HomeMy WebLinkAboutPaperless Packet for BPW 07.07.21Board of Public Works and Safety Meeting
Agenda
Wednesday, July 7, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1.MINUTES
a.Minutes from the June 16, 2021, Regular Meeting
b.Minutes from the June 22, 2021, Special Meeting
2.BID/QUOTE OPENINGS AND AWARDS
a.Bid Award for 2021 Paving; Terry Killen, Street Commissioner
b.Bid Award for 17-ENG-01 Duke Energy Relocation Plans Phase 2 – North; Jeremy
Kashman, City Engineer
c.Bid Opening for 2021 Path Preservation; Terry Killen, Street Commissioner
3.CONTRACTS
a.Request for Purchase of Goods and Services; Leach & Russell Mechanical
Contractors, Inc.; ($21,437.00); Install Water and Waste Line to New Gear Washers;
Additional Services Agreement; Chief David Haboush, Carmel Fire Department
b.Request for Purchase of Goods and Services; Kelley Automotive Group, LLC;
($62,202.00); 2021 Police Interceptor, 2022 F250 Crew Cab; Additional Services
Agreement; Chief David Haboush, Carmel Fire Department
c.Request for Purchase of Goods and Services; American Structurepoint, Inc.;
($38,000.00); 16-ENG-70 – Range Line Road Redesign; Additional Services
Agreement; Jeremy Kashman, City Engineer
d.Request for Purchase of Goods and Services; American Structurepoint, Inc.;
($35,000.00); Range Line Road and 116th Street RAB, Design; Additional Services
Agreement; Jeremy Kashman, City Engineer
e.Request for Purchase of Goods and Services; United Consulting Engineers, Inc.;
($32,900.00); Illinois Street Extension Mitigation at Brookshire Golf Course;
Additional Services Agreement; Jeremy Kashman, City Engineer
f.Request for Purchase of Goods and Services; Beaty Construction Inc.;
($5,082,751.62); 17-ENG-01 Duke Energy Relocation Plans Phase 2 North; Jeremy
Kashman, City Engineer
g.Request for Purchase of Goods and Services; Assignment Agreement, USA Staffing
Services, LLC; ($31.05/HR); CSR Position; John Duffy, Director of the Department of
Utilities
h.Request for Purchase of Goods and Services; Harding Asphalt, LLC; ($2,930,572.55);
2021 Paving; Terry Killen, Street Commissioner
i.Request for Purchase of Goods and Services; Morphey Construction, Inc.;
(-$17,513.40); 17-ENG-01 Duke Energy Relocation Plans Phase 2 North; CO #1;
Jeremy Kashman, City Engineer
4.REQUEST TO USE CITY STREETS/PROPERTY
a.Request to Use Civic Square Gazebo;October 16th, 2021; 9:30 AM – 12:00 PM;
Wedding Ceremony; Alise Stephens
b.Request to Acknowledge Mayor’s Approval for Use of Monon Square Parking Lot;
Actors Theatre of Indiana Drive in Theatre; May 14th, 2021, June 20th, 2021
(Amended Date), July 16th, 2021; 7:00 AM – 10:00 PM; Meg Gates Osborne, City of
Carmel
c.Request to Acknowledge Mayor’s Approval for Use of Carter Green / Palladium East
Patio; June 27th, 2021; 1:00 PM - 10:00 PM; Carmel Pride Event; Aanchal Agarwal
d.Request for Street Closure / Traffic Control / Barricades; September 24th, 2021; 12:30
PM – 2:00 PM; Carmel High School Homecoming Parade; Amy Skeens-Benton,
Carmel High School
e.Request to Use City Streets; September 25th, 2021; 7:00 AM – 11:00 AM; Creekside
Middle School Run-Walk; Randy Hartog, Creekside Middle School
f.Request to Acknowledge Mayor’s Approval for Street Closure; June 17th, 2021 – June
18th, 2021; 8:00 AM – 6:00 PM; Edward Rose and Sons 100 Year Anniversary
Celebration; Carissa Davis, Edward Rose and Sons
g.Request to Use Midtown Plaza; July 17th, 2021; 2:00 PM – 9:00 PM; International
Movies at Midtown; Josh Kirsh, Carmel Mayor’s Youth Council
h.Request to Acknowledge Mayor’s Approval of Midtown Screen Announcement; June
22nd, 2021; 2:30 PM – 3:30 PM; Welcome JC Hart SmartStart; Tracie Kraft, JC Hart
i.Request to Use Anthony’s Plaza; July 10th, 2021; 4:00 PM – 9:00 PM; Mosaic Chip in
On Anthony’s Plaza; Melanie Brewer, City of Carmel
j.Request for Rolling Street Closure; October 9th, 2021; 5:00 AM – 1:00 PM; Trinity
Free Clinic Run for Wellness; Autumn Zawadski, Trinity Free Clinic
k.Request to Use Japanese Garden; July 14th, 2021; 5:00 PM – 9:00 PM; Birthday
Party; Susanna Williams
l.Request to Use Civic Square Gazebo; July 10th, 2021; 10:00 AM – 1:00 PM; Bend and
Brew – Yoga for a Cause; Kelly Alford, OneCause
m.Request to Use Civic Square Gazebo; July 30th, 2021; 12:00 PM – 5:30 PM; Zotec
Partners Team Building Picnic; Cindy Bickel, Zotec Partners
5.OTHER
a.Request for Water Line Easement Agreement; 10906 Westfield Boulevard; Dirk Graff
and Terry Shelton-Graff, Graff Family Trust
b.Request for Consent to Encroach;14351 Quail Pointe Drive; Matthew and Emily
Griffin, Property Owners
c.Request for Consent to Encroach;1099 Saratoga Circle; Luke and Catherine Sartino,
Property Owners
d.Request for Consent to Encroach;528 Dylan Drive; Gerry and Barbara Dail, Property
Owners
e.Request for Access to Property; 1 Civic Square; Comcast Cable Communications
Management, LLC; Timothy Renick, Director of Information and Communication
Systems
f.Request for Access to Property; 3450 W 131st Street; Comcast Cable Communications
Management, LLC; Timothy Renick, Director of Information and Communication
Systems
g. Request for Access to Property; 459 3rd Ave SW; Comcast Cable Communications
Management, LLC; Timothy Renick, Director of Information and Communication
Systems
h. Request for Extended Unpaid Time Off; Carmel Street Department; Terry Killen,
Street Commissioner
i. Request for Waiver of BPW Resolution No. 04-28-17-01; Relocation of Two Duke
Energy Poles; 4174 East 141st Street; Duke Energy
j. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane restrictions / Path
Restrictions; Pole Replacement; 106th & Shelbourne; Ashley Bennett, IPL
k. Request for Path Closure / Open Pavement Cut; 2259 E. 116th Street; SESCO Group
l. Request for Curb Cut / Construction Entrance; Corner of 116th and Range Line
Road; Josh Rodgers, Structurepoint
m. Request for Lane Restrictions / Path Closure / Open Pavement Cut; Magnolia
Condominiums; Duke Energy
n. Request for Storm Water Technical Standards Waiver; 116th and Range Line; Josh
Rodgers, Structurepoint
o. Request for Storm Water Technical Standards Waiver; North End Phase 1, Building
C; Kaleb Sondegrath, Kimley-Horn
p. Uniform Conflict of Interest Disclosure Statement; Miles Nelson
q. Request for Replat; Phelps Addition; Jim Thomas
r. Request for Replat; Reserve at Springmill – Section 2, Lot 69-70; Kyra Miller
s. Request for Secondary Plat; Lincoln Highway Estates; Duane Sharrer
t. Request for Secondary Plat; Magnolia Condominiums, Lots 1-3, A Part of Lot 4 - Lots
64-66 in Newark and Lot 1 in Newark Village; Rebecca McGuckin
u. Request for Secondary Plat; Jackson’s Grant Section 7; Doug Wagner
6. PUBLIC HEARING
a.Resolution BPW 07-07-21-01; Resolution of the City of Carmel Board of Public Works
and Safety Recommending Selection of and Authorizing Execution of an Agreement
for Services With Selected Offeror; Envoy Construction Services, LLC; James Crider,
Director of Administration
