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HomeMy WebLinkAboutPaperless Packet for BPW 02.16.22Board of Public Works and Safety Meeting Agenda Wednesday, February 16th, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 2nd, 2022, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Opening for 3rd Avenue SW Reconstruction from Autumn Drive to 2nd Street SW (Project # 20-ENG-03); Jeremy Kashman, Director of the Department of Engineering b. Bid Opening for Smoky Row Road from Old Meridian Road to Rangeline Road (Project # 20-ENG-01); Jeremy Kashman, Director of the Department of Engineering c. Bid Award for Project #20-ENG-02; Department of Engineering 3. CONTRACTS a. Request for Purchase of Goods and Services; 3D Company, Inc.; ($3,660,000.00); 20- ENG-02 – 106th Street and College Avenue Roundabout – Construction; 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering b. Request for Purchase of Goods and Services; White Construction; (-$37,551.92); Project# 16-SW-85 -Westfield Boulevard over Carmel Creek Bridge Replacement; CO #2; Jeremy Kashman, Director of the Department of Engineering c. Request for Purchase of Goods and Services; Calumet Civil Contractors; ($14,314.89Project# 18-23 – Auman Neighborhood Drainage Improvements; CO #4; Jeremy Kashman, Director of the Department of Engineering d. Resolution BPW 10-06-21-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Envoy Construction Services, LLC; GMP Report Due Date Change; Additional Services Amendment #1; James Crider, Director of Administration e. Request for Purchase of Goods and Services; Blue Grass Farms, Inc.; ($55,000.00); Tree Order for 2022; Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services f. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($36,371.50); New Vehicle 5 Year Lease – 2021 Chevy Silverado; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems g. Request for Purchase of Goods and Services; Lykins Contracting, LLC; ($19,000.00); 106th Street Water Main Replacement; Addendum to Agreement; John Duffy, Director of the Department of Utilities h. Request for Purchase of Goods and Services; Mid-State Truck Equipment, Inc.; ($8,874.80); Plow Package; Timothy Renick, Director of Information and Communication Systems i. Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($4,150.00); 20-ENG-01 – Buying Services; 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering 4. OTHER a. Request for Acknowledgement of Conflict of Interest; Kurt Weddington, Carmel Fire Department b. Resolution BPW 02-16-22-02; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts Grant; ($142,000.00); The Great American Songbook Foundation; Mayor James Brainard c. Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 102nd & Broadway Avenue; TPI d. Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 111th & Spring Mill Road; AES, Inc. e. Request for Road Closure / Open Pavement Cut; 473 3rd Avenue SW; Fredericks, Inc. f. Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 11312 Hazel Dell Parkway; AES, Inc. g. Request for New Curb Cut; 12826 Norfolk Circle; Robert Bush h. Request for Grant of Perpetual Storm Water Quality Management Easement; 4518 W. 99th Street; Artistic Composite Pallets; Nathan Horgan i. Request for Consent to Encroach and Variance; 12072 Sigillary Way; Terry and Linda Thompson 5. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 2nd, 2022 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 7 Mayor Brainard called the meeting to order at 10:04 AM. 8 9 MEMBERS PRESENT 10 11 Mayor James Brainard and Board Member Mary Ann Burke were present via Microsoft Teams. Board Member 12 Lori Watson and Deputy Clerk Holly Harmeyer were present in Council Chambers 13 14 MINUTES 15 16 Minutes from the January 19th, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 17 Watson seconded. Request approved 3-0. 