvlmg this
ngreematn on Pito 1Uers Degas warrants fls..uthonty to do so,and such person hereby personally assumes Ialnl(y ear:rte payment or said price In full
14. If Purchaser is providing er tramaonrtation,Artist management is to receive rttird tickets(or the nnanaei eq WCalence)ND E-isCKETS,nu lass than s(one)
f1IWID1 prior Mi engagement,or date may be Cancel=an!deposit(wneuRr IRlWea or dee)mu Da rorreited.
as. Pswto,GM rccrs CNC,PCS rcEN r FUR mei les r AND rtasvn!S ND Moral y.
EY'
Performartt.a Cantraa 62003.pdf Z of
7 page 3 of.,
TOWELS
For the Stays — 15 DaM Rands Towels (Black Preferred)
Dressing Room (If showers available)— 10 Large Bath Towels
These can Be lett in the green room for the band to grab as needed.
CAreRlN nviEALS
7 Hot Meals, Meal Tickets, or Buy-Outs should be provided for Dinner fol Judah
& the Lion band aid touring party no later than One (i) hour before the start of
the performance.
HOSPITALITY
In the Green Room, the Buyer should make the following items available to the
Artist no later than the start of sound check:
• one Case (24) Bowed water
• I welve (1 2) Redbulls
- Twelve (12) ulacieir Freeze vatorades
• Six (6) Peanut Butter Chocolate chip Mitt Bars
• chips and Dip
- Fresh Deli Meat (I orkey, Ram) with Block of Cheese and crackers
- 6 Bananas
MERCHANDISE SACES
Artist is to be provided a large wail-lit space to sell merchandise before, during.
and atter the pelFormance. Venue shall also provide one (1) folding table eight (ii)
feet in lenytfl, one (1) power drop at table: Unless otherwise specified in the
contract.Artist will retain 100%of merchandise sales revenue,
COMP Tit:RE I S
The success of every performance is due in para to the hard work put in by street
team members, merchandise volunteers, and other parties. venue is to provide
Artist witti tirteen (15) comp tickets for each performance.Any unused tickets will
be released by Artist on the day of the perlorrnance.
SECURITY/CREDENTIALS
we will not be traveling with our own tour credentials so we ask that the venue
provide access passes to backstage areas for all members of our touring parry
as well as any openers that will be advanced on a show-by-show basis.
burlEOULE
The touring party would like access to the venue as soon as it can be granted.
This should be no later than tour(4) Flours before venue doors if at all possible.
Once load in time is locked in, the day of schedule will be discussed in more
detail on a phone call with tete Tour Manager.
r I A
OUDAI-I & rHE LION -TECHNICAL RIDER 1
INFUr LIST
Input instrument Mic/Di Stand
1 Kick in SM91
2 Kick Ow Beta 52 S5
3 Snare 5105i TB
4 ion, 1 e604 Clip On
5 Tom z e604 Clip On
6 OH L SM81 TB
OH R SM81 TB
8 SPO-SA(Drum Pad) Radial DI
9 Aux Tom 1 e604 Un
10 Aux Tom 2 e504 Clip On
11 [Cloud L(Keys) Radial DI
12 Nor H (Ray,) Radial DI
13 Synch Bass(Keys) Hadial DI
14 Midi L(Keys) Rail DI
15 midi H (Keys) Radial DI
16 Accordian SM57 1B
17 Mandolin(Pickup) Pickup Provided
16 Mandolin(Clip On) Mic ProvIB@
19 Acoustic Guitar DI Provided
20 Banjo DI Provided
ri BGV 1 (Brian) SM55 TB
22 Lead vox(Judah) Mic Provided TB
23 BGv z Mate) SM58 1B
L4 BGV 3(Dylan) SM58 TB
l:l0i.-Adam llav;, EX` 3:1"
L f
UUDRR & THE LION -TELRNICAL HIDER 3
BAu[KNE REQUIREMENTS
Drums:
Kick
Snare
Ri Hats
Ride
Top Tom
Fluor Rim
All hardware to au;urnpany
Kick Pedal
Drum Roy
Throne
Extra cymbal stand
Keys:
Dura Stage 2 Sw or Electro 3 Sw (-r Power Cable)
3 Stands ictal (1 ultimate Support AX-48 preterred)
Alternative is 3 ON-STAGE Stands
2 Standard Keyboard Sustain Peas
T.M.-Adam Davis A
5- y
Ivicvicker. Me.do
From: Vanessa Miles,APR vstiles@wearevictorysun.com.
Sent Monday, May 11,2u15 3:53 PM
To: Mcvicker. Megan
au5Ject: FW:Fwd:JUDAH &THE LION 718.15
FYI
They are good witn everything
Vanessa Stiles,APR
------Original Message--.----
From :Jason
Kuppermen]mailto:jkupperman@paradigm
agency.com]
sent :5/11/2015 2:49:46 PM
To .
vstiles@wearevictorysun.com
Cc :asoto@paradiemagency.Lom;
zblueston Epparadiemagencv.corn
Subject:FW: Fwd:JUDAH& I HE LION
- 1.18.15
Hi Vanessa,
Igo problem with all of the Below
Begin forwarded message:From:
"Vanes.Sties"
<vstiles@wearevictory un.corn.
