HomeMy WebLinkAboutPaperless Packet for BPW 04.21.21Board of Public Works and Safety Meeting
Agenda
Wednesday, April 21, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the April 7, 2021, Regular Meeting
2. BID/QUOTE OPENINGS AND AWARDS
a. Bid Award for Golf Cart Paths – Brookshire; Bob Higgins, General Manager and
Superintendent for Brookshire Golf Course
b. Bid Opening for 2021 Combination Sewer Cleaner; John Duffy, Director of the
Department of Utilities
c. Bid Opening for Duke Energy – Carmel 69 Substation Storm Sewer Re-route; Jeremy
Kashman, City Engineer
3. PERFORMANCE RELEASE APPROVAL REQUESTS
a. Resolution BPW 04-21-21-01; Village of West Clay; Sec. 5001, Sec. 5002, Sec. 6001.
Sec. 10002, Sec.10003, Sec. 10004B, Sec. 12002A, Sec. 12002B, Sec. V02-A; Builder
Walk; Pulte Homes
4. CONTRACTS
a. Request for Purchase of Goods and Services; Kuaba Gallery; ($3,250.00); Concrete
Pedestal for Swing Me Higher Mama; Nancy Heck, Director of the Department of
Community Relations
b. Request for Purchase of Goods and Services; Officeworks Services, LLC;
($10,945.87); Conference Table and Chairs; Jon Oberlander, Assistant Corporation
Counsel
c. Request for Purchase of Goods and Services; Ace Paving, LLC; ($1,080,000.00);
Asphalt Golf Cart Paths at Brookshire Gold Course; Bob Higgins, General Manager
and Superintendent for Brookshire Golf Course
d. Request for Purchase of Goods and Services; Applied Concepts, Inc.; ($23,746.50);
Radar Systems; Additional Services Amendment; Chief James Barlow, Carmel Police
Department
e. Request for Purchase of Goods and Services; AG Productions, LLC; ($52,800.00);
Video Marketing, Content management and Production; Additional Services
Amendment; Nancy Heck, Director of the Department of Community Relations
f. Request for Purchase of Goods and Services; Hoosier Portable Restrooms, Inc.;
($41,600.00/$1,600.00 per/wk); Four Stall Shower Trailer Rental; Additional Services
Amendment; Chief David Haboush, Carmel Fire Department
g. Request for Purchase of Goods and Services; Greenstreet Ltd, LLC; ($35,650.00);
Carmel Comprehensive Plan; Additional Services Amendment; Mike Hollibaugh,
Director of the Department of Community Services
h. Request for Purchase of Goods and Services; Leach and Russell Mechanical
Contractors, Inc.; ($5,000.00); HVAC Preventative Maintenance; Additional Services
Amendment; Chief David Haboush, Carmel Fire Department
i. Request for Purchase of Goods and Services; American Structurepoint; (-$94.98); 16-
ENG-05 96th Street and Keystone Parkway; Change Order #17; Jeremy Kashman, City
Engineer
j. Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.;
($960.00); Auman Neighborhood Drainage 18-23; Change Order #1; Jeremy Kashman,
City Engineer
k. Request for Purchase of Goods and Services; White Construction; (-$153,600.85); 16-
ENG-55, 16-ENG-97, 16-ENG-109, Main Street and Gray Road, Main Street Multi-
Use Pathway, Carey Road and Main Street Pathway Extension; Change Order #12;
Jeremy Kashman, City Engineer
l. Request for Agreement for Parking and Traffic Regulation on Private Business
Property; Indiana Design Center Parking Garage; 200 S Rangeline Rd; Henry
Mestetsky, Carmel Redevelopment Commission
5. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use Civic Square Gazebo; Dog Safety with Hamilton County Humane
Society; July 16th, 2021; 9:30 AM – 11:30 AM; Sara O’Sha, Carmel Clay Public Library
b. Request to Use Civic Square Gazebo; Gather for Asian Americans; April 28th, 2021;
4:00 PM – 8:00 PM; Sharon Kibbe, City of Carmel
c. Request to Use Civic Square Gazebo; Michl Wedding Ceremony; May 15th, 2021;
12:00 PM – 6:00 PM; Carri Michl
d. Request to Use Civic Square Gazebo; Indiana Wind Symphony Concert; June 18th,
2021; 3:00 PM – 10:00 PM; Susan Hungerford, Indiana Wind Symphony
e. Request to Use Civic Square Gazebo; Dog Days Event; June 27th, 2021; 12:00 PM –
7:00 PM; Mia Sosa, Carmel Mayor’s Youth Council
f. Request to Use East Patio of Palladium; Shook Wedding Ceremony; June 25th, 2021;
1:30 PM – 6:00 PM; Kathy Ran, Hotel Carmichael