18 19 BID/QUOTE OPENINGS AND AWARDS 20 21 Bid Opening for 106th Street and College Avenue Roundabout (Project # 20-ENG-02); Lori Watson opened the 22 bids and read them aloud: 23 24 Contractor Bid 25 3D Company $3,660,000.00 26 Morphey Construction $5,331,500.00 27 OLCO, Inc. $5,865,033.99 28 Rieth-Riley $3,943,162.24 29 White Construction $3,972,000.00 30 31 Per the Mayor’s direction, Engineering will review the bids for possible award recommendation at the next 32 meeting. 33 34 PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 35 36 Resolution BPW 02-02-22-04; Hamilton Crossing Demo; Erosion Control; Board Member Burke moved to 37 approve. Board Member Watson seconded. Request approved 3-0. 38 39 CONTRACTS 40 41 Request for Purchase of Goods and Services; White Construction, LLC; ($0); 16-SW-85 Westfield Boulevard 42 Over Carmel Creek Bridge Replacement – Substantial and Final Completion Date Changes; CO #1; Board 43 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 44 45 Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($17,635.85); 16-ENG-70 Rangeline 46 Road Streetscape / Proscenium Streetscape; CO #5; Board Member Burke moved to approve. Board Member 47 Watson seconded. Request approved 3-0. 48 49 Request for Purchase of Goods and Services; CIM Audio Visual, Inc. dba CCS Presentation Systems; 50 ($56,288.00); City AV Maintenance; Additional Services Amendment; Board Member Burke moved to approve. 51 Board Member Watson seconded. Request approved 3-0. 52 53 Request for Purchase of Goods and Services; CIM Audio Visual, Inc.; ($22,134.00); MS Teams End Point / 54 Conference System; Additional Services Amendment; Board Member Burke moved to approve. Board Member 55 Watson seconded. Request approved 3-0. 56 57 Request for Purchase of Goods and Services; Cultivate Geospatial Solutions, LLC; ($8,100.00); Discovery 58 Analysis and ArcGIS Ent Upgrade; Board Member Burke moved to approve. Board Member Watson seconded. 59 Request approved 3-0. 60 61 Request for Purchase of Goods and Services; Hoosier Fire Equipment, Inc.; ($48,122.00); Cutters and 62 Spreaders; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 63 seconded. Request approved 3-0. 64 65 Request for Purchase of Goods and Services; Midwest Garage Door Systems, Inc.; ($11,400.00); 2021 IT Data 66 Center Bond – Garage Doors; Board Member Burke moved to approve. Board Member Watson seconded. 67 Request approved 3-0. 68 69 Request for Purchase of Goods and Services; Reeldx, Inc.; ($1,875.00); Subscription, Licenses; Board Member 70 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 71 72 Resolution BPW 02-02-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 73 Acknowledging Utility Reimbursement Agreement Between City and Vendor; Duke Energy Indiana, LLC; 74 ($172,489.69); WP PURCPA – 116th Street & Rangeline Road; Board Member Burke moved to approve. Board 75 Member Watson seconded. Request approved 3-0. 76 77 Resolution BPW 02-02-22-02; A Resolution of the City of Carmel Board of Public Works and Safety 78 Acknowledging Utility Reimbursement Agreement Between City and Vendor; Duke Energy Indiana, LLC; 79 ($54,400.56); 116th Street and Rangeline Road – Circuit, Tie In on Woodland Lane; Board Member Burke moved 80 to approve. Board Member Watson seconded. Request approved 3-0. 81 82 Resolution BPW 02-02-22-03; A Resolution of the City of Carmel Board of Public Works and Safety 83 Acknowledging Agreement Between City and Vendor; Traynor & Associates, Inc.; ($5,400.00); 20-ENG-01 2020 84 Road Bond - R/W Services - Smoky Row Road; Board Member Burke moved to approve. Board Member Watson 85 seconded. Request approved 3-0. 86 87 Request for Purchase of Goods and Services; Telamon Enterprise Ventures, LLC; ($103,360.00); Solar 88 Engineering Services; Board Member Burke moved to approve. Board Member Watson seconded. Request 89 approved 3-0. 