311481 5/23/2017 CITY OF CARMEL, INDIANA VENDOR: 366545 CHECK AMOUNT: $****54,449.47*
ONE CIVIC SQUARE OLD TOWN DESIGN GROUP
CARMEL, INDIANA 46032 1132 RANGELINE ROAD CHECK NUMBER: 311481
CARMEL IN 46032 CHECK DATE: 05/23/17
'Mi ror
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
610 5023990 54,449.47 OTHER EXPENSES
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} � � � p � e � J A J ■ o S o 2 J �
January 4, 2017
City of Carmel
Board of Public Works and Safety
One Civic Square .
Carmel, IN 46032
RE: Sunrise on the Motion
Water Main Infrastructure
To Whom It May Concern:
Based on all information provided and through onsite investigations and coordination during the
actual installation activities, the water main extension, per the approved construction plans and
material specifications for the Sunrise on the Monon development, has been substantially
completed. The installed length of water main is consistent with the plans and extends northerly
near the Westfield Boulevard and 99th Street intersection, but is currently terminated at the south
side of the existing Sunrise offices drive approach off of Westfield Boulevard.
If you have questions or require additional information, please contact me at (317) 780-1555 ext.
112.
Sincerely
Grego J. ,
Vice President
3417 Sherman Drive ■ Beech Grove,Indiana 46107 ■ Tel 317.780.1545 ■ Fax 317.780.6525
CONTRACTOR
RELEASE OF LIENS
WHEREAS, we the undersigned, have installed or furnished labor, materials or equipment
for the installation of the Project entitled Sunrise on the Monon installed pursuant to a
written agreement dated , 2016 , between the Old Town Development
, hereinafter called OWNER and Weihe Construction, Inc. having
an office at Noblesville, IN hereinafter called CONTRACTOR, which said
facilities are owned by the OWNER and described and located as follows:
Paid in full—waterline
WHEREAS, we the undersigned, have agreed to release any and all claims and liens which
we have, or might have, against the OWNER or said facilities by reason of the labor, materials and
equipment furnished by us in connection with said installation;
NOW THESE PRESENTS WITNESS that we, the undersigned, in consideration of the
premises, and of the sum of Fifty-one thousand eight hundred fifty-six and 64/100 Dollars
($51,856.64) in had paid by the said OWNER, at and before the sealing and delivery hereof, the
receipt whereof we do hereby acknowledge, have remised, release and forever quitclaimed, and by
these presents do remise, release and forever quitclaim, unto the said OWNER, its successors and
assigns, any and all manner of liens, claims and demands whatsoever which we now have, or
might or could have, on or against the said facilities or the owner thereof, for work done, or for
equipment or materials furnished in connection with the installation thereof. It is the intent of this
release that the OWNER, its successors and assigns shall and may hold, have, use and enjoy the
said facilities free and discharged from all liens and demands whatsoever which we now have, or
might or could have against the same if these presents had not been made.
IN WITNESS WHEREOF, we have hereunto set our hand and seal the day written opposite
our signature.
1
Name: Weihe Construction Inc.
Company By: -A 0
(SEAL) Title: Chief Accounting Officer
Dated: 12/28 2016
Sworn to and subscribed before me, a Notary Public,
this . 28 day of Dec 2016 . MICHELLE GARCIA
Seal
Notary Pu rc.State of Indiana
t�v ;1L (SEAL) Hamilton County
Notary Public `-1 Commission Expires Oct 26,2023
I, Devon Moon duly authorize representative of Weihe
Construction designated as CONTACTOR, do hereby state that the parties whose names are
signed to the attached release, pages 1 through 2 are all the parties who have furnished labor,
materials or equipment in connection with the construction of the facilities mentioned above;
excepting only such materials as may have been furnished by the OWNER.
DATED: 12/28/ , 2016.
Representative Signature
Sworn to and subscribed before me,
a Notary Public, this 28 day
of Dec , 2016.
MICHELLE GARCIA
Seat
Notary Public-State of Indiana
Hamilton County
" My Commission Expires Oct 26,2023
����� �— �tr���. (SEAL)
Notary Public
2
t.\ ,1
WATER REBIBURSEMENT AGREEMENT BETWEEN THE CITY OF CARMEL., JAS
INDIANA AND OLD TOWN DEVELOPMENT L.L.C.
This Agreement is entered into by and between the City of Carmel, Indiana by and
through its Board of Public Works and Safety(hereinafter" 't ") �n Old Town Development
L.L.C., (hereinafter"Old Town") on this _day of ,2016.