7.ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, June 16, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER6
7
Mayor Brainard called the meeting to order at 10:02 AM 8
9
MEMBERS PRESENT10
11
Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 12
were present. 13
14
MINUTES15
16
Minutes from the June 2, 2021, Regular Meeting were approved 3-0. 17
18
BID/QUOTE OPENINGS AND AWARDS 19
20
Bid Award for Water Meter Replacements; John Duffy, Director of the Department of Utilities, recommended 21
awarding the bid to Envocore as they were the lowest and most responsive bidder. Board Member Burke moved 22
to award the bid to Envocore in the amount of $1,163,222.27. Board Member Watson seconded. Request 23
approved 3-0. 24
25
Bid Award for Used Police Cars; Blaine Mallaber, Carmel Police Department, recommended awarding the bid 26
to Chicago Motors as they were the highest and most responsive bidder. Board Member Burke moved to award 27
the bid to Chicago Motors in the amount of $130,107.00. Board Member Watson seconded. Request approved 28
3-0. 29
30
Bid Opening for 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road; Lori Watson 31
opened the bids and Mayor James Brainard read them aloud: 32
33
Contractor Bid 34
Morphey Construction Base $6,400,000.00 35
Alt $709,012.40 36
Calumet Base $5,439,000.00 37
Alt $634,558.00 38
Reith Riley Base $5,497,100.54 39
Alt $674,193.81 40
White Construction Base $5,639,000.00 41
Alt $575,215.00 42
43
PERFORMANCE RELEASE APPROVAL REQUESTS 44
45
Resolution BPW 06-16-21-05; Hyatt Place; Erosion Control; Board Member Burke moved to approve. Board 46
Member Watson seconded. Request approved 3-0. 47
48
Resolution BPW 06-16-21-06; Link Office Systems; Erosion Control; Board Member Burke moved to approve. 49
Board Member Watson seconded. Request approved 3-0. 50
51
Resolution BPW 06-16-21-07; The Grove at Legacy Section 4A & 4B; 4A – Monuments / Signs / Street Surface 52
/ Common Walk / Asphalt Path; 4B – Monuments / Signs; Board Member Burke moved to approve. Board 53
Member Watson seconded. Request approved 3-0. 54
55
CONTRACTS56
57
Resolution BPW 06-16-21-02; A Resolution of the City of Carmel Board of Public Works and Safety 58
Acknowledging Agreement Between Owner and Contractor; Magdalena I. Segovia; ($1,100.00); Professional 59
Services for Plein Air Painting; Board Member Burke moved to approve. Board Member Watson seconded. 60
Request approved 3-0. 61
62
Resolution BPW 06-16-21-03; A Resolution of the City of Carmel Board of Public Works and Safety 63
Acknowledging Agreement Between Owner and Contractor; Debbie Slack; ($1,100.00); Professional Services 64
for Plein Air Painting; Board Member Burke moved to approve. Board Member Watson seconded. Request 65
approved 3-0. 66
67
Resolution BPW 06-16-21-04; A Resolution of the City of Carmel Board of Public Works and Safety 68
Acknowledging Assignment Letter Between City and Vendor; CORE Planning Strategies; Board Member Burke 69
moved to approve. Board Member Watson seconded. Request approved 3-0. 70
71
Request for Purchase of Goods and Services; Tuuci, LLC; ($14,523.00); Midtown Umbrellas with Logo; Board 72
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 73
74
Request for Purchase of Goods and Services; Maddox Industrial Group; ($1,015,000.00); Plant 1, Filters 7 & 75
8; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 76
77
Request for Purchase of Goods and Services; Officeworks Services, LLC; ($24,509.00); Office Furniture; 78
Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. 79
Request approved 3-0. 80
81
Request for Purchase of Goods and Services; Crossroad Engineers, P.C.; ($50,000.00); 2021 On-Call 82
Engineering and Inspection Services; Additional Services Amendment; Board Member Burke moved to 83
approve. Board Member Watson seconded. Request approved 3-0. 84
85
Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($117,660.00); 16-SW-85 86
Hamilton County Bridge 603 Replacement, Westfield Blvd Over Carme Creek; Additional Services Amendment; 87
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 88
89
Request for Purchase of Goods and Services; SJCA P.C.; ($78,930.00); 20-ENG-04 College Ave Survey; 90
Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. 91
Request approved 3-0. 92
93
Request for Purchase of Goods and Services; Crossroad Engineers, P.C.; ($475,000.00); 20-SW-11 – Duke 94
Energy Relocation – Phase 2 North - Design; Additional Services Amendment; Board Member Burke moved to 95
approve. Board Member Watson seconded. Request approved 3-0. 96
97
Request for Purchase of Goods and Services; Pitney Bowes; (60 Months / $86.00 per Month); Mailing 98
Equipment Lease Agreement; Board Member Burke moved to approve. Board Member Watson seconded. 99
Request approved 3-0. 100
101
Request for Purchase of Goods and Services; Morphey Construction; ($70,786.60); 17-SW-09 - Crooked Stick 102
Lane and The Proscenium, Additional Milling and Paving; CO #1; Board Member Burke moved to approve. 103
Board Member Watson seconded. Request approved 3-0. 104
105
Request for Purchase of Goods and Services; Morphey Construction; ($281,052.55); 16-ENG-70 – Range Line 106
Rd Streetscape / Proscenium Streetscape, Additional Sidewalk Segments; CO #3; Board Member Burke moved 107
to approve. Board Member Watson seconded. Request approved 3-0. 108
109
Request for Project Cost Sharing Agreement; 12224 Castle Court, Cool Creek Erosion; Board Member Burke 110
moved to approve. Board Member Watson seconded. Request approved 3-0. 111
112
Request for Renewal of Agreement; Indiana University Health; EMT-B Program; Board Member Burke moved 113
to approve. Board Member Watson seconded. Request approved 3-0. 114
115
REQUEST TO USE CITY STREETS/PROPERTY 116
117
Request to Use Midtown Plaza; Bike Carmel Community Event; September 25th, 2021; 6:00 AM – 5:00 PM; 118
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 119
120
Request to Use Various Facilities / Street Closure; CarmelFest, Fireworks, and Parade; July 3rd, 2021, 1:00 121
PM – July 6th, 2021, 8:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. 122
Request approved 3-0. 123
124
Request to Use Midtown Plaza; Humane Society “Meet ‘n’ Greet”; June 16th, 2021; 11:00 AM – 2:00 PM; 125
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 126
127
Request to Use Monon and Main Plaza / Street Closure; Artmobilia Community Festival; August 28th, 2021; 128
6:00 AM – 8:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 129
approved 3-0. 130
131
Request to Use 2nd Ave NW / Traffic Control; Mooncake Festival, Amended Request; August 21st, 2021; 2:00 132
PM – 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 133
3-0. 134
135
Request to Acknowledge Mayor’s Approval to Use Midtown Plaza; Watch Party for NATAS Emmy Awards; 136
June 12th, 2021; 6:00 PM – 11:00 PM; Board Member Burke moved to approve. Board Member Watson 137
seconded. Request approved 3-0. 138
139