g. Request to Use East Patio of Palladium; Maurer Wedding Ceremony; June 26th, 2021;
1:30 PM – 6:00 PM; Kathy Ran, Hotel Carmichael
h. Request to Use East Patio of Palladium; Bonner Wedding Ceremony; June 19th, 2021;
1:30 PM – 6:00 PM; Kathy Ran, Hotel Carmichael
i. Request to Use East Patio of Palladium; Coudret Wedding Ceremony; June 4th, 2021;
1:00 PM – 7:00 PM; Kathy Ran, Hotel Carmichael
j. Request to Use City Streets / Street Closure; Old Town House Move, 1st Ave NW; Mid
May 2021; 9:00 AM – 9:30 AM; Rebecca McGuckin, Old Town companies
k. Request to Use City Sidewalk; Open House, 571 Monon Blvd; June 15th, 2021; 3:30
PM – 8:30 PM; Betsy Miller, Financial Partners Group
6. OTHER
a. Request for Grant of Perpetual Storm Water Quality Management Easement; OE
Veterans Way, LLC
b. Request for Consent to Encroach; 835 Winter Ct; Christopher and Elizabeth Monico,
Property Owners
c. Request for Consent to Encroach; 827 Winter Ct; Mark and Sharon Kibbe, Property
Owners
d. Request for Consent to Encroach; 3562 Hintocks Circle; Dennis and Laura Carafiol,
Property Owners
e. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Deficient
Utility Poles; Various Locations; Duke Energy
f. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Utility
Pole Relocations; North Range Line; Duke Energy
g. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions;
Installation of Aerial Facilities on Relocated Poles; 141st and Wilmuth Drive; AT&T
h. Request for Grant of Perpetual Storm Water Quality Maintenance Approval;
Mélange; Jon Scheidler, Woolpert
i. Request for Sidewalk Closure / Open Pavement Cut / Traffic Restrictions; Relocate
Gas Mains; Range Line and Walnut; Vectren Energy
j. Request for Driveway Width Variance; 117 Rolling Hill Drive; Natali Teszler
Homeowner
k. Request for Replat; VOWC Section 6003B, Blocks 4 & 5; Chris Cooper. HWC
Engineering
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, April 7, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
6
MEETING CALLED TO ORDER 7 8
Mayor Brainard called the meeting to order at 10:01 AM 9
10
MEMBERS PRESENT 11
12
Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 13
were present. 14
15
MINUTES 16
17
Minutes from the March 17, 2021, Regular Meeting were approved 3-0. 18
19
BID/QUOTE OPENINGS AND AWARDS 20
21
Bid Opening for Bid Opening for Golf Cart Paths – Brookshire; Lori Watson opened the bids and Mayor James 22
Brainard read them aloud: 23
24
Contractor Bid 25
Ace Paving Base $1,080,000.00 26
Alt 1 $1,035,000.00 27
New Path $40.53/LFT 28
Resurface Path $15.50/LFT 29
30
Bid Opening for Bid Opening for Bridge Replacements and Bank Stabilization in Brookshire Golf Club and 31
Brookshire Mitigation Repairs; Lori Watson opened the bids and Mayor James Brainard read them aloud: 32
33
Contractor Bid 34
His Constructors, Inc. $468,843.50 35
Shuck Corporation $478,426.75 36
Mammoth, Inc. $636,341.43 37
38
CONTRACTS 39
40
Resolution BPW-04-07-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 41
Acknowledging Agreement Between Owner and Contractor; Granicus, LLC; ($63,519.05); GovAccess Website 42
Design and Implementation; Board Member Burke moved to approve. Board Member Watson seconded. 43
Request approved 3-0. 44
45
Resolution BPW-04-07-21-02; A Resolution of the City of Carmel Board of Public Works and Safety 46
Acknowledging Agreement Between Owner and Contractor; Favorite Part of My Day, LLC; ($43,000.00); DEI 47
Training; Board Member Burke moved to approve. Mayor James Brainard seconded. Board Member Watson 48
Opposed; Request approved 2-1. 49
50
Resolution BPW-04-07-21-03; A Resolution of the City of Carmel Board of Public Works and Safety 51
Acknowledging Agreement Between Owner and Contractor; Melrose Pyrotechnics, Inc.; ($75,000.00); Carmel 52
Fest Fireworks; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 53
3-0. 54
55
Resolution BPW-04-07-21-06; A Resolution of the City of Carmel Board of Public Works and Safety 56
Acknowledging Agreement Between Owner and Contractor; Volkswagen Group of America, Inc. 57
