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HomeMy WebLinkAboutPaperless Packet for BPW 03.17.21Board of Public Works and Safety Meeting Agenda Wednesday, March 17, 2021 – 10:00 a.m. Via Videoconference MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the March 3, 2021, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Award for Mill and Resurface Various City Streets – 2020 Community Crossing Grant; Jeremy Kashman, City Engineer b. Bid Opening for 2021 Paving; Terry Killen, Street Commissioner 3. PERFORMANCE RELEASE APPROVAL REQUESTS a. Resolution BPW 03-17-21-01; The Grove at The Legacy; Sec. 1 Structural BMP, Sec. 1 Veg. BMP, Sec. 1A Streets, Sec. 1B Ramps, Sec. 1B Path, Sec. 2 Erosion Control, Sec. 3B/3C Erosion Control, Sec. 3B/3C Temp Erosion Control; PM Development Holdings 4. CONTRACTS a. Request for Purchase of Goods and Services; Municipal Emergency Services, Inc.; ($22,041.80); Emergency Services Equipment; Chief David Haboush, Carmel Fire Department b. Request for Purchase of Goods and Services; Travel Indiana, LLC; ($21,490.00); 2021 Travel Indiana Advertisements; Nancy Heck, Director of the Department of Community Relations c. Request for Purchase of Goods and Services; Harding Group. LLC,; ($2,264,960.80); Mill and Resurface Various City Streets; Jeremy Kashman, City Engineer d. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($20,170.00); 2021 Chevrolet Tahoe; Chief David Haboush, Carmel Fire Department e. Request for Purchase of Goods and Services; Gradex, Inc.; (-$196,852.74); 16- ENG-38 Executive Drive and Rangeline Road RAB; CO #3; Jeremy Kashman, City Engineer f. Request for Purchase of Goods and Services; TSW Utility Solutions; ($1,830.00); Smokey Row Utility Extension; CO #1; John Duffy, Director of the Department of Utilities g. Request for Purchase of Goods and Services; Morphey Construction; ($5,722.20); 16-ENG-70 Rangeline Road Streetscape / Proscenium Streetscape; CO #2; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; Omni Centre for Public Media, Inc.; ($78,217.21); Cable Channel Productions and Maintenance; Additional Services Agreement; Nancy Heck, Director of the Department of Community Relations 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Acknowledge Mayor’s Approval of Use / Closure of City Streets; St. Patrick’s Day Celebration; March 12th – 13th, March 17th, 2021; 12:00 PM – 12:00 AM; Barry Miller, The Brockway Public House b. Request to Use Veterans Memorial Plaza; Gold Star Family Luminary Night; September 26th, 2021; 6:00 PM – 10:00 PM; Jamie Ginder, Jonathan Jennings Chapter, NSDAR 6. OTHER a. Request Consent to Encroach; 1034 Oswego Road; Todd and Nancy Imhoff, Property Owners b. Request for Third Amendment to Lease Agreement; 473 Third Ave SW; Verizon c. Request for Grant of Perpetual Storm Water Management Easement; 1525 Preston Trail; Michael and Nancy Curless, Property Owners d. Request for Grant of Perpetual Storm Water Management Easement; Meadowlark Park; Weihe Engineers e. Request for Grant of Storm Water Technical Standards Waiver; 11180 Westfield Blvd; Greg Iiko, CrossRoads f. Request for Grant of Storm Water Technical Standards Waiver; The Avenue at Bennett Farm, 11100 N. Michigan Rd; Ashton Fritz, Fritz Engineering g. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Install Fiber Optic Cables; Various Locations; Brian Wente, AT&T h. Request for Alley Restriction / Open Pavement Cut; 530 2nd Ave NE: Jim Gravelie, Gravelie Excavating i. Request for Replat; Mayflower Park; Tracy McGill, Structurepoint 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, March 3, 2021 – 10:00 a.m. 3 Via Videoconference 4 5 6 7 MEETING CALLED TO ORDER 8 9 Mayor Brainard called the meeting to order at 10:01 AM 10 11 The meeting was held via videoconference. 12 13 MEMBERS PRESENT 14 15 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 16 were present. 17 18 MINUTES 19 20 Minutes from the February 17, 2021, Regular Meeting were approved 3-0; 21 22 BID/QUOTE OPENINGS AND AWARDS 23 24 Bid Award for 2021 Mulching; Terry Killen, Street Commissioner, recommended awarding the bid to Hittle 25 Landscape as they were the lowest and most responsive bidder. Board Member Burke moved to award the bid 26 to Hittle Landscape in the amount of $45,764.34. Board Member Watson seconded. Request approved 3-0. 