Subject:RE:JUDAH&THE LION-
7.18.15
Date:May 11,201)at 8:0z:40 AM EDT
To: '''Arianna Soto'
<a,otoODaradiemaeencv.com>
Hello Arianna.I am moving the
contract through all the proper
channels.Thank you for your
patience!Since my client is a
municipality,there are a tew
layers. i hia event is unique form
other gigs the band plays in that it
is a free event and an outdoor
venue.With that in mind,it often
brings me t.,darify some items in
the band contract to be sure we meet IAHI BIT
all expectations and d7, not
C 0f �r
disappoint anyone.A couple of
things my client wanted to be sure
to clarify to meet the band's
expectations:. Sharing the
stage:u Our festival runs from 5-
10pm. We do not expect iohah&The
Lion to be on Mage the tull time.o
Further,the last few years we have
had some exceptional up and coming
bands with original music.Their set
list though meant we were putting
the,,,on stage at 8pmo i nis gives
us the opportunity to put a small
band on the stage for some opening
moiic. Maybe tor about a 45 minute
set. Plenty of time to break and set
anything for the bana.o There is a
clause in the contract that
indicates no one else is to take the
tage.o I want to be sore your
team is ok that we may have an
opener earlier in the evening. •
band pianoo There is a clause
that outline ti-ie need for a grand
piano....etc.o This is not something
our team can provide at our venae. I
want to be sure Judah and the Lion
is aware of that.o If this is a
problem, please let me know wnat I
can do to help solve the issue.•
Lighting package ant!stage
description:o Our sound
technicians aid lighting team has
always met the needs of our festival
bands.o I had this photo handy of
the stage from i012 with Scars on 45
(since then we have hosted icopecky
and St.Paul&The Broken Bones).o
I Want to be sure the band knows
they will playing outside(of course
weather permitting—we have a
strict and well detailed safety
plan)on our mobile stage to which
our technicians mares yy the needs of
the band with being at an outside
location. o Our sunset time in
Jaly will be a little atter 9pm.The
band faces south and does not play
into the son.As a reminder, we will
need a memorandum of understanding
(MOU)as part of the E-verity
EXHIBIT
HBiT
program. here is the inturmativn on •
Schneider Corporation
t igiueCuug L) p ibii siL-
Apiaa7puau'vrt#LLUU-t(434U1CZ; t'.CJ.#iz'34
Contract Not To Exceed$2,619.20
Ree
JI 1,
Auutl IUNAL SERVICES AMENDMENT TO 1ao
AuREtmtIc I FUR PURCHASE OF GOODS AND SERVICES
R'S AMtNUMEN i t O i Rt uvuuS ANu SERVICES AGREEMENT ('`Agreement") entered into by and
between the City of Carmel and Schneider Corporation (the 'Vendor'), as city contract date May 4, 2011 shat;
„mend the teas of the Ayreement by adaing Me additional services to be provided by Vendor consistent with the
Scope of Work attached hereto and incorporated herein as Exhtb`'t "A'. Furthermore, the terms or Me Agreement
shai be amended to include the E-verify myuirement as stated in inaiana rude §22-5-1.7 et seq.,which is attached
neretu and incorporated Herein as Exhibit 'B", as well as the required E-verify Affidavit, attached Murata and
incorporated herein as Exhibit `'C". Also, pursuant to I.C. § 5-22-16.b, vendor snail certity that in signing this
document, it does not engage in investment activities within the Country of Iran. The terms and conditions of me
Agreement shall not otherwise be affected by this Additional Servk,es Amendment and snail 'email 'n fuI force and
effe.,t.
IN WI I NESS wHEREur, the paries hereto nave made and executed this Amendment as fo?'ows:
CITY OF CARMEL, INDIANA Schneider Corporation
by and through its Board of Public
Works and Safety
By: By:
1..1,47
James Branard, Presiding Officer Au orized Signature
Date:
tc � I��Ssca.cec,c,t Rt..&
Printed Name
Mary Ann Starke, Member .,, 1(OiL. -Ql t
Me'
T"tle
Lori S. Waisun. Member Flu/t IN: 5C-/0—1 1 in 1
Dte
Last i-our ut SSN if Sole Proprietor:
ATTEST:
Date: ' "` 1 I j r GO f 5
Diana Cordray. AMC,TClerk-Treasurer
Date:
ISY;nuxU O S.--d Comb S.4JEw,r__._..,i.MStMeider[mammon.lddlS=Anrwd 347-:1112*:AE-VerirFL-T=re do,.31111201!IRl7 M1'
CONTRACT AMENDMENT
No. z
PROJECT NAME: 106th Street Trail TSC JOB NO. 7391.002
RE: Professional Services Agreement between The City of Carmel ("Owner") and The Schneider
Corporation ("Engineer")dated May 4,2011.
Reason for Change:
Concerns from several utilities required the survey of additional potole information to allow for more
accurate design and utility coordination.These potholes were surveyed in February and April of 2015 at
a cost of$1,259 and$1,360.20.
SCOPE OF SERVICES
Field Survey Work
• Pick up vertical ana Rorizontai pothole information for water and gas utility lines near williams reeR.