Request to Use Civic Square Gazebo / Japanese Garden; Japanese Sister City Board Member Picnic; July 8th, 140
2021; 5:30 PM – 7:30 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 141
approved 3-0. 142
143
Request to Use Caucus Room; HOA Annual Meeting; September 23rd, 2021; 5:45 PM – 8:00 PM; Board 144
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 145
146
Request to Use Midtown Plaza; International Movies at Midtown; June 26th, 2021; 2:30 PM – 9:00 PM; Board 147
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 148
149
OTHER150
151
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Small Cells; Board Member Burke 152
moved to approve. Board Member Watson seconded. Request approved 3-0. 153
154
Request for Curb Cut; 10585 Hussey Lane; Board Member Burke moved to approve. Board Member Watson 155
seconded. Request approved 3-0. 156
157
Request for Lane Restrictions; 419 Autumn Drive; Board Member Burke moved to approve. Board Member 158
Watson seconded. Request approved 3-0. 159
160
Request for Lane Restrictions / Open Pavement Cuts; Board Member Burke moved to approve. Board Member 161
Watson seconded. Request approved 3-0. 162
163
Request for Storm Water Technical Standards Waiver; Rolling Hills Townhomes; Board Member Burke moved 164
to approve. Board Member Watson seconded. Request approved 3-0. 165
166
Request for Storm Water Technical Standards Waiver; Inlow Park; Board Member Burke moved to approve. 167
Board Member Watson seconded. Request approved 3-0. 168
169
Resolution BPW-06-16-21-01; A Resolution of the City of Carmel Board of Public Works and Safety of the City 170
of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge; John D. Pirics; Board 171
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.Request for Replat; 172
173
Henry Roberts Heirs, Lots 12, 13, & 14; Board Member Burke moved to approve. Board Member Watson 174
seconded. Request approved 3-0. 175
176
Request for Replat; Hamlet at Jackson’s Grant, Lots 30 & 31; Board Member Burke moved to approve. Board 177
Member Watson seconded. Request approved 3-0. 178
179
ADD-ONS180
181
Request for Consent to Encroach; Wood Porsche RE, LLC; Keystone Parkway and 96th Street RAB; Board 182
Member Burke moved to add the item on. Board Member Watson seconded. Add-on approved 3-0; Board Member 183
Burke moved to approve request. Board Member Watson seconded. Request approved 3-0. 184
185
ADJOURNMENT186
187
Mayor Brainard adjourned the meeting at 10:13 a.m. 188
189
APPROVED: ____________________________________ 190
Sue Wolfgang – City Clerk 191
192
_____________________________________ 193
Mayor James Brainard 194
ATTEST: 195
196
__________________________________ 197
Sue Wolfgang – City Clerk 198
Board of Public Works and Safety Meeting
Minutes
Wednesday, June 22, 2021 – 11:30 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
Mayor Brainard called the meeting to order at 11:37 AM
MEMBERS PRESENT
Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk
Jennifer Stites were present.
BID/QUOTE OPENINGS AND AWARDS
Bid Opening for the Winter Pavilion at Carter Green; Lori Watson opened the bids and Mayor
James Brainard read them aloud:
Contractor Bid
Forever Redwood $351,690.00
Bid Award for the Winter Pavilion at Carter Green; Nancy Heck, Director of the Department of
Community Relations, recommended awarding the bid to Forever Redwood as they were the
lowest and most responsive bidder. Board Member Burke moved to award the bid to Forever
Redwood in the amount of $351,690.00. Board Member Watson seconded. Request approved 3-
0.
ADJOURNMENT
Mayor Brainard adjourned the meeting at 11:40 a.m.
APPROVED: ____________________________________
Sue Wolfgang – City Clerk
_____________________________________
Mayor James Brainard
ATTEST:
__________________________________
Sue Wolfgang – City Clerk
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Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel
FEDERAL EXCISE TAX EXEMPT 105268
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
EDO andBC4BVehicles5/26/2021375410
KELLEY AUTOMOTIVE GROUP LLC Fire Department
VENDORSHIP1341S13THSTREET 10701 N. College Ave. Ste. A
TO Carmel, IN 46280-
DECATUR, IN 46733 -
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
56548
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 1120102Ambulance Capital Fund
Account: 44-650.01
1Each2021 Ford AWD Police Interceptor per Quote 8675309$32,570.00$32,570.00
1Each2022 Ford F250 Crew Cab XL - Quote 8675309$36,132.00$36,132.00
1EachBid/FAN Number - QF130$0.00$0.00
1EachTrade In - 2010 and 2008 Impala($6,500.00)($6,500.00)
Sub Total 62,202.00
Send Invoice To:
Fire Department
2 Civic Square
Carmel, IN 46032-
PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
62,202.00PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
Denise Snyder
TITLE Accreditation/BudgetAdministrator
CONTROL NO. 105268 CONTROLLER
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STAFFING TERMS AND CONDITIONS OFASSIGNMENT AGREEMENT
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entered into byand between The City of Carmel, byand through itsBoard ofPublic Works and Safety with a
principal place ofbusiness located at1Civic Square, Carmel, IN 46032
Services, LLCwith aprinciple placeofbusiness located at3401W. Cypress St, Suite 101, Tampa, FL 33607 (hereinafter
WHEREAS, Customer wishes toobtain cer
Affiliate
ingServices consist ofproviding USA Employees tocustomers with staffing needs. As used
pursuant tothis Agreement.
WHEREAS Affiliate provides Account Management Services toCustomer aspart of the USA Staffing Services front
office management. This includes facilitating interview with candidates, negotiating rates, and overall being the main
point ofcontact for the Customer
NOW, THEREFORE, Customer and USA, inconsideration ofthe mutual promises contained herein and other good
and valuable consideration given and received, agree tothe following terms and conditions:
1. FortheservicesofUSAEmployees, USAwillbillCustomerattheratecontainedintheAssignment & BillRateSummary.
Legallyrequiredovertimeasmandatedbyprevailingfederal, stateand/orlocallawswillbebilledatoneandone-halfthe
billingrate. ForprojectsgovernedbyDavis-BaconoranyFederalorStatemandatedprevailingwage, USAshallmaintain
payrollandEmployeerecordsduringthecourseoftheproject(s) orworkandwillmaintainforaminimumofthree (3)
yearsfromthecompletionofthecontractforallEmployeesincludedunderthecontract.
2. USAwarrantsthatitsEmployeesarecoveredbyworkerscompensationinsurance, andthatitassumestotalresponsibility
topayallapplicablefederal, stateandlocalwithholdingtaxesandunemploymenttaxesaswellasSocialSecurity, state
disabilityinsuranceandallotherpayrollcharges.
3.
responsibilityandundernocircumstanceswillUSAberesponsibleforworkperformedbyUSAEmployeesevenif
supervisorsareprovidedbyUSAattherequestofCustomer. CustomerwilladviseUSAEmployeesiftheywillbesubjectto
applicablepoliciesandproceduresofCustomerwhileperformingworkunderthedirectionandcontrolofCustomer.