27 28 Bid Award for 16-SW-85, Bridge Replacement, Westfield Boulevard Over Carmel Creek; Jeremy Kashman, 29 City Engineer, recommended awarding the bid to White Construction as they were the lowest and most 30 responsive bidder. Board Member Burke moved to award the bid to White Construction in the amount of 31 $1,020,000.00. Board Member Watson seconded. Request approved 3-0. 32 33 Bid Opening for Mill and Resurface Various City Streets – 2020 Community Crossing Grant; Deputy Stites 34 opened the bids and read them aloud: 35 36 Contractor Quote 37 Harding Group $2,264,960.80 38 E & B Paving, LLC $2,597,169.69 39 Reith Riley Construction $2,810,000.00 40 Midwest Paving $2,461,843.76 41 Milestone Contractors L.P. $2,833,450.00 42 43 44 PERFORMANCE RELEASE APPROVAL REQUESTS 45 46 Resolution BPW 03-03-21-01; Freddy’s Frozen Custard; Erosion Control; Board Member Burke moved to 47 approve. Board Member Watson seconded. Request approved 3-0. 48 49 CONTRACTS 50 51 Resolution BPW 03-03-21-03; A Resolution of the City of Carmel Board of Public Works Acknowledging 52 Agreement Between Owner and Contractor; Sedgwick Claims Management Services, Inc; Board Member Burke 53 moved to approve. Board Member Watson seconded. Request approved 3-0. 54 55 Request for Purchase of Goods and Services; White Construction, LLC; ($1,020,000.00); 16-SW-85, Bridge 56 Replacement, Westfield Boulevard over Carmel Creek; Board Member Burke moved to approve. Board 57 Member Watson seconded. Request approved 3-0. 58 59 Request for Purchase of Goods and Services; Hittle Landscaping, Inc.; ($45,764.34); 2021 Mulching; Board 60 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 61 62 Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($45,534.02); Additional Services 63 Agreement; Data Networking Equipment; Board Member Burke moved to approve. Board Member Watson 64 seconded. Request approved 3-0. 65 66 Request for Purchase of Goods and Services; Morphey Construction; ($53,195.00); 16-ENG-70 Range Line Rd 67 Streetscape / Proscenium Streetscape; CO #1; Board Member Burke moved to approve. Board Member Watson 68 seconded. Request approved 3-0. 69 70 Request for Purchase of Goods and Services; White Construction; (-$113,302.67); 16-ENG-55, and 16-ENG-71 97, and 16-ENG-109 Main Street and Gray Road, Main St Multi-Use Pathway, Carey Road and Main St 72 Pathway Extension; CO #10; Board Member Burke moved to approve. Board Member Watson seconded. 73 Request approved 3-0. 74 75 Request for Purchase of Goods and Services; White Construction; (-$53,172.62); 16-ENG-55, and 16-ENG-97, 76 and 16-ENG-109 Main Street and Gray Road, Main St Multi-Use Pathway, Carey Road and Main St Pathway 77 Extension; CO #11; Board Member Burke moved to approve. Board Member Watson seconded. Request 78 approved 3-0. 79 80 REQUEST TO USE CITY STREETS/PROPERTY 81 82 Request to Use Carmel Art Council’s Children’s Art Garden, 40 W Main St.; Carmel Arts Council; April 10th- 83 October 9th, 2021; 3:00 PM - 9:00 PM; Art in the Garden; Board Member Burke moved to approve. Board 84 Member Watson seconded. Request approved 3-0. 85 86 Request to Use Civic Square Gazebo; Meridian Music School; May 14th, 2021; 5:00 PM – 9:00 PM; Cooperative 87 Student Recital; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 88 3-0. 89 90 Request to Use Civic Square Gazebo; Meridian Music School; June 19th, 2021; 12:00 PM – 4:30 PM; Hilary 91 Blake’s Student Recital – Voice and Piano; Board Member Burke moved to approve. Board Member Watson 92 seconded. Request approved 3-0. 93 94 Request to Use Civic Square Gazebo; Carmel Fountain Square Committee; June 2nd - September 22nd, 2021; 3:00 95 PM – 10:00 PM; Summer Concert Series at the Gazebo; Board Member Burke moved to approve. Board Member 96 Watson seconded. Request approved 3-0. 