HomeMy WebLinkAboutPaperless Packet for BPW 10.20.21Board of Public Works and Safety Meeting
Agenda
Wednesday, October 20th, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the October 6, 2021, Regular Meeting
2. PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS
a. Resolution BPW 10-20-21-02; Copper Run; Erosion Control; Pulte Homes
b. Resolution BPW 10-20-21-03; Woods of Shelborne; Erosion Control; Pulte Homes
c. Resolution BPW 10-20-21-04; Indianapolis Rehab Institute; Right of Way; Meyer
Najam Construction
d. Resolution BPW 10-20-21-05; Camden Walk 2B; Erosion Control; Camden Walk, LLC
3. CONTRACTS
a. Resolution BPW 10-20-21-01; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; Envoy
Construction Services, LLC.; ($1,276,500.00); Agreement for Professional Services;
Police Headquarters Project; James Crider, Director of Administration
b. Request for Purchase of Goods and Services; Cannon Solutions America, Inc;
($6,000.00); Copier Lease; Additional Services Amendment; Jon Oberlander, Interim
Corporation Counsel
c. Request for Purchase of Goods and Services; Fredericks, Inc; ($25,410.00); Roof for
Fire Station #41; Additional Services Amendment #2; Chief David Haboush, Carmel
Fire Department
d. Request for Purchase of Goods and Services; Ellis OD, LLC; ($5,000.00); Professional
Services – Department Organizational Workshops; Nancy Heck, Director of the
Department of Community Relations
e. Request for Purchase of Goods and Services; MEG & Associates, LLC; ($2,500.00);
Media and Public Relations; Additional Services Amendment #3; Nancy Heck, Director
of the Department of Community Relations
4. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use/Close City Streets and Use the Monon and Main Plaza; Art of Wine
Festival; May 21st, 2022; 9:00 AM – 11:00 PM; Sondra Schwieterman
b. Request to Use Veterans Memorial Plaza; CPD Traffic Control for the City of Carmel
Veterans Day Ceremony; November 10th, 2021; 11:00 AM – 2:00 PM; Sondra
Schwieterman
c. Request to Have a Fireworks Display; Celebration for Diwali; November 6th, 2021;
7:00 PM – 9:00 PM; Beth Rock
d. Request to Have a Fireworks Display; Celebration for Diwali; November 6th, 2021;
8:00 PM – 9:00 PM; Pankaj Gupta
e. Request to Acknowledge Mayor’s Approval to Use/Close City Streets; Midtown’s Got
Talent; October 8th, 2021; 3:00 PM – 8:00 PM; Megan McVicker, City of Carmel
f. Request to Use Civic Square Gazebo; Proposal; October 29th, 2021; 1:00 PM – 11:00
PM; Esteban Navarrete
g. Request to Use/Close City Streets; Carmel PorchFest; September 18th, 2022; 9:00 AM
– 7:00 PM; Sondra Schwieterman
h. Request to Use Civic Square Gazebo; Fall Music Recital; October 24th (October 30th
for a Rain Make-up Date), 2021; 12:00 PM – 7:00 PM; Alyona Tellez, Modern
Academy of Music, LLC
i. Request to Use Tarkington Theatre & Veteran’s Plaza; City of Carmel Veterans Day
Ceremony; November 10th, 2021; 11:00 AM – 2:00 PM; Sondra Schwieterman
5. OTHER
a. Request for New Curb Cut; Carmel Total Fitness – 820 City Center Drive; Summit
Construction
b. Request for New Curb Cut; Napleton Auxiliary Parking Lot – 4240 E. 96th Street; Bill
Butz, Kimley-Horn
c. Request for Lane Restriction/Open Cut; 202 Woodland Lane; Jim Gravelie, Gravelie
Excavating
d. Request for Storm Water Technical Standards Waiver; Islamic Life Center Carmel –
7299 E. 146th Street; Timothy Jensen, Veridus Group
e. Request for Consent to Encroach; 30 Shoshone Drive; Virginia Steckley, Homeowner
f. Request for Variance; 30 Shoshone Drive; Virginia Steckley, Homeowner
g. Request for Replat; Carmel Science & Tech Lot 14; Roger Ward Engineering
h. Resolution BPW 10-20-21-06; A Resolution of the City of Carmel, Indiana Board of
Public Works and Safety Regarding the Release of Temporary Highway Easement;
Carmel Dr./ Penn St. Roundabout Project; Jeremy Kashman, City Engineer
i. Request for Release of Temporary Highway Easement; Carmel Dr./ Penn St.