Total: $2,619.20
FEE SCHEDuLE
Original Fee for Services as uutlinea in
"Fee Schedule--Attachment B"to said Agreement: $125,61 I.SU
Prior adjustments: $28, iS.O0
Fee Additions by this Change Order: $ 2,619.20
Fee Deletions by this Change Order: 0.00
Final Adjusted Fee:
OWNER ENGINEER
The Schneider corporation
By: By: 64,41.//
Print: Print: Michael Krosschell, RLA
Title: Title: Senior Project Manager
Date: Date: May 12, 2015
EXHIBIT A
YriiTassl'vllal bai vli.£ Agra€'marl[BatWeari / Of
var 10/96
ne Scnneiaer uorporaton and `/
The City of Carmel February i i.zui4
Ta7k17391t0021doastcuntract\2015.05.12 Contract Amendment#03 dOCA
LETTER OF TRANSMITTAL
Date: May 5, 1015
To: Doug Raney
Depaarffmeiit of Law
From: Jeremy RasHman
Depalrment of Enyil leering
RE: JuInt Forming Agreement
Streamflow Gauge-Williams Creek at 96th Street
Atta64 ed for legal review is 5u6jeut Agreement.
I His Ayreement is needed for the May 2Uth 6PW meeting.
I IlanK you.
wi fi nos UM 11
11 a :. Iii III ul 2 ui
May 13,2015 CITY OF CARMEL
JAMES BRAINrucD, MAY Ox
Mr. Michael Krosschell
Schneider corporation
8901 Otis Avccuuc
Indianapolis, IN 46216
RE: Additional Service Amendment#4,PO#32934
Dear Mr. Krosschell:
As we discussed,the City of Carmel has a need for additional protessional services. Pursuant to our current contract
with Schneider, dated May 4,2011, I have,equcsted and received from you me proposed scope ot services and tee
estimates for me following work task:
Additional Service Amendment#4– 11-05; 1u6'h Street Path,Illinois to Ditch
Dua;gn Services supplement
Not to Exceed: $2,619.20
Per our contract procedural requirements, I hereby approve these Additional Professional Services estimates,and
request mat me Board of Public Works ratify the above referenced Contiaet Amendment.
PLEASE NOTE
Please be advised that"Additional Services"performed on City c ntiacts must be billed separately trom the original
contract and omer additional services. More importantly,the invoice must I del encs the appi op.late Additional
SieY:Ce#and r.O.#shown above. Invoices received without the Additional Service#referenced will be ietuined
for proper identification. Thank you fog your continued assistance in providing the City ot Cannel with your
professional, quality services. If you should have any questions,please give me a call.
Sincerely,
Jer Kas man, P.E.
City Engineer
RevieW*and appioved by:
—� I
S. . Engelking
Director of Administration
w ,zC -40 ' 371.2 1 Fn, 317 571,2 39
LETTER OF TRANSMITTAL
Date: May 13; 2015
To: Doug Haney
Department ot Law
From: Jeremy Kashman
Deparffment ot Engineering
RE: Schneider Corporation —Additional Services Amendment
An Additional Service Agreement is needed tor Schneider Corporation tor the June 3rd, BPW meeting,
please.
Attached please rind Schneiders' scope of worR and purchase order.
Contract Intormation:
Project Name Project 11-05; 106th Street Path, Ditch to Illinois, Design Supplement
vendor: Scnneider Corp.
Amount: $2;619.20
Appropriation: P.O. 32934; 2200-84340100
Signature: Michael Krosschell
Address: Historic Ft. Harrison
t9U1 Otis Aver iue
Indianapolis, IN 46216
Phone: 311/52b.1321
Email: mkross.hell@S.;hneideruurp.com
-1 O J�' INDIANA MEIAIL TAX EXEMPT PAGE
✓111.ty ®�f Carmel
e l uER i Ii-k A I t Nu.uusl zul 55 002 u
11 11 JL 1111 111111 PURCRASi ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT '32 d 3 4
35-60000972
UNE GIvIi 5UUARE THIS NUMBER MUST APPEAR ON INVOIC=cs,yv=,
CrAMIVICL,INDIANA 46032-2584 vCCCHER. DRIVER MErvn7. PACKIRIG sElt-z,
SKIPPING Moen nrvu A1v1 CC1RREsPONoENCE.
IRM APPRuvED by 5 IAI E BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
:RASE ORDER 13/Aum DATE REQUIRED REQUISITION NO. VENDOR NO uEaCRIPIIDA
:112 1' s
The ICI--‘,.e r CIS CpO T-Fi.i'1 O r-1
$9 O' or' s Rve—:.e SHIP,
ENUOR pep+ pi- i:1--.19Ir eem
I. .5. CL'1c ro 11 1, I N Lila Z 1 1p TO
IrIRMATION BLARRE I CON I RNC' PAT Mem 1 1 cRI01S FRtIGR 1
QUAN I I I r ONI I OF IGIEA5UR, DESCRIPTION Ord I PRICE EA 1 EA3101.1
Co, .'rr-rtC,t DCLt-e. : 5 1-1 /I;
Alit # 9
11r P-c7Jeck Ii-05
", '
l� I si , }p'pit C►,
• Cik% .riroir
. 11 A f Pes ;5,-, s wppI-emenfi
110
111,
ti., . N'`E X2,1011 _ 'LV
�.
111.114,11. -'''''-'?.4'!;*, , "- 410 ii.S
i isli `P 40 22o0 -- 2M3.t0► (... 0
'
&7ONC0øS
end Invoice To. SI ci 1 5
. -.-,5,..re enr
PLEASE INVOICE IN DUPLICATE
DEPAR I MEIN I ALLUuN I rR03EC 1 PROJECT ACCOUNT AMUIJN I
PAYMENT
• Air vODORErl CArvrv0I BE APPROVED FOR PAYMENT UNLESS THE P.O
NDICIBtR 15 MADE A FAR 1 Or IRE vrDincn AMD EVERY INVOICE AND
vOUCRER HAS IRE PROrER svvOnf ArFIDNvl,Ai IACRED.