($150,000.00); VW Contract, Consulting Fees; Board Member Burke moved to approve. Board Member 58
Watson seconded. Request approved 3-0. 59
60
Request for Purchase of Goods and Services; MEG & Associates, LLC; ($104,000.00); Event Planning and 61
Media Services; Additional Services Amendment; Board Member Burke moved to approve. Board Member 62
Watson seconded. Request approved 3-0. 63
64
Request for Purchase of Goods and Services; Rollfast, Inc.; ($37,770.00); Cycling Event Services; Additional 65
Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 66
approved 3-0. 67
68
Request for Purchase of Goods and Services; Love to Ride, LLC; ($10,640.00); Love to Ride City Platform; 69
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 70
71
Request for Purchase of Goods and Services; JAF Property Services, Inc.; ($35,025.00); Camera Upgrade – 72
Palladium; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 73
74
Request for Purchase of Goods and Services; Surface Solutions, Inc.; ($12,433.00); Three Coat Epoxy System; 75
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 76
77
Request for Purchase of Goods and Services; Meltwater Services; ($5,000.00); Additional Meltwater Services; 78
Additional Services 4th Amendment; Board Member Burke moved to approve. Board Member Watson 79
seconded. Request approved 3-0. 80
81
Request for Purchase of Goods and Services; CORE Planning Strategies, LLC; ($393,548.00); Project 82
Management - Police Annex; Board Member Burke moved to approve. Board Member Watson seconded. 83
Request approved 3-0. 84
85
Request for Purchase of Goods and Services; Stryker Sales, LLC; ($27,000.00); LifePak 15 Preventative 86
Maintenance; Board Member Burke moved approve. Board Member Watson seconded. Request approved 3-0. 87
88
Request for Purchase of Goods and Services; College Avenue Design, LLC; ($19,000.00); Event Planning 89
Services; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 90
91
Request for Purchase of Goods and Services; Tandem Mobility Quote; ($90,000.00); Bike Share Service; Board 92
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 93
94
Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($15,373.31); Smartsheet Renewal, 95
Data Uploader and Launch Package; Additional Services Amendment; Board Member Burke moved to 96
approve. Board Member Watson seconded. Request approved 3-0. 97
98
99
REQUEST TO USE CITY STREETS/PROPERTY 100
101
Request to Use Civic Square Gazebo; Wedding Ceremony; September 24th, 2021; 1:00 PM – 3:00 PM; Board 102
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 103
104
Request to Use Japanese Garden; Wedding Ceremony; April 20th, 2021; 12:00 PM – 1:00 PM; Board Member 105
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 106
107
Request to Use Civic Square Gazebo; School of Rock Carmel Spring Final Performances; April 17th, 2021; April 108
18th, 2021; April 25th, 2021; 9:00 AM – 7:30 PM; Board Member Burke moved to approve. Board Member 109
Watson seconded. Request approved 3-0. 110
111
Request to Use Civic Square Gazebo; Wedding Ceremony; May 22nd, 2021; 1:00 PM – 3:00 PM; Board Member 112
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 113
114
Request to Use Carter Green; Carmel Culinary Boosters Fundraising Dinner; May 10th, 2021; 10:00 AM – 10:00 115
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 116
117
Request to Acknowledge Mayor’s Approval of Street Closure; Elm Street from Veterans Way to Monon Boulevard - 118
Midtown Selfie Station Installation; March 30th, 2021; 8:00 AM – 5:00 PM; Board Member Burke moved to 119
approve. Board Member Watson seconded. Request approved 3-0. 120
121
OTHER 122
123
Request for Water Line Easement Agreement; 1630 E. 109th St; Board Member Burke moved to approve. Board 124
Member Watson seconded. Request approved 3-0. 125
126
Request for Water Line Easement Agreement; 1645 E. 109th St; Board Member Burke moved to approve. Board 127
Member Watson seconded. Request approved 3-0. 128
129
Request for Water Line Easement Agreement; 1605 E. 109th St; Board Member Burke moved to approve. Board 130