4. Customershall:
a.
operations, products, services, andintellectualproperty;
b. ining, andsafety
equipmentwithrespecttoanyhazardoussubstancesorconditionstowhichtheymaybeexposedatthework
site;
c.
d.
e.NotentrustUSAEmployeeswithanyvehicle, mobileequipment, keys, merchandise, confidentialortradesecret
information, unattendedpremise, cash, checks, creditcards, negotiableinstrumentsorothervaluables, without
5. Cus
indemnifyandholdharmlessUSAforthefollowing:
a. OSHAcomplianceandallstateandlocallaws, rulesandregulationsgoverningworkplacesafety, environmental
protectionandensuringthatconditionsaresuitableforconductingworksafely;
b. Allfederal, stateandlocalorders, rulesandregulationsandlawsapplicabletoanyandallgovernmentcontracts,
contractorsorsubcontractorsincludinglicensestoworkand/orfidelitybonds;
c. Ensuringitsownconductcomplieswithcurrentemploymentlawsrelatedtoequalopportunityemployment,
discrimination, harassmentandretaliationintheworkplacethatincludesawrittenpolicyandprocedurefor
addressingcomplaintsorconcernsofsaidnature;
d. AnyandallactsandomissionsofUSAEmployeesassignedhereunderwhileunderthedirectionoftheCustomer
CustomeracknowledgesitsresponsibilityforanyandactsoromissionsofUSAEmployeeinsaidrole;
e. Providingtraininganddisciplineappropriatetotheworkplaceinvolved, includingestablishingandmaintaining
appropriatesafetytrainingpoliciesandprocedures.
f. ProvidingUSAwithcompleteandaccurateinformationregardingEmployeesassignedtoCustomerasreasonably
requestedandinformingUSAinwritingofanychangestothecraft, roleorresponsibilitiesoftheassignedUSA
Employeeattheworksitepriortothechange
6. USAandAffiliatereservestherighttophysicallyinspecttheworksiteandworkprocessestowhichitsEmployeeswillbe
subject, toreviewandaddress, unilaterallyorincoordinationwithCustomer, USAEmployeeworkperformanceissues, and
7. Afour (4) hourminimumcharge (perperson) existsonallassignments. IfCustomerisdissatisfiedwiththeEmployees
assignedtoit, USAwillnotchargeforthefirstfour (4) hoursworked, providedthatUSAreplacestheEmployee(s)
assigned. IfCustomerdoesnotcontactUSAbeforetheendofthefirstfour (4) hoursworked, thenCustomeragreesthat
8. nd
acceptable. Customerwillbebilledweeklyforthetotalhoursworked. Allinvoicesareduenetthirty (30) days. Invoices
willbeconsideredindefaultaftertwenty-four (24) calendardaysofnetterms, unlesspaymentinfullhasbeenreceived.
Invoicesindefaultwillbechargedinterestonunpaidbalancesattherateof1.5% permonth, unlessprohibitedbylaw, in
whichcase, theinterestrateshallbethemaximumallowedbylaw. Customeragreestopaythebalancedue, accrued
interest, lienfilingfeesandreasonableatt
Employee(s) oftheendoftheirassignment(s) andpayrollwillceaseimmediately. Oncepaymenthaspaidinfull, itwillbe
ee(s) assignment(s) withCustomerandresumepayroll. Customermust
providewrittennoticewithinten (10) calendardaysofthedateoftheinvoicewithanydisputes, orthefullamountofthe
invoiceshallbedeemednotdisputed, accepted, andpayablebytheCustomer
9. USAcomplieswithprevailingfederal, stateand/orlocallaborlawsregardingmandatedPaidSickLeave (PSL) for
Employees. WhenaUSAEmployeeisassignedwithinajurisdictionwithmandatoryPSL, USAwillbillCustomerfor
qualifiedPSLusageperprevailingfederal, stateand/orlocallaborlawsatapass-throughlineitemcostcalculatedof
payrollpluspayrollburdenoftheEmployee.
10. IfCustomeremploysoroffersemploytoaUSAEmployeewhileonassignmentwithCustomerorwithinone (1) yearfrom
theassignmentenddate, Customerwillbesubjecttoaconversionfee. Theconversionfeecalculationisstatedinthe
AssignmentandBillRateSummary. PleaserefertothespecificAssignmentandBillRateSummaryforconversionfee
calculationdetails.
11. InconsiderationofUSAextendingfuturecredittotheCustomer, andothervaluableconsideration, thereceiptand
sufficiencyofwhichisherebyacknowledged, theCustomerguaranteestheprompt, fullandcompleteperformanceofany
andallpresentandfutureduties, obligationsandindebtednessduetoUSAbytheCustomer.
12.InadditiontotheitemslistedaboveinSection3ofthisAgreement, Customeragreestorelease, defend, indemnifyand
holdUSAandUSAAffiliatesharmlessfromandagainstanyandallclaims, losses, liabilities, costsorsuitsincluding
reasonableattorneyfees, relatingtoanyinjury, lossordamagestopersons, ortopropertyarisingoutofanyandall
s
officers, Employees, orauthorizedagentsinthedischargeoftheirdutiesandresponsibilities.
13. ThisagreementshallbegovernedexclusivelybythelawsoftheStateofIndiana. Theexclusivevenueofanyaction
broughtunderthisAgreementshallbeHamiltonCounty, Indiana, andthepartiesherebyagreeto, andwaiveallobjections
to, personaljurisdictionandvenueinHamiltonCounty, Indiana.
14. ThepartiesshallperformalloftheirrespectiveobligationsundertheAgreementincompliancewithallapplicablelaws,
ordinances, regulationsorcodes, includingtheAffordableCareAct.
15. ThisAgreement, theaccompanyingAssignment & BillRateSummary, theattachedSafetyPartnershipExhibitandthe
attachedE-VerifyAffidavitsshallconstitutetheentireagreementbetweenthepartiesregardingthesubjectmatterherein
andshallsupersedeanyandallprioragreements, negotiations, discussions, proposals, understandingsand/or
representations, writtenororalregardingthesubjectmatterherein.
16. NoamendmentsormodificationstothisAgreementshallbebindingonanyofthepartiesunlesssuchamendmentor
modificationisinwritingandexecutedbyallofthepartiestothisAgreement. Noterm, provision, orclauseofthis
Agreementshallbedeemedwaivedandnobreachexcused, unlesssuchwaiverorconsentshallbeinwritingandexecuted
byallofthepartiestothisAgreement.
17. IfthereisadisputeovertheenforcementofthisAgreement, includingbutnotlimitedtothecollectionofamountsdue
hereunder, theprevailingpartyshallbeentitledtorecoveritsreasonableattorneyfeesandcostsfromthenon-prevailing
party.
18. Thepartiesagreetocooperatefullyandtoprovideassistancetotheotherpartyintheinvestigationandresolutionofany
19. nceontheEffectiveDateandshallcontinueuntilthetwo
2) yearanniversaryoftheEffectiveDate. Thereafter, thisAgreementshallbeautomaticallyextendedforone (1) year
right, exercisableinitssolediscretionatany
time, foranyreasonornoreason, toterminatethisAgreementforitsconvenience, bygivingtheotherpartyatleastthirty
30) dayspriorwrittennoticeofsuchtermination. EachpartyhastherighttoterminatethisAgreementimmediatelyupon
writtennoticetotheotherparty, atanytime, intheeventofanymaterialbreachbytheotherpartyofitsobligations
underthisAgreement.
20. ProvisionsofthisAgreement, whichbytheirtermsextendbeyondtheterminationornonrenewalofthisAgreement, will
remaineffectiveafterterminationornonrenewal.
21.
consentshallbeatthenon-requestin
22. AnynoticeorothercommunicationwillbedeemedtobeproperlygivenonlywhensentviatheUnitedStatesPostal
Serviceoranationallyrecognizedcourier, addressedasshownonthefirstpageofthisAgreement.
23. Atalltimesduringthetermofthisagreement, USAshallretainitsindependentstatus, andUSAisandshallatalltimesbe
anindependentcontractortoCustomer. Further, thepartiesacknowledgeandagreethateachisanindependent
contractorandnotanagent, jointventureorpartneroftheotherparty. Thisagreementshallnotbeconstruedas
constitutingeitherpartyasapartneroftheotherpartyortocreateajointventureoranyotherformoflegalassociation
thatwouldimposeliabilityupononepartyfortheactorfailuretoactoftheotherpartyorasprovidingeitherpartywith
theright, powerorauthority (expressorimplied) tocreateanydutyorobligationonbehalfoftheotherparty.