SHIPPING INSTRUCTIONS • I HEREBY CERTIFY TH I HERE Is AN ONOB[iGAI Eu nAI7RIvOE IN
THIS APPROPRIATI01 I R _...•o PAY FORT 4BOvt ORD! R.
•snIP REPAID. ;
•C.O.D.SHIPIG101 I s CANNi I BE ACCEr I ED. '� - /
•PURCHASE ORDER NUMBER MUST APPEAR ON A UnUERED Br
sRirrInO CREELS.
• I FII E RDER IsQuED Iry OuIVIrEIANCE vvi IR Crum.—.;R aa,AC 13 1 a47 TITLE AND AC I s AMtNDNI DRY 1 REREOF AND sDPFE/M"N 1 I ncRE 1 O.
CLERK-THEASuREH
nr'I inncnir nrvo-rcnI Rin `1') 0 0 A VENDOR COPY
Wnite KrvEt Alliance
�iigli,ceiiitg Department-2015
Appiopiiatiot,#2200-R4350900; P.O.#32627
Ui,utiaCt PIM Itj tAMCU$10,000.00
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 ot uarmel, Indiana, acting by and through its Board
of Public Works and Safety ("uity"), and white River Alliance an entity duly authorized to do
nosiness in the State ot Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has reaa and understands this Agreement, and agrees that its execution of
same constitutes its acceptance ot all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") trom vendor using City
budget appropriation number zz0u-R435u d0 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 Gums arra Services to 6e provided to City hereunder
shall be no more than len i nousand Dollars ($10000.00) (the "Estimate"). Vendor shall submit an
irrvU CC to t.ity 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 luny as and to the extent
such Goods and Services are not disputed, are in conformance with the specifications set torrtri in
Exhibit A, are submitted on an invoice that contains the intormation contained on attacned Exhibit B,
and Vendor has otherwise perturmed and satisfied all the terms and conditions of this Agreement.
32 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 whi�;h 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 ot City's intended use
and expressly warrants that the Goods and Services provided to City pursuant to this Agreement
nave peen selected by Vendor based upon City's stated use and are fit and sufficient for their
parfficalar purpose.
R C:,vdz SyRAvrr AWmu.(oo&l Scntcra FORM-Write F-Vmlgw1w-4/12A20151131 AM,
wnite Rivet Alliance
t„ginee,i„g Department-2015
App>iopiiation#2200-R4350900; P.O.#32627
Coati act N'vt l v t.Aceed$10.000.00
b. IDE AND iERFORMANCE:
This Agreement shall become effective as of the last date on which a parrry hereto executes sarin (''Effective
Date"), and both parties shall thereafter perform their obligations Hereunder in a timely manner. I ime is of the
essence of this Agreement.
e. DISCLOSURE AND WAHN1NGS:
it 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 tnereut 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.
1. LIENS:
Vendor shall not cause or permit the filiny of any lien on any of City's properfly. In the event any sacH lien is
filed and Vendor fails to remove such lien within ten (1u)days atter the thing thereat, by payment or bonding,
City shall have the right to pay spun liar or obtain sucH bond,all at Vendor's sole cost and expense.
B. DEI-AUC I:
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 proyrESS so as to endanger timely and proper provision of the Goods and Services and does
rim correct sash failure or breach within Live (5) business days (or such shorter period of time as is
commercially reasonable ander 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 hereof der, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (1) exercise all otHer rignts
and remedies available to City at law and/or in equity.
y. INSURANCE AND INDEMNIFIGA I lull:
vendor siail 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 fur the protection of City and
Vendor from all claims for damages ander any workers' compensation, occupational disease ancuur
unemployment compensation act; for bodily injuries including, but not limited tu, personal injury, sickness;
disease or death of or to any of Vendors agents, officer, employees, contractors and subcontractors; and,
for any injury to or destruction of prupeffy, including, but not limited to, any loss of use resulting therefrom.
I He coverage amounts snail 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 piuvide that such irmum rce policies Shan nut be
canceled without thirty(30) days prior notice to City. Vendor shall indemnify and Hold Mai Mess uity trurn and
against any and all liabilities, clams, demands ur expenses (including, but not limited to; reasonable attorney
fees) for injury, deatn and/or damages to any person or property arising from or in connection with Vendor's
provision ut Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
vendor further agrees to indemnity, defend and hold harmless City and its officers, officials, agents and
employees from all c'aims and suits of whatever type, including, but nut limited to, all caurff costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any or vendors agents,
officers, employees, contractors or subcontractors in the performance of tn,s Agreement. These
it demi rificatior r obligations snail survive the termination of this Agreement.
Goads;Tss\En;i.roingVIlMWhnr!=.'.rr AuIi0000 Comb&Senh n FORM-WITH E-Vm1,.do,.$II2F2015 I I-s AM.
White Raver Alliance
Engineering Department-2015
Appropriauon#2200-R4350900; P.O.#32627
Contract Not To Exceed$10,000.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rates, regulations and codes
which may be applicable to Vendors perormance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated Herein by this reference. Vendor agrees to indemnity and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, Tales,
regulations and codes.This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and war r are its that it and all or its officers, employees, agents, contractors and
subcontractors shall comply with all laws ut the united States, the State of Indiana and City prohibiting
disrrimir ration against any employee, applicant for employment or other person in the provision of any Goods
ana Services provided by this Agreement with respect to their hire,tenure,terms, conditions and privileges or
employment and any other matter related to their employment or subcorrtractirrg, because ut race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or vietnam era veteran
status.