Member Watson seconded. Request approved 3-0. 131
132
Request for Water Line Easement Agreement; 10699 Highland Dr.; Board Member Burke moved to approve. 133
Board Member Watson seconded. Request approved 3-0. 134
135
Request for Water Line Easement Agreement; 1600 E. 109th St; Board Member Burke moved to approve. Board 136
Member Watson seconded. Request approved 3-0. 137
138
Request for Water Line Easement Agreement; 1635 E. 109th St; Board Member Burke moved to approve. Board 139
Member Watson seconded. Request approved 3-0. 140
141
Request for Water Line Easement Agreement; 1652 E. 109th St; Board Member Burke moved to approve. Board 142
Member Watson seconded. Request approved 3-0. 143
144
Request for Water Line Easement Agreement; 1615 E. 109th St; Board Member Burke moved to approve. Board 145
Member Watson seconded. Request approved 3-0. 146
147
Request for Water Line Easement Agreement; 10685 Highland Dr.; Board Member Burke moved to approve. 148
Board Member Watson seconded. Request approved 3-0. 149
150
Request for Water Line Easement Agreement; 1620 E. 109th St; Board Member Burke moved to approve. Board 151
Member Watson seconded. Request approved 3-0. 152
153
Request for Water Line Easement Agreement; 10687 Highland Dr.; Board Member Burke moved to approve. 154
Board Member Watson seconded. Request approved 3-0. 155
156
Request for Water Line Easement Agreement; 10680 Highland Dr.; Board Member Burke moved to approve. 157
Board Member Watson seconded. Request approved 3-0. 158
159
Request for Water Line Easement Agreement; 1625 E. 109th St; Board Member Burke moved to approve. Board 160
Member Watson seconded. Request approved 3-0. 161
162
Request for Water Line Easement Agreement; 1609 E. 109th St; Board Member Burke moved to approve. Board 163
Member Watson seconded. Request approved 3-0. 164
165
Request for Water Line Easement Agreement; 10840 Westfield Blvd.; Board Member Burke moved to approve. 166
Board Member Watson seconded. Request approved 3-0. 167
168
Resolution BPW-04-07-21-04; A Resolution of the City of Carmel Board of Public Works and Safety of the City 169
of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge; Todd C. Clark; Board 170
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 171
172
Resolution BPW-04-07-21-05; A Resolution of the City of Carmel Board of Public Works and Safety of the City 173
of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge Board Member Burke moved 174
to approve. Board Member Watson seconded. Request approved 3-0. 175
176
Resolution BPW-04-07-21-08; A Resolution of the City of Carmel Board of Public Works and Safety of the City 177
of Carmel, Indiana, Regarding the Intergovernmental Transfer of Certain Property Interests; 10701 North 178
College Avenue; Carmel Fire Department Lease Agreement; Board Member Burke moved to approve. Board 179
Member Watson seconded. Request approved 3-0. 180
181
Request for Consent to Encroach; 4655 Brauer Lane; Board Member Burke moved approve. Board Member 182
Watson seconded. Request approved 3-0. 183
184
Request for Waiver of City Code #6.145; 1100 E. 116th St.; Controlled Burn for Maintenance of Pond Banks; 185
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 186
187
Request for Grant of Storm Water Technical Standards Waiver; North End; Board Member Burke moved 188
approve. Board Member Watson seconded. Request approved 3-0. 189
190
Request for Grant of Storm Water Technical Standards Waiver; Pennwood Professional Office Park; 11585 N 191
Pennsylvania; Board Member Burke moved approve. Board Member Watson seconded. Request approved 3-0. 192
193
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Install Fiber Optic Cables; 100 W. 194
96th St.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 195
196
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Small Cell Installation; 12091 197
Shelborne Road; 12017 Towne Road; 11597 Shelborne Road; 11612 Towne Road; 11589 Ditch Road; Board 198
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 199
200
Request for Waiver of BPW Resolution No. 04-28-17-01 / Aerial Waiver; Guilford Road and 126th St.; Board 201