Roundabout Project; Jeremy Kashman, City Engineer
6. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, October 6, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6 7
Board Member Mary Ann Burke called the meeting to order at 10:01 AM 8
9
MEMBERS PRESENT 10
11
Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Jennifer Stites were present. 12
13
MINUTES 14
15
Minutes from the September 15, 2021, Regular Meeting. Board Member Burke moved to approve. Board 16
member Watson seconded. Request approved 2-0. 17
18
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 19
20
Resolution BPW 10-06-21-02; Miller Auto Care; Right of Way; Board Member Burke moved to approve. Board 21
Member Watson seconded. Request approved 2-0. 22
23
Resolution BPW 10-06-21-03; Sunrise on the Monon; Streets, Storm Sewer – Various Phases; Board Member 24
Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 25
26
Resolution BPW 10-06-21-04; Ed Martin Buick; Erosion Control; Board Member Burke moved to approve. 27
Board Member Watson seconded. Request approved 2-0. 28
29
Resolution BPW 10-06-21-05; 111 Congressional Parking Lot; Erosion Control; Board Member Burke moved to 30
approve. Board Member Watson seconded. Request approved 2-0. 31
32
Resolution BPW 10-06-21-06; Lake City Bank; Erosion Control; Board Member Burke moved to approve. Board 33
Member Watson seconded. Request approved 2-0. 34
35
CONTRACTS 36
37
Resolution BPW 10-06-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 38
Acknowledging Agreement Between City and Vendor; CrossRoad Engineers, P.C.; Appropriation of 39
Multipurpose Bond; Board Member Burke moved to approve. Board Member Watson seconded. Request 40
approved 2-0. 41
42
Request for Purchase of Goods and Services; White Construction (-$485,635.54); 16-ENG-22 & 16-ENG-32 - 43
Monon Boulevard – Phase 1; CO #2; Board Member Burke moved to approve. Board Member Watson seconded. 44
Request approved 2-0. 45
46
Request for Purchase of Goods and Services; Reith Riley Construction, Inc.; (-$314,860.75); 16-ENG-05 - 96th 47
Street and Keystone Parkway; CO #18; Board Member Burke moved to approve. Board Member Watson 48
seconded. Request approved 2-0. 49
50
Request for Purchase of Goods and Services; Calumet Civil Contractors; (-$377.16); 18-23 - Auman 51
Neighborhood Drainage; CO #3; Board Member Burke moved to approve. Board Member Watson seconded. 52
Request approved 2-0. 53
54
Request for Purchase of Goods and Services; CHA Consulting, Inc.; ($933,800.00); 20-ENG-04 – College 55
Avenue; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 56
57
Request for Purchase of Goods and Services; Weihe Engineers, Inc.; ($111,900.00); 16- ENG-05 - 106th Street 58
and Westfield Blvd RAB; Board Member Burke moved to approve. Board Member Watson seconded. Request 59
approved 2-0. 60
61
Request for Purchase of Goods and Services; Toshiba Financial Services; ($1,400.00); Printer Lease and 62
Maintenance Agreement; Board Member Burke moved to approve. Board Member Watson seconded. Request 63
approved 2-0. 64
65
Request for Purchase of Goods and Services; TargetSolutions Learning, LLC; ($24,748.84); Vector Check-It; 66
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 67
68
Request for Purchase of Goods and Services; PKS Construction, Inc.; ($27,300.00); Mailroom and HR; Board 69
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 70
71
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($1,200,000.00); 20-ENG-08 – Carmel 72
2020 Road Bond Program Management; Additional Services Amendment; Board Member Burke moved to 73
approve. Board Member Watson seconded. Request approved 2-0. 74
75
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($278,700.00); 19-ENG-06 – 6th Street 76
and Range Line Road RAB Inspection; Additional Services Amendment; Board Member Burke moved to approve. 77
Board Member Watson seconded. Request approved 2-0. 78
79
Request for Purchase of Goods and Services; Windstream Communications, LLC; ($1,342.97 / per month); 80
Internet Service Agreement; Board Member Burke moved to approve. Board Member Watson seconded. Request 81
approved 2-0. 82
83
Request for Purchase of Goods and Services; Pro Air Midwest; ($2,920.00); Air Samples, Filters & Maintenance; 84
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 85
86
Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($8,620.00); 126th Street Over 87