12. E-VERIFY
Pursuant to I.u. 9 z2-5-1./ et seq.; as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E-Verity Law''), Vendor is required to enroll in and verify the worR
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verity program and does
not knowingly employ unauthorised aliens. In support of me Affidavit, vendor shall provide the City with
docurrientatiun indicating that it nas enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the perrformance of any work under and pursuant to this Agreement, it shall fully
comply with tne Indiana E-Verity Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation arrd tnerearter, it
no timely cure is performed, terminate this Agreement in accordance with either the provisions Hereof or
those set forth in the Indiana E-Verify Law. The r egairemer its of this paragraph shall not apply should the E-
Verify program cease to exist.
13. Nu wAIvER:
i ne tailure 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 snail the waiver by any
party of a breach of any provision of this Agreement constitute a waiver ut any succeeding breach of the
same or any other provision hereof.
14. NON-ASSILinrgitrl i:
vendor snap not assign or pledge this Agreement, whether as collateral for a Lai or otherwise, and shall nut
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of tne parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
or its oro vers, employees, contractors, subcontractors and agents are employees of City. The contract price
set IQrrh nere'n sha" be the full and maximum compensation and monies required of C:ty to be paid to
Vendor under or pursuant to this Agreement.
".1Lmirxt-..Su s R Goods SsnWnsIneo nWOIS WhjI-Rn.-AR.xne Gilds h Ses-.—.FORM-NTT"E-V.wf:.dor 5/1 UNgS 11 Lt AMI
3
White River Alliance
Engineering Department-2015
Appropriation#2200-R4350900; P.O.#32627
Contract Not To Exceed$10,000.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Inaiana,
except for its conflict of laws provisions. i Fie parffies agree that, in the event a lawsuit is tiled hereunder, they
waive their right to a jury trial, agree to tile any such lawsuit in an appropriate court in Hamilton County,
Inaiana only, and agree that such cue is the appropriate venue for and has jurisdiction over same.
17. 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 cleaned retor med ur aeleted, bat only to the extent necessary to
comply with sa►rie, and the remaining provisions ut this Agreement shall remain in tuii torce and effect.
18. Flu i iCE:
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 oany to be notified at the address specified
herein:
If to city: city or uarrnel AND Douglas C. Haney, City Attorney
One Civic Square Department of Law
Carmel, Indiana 46032 One Civic Square
Carmel, Indiana 46032
If to Vendor: white River Alliance
1052 woodlawn Avenue
Indianapolis, Indiana 46203
Notwithstand'ng the above, notice of termination under paragraph 19 hereinbelow shall 6e effective if given
orally, as long as written notice ;s then provided as set toren hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 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 6y
Vendor and/or if sufficient tunas are nut appropriated or encumbered to pay fur the (goods and
Services to be provided hereunder. in the event of sucn termination, vendor snail 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 terrfrination, unless the parties have previously agreed in
writing to a greater amount.
io.z 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 Serv'ces delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of term'riafon,
unless the parties have previously agreed in writing to a greater arrroant.
19.3 The City riray tennilthis Agreement parsaar►t to i-'aragraph 11 hereof, as appropriate.
ISA ontraatsvrw.S1.At Goods Soul[ng,inersingl201AWFM. Goods @ S...= FORM-Watt E-V,.4P;.doz:51118015 11 11 AMI
a
wnitz xlvei Alla„%'c
L1i i1i c„u�UC1/cZiG„'c„[-LC/1D
AY1ni,lniatl3„#LL00-x43D0900; P.O.#32627
Cr,1t1 act NOr To E,.ceed$10,000.00
U. REPRESENTATIONS AND WARRANTIES
I he 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.
21. 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 notity
vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only atter City has approved vendors time and cost estirirate for the provision of such additional
goods and services, has encumbered satticient monies to pay fui same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services De 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 it r the order in which they are approved by City.
22. I ERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove,this Agreement shall be in effect from the Ettective pate througn uecenrber 31,2u15 and shall,
on the first day of each January thereafter, automatically renew for a period of one (i) calendar year, unless
otherwise agreed by the panics hereto.
23. REAUIrluS
All heading and sections of this Agreement are inserted for cunvenienCC only and do nut form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
I he parries, 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.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN GER I IFIUA I ION: Pursuant to I.C. § 5-22-T5.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the uountry of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice aro id assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely,voluntarily,Fula without any duiebs, undue influence VI coercion.
28. 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 hereot, and supersedes ail prior oral
or written representations and ayrecments regarding same. Notwithstanding any other term or condition set
torrth herein, but subject to paragrapn 16 hereof, to the Cxterit 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
suwessors in interest.
rS:'C,...:.VTdS•.:A Gooch S:4NE..yti�.v.,HUNKY::.R:t,ARia1..Cmc-&Sm—FORM•WITH E.V...17.doc.5/13/'115 1 14 AMI
5
Wh;re%.e. Alliance
raiginaet;ng Dei,a'eittene-2015
R ppropriauon#2200-R4350900: A.O.#32627
Contract Noe To Exceed$10,000.00
IN WITNESS WHEREOF,the panes hereto have wade and eAeuutad tnis Agreeirt as fupows:
CITY OF CARMEL, INDIANA White River Alliance
by and through its Board of Public
wore cns and Safety
By: By:
c
James Brainard, Presidng Officer A rized Sign
Date: l
.,e:,L;1J E.