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 202
203
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Maintenance on Existing Aerial 204
Facilities; Various Locations; Board Member Burke moved to approve. Board Member Watson seconded. 205
Request approved 3-0. 206
207
Request for Sidewalk and Lane Closure / Open Pavement Cut; 730 1st Ave. NE; Board Member Burke moved to 208
approve. Board Member Watson seconded. Request approved 3-0. 209
210
Request for Curb Cut / Curb Cut Vacation; 13120 Six Points Road; Board Member Burke moved to approve. 211
Board Member Watson seconded. Request approved 3-0. 212
213
Request for Replat; Hamlet at Jackson’s Grant Lots 9, 10 and 11; Board Member Burke moved to approve. 214
Board Member Watson seconded. Request approved 3-0. 215
216
PUBLIC HEARING 217
218
Resolution BPW-04-07-21-07; A Resolution of the City of Carmel Board of Public Works and Safety of the City 219
of Carmel, Indiana, Regarding the Third Party Transfer of Real Property; Keystone and 96th Remnant Parcels; 220
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 221
222
Public Hearing opened at 10:09:15. No speakers came forward. Closed at 10:09:48 223
224
ADJOURNMENT 225
226
Mayor Brainard adjourned the meeting at 10:10 a.m. 227
228
229
_____________________________________ 230
Sue Wolfgang – City Clerk 231
232
Approved 233
234
_____________________________________ 235
Mayor James Brainard 236
237
ATTEST: 238
239
__________________________________ 240
Sue Wolfgang – City Clerk 241
Jayne During d/b/a Kuaba Gallery
Department of Community Relations - 2021
CzKpoPcfsmboefsbu23;64qn-Bqs12-3132Appropriation # 1203 43-590.00; P.O. #105128
Contract Not To Exceed $3,250.00
AGREEMENT FORPURCHASE OFGOODS ANDSERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and
Jayne During d/b/a Kuaba Gallery, an entity duly authorized to do business in the State of Indiana (“Vendor”).
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement’s terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City
budget appropriation number 1203 43-590.00 funds. Vendor agrees to provide the Goods and Services and
to otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Three Thousand Two Hundred Fifty Dollars ($3,250.00) (the “Estimate”).
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same,
so long as and to the extent such Goods and Services are not disputed, are in conformance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s
stated use and are fit and sufficient for their particular purpose.
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.
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1
Jayne During d/b/a Kuaba Gallery
Department of Community Relations - 2021
Appropriation # 1203 43-590.00; P.O. #105128
Contract Not To Exceed $3,250.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is apart of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein;
c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INDEMNIFICATION:
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.
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.
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2
Jayne During d/b/a Kuaba Gallery
Department of Community Relations - 2021
Appropriation # 1203 43-590.00; P.O. #105128
Contract Not To Exceed $3,250.00
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. RESERVED.
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
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.
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3
Jayne During d/b/a Kuaba Gallery
Department of Community Relations - 2021
Appropriation # 1203 43-590.00; P.O. #105128
Contract Not To Exceed $3,250.00
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
Department of Community Relations Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Jayne During d/b/a Kuaba Gallery
404 W Main Street
Carmel, Indiana 46032
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective ifgiven
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.