90 91 Request for Purchase of Goods and Services; Williams Boot & Glove Dryers, Inc. dba Williams Direct Dryers; 92 ($13,996.97); Turn Out Gear Dryers; Board Member Burke moved to approve. Board Member Watson seconded. 93 Request approved 3-0. 94 95 Request for Purchase of Goods and Services; Insight Public Sector, Inc; ($78,424.92); Network Lease and 96 Equipment; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 97 seconded. Request approved 3-0. 98 99 100 REQUEST TO USE CITY STREETS/PROPERTY 101 102 Request to Use Civic Square Gazebo; Graduation Celebration; June 5th, 2022; 12:00 PM – 6:00 PM; Board 103 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 104 105 Request to Use Civic Square Gazebo; Spring Woodwind Studio Recital; May 22nd, 2022; 4:00 PM – 6:15 PM; 106 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 107 108 Request to Use Council Chambers; National Day of Prayer; May 5th, 2022; 11:00 AM – 2:00 PM; Board 109 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 110 111 Request for Lane Restrictions; St. Patrick’s Day Celebration; March 17th, 2022 at 8:00 AM – March 20th, 112 2022 at 8:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 113 approved 3-0. 114 115 OTHER 116 117 Move to Acknowledge of Conflict of Interest for Michael Brisco by Board Member Burke. Board Member Watson 118 seconded. Request of Acknowledgment approved 3-0. 119 120 Move to Acknowledge of Conflict of Interest for Nancy Heck by Board Member Burke. Board Member Watson 121 seconded. Request of Acknowledgment approved 3-0. 122 123 Request for Consent to Encroach; 3196 Driftwood Court; Board Member Burke moved to approve. Board 124 Member Watson seconded. Request approved 3-0. 125 126 Request for Grant of Easement Agreement; Village Capital Corporation for Water Tower Improvement & 127 Upgrade; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 128 129 Request for Variance; 3196 Driftwood Court; Board Member Burke moved to approve. Board Member Watson 130 seconded. Request approved 3-0. 131 132 Request for 2 Restricted Parking Spaces; 879 3rd Avenue SW; Board Member Burke moved to approve. Board 133 Member Watson seconded. Request approved 3-0. 134 135 Request for Curb Cut and Curb Cut Vacation; 526 1st Avenue SE; Paul Owen, Wedgewood Builders 136 Request for Road Closure / Sidewalk Closure / Open Pavement Cut; Main Street Between Guilford and Old 137 Meridian; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 138 139 Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; 106th Street Between Springmill 140 Road and Illinois Street; AES Inc.; Board Member Burke moved to approve. Board Member Watson seconded. 141 Request approved 3-0. 142 143 ADD-ONS 144 145 Request for Dedication and Deed of Public Right of Way between the Carmel Redevelopment Commission and 146 the City; 1st on Main Project; Along 1st Street and 1st Avenue; Board Member Burke moved to add-on the item to 147 the agenda. Board Member Watson seconded. Request for Add-on approved 3-0; Board Member Burke moved to 148 approve request. Board Member Watson seconded. Request approved 3-0. 149 150 151 ADJOURNMENT 152 153 Mayor Brainard adjourned the meeting at 10:15 a.m. 154 155 156 APPROVED: ____________________________________ 157 Sue Wolfgang – City Clerk 158 159 _____________________________________ 160 Mayor James Brainard 161 ATTEST: 162 163 __________________________________ 164 Sue Wolfgang – City Clerk 165 CzTfshfzHsfdivlijobu:;41bn-Gfc1:-3133 City of Carmel Project 16-SW-85 Westfield Boulevard over Carmel Creek Bridge Replacement CHANGE ORDER #2 Balancing change order. Contract Price prior to this Change Order $1,020,000.00 --------------------------------------------------------------------------------------------------------------- Contract Price will be changed by this Change Order ($37,551.92) New Contract Price including this Change Order $982,448.08 Amount Adjusted Contract Cumulative % Change Price from Original Contract Original