Printed Name
Maly Anti Burke, Member I
Date: C.,,C) Ls t4-k ►e. 5►Tic cr
Title
Lori S. Watson,Member FIDITIN: — ?b-4 (p l`C '
Date:
Last Four or SSN if Sole Proprietor.
ATTEST:
Date: I a I IS-
Diana i ordray, IAIMU,Clark-I reasurer
Date:
tx.K_�iYed C-..!(:..F=^ .linerme2n1 41Nli>eK17—Mitax.tL..1,.1tS..:ir MUM•WR it Fvw,r. .,,.I Noll 113a Halt
6
WHITE RIVER White River Alliance
1052 Woodlawn Avenue
ALLIANCE Indianapolis,IN 46203
www.tnewRiterivuralliance.org
Processional Services Letter Agreement
December 19, 2014
John Thomas
City of Carmel
One Civic Squai e
Carmel, IN 460.5z
RE: Regional MS4 Public Education and Public Involvement Program
Dear Mr.Thomas,
This Professional Services [atter Will serve as a written understanding of the services to be
provided by the White River Alliance (hej ein referred to as the Alliance)to the Town ot Cicero in support
ot the Town of Cicero's MS4 permit requirements for Minimum Control Measures (MCMs) 1 and 2,
Public Education and Public Involvement(in accordance with 327 IAC 15-13(Rule 13)).
Services provided by the Alliance are not intended to and do not substitute for the Town of
Cicero's responsibility to meet it3 applicable permit requirements for these MCMs. However, the
Alliance's services are intended to greatly benefit the Town of Cicero in meeting these requirements.
Services will supplement your local program ana help leverage other participating MS4 resources for
implementation of a complemental—y regional program.
Services will be performed by the Alliance's contracted professionals. Most, it not all services
should be perFormed by Alliance-contracted professionals under this agreement unless otherwise
specifically committed to within subsequent committee meetings.
This Agreement will terminate on December 31, 2015. It available tunds within each category
have not been fully utilized 6y date, the funds will be forwarded to the next year and a subsequent
agreement will be negotiated among the participating MS4s as to how the money should be allocated.
It the participating MS4 opts out of the program for any reason, funds will Be torteited to the Alliance.
Fees will not be prorated within the calendar year or refundable. Participating MS4s have a right to use
products tor as long as they have an active agreement with the Alliance or the funds from a previous
agreement are spent. The Agreement can be renewed with amended deliverables througout the year
and in subsequent years.
At the time of this letter, the regional program is expected to garner financial commitments
totaling S63,750. This amount includes program tees from participating MS4s and anticipated
registration fees and sponsorship for the I rained Individual worsRhop. A tew other key sponsorship
requests are pending that if secured would add additional deliverables to the annual program. As other
MS4s join this regional effort over the coor3e of the year, their funds will also be used to help increase
services and/or products or expand the reach of program delivery into other MS4 jurisdictions.
Decisions and recommendations regarding the development of materials, messaging, and overall
EXHIBIT 1A
! OfS-
program direction will be led by a committee of participating 10154 representatives (including the Town
of Cicero) and other at-large Alliance members as appropriate. i his committee will meet as needed
Throughout z015, but no less than quarterly.
The 201 rrogram may evolve based on the advancement of partnerships ana complementary
programs, aach as the Clear Choices Clean Warer Sponsorship program. As the Alliance's MS4 Public
Education and Involvement Program evolves throughout the year, adjaztments to the exact allocation of
funds spent on individual tasks may need to shift. Any adjustmentz will require future discussion with
committee members. Decisions about adjustments (shifts of funds between outlined tasks) will be
made by a simple majority ot members present at the appropriate Education Committee meeting. At
least su days' notice will be provided to members of any meetings that involve budget adjustment
disco. ions.
At a minimum, the Alliance's 2015 program will provide the following within the designated timetrame:
uEvtEOPMENT OF'TRAINED INDIVIDUAL'CERTIFICATIOIQ PROGRAM
budget for Item 1: $17,960
Activities include the tinal preparations and expenses for the z015 workshop as well as processing the
first set of certifications (exam grading, database entry, etc.). initial planning for the 2016 workshop will
also take place.
Delivery: March 31,2015 with the potential for a second wog kshop later in the year as needed.
GRASSROOTS ENGAGEMENT
B udget for Item 2: $13,425
Activities include delivering programs to schools and organiLations identified in 2014 as well as
eultivating, training,and overseeing volunteers who are delivering programs.
D elivery:Ongoing throughout 2015.
ADvARICEMENT OF CLEAR CHOICES CLEAN WATER
Bridget for Item 3: $10,500
Activities will include redesigning the overall postcard to include new pledges, coordinating with partner
organiLations to integrate Clear Choices messages in their programming and materials, and identifying
target audiences for distribution of Clear Choices in their venue .
Delivery: Redesign ot postcard — February 15. Coordination with partner organizations and target
audiences—ongoing throughout 2015.
booIAL MEDIA
Budget for Item 4: $5,000
This item includes regular posting to various social media outlets, authorship ot 'canned' social media
posts and newsletter articles, the completion of a content calendar for MS4 use, and assistance to
individual MS4s to embed Clear Choices social media feeds into their websites.