24. NeitherpartywillberesponsibleforfailureordelayinperformanceofthisAgreementifthefailureordelayisduetolabor
disputes, strikes, fire, riot, war, terrorism, actsofGod, oranyothercausesbeyondthecontrolofthenonperformingparty.
Notwithstandingtheforegoing, thisSection25shallnotapplyt
25. USAandAffiliaterepresentsandwarrantsthatitandallofitsofficers, employees, agents, contractorsandsubcontractors
shallcomplywithalllawsoftheUnitedStates, theStateofIndianaandCityprohibitingdiscriminationagainstany
employee, applicantforemploymentorotherpersonintheprovisionofanyservicesprovidedbythisAgreementwith
respecttotheirhire, tenure, terms, conditionsandprivilegesofemploymentandanyothermatterrelatedtotheir
employmentorsubcontracting, becauseofrace, religion, color, sex, handicap, nationalorigin, ancestry, age, disabled
veteranstatusand/orVietnameraveteranstatus.
26. PursuanttoI.C. § 22-5-1.7etseq., asthesamemaybeamendedfromtimetotime, andasisincorporatedhereinbythis
newly-hiredemployeesusingtheE-Verifyprogram, andtoexecutetheAffidavitsattachedhereinasExhibitA, affirming
thattheyareenrolledandparticipatingintheE-verifyprogramanddonotknowinglyemployunauthorizedaliens. In
supportoftheAffidavits, USAandAffiliateshallprovidetheCustomerwithdocumentationindicatingthatithasenrolled
andisparticipatingintheE-Verifyprogram. ShouldUSAorAffiliatesubcontractfortheperformanceofanyworkunder
andpursuanttothisAgreement, itshallfullycomplywiththeIndianaE-VerifyLawasregardseachsuchsubcontractor.
ShouldUSA, AffiliateoranysubcontractorviolatetheIndianaE-Verifylaw, theCustomermayrequireacureofsuch
violationandthereafter, ifnotimelycureisperformed, terminatethisAgreementinaccordancewitheithertheprovisions
hereoforthosesetforthintheIndianaE-VerifyLaw. TherequirementsofthisparagraphshallnotapplyshouldtheE-
Verifyprogramceasetoexist.
27. DEBARMENTANDSUSPENSION
25.1 USAandAffiliatecertifythatbyenteringintothisAgreementthatneithertheynortheirprincipalsnorany
oftheirsubcontractorsarepresentlydebarred, suspended, proposedfordebarment, declaredineligibleorvoluntarily
excludedfromenteringintothisAgreementbyanyfederalagencyorbyanydepartment, agencyorpoliticalsubdivisionof
employeeorotherpersonwithprimarymanagementorsupervisoryresponsibilities, orapersonwhohasacritical
influenceonorsubstantivecontrolovertheoperationsofUSAorAffiliate.
25.2 USAandAffiliatecertifythattheyhaveverifiedthestateandfederalsuspensionanddebarmentstatusfor
allsubcontractorsreceivingfundsunderthisAgreementandshallbesolelyresponsibleforanyrecoupment, penaltiesor
coststhatmightarisefromuseofasuspendedordebarredsubcontractor. USAandVendorshallimmediatelynotifythe
Customerif
requiredbytheCustomertoterminateitscontractualrelationshipwiththesubcontractorforworktobeperformedunder
thisAgreement.
28. PursuanttoI.C. § 5-22-16.5, USAandAffiliateshallcertifythat, insigningthisAgreement, theydonotengagein
investmentactivitieswithintheCountryofIran.
29. Ifanyoneormoreoftheprovisionscontainedhereinshallforanyreasonbeheldtobeinvalid, illegalorunenforceablein
anyrespect, suchinvalidity, illegalityorunenforceabilityshallnotaffectanyotherprovision.
30. ThisAgreementmaybeexecutedinoneormorecounterparts, eachofwhichshallbedeemedtobeanoriginal, butallof
whichtogethershallbeconsideredoneandthesameinstrument.
31. USAprovidesbackofficeservicesandsupportfortheAffiliate.
Accepted this day of 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
AOI USA Staffing Services, LLC
Affiliate:
Print Name Print Name
Title Title
Date Date
Signature Signature
Addendum 1
Safety Partnership Agreement
The safety ofour employees isvery important toUSA Staffing Services (USA). We strive tooffer our customers
with the best possible service while maintaining competitive rates. There are many factors contributing tothe
ra
factors, but we can helpcontrol factors such asinjuries and accidents caused byunsafe acts and working
conditions.
Inan effort todo this andprovide asafe and rewarding work environment for our employees and yours, we want a
mutually beneficial understanding of our philosophy on our employee assignments, safety training and on-the-job
injury procedures.
1. Weaskthatyouonlyplaceouremployeesonthejobsforwhichtheyhavebeenassignedandtrained. Any
changestotheassignmentmustbereportedtoourofficepriortothestartofwork.
2. Weaskthatyouorientateandtrainouremployeesinallsafetyrules, hazardouschemical (Right-to-Know)
informationandoperationalinstructionstheywillneedinordertoperformtheirjobsafely. PleaseinformUSAof
anyspecificsafetytrainingyouwouldlikeustoprovide.
3. USAemployeesarerequiredtowearallappropriatePersonalProtectiveEquipment (PPE) atalltimeswhileonthe
worksite. PleaseinformusofanyspecificPPEneededtostartworkoranyconsistentemployeeviolationsofthis
bycalling813.853.0430oremailingsafety@usastaffingservices.com.
4. PleasenotifyUSAimmediatelyintheeventofanaccidentorinjurytooneofouremployeesbycalling
813.853.0430oremailingsafety@usastaffingservices.com. Wewillcoordinatetheappropriatemedicaltreatment,
unlessinthecaseofanemergency, pleasecoordinatetheappropriateemergencymedicalcareandcontactUSAas
soonaspossible.
5. Weaskthatyouallowustoobtainanaccidentinvestigationreportafteranaccidentorinjurytoinsureproper
dispositionofpossibleclaims.
6. PleaseinformUSAifoneofouremployeesisworkingoractinginanunsafeorsuspiciousmanner. Workingsafely
isaconditionofemploymentwithUSA.
7. Tosatisfyourinsurancecarrier, wemayasktodoapre-scheduledsafetywalkthroughoftheworksiteoryour
facility.
This Agreement isintended toensure and provide asafe and productive partnership between USA and our
customers aswe collectively work together toprovide asafeworking environment and minimize related costs.
Please feel free toreach out with any questions. Thank you.
AOI USA Staffing Services, LLC
Affiliate:
Print Name Print Name
Title Title
Date Date
Signature Signature
E-VERIFY AFFIDAVIT
being first duly sworn, deposes and says that he/she is
familiar with and haspersonal knowledge ofthe facts herein and, if called asa witness inthis matter, could testify
asfollows:
1. Iam over eighteen (18) years ofage and am competent totestify tothe facts contained herein.
2. Iam nowand atall times relevant herein have been employed by
intheposition of ______________________________________.
3. Iam familiar with the employment policies, practices, and procedures ofthe Employer and have
the authority toact onbehalf oftheEmployer.
4. The Employer isenrolled and participates inthefederal E-Verify program. Documentation ofthis
5. The Employer does not knowingly employ anyunauthorized aliens.
6. To the best ofmy information and belief, theEmployer does notcurrently employ any
unauthorized aliens.
7. FURTHER AFFIANT SAYETH NOT.
EXECUTED onthe _________day of __________________________, 20___.