Keystone Ave – Bridge Repair; Additional Services Amendment; Board Member Burke moved to approve. Board 88
Member Watson seconded. Request approved 2-0. 89
90
REQUEST TO USE CITY STREETS/PROPERTY 91
92
Request to Acknowledge Mayor’s Approval to Use Midtown Plaza; Bike Carmel Community Event – Amended 93
Request; September 25th, 2021; 6:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member 94
Watson seconded. Request approved 2-0. 95
96
97
Request to Acknowledge Mayor’s Approval to Use PNC Parking Lot; Carmel International Arts Festival - 98
Addendum; September 25th, 2021 - September 26th, 2021; 7:00 AM – 7:00 PM; Board Member Burke moved to 99
approve. Board Member Watson seconded. Request approved 2-0. 100
101
Request to Acknowledge Mayor’s Approval to Use Midtown Plaza; Colts Party; October 3rd, 2021; 7:00 AM – 102
6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 103
104
Request to Acknowledge Mayor’s Approval to Use PNC Parking Lot; CHS Say it With Spirit, Spiritwear Sales 105
Event; September 24th, 2021; 11:00 AM – 2:00 PM; Board Member Burke moved to approve. Board Member 106
Watson seconded. Request approved 2-0. 107
108
Request to Use / Close City Streets; Clay Terrace Annual Boo ‘N Brew Fall Festival; October 23rd, 2021; 6:00 109
AM – 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 110
2-0. 111
112
Request to Use / Close City Streets / Palladium; Building Limestone Cleaning; October 11th, 2021 – October 113
15th, 2021; 8:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 114
Request approved 2-0. 115
116
Request to Use Council Chambers; Hoosier Daylily Society Meeting; November 18th, 2021; January 27th, 2022; 117
February 24th, 2022; March 24th , 2022; April 28th, 2022; 7:00 PM – 9:00 PM; Board Member Burke moved to 118
approve. Board Member Watson seconded. Request approved 2-0. 119
120
Request to Use Civic Square Gazebo; Perfect Harmony Music Program; October 17th, 2021; 12:00 PM – 4:30 121
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 122
123
Request to Use / Close City Streets / Carter Green / Midtown Plaza; Carmel Holiday Trolleys; Every Friday and 124
Saturday November 26th, 2021 – December 18th, 2021; 9:00 AM – 11:00 PM; Board Member Burke moved to 125
approve. Board Member Watson seconded. Request approved 2-0. 126
127
Request to Use Caucus Room; Preparation of Goodie Bags for Carmel Holiday Events; November 17th, 2021; 128
9:00 AM – 4:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 129
approved 2-0. 130
131
Request to Use Midtown Plaza; Physique 57 Outdoor Community Fitness Class; October 1st, 8th, 15th, and 22nd, 132
2021; 11:00 AM – 2:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 133
approved 2-0. 134
135
Request to Use Indiana Design Center; Santa Saturdays, Santa House; December 11th, 2021 and December 18th, 136
2021; 9:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 137
approved 2-0. 138
139
Request to Use Indiana Design Center Parking Lot; Santa’s Arrival - Carmel Arts and Design District; December 140
4th, 2021; 6:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 141
Request approved 2-0. 142
143
Request to Use Civic Square Gazebo; Summer Concert Series – Reschedule; October 6th, 2021; 3:00 PM – 10:00 144
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 145
146
Request to Use Carter Green; Holiday at Carter Green Tree Lighting; November 20th, 2021; 1:00 PM – 8:00 147
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 148
149
OTHER 150
151
Request for Consent to Encroach; 2623 Rix Ct; Board Member Burke moved to approve. Board Member Watson 152
seconded. Request approved 2-0. 153
154
Request for Consent to Encroach; 1513 Marin Ave; Board Member Burke moved to approve. Board Member 155
Watson seconded. Request approved 2-0. 156
157
Request for Consent to Encroach; 350 Monon Blvd; Board Member Burke moved to approve. Board Member 158
Watson seconded. Request approved 2-0. 159
160
Request for Consent to Encroach; 350 Monon Blvd (2); Board Member Burke moved to approve. Board Member 161
Watson seconded. Request approved 2-0. 162
163
Request for Transmission Relocation Agreement; Phase II – North; Board Member Burke moved to approve. Board 164
Member Watson seconded. Request approved 2-0. 165
166
Request for Amendment to the City of Carmel Employee Health Benefit Plan; Board Member Burke moved to 167
approve. Board Member Watson seconded. Request approved 2-0. 168
169