Contract $1,020,000.00 N/A N/A COl $0.00 $1,020,000.00 0.0% CO2 ($37,551.92) $982,448.08 (3.7%) TO: Jeremy Kashman City Engineer City of Carmel Indiana One Civic Square Carmel, IN 46032 CITY OF CARMEL CONTRACT CHANGE ORDER NO.: 2 DATE: February 4, 2022 PROJECT NAME: Westfield Blvd over Carmel Creek CITY REQ. NO.: CITY PO NO.: 16-SW-85 CITY PO DATE: I.You are directed to make the following changes in this Contract: Balancing change order. SCHEDULED ADJUSTMENT ITEM AMOUNT [+)OR(-}DAYS II.The following referenced Documents further describe the changes outlined in Paragraph I, and are lo be considered a part of this Change Order: R.F.P.: N/A W.D.C. NO.: NIA The changes result in the following adjustment of Contract Price and Contrnct Time: Contract Price prior to this Change Order $ 1,020,000.00 Contract Pdce will be lowered by this Clrnnge Order $ (37,551.92) New Cont.met Price including this Change Order $ 982,448.08 Con tract Time prior to this Change Order ____ Days 8/21/2021 Substantial Completion Date Contract Time prior to this Change Order 9/11/2021 Final Completion Date Net increased/decreased resulting from this Change Order _____ Days Cmrent Contract Time including this Change Order Days Substantial Completion Date Current Contract Time including this Change Order __, ____ Final Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are Recommended American Strngturepoi11(, Ing.111.NGJNEER 9025 River Road, Suite 200Ad,lross Indiunapulis., IN 46240 Cily/Sl,itc,/Zip Phone: 317 •281-9563 Date: 02,04-2022 The Above Changes Are Accepted While Construction LLC CONTRACTOR 3900 East White Ave.Address Clinton, IN 47842 City/Stale/'l,ip Phone Date: l /� [1,02J-,I I Approved James Brainard, Mayor Mary Ann Burke, Member Lori Watson, Member AlTEST: Sue Wolfgang, Clerk Date: _______ _ CzTfshfzHsfdivlijobu:;41bn-Gfc13-3133 10/5/2020 CALUMET CIVIL CONTRACTORS WHITESTOWN, IN 46075 - 104332 4898 FIELDSTONE 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 18-23 Auman Neighborhood Drainage Improvements - Construction City Engineering's Office 1 Civic Square Carmel, IN 46032- 034249 UNIT PRICEDESCRIPTIONUNIT OF MEASUREQUANTITY Page 1 of 1 Laurie Slick 50335 2200Department:206Fund:CUM Cap Sewer Fund 43-509.00Account: Auman and Newark Neighborhood Improvements1 $7,593.00 $7,593.00Each $7,593.00Sub Total 2200Department:250Fund:Storm Water 43-509.00Account: Auman and Newark Neighborhood Improvements1 $825,536.00 $825,536.00Each $825,536.00Sub Total $833,129.00 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. 104332 ORDERED BY TITLE CONTROLLER City Engineering's Office 1 Civic Square Laurie Slick Carmel, IN 46032- Jeremy Kashman James Crider Director Director of Administration DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89 RESOLUTION NO. BPW 02-16-22-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement FirstAmendment toAgreement for Services - Envoy Construction Services, LLC.docx1/31/20223:20PM 16th February CzTfshfzHsfdivlijobu:;41bn-Gfc13-3133 CzTfshfzHsfdivlijobu22;2:bn-Kbo42-3133 Vehicle Description:2021 Chevrolet Silverado 2500HD Crew Cab L/B 4X4 Federal Specification Number Item 52 2WD / Item 57 4X4 Silverado 2500HD 10,000 Lb. Minimum GVW Model CK20943 4X4 Standard Package/Equipment Group **** 1LT **** Description Mfg. Option Code Option Description Diesel Engine B-20 Compatable L5P 6.6L Duramax Turbo V-8 engine 445 HP 910 Lb - Ft of Torque Positive Traction Rear Axle G80 Locking rear differential Keys Two ( 2 ) additional with originals for a total of Four ( 4 ) keys 5H1 Four ( 4 ) keys total NOT AVAILABLE W/ALL-STAR pkg. Remote keyless entry AQQ Remote keyless entry Power windows - locks - tilt steering & cruise control ZLQ W/T Fleet convenience package Trailering package Z82 Receiver Hitch 120 volt outlet KI4 120 volt outlet Back-up camera UVC Back-up Camera Trailer towing mirrors DBG Pwr adjustable w/htd. flat glass, lower