Printed:_____________________________
I certify under the penalties for perjury under the laws ofthe United States ofAmerica and the State ofIndiana
that the foregoing factual statements and representations are true and correct.
Printed: _____________________________
Assignment & Bill Rate Summary
Date: 6/23/2021
The City ofCarmel, byand through itsBoard ofPublicWorks and Safety (Customer)
1Civic Square (Address Line 1)
Carmel, IN 46032 (Address Line 2)
Thank you for choosingAOI., anAffiliateof USAStaffing Services (USA), for yourstaffing and human resourcesneeds.
We are excited to start working with you and look forward toasuccessful partnership with
The City ofCarmel, byand through itsBoard ofPublic Works and Safety. Ifatany time youhave questions, please
do nothesitate tocontact Miles Nelson, your account manager.
As outlined inthe Terms & Conditions ofAssignment Agreement (T&C), invoices will besent toyou weekly andthe
established terms of payment are net thirty (30) days .
Per the T&C, ifCustomer requests toconvert oroffer employ toaUSA employee, Customer will be subject toa
conversion feeup tothe completion oftwothousand and eighty (2,080) billed and paid hours. The conversion fee
willbebased onthe Permanent Placement Fee defined below and prorated per the schedule shown. All requests
for conversion need tobesubmitted inwriting and approved byUSA.
Job Classification: Customer Service Representative Bill Rate: $31.05
Permanent Placement Fee: Twenty percent (20%) first year annual salary
TIME ON ASSIGNMENT PRORATED FEE SCHEDULE
1 416Hours 100% ofPermanent Placement Fee
417 832Hours 80% ofPermanent Placement Fee
833 1,248Hours 60% of Permanent Placement Fee
1,249 1664Hours 40% of Permanent Placement Fee
1665 2,080Hours 20% of Permanent Placement Fee
2,081 + Hours No Fee
Customer Approval
Name (printed): Title:
Signature: Date:
CzKpoPcfsmboefsbu3;35qn-Kvo3:-3132
Harding Asphalt, LLC d/b/a Harding Group
Street Department - 2021
Appropriation #2201 2201 43-502.00, 2201 2201 43-509.00; P.O. #s 105334.105335
Contract Not To Exceed $2,930,572.55
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein;
c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s
provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Harding Asphalt, LLC dba Harding Group Goods and Services.doc:6/29/2021 12:29 PM\]
2
Harding Asphalt, LLC d/b/a Harding Group
Street Department - 2021
Appropriation #2201 2201 43-502.00, 2201 2201 43-509.00; P.O. #s 105334.105335
Contract Not To Exceed $2,930,572.55
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work
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-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify 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 and thereafter, if
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 requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Harding Asphalt, LLC dba Harding Group Goods and Services.doc:6/29/2021 12:29 PM\]
3
Harding Asphalt, LLC d/b/a Harding Group
Street Department - 2021
Appropriation #2201 2201 43-502.00, 2201 2201 43-509.00; P.O. #s 105334.105335
Contract Not To Exceed $2,930,572.55
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Street Department Department of Law
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Harding Asphalt, LLC d/b/a Harding Group
2916 Kentucky Ave
Indianapolis, Indiana 46221
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
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 by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Harding Asphalt, LLC dba Harding Group Goods and Services.doc:6/29/2021 12:29 PM\]
4
Harding Asphalt, LLC d/b/a Harding Group
Street Department - 2021
Appropriation #2201 2201 43-502.00, 2201 2201 43-509.00; P.O. #s 105334.105335
Contract Not To Exceed $2,930,572.55
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
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 notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
27. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
28. DEBARMENT AND SUSPENSION
28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Harding Asphalt, LLC dba Harding Group Goods and Services.doc:6/29/2021 12:29 PM\]
5
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EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
SeanRizer
HardingGroup
ChiefFinancialOfficer
15thDecember20
SeanRizer
SeanRizer
Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel
FEDERAL EXCISE TAX EXEMPT 105334
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
6/21/2021372681
HARDING GROUP, INC Street Department
VENDORSHIP2916KENTUCKYAVE 3400 W. 131st Street
TO Carmel, IN 46074-
INDIANAPOLIS, IN 46221 - Terry Killen(317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
57227
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 22012201Motor Vehicle Highway FND
Account: 43-502.00
1EachResurfacing$2,826,340.45$2,826,340.45
Sub Total 2,826,340.45
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
2,826,340.45PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
Terry Killen
TITLE Commissioner
CONTROL NO. 105334 CONTROLLER
Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel
FEDERAL EXCISE TAX EXEMPT 105335
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
6/21/2021372681
HARDING GROUP, INC Street Department
VENDORSHIP2916KENTUCKYAVE 3400 W. 131st Street
TO Carmel, IN 46074-
INDIANAPOLIS, IN 46221 - Terry Killen(317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
57229
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 22012201Motor Vehicle Highway FND
Account: 43-509.00
1EachResurfacing$104,232.10$104,232.10
Sub Total 104,232.10
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
104,232.10PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
Terry Killen
TITLE Commissioner
CONTROL NO. 105335 CONTROLLER
CzKpoPcfsmboefsbu22;59bn-Kvo21-3132
/Mayor ok 6-28-21
Sutton ok 6-15-21
Bickel ok 6-15-21
NA
RETRO-RATIFICATION OF PREVIOUSLY APPROVED EVENT
DATES CHANGED DUE TO STORMY WEATHER
MAYOR APPROVED CHANGES 6-17-21
ORIGINAL REQUEST INCLUDED
JS 6-29
BPW 7-7
RETRO-RATIFICATION
MAYOR APPROVED 6-7-21 AND APPROVED REVISIONS 6-23-21 - EMAIL ATTACHEDREVIEWED
VIA EMAIL CFD SUTTON OK 6-7-21 (worked through closures & fire safety)
CPD BICKEL OK 6-7-21 (worked with organizers re security)
JS 6-28
BPW 7-7
Reviewed via email
CRED/Mayor Ok 6-28-21
CFD Sutton ok 6-15-21
CPD Bickel ok 6-15-21
ENG Kirsh ok 6-15-21 * School should check back early
Sept to be sure no construction closure affects route.
/Mayor 6-28-21
Sutton 6-15-21
Bickel 6-15-21
NA
RETRO-RATIFICATION DUE TO
CHANGE RE TENTS
* SEE MAYOR EMAIL 6-14-21
INCLUDED WITH THIS PKT.
CITY OF CARMEL, INDIANA
INFORMATION
SPECIAL EVENT / FACILITY USE REQUEST FORM
Contact Person
Email
Phone Number:
Cell Number:
Address
Name/Organization:
Organization Type:
Residenc y/Location:
Event/Use Purpose:
Event Date End Date
Number of People Expec ted:
Set-Up Start time
Tear Down End Time
CONTACT INFORMATION:
Josh Kirsh
jkirsh@carmel.in.gov
3175198652
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
Country
United States
Street Address
1 Civic Sq
Address Line 2
Carmel Mayors Youth Council
Non-Profit Organization
Do you reside or are you located within the Carmel city limits?
Y e s
No
International Movies at Midtown with showings at 2:30 and 7:30
7/17/2021 7/17/2021
100
02:00:00 PM
09:00:00 PM
JS 6-29-21
BPW 7-7-21
CRED/Mayor OK 6-28-21
CFD Sutton OK 6-22-21
CPD Bickel OK 6-22-21
ENG NA
Event Start time:Event end time:
Rehearsal
Rehearsal Date:
Rehearsal
Start Time:
Rehearsal
End Time:
Fees?
Desc ription of Event:
FACILITY (S)
REQUESTS:
VENDORS:
02:30:00 PM 09:00:00 PM
NA
Will a Fee be charged for this event? If yes please describe in narrative below.