Delivery: Articles - quarterly, with final article November Lu1.5. 'Canned' social media posts—biweekly
or more frequently. Regular posting to social media sites — weekly. Assistance in embedding social
media feeds—February 28.
A
z
MS4 STAKEHOLDER SURVEY
budget for Item 5: 54,100
Activities include updating survey question from L009, designing the online survey, creating a postcard
tor MS4s to distribute throughout their municipalities, analyzing survey data, and modifying existing
Clear Choices materials to reflect any significant changes found in the publics perception of stormwater,
etc.
Delivery:August 31
OUTREACH TO NEW AUDIENCES
Budget tor Item 6: 54,000
Act'vities will include delive,ing 'state of the waters' presentations to key Business and protessional
groups with follow up to embed Clear Choices web (inks on their site, provide materials tor distribution,
etc.
Delivery:Ongoing throughout 20: 5.
ADMINSTRATIVE SEKvICEa
Budget for Item 7: $8,i6
Activities include coordinating monthly committee meetings, managing the MS4 Budget, year-end
planning, providing an affinUal report of act'vities, and starting the Clear Choices Clean Water Booth at
the annual MS4 conference.
Delivery: Meetings and budget — ongoing. Annual conterence — May. Year-end planning and annual
report—October through December.
ADDITIONAL SERVICES INCEDDtD AJ PAtt I OF ALLIANCE MEMBERSHIP
Budget for Items 8-12: No fee since item funded via dues
Item 8: Promotion of local evetit3 to larger audiences via the Alliance's various communication
mechanisms.
Items 9: Grant writing and sponao,Aip/partnership development; including use of not-tor-profit status
for grants.
kern 10: Materials, tools, stadie�, and resources developed as part of grants, committee work, and
activities or research with partners.
Item 11: MS4s will be provided notice and opportunities to coordinate their local efforts with the White
River Festival.
Item 12: MS4s will have the opportunity to request assistance trom coordination start in the purchase of
additional products and service3 a la carne(via separate agreement),to include area-specific walkable
maps,table top storm drain model, and radio buys.
EXH -iT A
The Town ot Cicero, Having paid the tees outlined below in Table 1 of this letter to compensate
for time and material resources associated with the above listed Items, theretore maintains active
membership in the White River Alliance through payment ot Alliance dues.
I able t:Coordinates MS4 Program Fees-Year 7(2015)
MCM 1&2 Program Cost of UWRWATotal Financial
I
Fee(pop.based) I Membership t Commitment
Population < 5000 1000 $500 $1,500
Population 5,uuu - I 5,000 3000 $1,000 $4,000
Population 15,001 - 50,000 6000 $1,000 $7,000
Population 50,001 - 100,000 9,000 I $1,000 $10,000
Popula!:-ion 100,001 - 25u,uuu 15,000 ! $2,000 $17,000
4
Population 15u,uo I - 500,000 40,000 $5,000 $45,000
Population >500,000 @ 55,000 I $5,000 $60,000
1 he white River Alliance continues to strive to deliver a comprehensive, nationally recognized
public education program. To do so, we must expand upon our existing accomplishments: avail
ourselves of promising bat underutilized local outreach opportunities, continue to develop and build
support fur the 'Trained Individual' program, refresh our understanding ot our stakeholders via an
updated stakeholder survey, and capitalize on newly developed pledge campaigns by identitying partner
organiationb and new target audiences through whom we can extend our Clear C7 oices pledge
messages. Aa we do 3o, we will look to our local partners such as the Town of Cicero to help us
under3tand the need of their specific local audiences, and will rely on them to ensure local
implementation of the program's projects. Thank you for your vision and collaboration as we work to
make notable atridewater yaality;n central Indiana through planning, education and awareness!
We look forward to delivering d great program and growing our partnership with the Town of
Cicero and other key white River water shed stakeholders.
Sincerely,
r...�f J
Alex Umlaut, Treasurer
Upper White River watel-3hed Alliance
Signatare of Participating 10154 Tit e
Printed Name Date
Li 5
WHITE RIVER ALLIANCE INVOICE
wA rERbRED ALLIANCE
WHITE R I v E R lust woodiaNn Avc Date Invoice#
ALLIANCE Ir a►rap—io is,IN %Z03 12/laini4 Uvvzu i41GIS4 IGIUui
(317 672-7577
thewhiteriverafliance org
Terms Due Date
upon Receipt
Bill 1 o:
Odin i licma3
City of Carmel
One Civic Square
Carmel,IN 46usz
Total Billed to
Description vale Date Due
2015 Uppei White Membership Dues $1,000.00
2015 Regional MS4 Program hues $9.000.00
t:.uRREN I 1 u 1 AC $10,005.uu
PREvIvuS BACAICGE
1OIAC BALANCE DUE 4)1U,000.UU THANK.yorw.