97 98 Request to Use Civic Square Gazebo; Carmel Clay Public Library; May 24th, June 28th, July 26th, August 30th, 99 September 27th, October 25th, 2021; 6:00 PM – 8:00 PM; Family Book Club; Board Member Burke moved to 100 approve. Board Member Watson seconded. Request approved 3-0. 101 Request to Use 3rd Avenue between Carter Green and Veterans Plaza; Carmel Police and Fire Departments; 102 September 11th, 2021; 8:00 AM – 10:00 AM; 20th Anniversary of 9/11; Board Member Burke moved to approve. 103 Board Member Watson seconded. Request approved 3-0. 104 105 Request to Use Civic Square Gazebo; Carmel Clay Public Library; June 10th, July 8th, August 5th, 2021; 9:30 AM-106 11:00 AM; Preschool Dance Party; Board Member Burke moved to approve. Board Member Watson seconded. 107 Request approved 3-0. 108 109 Request to Use Parking Lot; School of Rock – 626 S. Rangeline Rd; March 6th, 2021; 11:00AM – 7:00 PM; Day of 110 Outdoor Concerts; Board Member Burke moved to approve. Board Member Watson seconded. Request 111 approved 3-0. 112 113 OTHER 114 115 Resolution BPW 03-03-21-04; A Resolution Amending the Level of 2021 City Contributions to Employee Health 116 Savings Accounts; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 117 3-0. 118 119 Request for Dedication and Deed of Public Right-of-Way; 6th and Rangeline RAB, Parcel 4 and 4A; Board Member 120 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 121 122 Request for Perpetual Storm Water Management Easement Agreement; Geico Parking Lot; Board Member Burke 123 moved to approve. Board Member Watson seconded. Request approved 3-0. 124 125 Request for Storm Water Waiver Approval; Rolling Hills / 146th and Rolling Hills Drive, Board Member Burke 126 moved to approve. Board Member Watson seconded. Request approved 3-0. 127 128 Request for Storm Water Waiver Approval; Avant II; Board Member Burke moved to approve. Board Member 129 Watson seconded. Request approved 3-0. 130 131 Request for Curb Cut / Driveway Variance; Avenue at Bennet Farm; Reduce the Radii of Entrance Curbs; Board 132 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 133 134 Request for Open Pavement Cut / Lane Restrictions; Carmel Middle School; Board Member Burke moved to 135 approve. Board Member Watson seconded. Request approved 3-0. 136 137 Request for Lane Closure / Open Pavement Cut; 726 and 730 Pawnee Road; Board Member Burke moved to 138 approve. Board Member Watson seconded. Request approved 3-0. 139 140 Request for Open Pavement Cut / Lane Restrictions; 116th Street between Manor Drive and Rolling Springs Drive; 141 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 142 143 Request for Waiver of BPW Resolution Number 04-28-17-01 / Lane Restriction; Various Locations; Aerial Utility 144 Maintenance; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-145 0. 146 147 Request for Waiver of BPW Resolution Number 04-28-17-01 / Lane Restriction; Rangeline and Walnut RAB; Board 148 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 149 150 Request for Waiver of BPW Resolution Number 04-28-17-01 / Lane Restriction; Utility Pole Replacements; Board 151 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 152 153 Request for Replat; VOWC Section 6003-C Part of Block 6; Board Member Burke moved to approve. Board 154 Member Watson seconded. Request approved 3-0. 155 156 Request for Secondary Plat; Monon Crossing of Carmel; Board Member Burke moved to approve. Board Member 157 Watson seconded. Request approved 3-0. 158 159 Request for Secondary Plat; North End Section 1; Board Member Burke moved to approve. Board Member 160 Watson seconded. Request approved 3-0. 161 162 ADD-ONS 163 164 Request for Contribution Contract / Sponsorship Agreement; Allied Solutions; ($150,000.00 per year, three 165 year contract); Event Sponsorship; Board Member Burke moved to add the item on. Board Member Watson 166 seconded. Add-on approved 3-0; Board Member Burke moved to approve request. Board Member Watson seconded. 167 Request approved 3-0. 