YES
NO
Provide a brief description of event
International Movies at Midtown will feature "Children of Heaven" as the June movie
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
CITY FACILITY (S) REQUESTED: Mark all that apply
CARTER GREEN
CIVIC SQUARE FOUNTAIN AREA
CIVIC SQUARE GAZEBO
JAPANESE GARDEN
M ONON & M AIN PLAZA
M IDTOWN PLAZA - Ev e nts must be fre e and ope n to the public.
REFLECTING POOL - Ple ase note that Ve te ran's Plaza is NOT av ailable
for re nt.
SOPHIA SQUARE
Othe r
SPECIAL REQUESTS: Mar k all that apply
ELECTRICITY
FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO
JAM ES BUILDING RESTROOM S (CARTER GREEN)
N/A
Othe r
VENDORS: Mark all that appl y
SEE CITY OF CARMEL FACILITY USE POLICY
VENDORS PRESENT
FOOD SERVED
ALCOHOL SERVED - Ple ase se e Se ction M unde r “Ge ne r al Te rms and
Conditions” in the spe cial e v e nt policy handbook.
N/A
CITY SERVICES NEEDED: Mark all that apply
------------
July
CITY SERVICES
NEEDED:
Neighborhood
Name/Streets to be
c losed
UPLOAD MAP
Type of Closure:
Further Info for type of
c losure
SEE CITY OF CARMEL FACILITY USE POLICY
EM ERGENCY M EDICAL SERVICES (EM S)
TRAFFIC CONTROL
ONSITE SECURITY
BARRICADES
NO PARKING SIGNS (PICK UP AT CARM EL POLICE DEPARTM ENT)
N/A
Please note the number of NO PARKING SIGNS needed
EVENT SET UP: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
Stage
Size of Stage
Te nt(s) – If you are re que sting M idtown Plaza, the e xclusiv e v e ndor for
te nt re ntal is A-Classic Party Re ntals (317-251-7368).
Size of Tent (s)
Bounce House
N/A
Othe r
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
STREET(S) REQUESTED:
SEE CITY OF CARMEL FACILITY USE POLICY
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Rolling closure
Total closure
Lane re strictions - e xplain be low
Othe r - e xplain be low
N/A
Explain lane restrictions needed and other needed below:
SECURITY DEPOSIT AND FEE:
A re fundable Se curity De posit in the amount of $100 for any applicant located or residing within Carmel city limits
or a non-re fundable e v e nt fe e in the amount of $150 for any applicant located or residing outside of Carmel city
limits must be re ce iv e d prior to application r e v ie w or proce ssing.
Payment may be made online using a credit or debit card at www.govpaynow.com PLC #A0026j, calling the Govpay
call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the
City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carme l Board of Public Works and Safe ty r e se r v e s the right, in its sole discre tion, to de ny any facility
use re que st and/or re v oke any pr e v isously gr ante d re que st to use a City facility for any lawful r e ason.
DISCLAIMER:
ACKNOWLEDGEMENT AND AGREEMENT
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms
and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for
any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy
and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that
the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my
organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees,
agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with
this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-
owned facility and/or property.
*
GO TO SUBM IT TAB AND CLICK ON SUBM IT
Josh Kirsh
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Josh Kirsh - CMYC Advisor
Printed Name and Title (If applicable)
1 Civic Sq Carmel IN 46032
Address of Organization/Applicant
6/22/2021
Date
CITY OF CARMEL USE ONLY
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
James Brainard, Presiding Officer
Date: ______________________________
___________________________________
Mary Ann Burke, Member
Date: ______________________________
___________________________________
Lori Watson, Member
Date: ______________________________
ATTEST:
_____________________
Sue Wolfgang, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
APPLICATION CHECKLIST (for u se b y City of Carmel)
Chec klist
Applicable permit or
approval c opies received
Application comple te d in full
Ev e nt narrativ e de scription include d
M aps attache d, if applicable
Ve ndor list attache d, if applicable
Se curity de posit or e v e nt fe e re ce iv e d
Ce rtificate of Insurance re ce iv e d
Communication plan to re side nts and/or busine sse s and/or copy of
e mail corre sponde nce to affe cte d partie s re ce iv e d
HOA approv al re ce iv e d
Hamilton County He alth De partme nt
Hamilton County She riff
City of Carme l Fire M arshal
City of Carme l Police De partme nt
Carme l Clay Parks & Re cre ation
SUBMIT
CFD NA
CPD NA
JS 6-29-21
BPW 7-7-21
CRED/Mayor 6-28-21 ok
CFD Sutton ok 6-24-21CPD Bickel ok 6-24-21
ENG NA
JS 6-29
BPW 7-7
CRED/Mayor ok 6-28-21
CFD Sutton ok 6-22-21
CPR Bickel ok 6-17-21
*Permissions from Village of Mt. Carmel & Carmel Clay
Parks received & attached.
JS 6-29-21
BPW 7-7-21
CRED/MAYOR OK 6-28-21
CFD SUTTON 6-25-21
CPD BICKEL 6-25-21
ENG NA
JS 6-29
BPW 7-7
CRED/Mayor ok 6-28-21
CFD Sutton 6-22-21
CPD Bickel 6-17-21
ENG NA
/Mayor ok 6-28-21
Sutton 6-16-21
Brewer OK 6-16-21
Bickel 6-16-21
NA
CzKpoPcfsmboefsbu3;61qn-Kvo28-3132
CzKpoPcfsmboefsbu4;17qn-Kvo28-3132
FYIJCJU
B
FYIJCJU
C
CzKpoPcfsmboefsbu4;31qn-Kvo28-3132
FYIJCJU
B
Comcast Cable Communications Management, LLC
c/o Market Development, Comcast Business
41112 Concept Drive
Plymouth, MI 48710
RE:
Property Address:
Dear Comcast:
Access to Property – City of Carmel Courthouse
1 Civic Square
Street Address (include applicable range, exclude suite numbers)
Carmel, IN 46032
City, State and Zip
Additional Address Information (optional)
The Owning Entity identified below, being the owner of the premises described above (the “Property”),
hereby consents to the installation, operation, and maintenance by Comcast Cable Communications
Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of
Comcast’s cable and other equipment at the Property, to be used by Comcast to provide communications
services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins.
Owning Entity: City of Carmel
Contact name: Brian Smith
Contact phone number: 317-460-7744 Ext.
Contact email address: BmSmith@carmel.in.gov
Additional Contact (optional):
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance
of Comcast’s equipment on the Property. Upon request, Comcast shall provide a certificate of insurance
naming Owner as additional insured. Exhibit A attached hereto, depicts the location of Comcast’s cable
and other equipment (the “Plans”).
Owner’s consent will continue for so long as Comcast provides communications services to tenants or
other occupants of the Property. The Access to Property shall bind and benefit the parties and their
respective successors and assigns. This Agreement shall not be recorded.
Sincerely,
Signature: _____________________________________________ Date Signed:
Print Name:
Full Title:
Owner or Duly Authorized Agent of Owner
EXHIBIT “A”
The Plans
Comcast will secure required permits and locate existing utilities prior to work commencing at the site.
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
Comcast Cable Communications Management, LLC
c/o Market Development, Comcast Business
41112 Concept Drive
Plymouth, MI 48710
RE:
Property Address:
Dear Comcast:
Access to Property – City of Carmel Water
3450 W 131st Street
Street Address (include applicable range, exclude suite numbers)
Carmel, IN 46032
City, State and Zip
Additional Address Information (optional)
The Owning Entity identified below, being the owner of the premises described above (the “Property”),
hereby consents to the installation, operation, and maintenance by Comcast Cable Communications
Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of
Comcast’s cable and other equipment at the Property, to be used by Comcast to provide communications
services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins.