WITNESSETH:
WHEREAS,the city has duly adopted and enacted City Code Chapter 9,Division IL
Sections 9-25 through 9-44(collectively, the"Ordinance") that provides in part for the
reimbursement-from the"Water Availability—Mains Fund" of private funds expended to extend
and oversize the water distribution system, as well as the method of reimbursement ; and
WHEREAS, Old Town desires to extend the off-site water distribution system for
Sunrise on the Monon (the"Development") as follows:
A. Construction Materials—SEE ATTACHED EXHIBIT"A"
As per certified Construction Drawings from CrossRoad Engineers, PC entitled
"Sunrise on the Monon" on file at the Carmel Water Distribution Office
WHEREAS, Old Town desires to receive refunding of reimbursable monies expended on
the Water Extension,pursuant to the Ordinance.
NOW THEREFORE, the parties agree as follows:
A. The foregoing recitals are hereby incorporated herein and made part thereof.
B. This written agreement is entered into subsequent to the completion of
construction of the Water Extension.
C. Old Town shall advance the sum of$54,449.47 to or on behalf of the City to pay
for the offsite water main extension(the"Water Extension"), the description of
which is as follows: "Sunrise On the Monon Water Main Extentsion".
D. The City has determined that the above expenditure is necessary to provide water
to current and future developments and to meet the requirements of the City.
E. The City and Old Town agree that Old Town shall be entitled to reimbursement of
the sum of$54,449.47 pursuant to and in accordance with the terms of the
Ordinance, such monies to be paid solely from the"Water Availability—Mains
Fund"established by acreage availability charges assessed by the Ordinance.
F. The City's sole obligation hereunder shall be to repay the above sum or such
portion of the above sum as may be available for payment from monies deposited
in the"Water Availability—Mains Fund"only,in accordance with the payment
provisions set forth in the Ordinance, and the City does not incur any liability
whatsoever for the repayment of same other than to make such payments as are
properly available under the Ordinance from monies deposited in the"Water
Availability—Mains Fund".
properly available under the Ordinance from monies deposited in the"Water
Availability—Main Fund".
G. Subject to the terms of the Ordinance and this Agreement,payments from the
"Water Availability—Mains Fund"to Old Town towards the satisfaction of the
sum set forth above shall be made on a quarterly basis. Such payments to Old
Town shall be prior to any other payments from the"Water Availability—Mains
Fund"to any other persons pursuant to similar agreements entered into
subsequent to the date of this Agreement.
H. The City does not guarantee Old Town the advanced funds referenced herein will
be fully reimbursed.
I. Old Town agrees to comply with all present and future federal, state and local
laws, executive orders,rules,regulations, codes and ordinances which are
applicable to Old Town's performance of its obligations under this Agreement,
and all relevant provisions thereof are incorporated herein by this reference. Old
Town agrees to indemnify and hold harmless City from any all losses,damages
costs, attorney fees and/or liabilities resulting from any violation by Old Town
and/or its employees of such law, order,rule, regulation,code or ordinance. This
indemnification obligation shall survive the termination of this Agreement.
J. This Agreement shall be governed by and construed in accordance with the laws
of the State of Indiana, except for its conflict of laws provision,as well as by all
City ordinances and codes. The parties further agree that, in the event a lawsuit is
filed hereunder,they agree to file such lawsuit in an appropriate court in Hamilton
County,Indiana only, and agree that such court is the appropriate venue for and
has jurisdiction over same.
K. Old Town shall indemnify and hold harmless City and its officers, officials,
employees,agents,and assigns from any and all losses, liabilities,claims,
Judgments and liens including,but not limited to,all damages, costs,expenses
and attorney fees arising out of any intentional or negligent act or omission of Old
Town and/or any of its employees and,except for intentional misconduct of its
agents,outside.sources, contractors or subcontractors,in the performance of the
Water Extension and/or this Agreement. This indemnification obligation shall
survive the termination of the Agreement.
L. Old Town represents and warrants-that it and each of its employees agents,
contractors, subcontractors, and outside sources shall comply with all existing and
future laws of the United States,the State of Indiana and city prohibiting
discrimination against any employee,applicant for employment and/or other
person in the subcontracting for work and/or in the performance of any work on
the Water Extension as contemplated by this Agreement with respect to hire,
tenure,terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, subcontracting or work performance hereunder
because of race,religion, color, sex,handicap,national origin,ancestry,age
disabled veteran status or Vietnam era veteran status. The City reserves the right
to collect a penalty as provided in IC 5-16-16-1 for any person so discriminated
against. This indemnification obligation shall survive the termination of the
Agreement.