Request for Waiver of BPW Resolution No. 04-28-17-01; 9862 Lakeshore Drive East; Board Member Burke moved 170
to approve. Board Member Watson seconded. Request approved 2-0. 171
172
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; 4709 W. 96th St; Board Member Burke 173
moved to approve. Board Member Watson seconded. Request approved 2-0. 174
175
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Various Locations; Board Member 176
Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 177
178
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; 1st Street NE & 2nd Street NE; Board 179
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 180
181
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; 11010 Hazel Dell Parkway; Board 182
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 183
184
Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; 106th & Crooked Stick Lane; Board 185
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 186
187
Request for Lane Restrictions / Sidewalk Closure / Open Pavement Cut; Lot 1 Redevelopment; Board Member Burke 188
moved to approve. Board Member Watson seconded. Request approved 2-0. 189
190
Request for Stormwater Technical Standards Waiver; Albany Village – 7299 East 146th St.; Board Member Burke 191
moved to approve. Board Member Watson seconded. Request approved 2-0. 192
193
Request for Grant of Perpetual Storm Water Quality Management Easement; The Signature Board Member Burke 194
moved to approve. Board Member Watson seconded. Request approved 2-0. 195
196
197
198
199
200
ADD-ONS 201
202
Request to reject all bids received for the Carmel Data Center Project. General Contractor bids were severely over-203
budget and several subcontractor bids were unresponsive. Board Member Burke moved to add three add-on items 204
on to the agenda. Board Member Watson seconded. Add-ons approved 2-0; Board Member Burke moved to approve 205
request. Board Member Watson seconded. Request approved 2-0. 206
207
Request for Amendment of Affiliation Agreement; Indiana University Health; Board Member Burke moved to 208
approve request. Board Member Watson seconded. Request approved 2-0. 209
210
Request for Purchase of Goods and Services; Lykins Contracting, LLC; ($943,757.00); 146th Street Water Main 211
Extension Project; Board Member Burke moved to approve request. Board Member Watson seconded. Request 212
approved 2-0. 213
214
ADJOURNMENT 215
216
Board Member Burke adjourned the meeting at 10:06 a.m. 217
218
219
220
APPROVED: ____________________________________ 221
Sue Wolfgang – City Clerk 222
223
_____________________________________ 224
Mayor James Brainard 225
ATTEST: 226
227
__________________________________ 228
Sue Wolfgang – City Clerk 229
CzTfshfzHsfdivlijobu22;38bn-Pdu22-3132
Exhibit A
Page 1 of 2
CzTfshfzHsfdivlijobu22;37bn-Pdu22-3132
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Ellis OD, LLC
Community Relations Department - 2021
Appropriation # 1203 101 43-570.04; P.O. #105577
Contract Not To Exceed $5,000.00
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 a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein;
c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s
provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Community Relations\\2021\\Ellis OD, LLC Goods and Services.doc:10/6/2021 3:32 PM\]
2
Ellis OD, LLC
Community Relations Department - 2021
Appropriation # 1203 101 43-570.04; P.O. #105577
Contract Not To Exceed $5,000.00
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. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Community Relations\\2021\\Ellis OD, LLC Goods and Services.doc:10/6/2021 3:32 PM\]
3
Ellis OD, LLC
Community Relations Department - 2021
Appropriation # 1203 101 43-570.04; P.O. #105577
Contract Not To Exceed $5,000.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Community Relations Department Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Ellis OD, LLC
3759 E Carmel Drive
Carmel, Indiana 46033
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Prof.Svcs & Goods Svcs\\Community Relations\\2021\\Ellis OD, LLC Goods and Services.doc:10/6/2021 3:32 PM\]
4
Ellis OD, LLC
Community Relations Department - 2021
Appropriation # 1203 101 43-570.04; P.O. #105577
Contract Not To Exceed $5,000.00
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’s authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. 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.