A
5k
INDIANA 'AOC !AA EXEMPT
C it of ar el CER I kI AEENu.00320155 002 0 PAGE
PURCHASE ORDER NUMBER
FEDERAL EXCISE IAA EAE,YIrl L q;5 b
1S-ouuuuut2
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON iNVOIOE
CARMIE,INDIANA 46032-2584 VOUCHER, DELIVER,' MEAD, rw%nIRG
SHIPPING uKBECs AND Arvr CORHESPDNDt
FORM APPROVED BY STATE BOARD OF AClCuuN I S FOR VII Y of CARIMIEL-1997
'URCHASE ORDER DATE DATE REQUIRED RECIOIaI i IDN NO. VENDOR NO. DESCR r c Ivry
Slslls
vka R't•r N. Is I I.%0-rt c e
052_ w ood I ck-vv.-% Ave,
vtlwoF SHIP
�. ,G► a-1-1c-I.,o11a , Iv �p - uEng,• .eer.►-.s
1-1 2t.):3
coni Ii041ON BocNRET CDR RAC PAYM*NT FREIGHT
QUANTITY UNIT OP INEAsunE DESCR PT ON DNI c FRU EXTENSION
ZOIS Upp Cr' W► }L
Due .5
1 Iv%
NrC LI r'Ctl�"1 Du a-s
oo
IN 11G = IO� vuv
Send Invoice To: Use P �. 3 7-(.021-
t�Nlr1E vvi J
NCEASE INVOICE IN DUPLICATE
DEFAR I MEN I AUCUUI9 F PROJECT PRO.itu I AL:C JUN I AMOUNT
PAYMEN I
• rvr vDOCRER CANND i BE APPROvED FDR rwrMAEN I UNLESS i HE P.O.
NUMBER w IAADE w rANT Or THE VOUCHER AND EVERY INVOICE AND
vOUCHER RAS THE PROPER SWORN AFFIDAVIT ATTACHED.
SHIPPING INSTRUCTIONS • I HEREBY CERTIFY TH THERE IS AN UNOBUGATED B. ND!IN
THIS APPROPRIATIO ENT TO rwr r ,nE/ABM!/ABM!vnuER.
•SHIP REPAID.
•C.O.D.SHIPMENTS CANNOT BEACCEP EO.
ORDERED BY
•PoROnresE ORDER i DI !EM Mos I ArrEArt DN ACC
RIFT IMO CAaECs.
•THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS iavo I I 1 CE
AND ACTS AMENDATORY THEREOF AND SUPPLEMEN c ,ncHc D.
CLERK-TREASURER
lirEr-IINuMuI r-flilr17ro1 R,TT b'J1n r2
RESOLUTION NO.BPW 06-03-15-02
RESOLUTION OF THE CITY OF CAIciv1EL BOAKD OF PUBLIC WORKS AND SAFE I Y
ACKNOWLEDGING RECEIPT(W CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel. Indiana ("City"), ;s authoriLA t�
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3,the City's mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard,has caused to be signed the City contract attached he►etu as Exhibit A(the"Cot,t,act"); and
WHEREAS, Mayo' Btai,tatd now wishes to present the contract to the City's Boara of Public Works and
Satety tor it to be publicly acknowledged,tiled in the Clerk-Treasurer's Office,and made available to the public for
review.
NOW, THEKEFuKE, BE II RESOLVED by the City of Carmel hoard of Public works and Satety as
follows:
1.The foregoing Recitals are inco,poratea herein by this reference.
2.The receipt or the Contract is hereby acknowledged.
3.The Contract shall be promptly filed in the ottice of the Clerk-Treasurer and thereafter made available to
the public for review.
SO RESOLVED this aay of 2u15.
CITY uF CAKMEL,INDIANA
By and through;TS Board of Public Woks and Safety
BY:
James Brainard, Presiding Officer
Date:
Maty Ann Burke, Member
Date:
Lori S. Watson,Member
Date:
A 1 1 EJT:
Diana Cordeay, IMCA,Cle,k-T,eabure,
Date:
:j,ncrl..ni1..wsrw ns,�..:ate,Contract AcKno7.icdbnx:nt Rcsolut[on.docx
KP Asavciutcs,LLI:
Dept.of Community Relado11 &rcm„v„wa Development-2015
Appropriation#1203-4359300;P.O.#32723
t:o„rt—acc Plot To Exceed W,750.00 410i,
sti
JAO
AGREEMENT FOR PUHGRASE of GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF uuuDs 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 KP Assuulaws, LLC an entity duly authorized to do
businEiss in me 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 tens and conditions.
z. PERFUtiMANuE:
City agrees to pur`nese the goods and/or services (the "Goods and Services") from vendor using City
budget appropriation namder 14M-4359300 funds.Vendor agrees to provide the Goods BM Se ices and to
otherwise perform the royaireements of this Agreement by applying at all times the highest tacnnicai and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 vendor estimates that the total pnce for the Goods and Serviut s to Be provided to City hereunder
snail Be no more than Forty Eight Thousand Seven Hundred Fitty Dollars ($48;750.00) (the
tstimatee").vendor shall submit an invoice to City no more than once every tnirty(30)days detailing
the Gads and services provided to City within such time period. City shall pay Vencor tor such
Goods and Sei vices wt'triin sixty(6U)days after the date of City's receipt of Vendor's invoice detailing
same, so long as and to the extent sacs taoods and Services are not disputed, are in t unforrnance
with the specifications set forth iri EAR A.are saomitted on an invoice that contains the information
contained on attached Exhibir B, and Vendor has utnerwise pertormed and satisfied all the terms
and conditions of this Agreement
32 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 wrllting,to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly wartttttts that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and/or 9autatiuns regarding same as were provided to
vendor uy 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 knuwe of City's intended use
and expressly wanants that the foods and Services provided to City pursuant to this Agreement
have been selected by Vendor basea upon city's stated use and are fit and sufficient for their
particular purpose.
I S a Pel. M,,5..r Mmges.iaw.(..±6 sive rworldr',:,7A,•7 (IM,