19.3The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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’sauthorization 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.
S:\\joberlander\\Contracts\\Jayne During dba Kuaba Gallery Goods and Services.doc:3/31/2021 1:30 PM\]
4
Jayne During d/b/a Kuaba Gallery
Department of Community Relations - 2021
Appropriation # 1203 43-590.00; P.O. #105128
Contract Not To Exceed $3,250.00
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. DEBARMENT AND SUSPENSION
26.1 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.
26.2The Vendor certifies that ithas verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28. 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.
29. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
S:\\joberlander\\Contracts\\Jayne During dba Kuaba Gallery Goods and Services.doc:3/31/2021 1:30 PM\]
5
404 West Main Street
Carmel IN 46032
317.955.8405 (T)
317.955.8406 (F)
kuabagallery@gmail.com
March 30, 2021
Mrs Nancy Heck
Community Relations - Carmel Arts & Design District
City of Carmel
Community Relations & Economic Development
SCOPE OFSERVICES
Concrete Pedestal for Swing Me Higher, Mama
Description:
Artist: Dominic Benhura
Medium: Stone
Weight: 350kg (about 772 pounds)
Color: Different variations of gray
Delivery Date: June/July
Dimensions: 37in high with a20inx20in base
Price:
Base for sculpture: $1,400
Shipping base for sculpture: $1,100
Packaging: $750
TOTAL: $3,250
Image:
Attached
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Image:
Rendering of Concrete Pedestal for Swing Me Higher, Mama
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EXHIBIT B
Invoice
Date:
Name ofCompany:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
CzKpoPcfsmboefsbu22;56bn-Bqs25-3132
CzKpoPcfsmboefsbu23;67qn-Bqs24-3132
CzKpoPcfsmboefsbu21;13bn-Bqs23-3132
Jan Achilles
Contracts Administrator
75-1544925
4/12/2021
RVPUFsbebs2047834bqqmjfe!dpodfqut-!jod/
Page 1of2855E. Collins Blvd National Toll Free: 1-800- STALKER Date: 02/12/21Richardson, TX 75081
Pam SchneidewindGreg ChambersPhone: 972-398-3780
1-972-801-4890+1-214-551-2807Fax: 972-398-3781 Inside Sales Partner:Reg Sales Mgr:
pams@stalkerradar.comchambers@stalkerradar.com
02/12/202105/13/202121 working daysEffectiveFrom :Valid Through:Lead Time:
022193FedEx GroundBillTo:Customer ID:Ship To:
Carmel Police DeptCarmel Police Dept
3 Civic Sq3400 W 131st StAccountsPayableCityMechanic Jason Ogle
Carmel, IN 46032-2584Carmel, IN46074-8267
GrpQtyPackageDescriptionWrnty/MoPriceExt Price
13807-0001-00DSR 2X Radar with Fast Lock Remote36$2,790.00$8,370.00
LnQtyPart NumberDescriptionPriceExt Price
13200-0965-402X Counting Unit, 1.5PCB$0.00
23200-0875-302X Modular Display, HighBright LEDs$0.00
33200-1237-00DSR Ka Antenna$0.00
43200-1237-01DSR Ka Antenna, Rear$0.00
53200-0919-00*2XFastLockRemote w/Screw Latch$0.00
63200-0769-0025MPH/40KPHKATuning Fork$0.00
73200-0770-0040MPH/64KPHKATuning Fork$0.00
83200-0648-00Display Sun Shield$0.00
93200-0243-00Counting/Display Tall Mount$0.00
103200-0244-00Antenna Dash Mount$0.00
113200-0245-00Antenna Tall Deck Mount$0.00
123155-2055-08Antenna Cable, 8 Ft$0.00
133155-2055-20Antenna Cable, 20Ft$0.00
143200-0622-00VSS Cable Kit$0.00
153200-0619-002X Documentation Kit$0.00
163035-0361-00Shipping Container, DashMounted Radar$0.00
173060-1000-3636 Month Warranty$0.00