168 169 ADJOURNMENT 170 171 Mayor Brainard adjourned the meeting at 10:12 a.m. 172 173 174 _____________________________________ 175 Sue Wolfgang – City Clerk 176 177 Approved 178 179 _____________________________________ 180 Mayor James Brainard 181 182 ATTEST: 183 184 __________________________________ 185 Sue Wolfgang – City Clerk 186 CzKpoPcfsmboefsbu23;43qn-Gfc37-3132 Qbhf!2!pg!3 1302:03132 JO2662678 Ofu!41 1403203132 D412:6 216128 Njol-!Cszbo Tbmft!Psefs!$TP2546382 DBSNFM!GEDBSNFM!GE 3!DBSNFM!DJWJD!TRVBSF3!DBSNFM!DJWJD!TRVBSF DBSNFM!JO!57143DBSNFM!JO!57143 Vojufe!TubuftVojufe!Tubuft 312326.39TDPUU!OFX!BW4111IU!5!QPJOU!.!LFWMBS!.!SU91384/693-299/75 CSLU!.!TJ\[F!NFE! 312326.3:TDPUU!OFX!BW4111IU!5!QPJOU!.!LFWMBS!.!SU21384/69384/69 CSLU!.!TJ\[F!MBSHF! 312326.38TDPUU!OFX!BW4111IU!5!QPJOU!.!LFWMBS!.!SU21384/69384/69 CSLU!.!TJ\[F!TNBMM! 312387.22FQJD!4!Sbejp!Ejsfdu!Joufsgbdf!Wpjdf!Bnqmjgjfs-!Pqfo2116:2/676-:26/71 Csbdlfu!Dpogjhvsbujpo! 311188.61SFH!BTZ-!3124-!RE!2112-429/1524-291/51 NC2.211T/N/!Tnjui!Dp/!Cmbdl!Gmffdf!Trvbsf!Nbtl!Cbh!21124/11241/11 FYIJCJU B)2pg3* Qbhf!3!pg!3 1302:03132 JO2662678 32-:72/91 91/11 33-152/91 33-152/91 Bmm!sfuvsot!nvtu!cf!qspdfttfe!xjuijo!41!ebzt!pg!sfdfjqu!boe!sfrvjsf!b!sfuvso!bvuipsj{bujpo!ovncfs!boe!bsf!tvckfdu!up!b!sftupdljoh!gff/ Bmm!qbznfout!nvtu!cf!dmfbsmz!nbslfe!xjui!uif!Dvtupnfs!boe!Jowpjdf!ovncfst/!!Qbznfout!opu!nbslfe!xjmm!cf!bqqmjfe!up!uif!pmeftu jowpjdf!gjstu/ FYIJCJU B)3pg3* Xjsf0!BDI; Spvujoh$;!232111359 D412:6!DBSNFM!GE!)JO* Bddu$;!31111413:5717 Cbol!Obnf;!Xfmmt!Gbshp!Cbol-!O/B/ JO2662678 Xjsf0!BDI!Sfnjuubodf!Bewjdf;!BSANFTGJSF/DPN 33-152/91Qmfbtf!jodmvef!Dvtupnfs$!boe!Jowpjdf$ Qmfbtf!dbmm!vt!gps!jowpjdf!rvftujpot; 2.988.NFT.GJSF!)2.988.748.4584* Nvojdjqbm!Fnfshfodz!Tfswjdft!Efqptjupsz!Bddpvou 86!Sfnjuubodf!Esjwf Tvjuf!4246 Dijdbhp-!JM!71786 JO2662678 CzKpoPcfsmboefsbu9;21bn-Nbs12-3132 Travel Indiana, LLC Department of Community Relations - 2021 Appropriation # 43-593.00; P.O. #104944 Contract Not To Exceed $21,490.00 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. 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. C:\\Users\\mmcvicker\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\G0HGSRH3\\Travel Indiana LLC Goods and Services.doc:2/25/2021 1:17 PM\] 2 Travel Indiana, LLC Department of Community Relations - 2021 Appropriation # 43-593.00; P.O. #104944 Contract Not To Exceed $21,490.00 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. Deleted by agreement of the parties. 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. C:\\Users\\mmcvicker\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\G0HGSRH3\\Travel Indiana LLC Goods and Services.doc:2/25/2021 1:17 PM\] 3 Travel Indiana, LLC Department of Community Relations - 2021 Appropriation # 43-593.00; P.O. #104944 Contract Not To Exceed $21,490.00 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 One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square Carmel, Indiana 46032 If to Vendor: Travel Indiana, LLC PO Box 1472 Columbus, Indiana 47202 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. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. C:\\Users\\mmcvicker\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\G0HGSRH3\\Travel Indiana LLC Goods and Services.doc:2/25/2021 1:17 PM\] 4 Travel Indiana, LLC Department of Community Relations - 2021 Appropriation # 43-593.00; P.O. #104944 Contract Not To Exceed $21,490.00 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. 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. C:\\Users\\mmcvicker\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\G0HGSRH3\\Travel Indiana LLC Goods and Services.doc:2/25/2021 1:17 PM\] 5 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 CzKpoPcfsmboefsbu6;39qn-Nbs16-3132Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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 Harding Asphalt, LLC d/b/a Harding Group, 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 2201 43-502.00 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 Two Million Two Hundred Sixty Four Thousand Nine Hundred Sixty Dollars and Eighty Cents ($2,264,960.80) (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 pursuant to or as part of that certain City of Carmel Street Department Bid Proposal Package for “Project No. 21-01 Mill and Resurface Various City Streets – 2020 Community Crossing Grant” received by the City of Carmel Board of Public Works and Safety on or about March 3, 2021, 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. S:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 1 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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 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. 