Owning Entity: City of Carmel
Contact name: Brian Smith
Contact phone number: 317-460-7744 Ext.
Contact email address: BmSmith@carmel.in.gov
Additional Contact (optional):
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance
of Comcast’s equipment on the Property. Upon request, Comcast shall provide a certificate of insurance
naming Owner as additional insured. Exhibit A attached hereto, depicts the location of Comcast’s cable
and other equipment (the “Plans”).
Owner’s consent will continue for so long as Comcast provides communications services to tenants or
other occupants of the Property. The Access to Property shall bind and benefit the parties and their
respective successors and assigns. This Agreement shall not be recorded.
Sincerely,
Signature: _____________________________________________ Date Signed:
Print Name:
Full Title:
Owner or Duly Authorized Agent of Owner
EXHIBIT “A”
The Plans
Comcast will secure required permits and locate existing utilities prior to work commencing at the site.
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
Comcast Cable Communications Management, LLC
c/o Market Development, Comcast Business
41112 Concept Drive
Plymouth, MI 48710
RE:
Property Address:
Dear Comcast:
Access to Property – City of Carmel
459 3rd Ave SW
Street Address (include applicable range, exclude suite numbers)
Carmel, IN 46032
City, State and Zip
Additional Address Information (optional)
The Owning Entity identified below, being the owner of the premises described above (the “Property”),
hereby consents to the installation, operation, and maintenance by Comcast Cable Communications
Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of
Comcast’s cable and other equipment at the Property, to be used by Comcast to provide communications
services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins.
Owning Entity: City of Carmel
Contact name: Brian Smith
Contact phone number: 317-460-7744 Ext.
Contact email address: BmSmith@carmel.in.gov
Additional Contact (optional):
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance
of Comcast’s equipment on the Property. Upon request, Comcast shall provide a certificate of insurance
naming Owner as additional insured. Exhibit A attached hereto, depicts the location of Comcast’s cable
and other equipment (the “Plans”).
Owner’s consent will continue for so long as Comcast provides communications services to tenants or
other occupants of the Property. The Access to Property shall bind and benefit the parties and their
respective successors and assigns. This Agreement shall not be recorded.
Sincerely,
Signature: _____________________________________________ Date Signed:
Print Name:
Full Title:
Owner or Duly Authorized Agent of Owner
EXHIBIT “A”
The Plans
Comcast will secure required permits and locate existing utilities prior to work commencing at the site.
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
June 29, 2021
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: REPLAT- RESERVE AT SPRINGMILL SECTION 2, LOTS 69-70
Dear Board Members:
Kyra Miller with Miller Surveying has requested the replat of Lots 69-70 in Section 2 of Reserve at
Springmill be placed on the Board of Public Works and Safety agenda for approval and signatures.
The plat has been reviewed and signed by the Department of Community Services and reviewed by the
Department of Engineering with approval. Therefore, I recommend the Board approve and sign this
plat.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: MYLAR PLAT
June 29, 2021
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: MAGNOLIA CONDOMINIUMS - SECONDARY PLAT
Dear Board Members:
Rebecca McGuckin with Old Town Companies has requested the secondary plat for Magnolia
Condominiums be placed on the Board of Public Works and Safety agenda for approval and signatures.
The plat has been reviewed and signed by the Department of Community Services and reviewed by the
Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: MYLAR PLAT
RESOLUTION NO. BPW NO. 07-07-21-01
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
RECOMMENDING SELECTION OF AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR SERVICES WITH SELECTED OFFEROR
WHEREAS, pursuant toIndiana Code 5 23 et seq. , the City of Carmel
solicit and enter into public-private agreements for the design, construction, operation, and
maintenance of public projects;
WHEREAS, on February 1, 2021, the Common Council of the City approved
Resolution No. CC 02-01-21-01 authorizing the City to enter into public-private agreements pursuant to
the BOT Statute;
WHEREAS, on April 23, 2021, the City issued a Request for Proposals and Qualifications to
Design, Build, Operate, Maintain the City Police Department Headquarters Expansion and Court Addition
Project Through aPublic Private Agreement , after publishing the statutorily required
public notice, for the design, construction, operation, and maintenance of the: (a) renovation and expansion
of; and (b) addition of the City Court facilities to; the existing City Police Department Headquarters located
WHEREAS, responses to the BOT RFP/Q were due no later than May 19, 2021;
WHEREAS, after reviewing all responses to the BOT RFP/Q, the City BOT evaluation committee
preferred offeror toact as the developer ofthe BOT Project;
WHEREAS, the City published the statutorily required notice of: (a) recommended
selection as the preferred offeror; and (b) public hearing regarding the selection of apreferred offeror; on
June 25, 2021\];
WHEREAS
Envoy, its qualifications, the recommendations of the Evaluation Committee, and the public comment made
at the public hearing, finds as follows:
1. Envoy has experience in developing, constructing, operating, and maintaining
projects similar to the BOT Project;
2. Envoy has experience in participating in public-private partnerships similar to that
proposed for the BOT Project;
3. Envoy has demonstrated that it has the ability and capacity toperform the work
required by the BOT Project in acost effective and timely manner;
4. responsive and complete;
5. Envoy has the financial ability and operational capacity to design, construct,
operate, and maintain the BOT Project; and
6.
partner for the BOT Project;
WHEREAS, to ensure that the City receives the best possible pricing for the BOT Project,
additional programming, design, cost estimating, bidding, and other pre-development work to be performed
by Envoy isadvised prior to establishing aguarantee
WHEREAS, to ensure the ability to meet the BOT Project construction schedule, the City desires
to enter into an Agreement for Services with Envoy for the: (a) completion of the BOT Project programming
and design; and (b) establishment
payment under the Services Agreement, except for an initial amount not to
exceed $585,000.00 , shall be contingent on the sale of bonds approved by
the Council by Ordinance No. D-2562-20 (as amended) on March 17, 2021 ;
WHEREAS, repayment for service performed under the Services Agreement will ultimately be
funded by the proceeds of the Bonds;
WHEREAS, on Jun
authorized payment of the Initial Funding Amount under the Services Agreement, subject to reimbursement
from the Bonds pursuant to Resolution CC-02-15-21-01 for reimbursement of expenditures related to the
WHEREAS, upon the completion of design and establishment of the GMP under the Services
Agreement, the City desires to enter into aPublic Private Agreement for the construction, operation, and
and
WHEREAS, BPW has determined that is in the best interests of the City to: (a) select Envoy as
he BOT Project; (b) enter into
the Services Agreement; (c) enter into the PPA; and (d) take any other actions necessary to accomplish the
foregoing; all as authorized by the BOT Statute, City ordinances, and other applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety as that:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. Envoy is selected as the preferred offeror and the private partner for the development of
the BOT Project.
3. The Mayor is authorized to negotiate the final terms ofthe Services Agreement and the
PPA, if applicable.
4. Each agreement, instrument, certificate, and other document contemplated by this
resolution to be executed and delivered by the City, shall be in aform approved by, and satisfactory to, the
City, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof
by the Mayor or his designee(s).
5. The Mayor and/or his designee(s) are authorized to execute and deliver all of the
agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed
and delivered by the City. The Mayor and/or his designee(s) are further authorized to take all other lawful
actions necessary in connection with the BOT Project, the Services Agreement, the PPA, and the other
matters contemplated by this Resolution.
SO RESOLVED this __ day of July, 2021.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
By: Date:
Honorable James Brainard
Presiding Officer
By: Date:
Mary Ann Burke
Member
By: Date:
Lori S. Watson
Member
ATTEST:
By: Date:
Sue Wolfgang
Clerk