M. Old Town shall not cause or permit the filing of any lien on any of City's.
property. In the event such a lien is filed of record and Old Town fails to remove
it within thirty(30)days after the date of filing thereof,by payment or bonding,
the City shall have the right to pay such lien or obtain such bond,all at Old
Town's sole cost and expense. Old Town shall indemnify and hold harmless the
City from any all such liabilities, losses,claims,costs;attorney fees,expenses
and/or damages incurred by the City in connection with any such lien or the
removal thereof.This indemnification obligation shall survive the termination of
this Agreement.
N. If any provision or portion of this Agreement is held to be invalid,illegal or
unenforceable by a court of competent jurisdiction, that provision or portion
thereof shall be stricken, and all other provisions of this Agreement which can
operate independently of such stricken provision shall continue in full force and '
effect.
O. The terns,condition's and obligations of this Agreement shall be binding on the
City and Old Town,and their respective officers,officials, agents,partners,
successors and assigns. f
P. This Agreement contains the entire
gl' agreement of and between the parties hereto
with respect to the subject matter hereof, and no prior agreement,understanding
or representation pertaining to such subject matter,written or oral,shall be
effective for any purpose. No provision of this Agreement may be amended,
added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest.
Q. Each party hereto represents and warrants that it is authorized to enter into this
Agreement and that any person or entity executing This Agreement on behalf of
such party has the authority to bind such party or the party which they represent,
as the case may be.
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IN WITNESS WHEREOF,the parties have executed this Agreement on the date
.first above written.
Old Town Development L.L.C. CITY OF CARMEL,INDIANA
By: Andrew S. Greenwood, Member By and through its Board of public Works
And Safety
BY: BY:
C ' 1
G
thorized Signature Ma or James Brainard
. ^ ate:
R�GY�! II�'iNKuc�
Printed NamePA ,
Mary Burke Meipber
Title Date:
Date: R;q4.ua0,f 1e10 2,0.16
LoriWatson% ember
Date: to 66
A
_ _ t
Clerk Treasurer
Date: �/ 'oe I
Ii
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t
EX**l
SUNRISE ON THE MONON WATER MAIN UPSIZE PRICING&BONDING COSTS
Updated as of 8/25/2015
QTY B"Main 16"Main Difference Total
Upsize Main from 8"to 16" 1260 LF $29.67 /LF $77.23 AF $47.56 $59,925.60
Upslze to 16"Main(to North) 182 LF $29.67 /LF $77.23 /LF $47.56 $8,65592
Upsize to 16"Main(to South) 352 LF $29.67 /LF $77.23 /LF $47.56 $16,741.12
Upsize to 16"Main(South 31'to Retreat) 31 LF $29.67 /LF $77.23 /LF $47.56 $1,474.36
Deletion of 8"Main -450 LF $29.67 /LF -$13,351.50
8"Bends -6 EA $456.26 /EA -$2,73756
8"Tee&Valve -3 EA $999.93 /EA -$2,999.79
16"Bends 2 EA $1,642.67 /EA $3,285.34
16"Tee&Valve 3 EA $2,785.55 /EA $8,356.65
16"x8"Reducers 3 EA $1,287.05 /EA $3,861.15
8"Main Gate Valve&Box -2 EA $1,71058 /EA -$3,421.16
16"Main Gate Valve&Box 2 EA $4,298.54 /EA $8,597.08
8"Fire Hydrant assemblies -5 EA $5,179.08 /EA -$25,895A0
16"Fire Hydrant assemblies 3 EA $7,121.61 /EA $21,364.83
8"Road Bore across Westfield Blvd. -2 EA $8,500.00 /EA -$17,000.00
8"Tap,16"x8"Tapping Sleeves&Valves -2 EA $7,500.00 /EA -$15,000.00
TOTAL $51,856.64
S�Q1S + %of SOM Flat Bonding Fee = Total Bondinx Costs
Estimated Performance Bonding Costs $2,074.27 $518.57 $2,592.83
OTALTO BE REIMBURSED $54A49A7
CITY OF CARMEL,INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
/R,
ignes Brainard,PresidingOfficer
Date:
)1211L L'�
Maryurke, em er
Date:
f / � '(
1
/lo'� '002
Lori W 'tson, ember
Date:
ELA T.
C 'ne Paul , Clerk-T r
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,personally appeared James
Brainard.Mary Ann Burke, and Lori Watson.by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Christine Paulgy, Clerk-Treasure of the City of
Carmel,who acknowledged the execution of the foregoing"Agreement"on behalf of the City of
Carmel, Indiana
Vh h
Witness my hand and Notarial Seal this day of A_CK't ` ,2016.
NOTARY PUBLIC
.
Z;>;"Y)e- Wa (4 f
My Commission Expires: Printed Name
O"NE WALTHALL
Sell My County of Residence: am I ROY1
Notary Public-State of Indiana �5
Hamilton County Date:
My Commission Expires Mar 16,2024