26.2 The Vendor certifies that it has 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:\\Contracts\\Prof.Svcs & Goods Svcs\\Community Relations\\2021\\Ellis OD, LLC Goods and Services.doc:10/6/2021 3:32 PM\]
5
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gbnjmz.pxofe-!qvcmjdmz!usbefe-!boe!Gpsuvof!611!pshboj{bujpot/!Tif!ibt!xpslfe!jo!b!
wbsjfuz!pg!joevtusjft!tvdi!bt!nbovgbduvsjoh-!gjobodjbm-!Bh-!dpotusvdujpo-!fofshz!boe!
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EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
10/1/2021
ELLIS OD LLC
CARMEL, IN 46033 -
105577
3759 E CARMEL DRIVE
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
PROFESSIONAL SERVICES - DEPARTMENT ORGANIZATIONAL
WORKSHOPS
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
376055
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
59821
1203Department:101Fund:General Fund
43-570.04Account:
PROFESSIONAL SERVICES - DEPARTMENT
ORGANIZATIONAL WORKSHOPS
1 $5,000.00 $5,000.00Each
5,000.00SubTotal
5,000.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 105577
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck
Director
CzTfshfzHsfdivlijobu22;36bn-Pdu22-3132
EXHIBIT A
MEG &Associates
SCOPE OF SERVICES & RATE SCHEDULE FOR PROFESSIONAL SERVCES FOR MEDIA AND
PUBLIC RELATIONS SERVICES
Rate Schedule for 2021 - $2500 (paid by City of Carmel Community Relations & Economic Development
CRED) Department)
Media Television and Radio promotions for Holidays in Carmel September 2021 – January 2021.
Scope of Services:
1. MEG & Associates would use its media connections to enhance opportunities with earned media for Holidays
inCarmel activities.
2. We would also help brainstorm and create other ideas for positive, special interest stories that may come from
vendors and other activities.
3. We would spend time researching the story and then tailoring individual media pitches to TV and radio
personnel.
4. We will use our personal contacts to develop strong relationships that will result in more positive coverage of
Holidays in Carmel.
5. We will set up interviews and fill out requested information, create the itinerary for each interview.
6. We will be present atinterviews – either downtown studios or on site of the events.
7. We will prepare interviewees on questions to anticipate and interview etiquette overall, as needed.
8. We will brainstorm with City CRED staff on visual opportunities to promote.
9. We will help maintain and distribute video links that can be shared on social media by City CRED staff.
10. We will prepare and submit arecap of each interview.
11. We will be on call as needed by CRED staff.
9875 Lakewood Drive East, Indianapolis, IN46280 / 317.590.7522 / Meg@MegPromo.com
Expenses consist of:
A. Printing materials or costs
B. Postage
C. Flyers, brochures, any promotional materials
D. Operational expenses or computer expenses (internet)
E. Any other miscellaneous expenses
August 5, 2021
MEG and Associates Date
Date
9875 Lakewood Drive East, Indianapolis, IN46280 / 317.590.7522 / Meg@MegPromo.com
9/30/2021
MEG & ASSOCIATES LLC
INDIANAPOLIS, IN 46280 -
105572
9875 LAKEWOOD DR EAST
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
ADDITIONAL SERVICES - MEDIA AND PUBLIC RELATIONS
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
365626
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
59774
1203Department:101Fund:General Fund
43-404.01Account:
ADDITIONAL SERVICES - MEDIA AND PUBLICRELATIONS1 $2,500.00 $2,500.00Each
2,500.00SubTotal
2,500.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 105572
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck
Director
/MAYOR 10-13-21
SUTTON 10-5-21BICKEL 10-5-21
NA
fee for wine tasting only
No fee to attend event
CLERK 10-13-21
BPW 10-20-21
REVIEWED & APPROVED VIA EMAIL CRED/MAYOR 10-13-21
CFD SUTTON 10-6-21
CPD BICKEL 10-6-21
held at personal residence
REVIEWED & APPROVAL VIA EMAIL BICKEL 10-5
SUTTON 10-5
10-13-21
FIREWORKS INCLUDED IN EVENT AT HOME
CLERK 10-13-21
BPW 10-20-21
REVIEWED & APPROVED VIA EMAIL CRED/MAYOR 10-13-21
CFD HARRINGTON 9-22-21
CPD BICKEL 9-22-21
CLERK 10-13-21
BPW 10-20-21
REVIEWED & APPROVED VIA EMAIL CRED/MAYOR 10-13-21
CFD SUTTON 10-7-21
CPD BICKEL 10-7-21
--------------- 10-29-21
----------------- 1:00 PM
10-13-21
10-20-21
/MAYOR 10-13-21
SUTTON 10-5-21
BICKEL 10-5-21
NA
REVIEWED & APPROVED VIA EMAIL BICKEL 10-5-21
SUTTON 10-5-21
10-13-21
RAINDATE 10-30-21 RAINDATE 10-30-21
REVIEWED & APPROVED VIA EMAIL SUTTON 10-5-21
BICKEL 10-5-21
10-13-21
Clerk 10-13
BPW 10-20