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:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 2 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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, itshall 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:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 3 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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 Jon Oberlander, One Civic Square Assistant Corporation Counsel Carmel, Indiana 46032 Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Sean Rizer 2916 Kentucky Avenue Indianapolis, IN 46221 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. S:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 4 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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. 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. S:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 5 Harding Asphalt, LLC d/b/a Harding Group Carmel Street Department/Carmel Engineering Department - 2021 Appropriation #2201 43-502.00; P.O. #105031 Contract Not To Exceed $2,264,960.80 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 attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Harding Asphalt, LLC d/b/a Harding Group by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: Sean Rizer Printed Name Mary Ann Burke, Member Chief Financial OfficerDate: Title 61-1895705LoriS. Watson, Member FID/TIN: Date: Last Four of SSN if Sole Proprietor: ATTEST: 03/04/2021Date: Sue Wolfgang, Clerk Date: S:\\joberlander\\Contracts\\Harding Asphalt Goods and Services Engineering Project 21-01.doc:3/4/2021 4:30 PM\] 6 FYIJCJU B)2pg8* FYIJCJU B)3pg8* FYIJCJU B)4pg8* FYIJCJU B)5pg8* FYIJCJU B)6pg8* FYIJCJU B)7pg8* FYIJCJU B)8pg8* EXHIBIT B Invoice Date: NameofCompany: 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 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. EXHIBIT D AFFIDAVIT being first duly sworn, deposes and says thatSeanRizer he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1.Iam over eighteen (18) years of age and am competent to testify to the facts contained herein. 2.I am now and at all times relevant herein have been employed by Harding Asphalt, LLC d/b/a Harding Group the “Employer”) Chief Financial Officerinthepositionof ______________________________________. 3.I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4.The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5.The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. 04March 21EXECUTEDonthe _________day of __________________________, 20___. Sean RizerPrinted:_____________________________ Icertify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Sean RizerPrinted: _____________________________ Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 105031 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 3/3/2021372681 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 54465 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-502.00 1EachResurfacing$2,264,960.80$2,264,960.80 Sub Total 2,264,960.80 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 2,264,960.80PAYMENT 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. 