8,370.00GroupTotal
GrpQtyPackageDescriptionWrnty/MoPriceExt Price
28805-0022-00Dual - 2 Antenna Radar System36$1,898.00$15,184.00
LnQtyPart NumberDescriptionPriceExt Price
188200-0998-40Dual Enhanced Counting Unit, 1.5PCB, FCCFiltered$0.00
198200-0996-30Dual Modular Display,Bright LEDs$0.00
2016200-1237-35Dual KaAntenna$0.00
218200-0920-00Dual SLRemote Control w/Screw Latch$0.00
228200-0769-0025 MPH/40 KPHKATuning Fork$0.00
238200-0770-0040 MPH/64 KPHKATuning Fork$0.00
248200-0243-00Counting/Display TallMount$0.00
258200-0244-00Antenna Dash Mount$0.00
268200-0245-00Antenna Tall Deck Mount$0.00
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RVPUFsbebs2047834bqqmjfe!dpodfqut-!jod/
Page 2of2855E. Collins Blvd National Toll Free: 1-800- STALKER Date: 02/12/21Richardson, TX 75081
Pam SchneidewindGreg ChambersPhone: 972-398-3780
1-972-801-4890+1-214-551-2807Fax: 972-398-3781 Inside Sales Partner:Reg Sales Mgr:
pams@stalkerradar.comchambers@stalkerradar.com
02/12/202105/13/202121 working daysEffectiveFrom :Valid Through:Lead Time:
022193FedEx GroundBillTo:Customer ID:Ship To:
Carmel Police DeptCarmel Police Dept
3 Civic Sq3400 W 131st StAccountsPayableCityMechanic Jason Ogle
Carmel, IN 46032-2584Carmel, IN46074-8267
GrpQtyPackageDescriptionWrnty/MoPriceExt Price
28805-0022-00Dual - 2 Antenna Radar System36$1,898.00$15,184.00
LnQtyPart NumberDescriptionPriceExt Price
278200-0648-00Display SunShield$0.00
288155-2055-08Antenna Cable, 8 Ft$0.00
298155-2055-20Antenna Cable, 20Ft$0.00
308200-0622-00VSS Cable Kit$0.00
318200-0820-00Dual Manual Kit$0.00
328035-0361-00Shipping Container, DashMounted Radar$0.00
338060-1000-3636 Month Warranty$0.00
15,184.00GroupTotal
23,554.00ProductSub-Total: 23,554.00
DiscountSales Tax0.000%$0.00
Shipping & Handling: 192.50
Net30 daysPaymentTerms: Total: USD 23,746.50
001VehicleInformation:
2021 Ford Interceptor SUV
This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These
Terms and Conditions contain limitations ofliability, waivers of liability even for our own negligence, and indemnification provisions,
all ofwhich may affect your rights. Please review these Terms and Conditions carefully before proceeding.
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5022032
CzKpoPcfsmboefsbu23;24qn-Bqs26-3132
Service Contract for Carmel Fire Department Station 41 shower Trailer
Date: April 1, 2021
Customer: Orbie Bowles/Carmel FireDepartment
2Civic Square
Carmel, IN46032
317 571 2600
Supplier: Jamie Hunter/Hoosier Portable Restrooms
th2201E. 99 St
Indianapolis, IN46280
317 844 6919 c317 439 9383
Scope ofproject: Provide a4 stall shower trailer foruse inside the station, foruse during renovation.
Hot/Cold water provided byCFD via ¾” pex drops. Gray water gravity discharge from the trailer, tobe
pumped todrain. 2110 volt electrical plug ins for heat/cool/ventilation/lights asneeded. Installation is
included, asisdrop off/pickup. Regular/daily inside cleaning tobeprovided byCFD staff.
Duration ofproject: 6months, then renewable month/month, aslong asneeded. Start May 1, 2021
Cost ofproject: $1600 per week
Terms: Billed monthly viaquickbooks email invoice, due upon receipt please.
Emergency contacts: Jamie Hunter c317 439 9383/Bret Kernodle c317 439 1061
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CzKpoPcfsmboefsbu2;55qn-Bqs13-3132
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