Reviewed & approved via email
CRED/MAYOR 10-13-21
CFD SUTTON 10-7-21
CPD BICKEL 10-7-21
C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XM2EQ3MA\BPW 10-20-21-xx Release of Temporary Highway Easement Resolution.docx10/14/2021 1
RESOLUTION NO. BPW 10-20-21-06
A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND
SAFETY REGARDING THE RELEASE OF TEMPORARY HIGHWAY EASEMENT
WHEREAS, in 2019, the City of Carmel, Indiana (the “City”) acquired a Temporary Highway
Easement (the “Easement”) from KRG Hamilton Crossing, LLC (the “Grantor”) for the purpose of sidewalk
construction across the Grantor’s real property as part of the construction of the highway facility known as
Carmel Dr./ Penn St. Roundabout and as Project 1600885 (the “Project”), such easement and real property
being more specifically described in Exhibit 1, which is attached hereto and incorporated herein by
reference; and
WHEREAS, pursuant to the Easement’s terms, it shall be extinguished, become void and revert to
the Grantor upon completion of the Project; and the City shall extinguish the Easement by a recorded release
document; and
WHEREAS, it has been determined that the Easement is no longer necessary for any City purpose
as the Project has been completed, and the City is willing to release the Easement.
NOW, THEREFORE BE IT RESOLVED, that the City of Carmel Board of Public Works and
Safety hereby makes the following findings:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City has determined that the Easement is no longer needed for any City purpose.
3. The City shall execute and record in the Office of Hamilton County Recorder the attached
Release of Temporary Highway Easement.
SO RESOLVED.
Approved and adopted this ________ day of __________________, 2021.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
__________________________________
James Brainard, Presiding Officer
Date: _____________________________
__________________________________
Mary Ann Burke, Member
Date: _____________________________
__________________________________
Lori S. Watson, Member
Date: _____________________________
C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XM2EQ3MA\BPW 10-20-21-xx Release of Temporary Highway Easement Resolution.docx10/14/2021 2
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Date:______________________________
Exhibit 1
CROSS REFERENCE:
Temporary Highway Easement Grant
Recorded Inst. No. 2019017866
in the office of the Recorder of Hamilton County, Indiana.
Parcel Tax ID No. 29-09-26-000-016.002-018
RELEASE OF TEMPORARY HIGHWAY EASEMENT
THIS RELEASE OF TEMPORARY HIGHWAY EASEMENT is executed the day and year
written below, by THE CITY OF CARMEL, INDIANA (the “City”), by and through its Board of Public
Works and Safety.
1. The City is the owner of the Temporary Highway Easement (the “Easement”) granted to
the City by KRG Hamilton Crossing, LLC (the “Grantor”) for the purpose of sidewalk construction across
the real property referenced above (the “Project”), said Easement and the real property are more
particularly described in Exhibit 1, attached hereto and incorporated herein by this reference.
2. The Easement was recorded as Instrument No. 2019017866 in the Office of the Recorder
of Hamilton County, Indiana.
3. Pursuant to the Easement’s terms, it shall be extinguished, become void and revert to the
Grantor upon completion of the Project. Further, the City shall extinguish the Easement by a recorded
release document.
4. Pursuant to Resolution No. BPW 10-20-21-06, the City has determined that the Easement
is no longer necessary for any City purpose as the Project has been completed. The City hereby releases
all rights the City has to and under the Easement. Notwithstanding the foregoing, the City’s release of the
Easement is not, and will not be, construed to be the consent or release by any other party, who may have
or claim to have rights under the Easement.
Executed this ___ day of October, 2021.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang,
Date:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of the
City of Carmel Board of Public Works and Safety, who acknowledged the execution of the foregoing
“Release of Ingress and Egress Easement” on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2021.
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence:
This instrument was prepared by Sergey G. Grechukhin, Assistant Corporation Counsel, One Civic
Square, Carmel, Indiana 46032.
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.
Exhibit 1