105031 CONTROLLER CzKpoPcfsmboefsbu2;32qn-Gfc37-3132 CzKpoPcfsmboefsbu22;15bn-Nbs12-3132 CzKpoPcfsmboefsbu21;58qn-Nbs18-3132 March 7, 2021 City ofCarmel Jason Eyers Project Supervisor PH: 317-460-6690 Re: 16-ENG-70 Rangeline Rd Streetscape / Proscenium Streetscape Retaining Wall Block Change Order Dear Mr. Eyers, Attached find backup for the cost ofthe retaining wall block. Original specified block was not as good ofamatch with adjacent building. We provided Tuscany block inlieu ofthespecified Bavarian block. Retaining Wall Block Change 1 LS $5722.20 We arerequesting achange order for this block. Thanks inadvance for considering our request. Ifyou need any additional information, please letusknow. Sincerely, Morphey Construction Inc. SteveMilbourne Steven P. Milbourne President p. 1-317-356-9250 m. 1-317-716-6719 1499 NSherman Drive Equal Opportunity Employer Indianapolis, IN 46201-1515 ph: 317.356.9250 fx: 317.35.9253 www.morpheyconstruction.com CzKpoPcfsmboefsbu9;23bn-Nbs12-3132 FYIJCJU B)2pg2* Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 104950 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION ADDITIONAL SERVICES FOR CABLE CHANNEL PRODUCTIONS1/29/202100350965 AND CHANNEL MAINTENANCE OMNI CENTRE FOR PUBLIC MEDIA, INC COMMUNITY RELATIONS VENDORSHIPPOBOX302 1CIVIC SQ TO Carmel, IN 46032- CARMEL, IN 46082--0302 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 53567 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-419.70 Each1ADDITIONAL SERVICES FOR CABLE CHANNEL $31,889.20$31,889.20 PRODUCTIONS AND CHANNEL MAINTENANCE Sub Total 31,889.20 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 31,889.20PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY 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 LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy HeckJon Oberlander TITLEDirectorAssistant Corporation Counsel CONTROL NO. 104950 CONTROLLER Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 105023 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION ADDITIONAL SERVICES FOR CABLE CHANNEL PRODUCTIONS2/25/202100350965 MAINTENANCE OMNI CENTRE FOR PUBLIC MEDIA, INC COMMUNITY RELATIONS VENDORSHIPPOBOX302 1CIVIC SQ TO Carmel, IN 46032- CARMEL, IN 46082--0302 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 54283 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-419.70 Each1ADDITIONAL SERVICES FOR CABLE CHANNEL $25,052.65$25,052.65 PRODUCTIONS & MAINTENANCE Sub Total 25,052.65 Account: 43-515.01 1EachADDITIONAL SERVICES FOR CABLE CHANNEL $21,275.35$21,275.35 PRODUCTIONS & MAINTENANCE Sub Total 21,275.35 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 46,328.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY 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 LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy HeckJames Crider TITLEDirectorDirector of Administration CONTROL NO. 105023 CONTROLLER Approved by CPD, CFD, CRED & Mayor, 3/10/21 COVID protocols in place Retroactive Ratification 1 Dixon, Carol From:Amy C. Ballman <Amy.Ballman@hamiltoncounty.in.gov> Sent:Wednesday, March 3, 2021 12:00 PM To:barry.miller@dannyboybeerworks.com; HealthEventPlan Cc:Dixon, Carol Subject:RE: St Patty's Day Event March 12,13 **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Barry, The plan for the St Patrick’s Day Celebration taking place March 12-13, 2021 at The Brockway Public House has been received and has been found to be in compliance with the current Executive Order 21-06. Please sanitize touchpoints throughout the duration of the event. Compliance with the submitted plan is the responsibility of the event organizer. Please share your plan with your guests to help ensure compliance at the time of the event. Regards, Amy Ballman, CP-FS Sr. Environmental Health Specialist Program Coordinator Hamilton County Health Department 18030 Foundation Dr. Suite A Noblesville, IN 46060 317-776-8500 - Phone 317-776-8506 - Fax From: barry.miller@dannyboybeerworks.com <barry.miller@dannyboybeerworks.com> Sent: Monday, March 1, 2021 3:30 PM To: HealthEventPlan <HealthEventPlan@hamiltoncounty.in.gov> Cc: 'Dixon, Carol' <cdixon@carmel.in.gov> Subject: St Patty's Day Event March 12,13 Amy, Here is my request for our St Patty’s Day event. Since we are still the Yellow phase I am requesting the 50% capacity for just the 12th and 13th, in hopes that we can get to the Blue status this week and have an opportunity to have full capacity on the actual St Patty’s Day. If that happens, I will send a 2nd request indicating the increase in capacity. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. COVID-19 Public Event Health Plan Review Request Brockway Public House St Patrick’s Day Event March 12-13, 2021 1. Capacity limit will be 112 people at a time, throughout the entire 2-day event. * number of guests allowed will be determined based on State standards at the time of event. 2. Signage will be posted in and around the facility, notifying every one of their responsibility for social distancing, washing hands regularly, and remain home if not feeling well. 3. Tables and chairs will be situated inside the tent to allow for proper social distancing, should it be necessary. Multiple entrances and exits are already utilized inside the pub, and the tent will have an entrance and an exit in separate locations to maintain proper flow of people. 4. Staff will continue to screen themselves prior to starting work just as currently mandated. 5. Along with additional portable restrooms, there will be additional hand washing stations properly positioned for easy access. 6. Until further notice staff will be required to wear masks as currently mandated and guests will wear masks when they are not seated inside the bar as well as the tent. 7. We will add a minimum of 6-8 people to staffing to offer additional customer support during the event, including but not limited to monitoring of guests to remain compliant. COVID-19 Public Event Health Plan Review Request Brockway Public House St Patrick’s Day Event March 17, 2021 1. Capacity limit will be 225 people at a time, throughout the entire 1-day event. * number of guests allowed will be determined based on State standards at the time of event. 2. Signage will be posted in and around the facility, notifying every one of their responsibility for social distancing, washing hands regularly, and remain home if not feeling well. 3. Tables and chairs will be situated inside the tent to allow for proper social distancing, should it be necessary. Multiple entrances and exits are already utilized inside the pub, and the tent will have an entrance and an exit in separate locations to maintain proper flow of people. 4. Staff will continue to screen themselves prior to starting work just as currently mandated. 5. Along with additional portable restrooms, there will be additional hand washing stations properly positioned for easy access. 6. Until further notice staff will be required to wear masks as currently mandated and guests will wear masks when they are not seated inside the bar as well as the tent. 7. We will add a minimum of 6-8 people to staffing to offer additional customer support during the event, including but not limited to monitoring of guests to remain compliant. Approved by CPD, CFD, CRED & Mayor, 3/10/21 COVID protocols in place SEE COVID PLANS P.4 1. Signs at the event stating that MASKS and 6ft. social distances are required at all times and. This information will also be included on event flyers. 2. There will be no microphone or shared equipment. 3. Members of the Chapter will monitor for masks and offer free disposable masks to attendees. 4. Hand sanitizer will be available at the welcome table along with disposable masks 5. There will be a short introduction before the playing of "Taps" . This will last less than 10 minutes. Otherwise this is more of an "open house" event with people coming and going. 6. We will mark off 6ft distances on the walk to the Memorial and around the Memorial itself Our Chapter is hosting the Gold Star Family Luminary Night event on September 26, 2021 Social distancing precautionsfor the event will include: CzKpoPcfsmboefsbu21;29qn-Nbs13-3132 FYIJCJU C CzKpoPcfsmboefsbu4;37qn-Nbs1:-3132 CzKpoPcfsmboefsbu4;48qn-Nbs1:-3132 CITY OFCARMEL BOARD OF PUBLIC WORKS & SAFETY James Brainard, Presiding Officer Date: __________ Mary Ann Burke, Member Date: ____________ Lori Watson, Member Date: ____________ ATTEST: Sue Wolfgang, Clerk Date: ____________ STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Jon Oberlander, Esq. Prepared by: Jon Oberlander, Assistant Corporation Counsel, 1 Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, 1 Civic Square, Carmel, IN 46032