convex w/integrated turn signals Factory Spray-on Bedliner CGN Spray-on Bedliner Total Cost for Indianapolis Specified Vehicle CK20943 4X4 $ 42,495.00 Additional Options Available Description Option Code Additonal Cost 6.6L V-8 Gasoline Engine 401 HP 464 Lb. - Ft. of torque L8T $ 8,400.00 CREDIT Work Truck Trim Level -- DOWNGRADE CK20943 1WT $ 1,800.00 CREDIT Crew Cab "Standard" Bed ( 6 1/2 ft. ) -- DOWNGRADE CK20743 $ 180.00 CREDIT Bed DELETE Also deletes rear bumper, extra keys, spare tire & carrier ZW9 $ 950.00 CREDIT 17" All-Terrain tires QXT $ 180.00 18" Machined Aluminum wheels PYV $ 270.00 18" LT245/75R18E All-Terrain tires QF6 $ 180.00 Cloth seat trim H0U NO Charge Power Driver's seat Requires cloth seating surfaces ( H0U )A2X $ 261.00 Remote Start Package 1LT Trim Level B59 $ 475.00 Skid Plate NZZ $ 135.00 Deluxe Trailering mirrors DWI $ 648.00 Rear window defogger C49 $ 202.50 Audible rear park assist Requires Chrome bumpers UD7 $ 265.50 Upfitter switches Five ( 5 ) total; 3 - 30 Amp; 2 - 20 Amp 9L7 $ 135.00 Smoked Amber roof marker lamps U01 $ 49.50 LED Bed Lighting UF2 $ 112.50 Auxiliary battery K4B $ 120.00 Molded Splash Guards VQK $ 162.00 Black Work Step VQO $ 373.50 Chrome bumpers - Front & rear Requires W/T Trim Level V46 & VJH $ 190.00 Carpeting w/ rubberized floor mats Requires W/T Trim Level B30 $ 90.00 Rubberized Floor Liners Requires Carpet RIA $ 190.00 Deep tint glass Requires W/T Trim Level AKO $ 90.00 17" Aluminum wheels Requires W/T Trim Level PYQ $ 315.00 Z71 Off-Road Package Requires 4X4 Z71 $ 472.50 Snow Plow Prep package Requires 4X4 VYU $ 270.00 Active Transfer Case "AutoTrac" Requires 4X4 NQH $ 180.00 Dealer Installed Remote Start Requires W/T Trim Level DI - RS $ 375.00 Total of Options & CREDITS: $ 5,883.50 Sub-Total: $ 36,611.50 Rustproofing / Undercoating -- DELETE RP/UC $ 150.00 Back-up alarm -- DELETE 8S3 $ 90.00 Spray-on Bedliner -- DELETE CGN $ 430.00 Silver Ice Total of DELETIONS: $ 240.00 Stock #: M1257 GM Order #: ZHKVX9 Total Vehicle Cost: $ 36,371.50 Dealer Name Contact Names Phone Numbers Contact Emails Dealer Address City of Indianapolis/Marion County 2021 RFB-11EAL-0110 for Policical Subdivisions located "OUTSIDE" of Marion County 5220 Value Drive Fort Wayne, IN 46808 Direct; 260-496-6491 Cell; 260-437-9218 / Direct: 260-496-6481 Cell: 260-437-3651 mwright@kelleyauto.com / creichard@kelleyauto.com Indianapolis/Marion County Specifications INCLUDED IN VEHICLE PRICING Kelley Chevy, LLC Mark T. Wright / Corey Reichard Options Available for Deletion from Indianapolis Specifications Exhibit A City ®f INDIANA RETAIL TAX EXEMPT CERTIFICATE NO.003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 106229 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, 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 1/24/2022 370298 New vehicle lease KELLEY CHEVY LLC ICS VENDOR 5220 VALUE DR SHIP 31 1st Ave N.W. TO Carmel, IN 46032- FORT WAYNE, IN 46808 - Timothy Renick (317) 571-2576 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 62986 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1115 Fund: 0 Account: 44-650.01 1 Each Capital Lease Fund 2021 ChevySilverado Crew cab 4x4 36,371.50 $36,371.50 Sub Total $36,371.50 Send Invoice To: ICS Timothy Renick 31 1st Ave N.W. Carmel, IN 46032- a,J 317) 571-2576 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $36,371.50 SHIPPING INSTRUCTIONS 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 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 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Timothy Renick James Crider TITLE Director Director of Administration CONTROL NO. 106229 CONTROLLER CzTfshfzHsfdivlijobu:;38bn-Gfc1:-3133 Lykins Contracting, LLC Utilities Department – 2022 Water Availability Fund, Account #06-1052-34 CzTfshfzHsfdivlijobu4;59qn-Gfc18-3133 Kbovbsz2:ui 33 Kbovbsz!2:-!3133!)xijdi!jt!uif!Fggfdujwf!Ebuf!pg!uif!Bhsffnfou*/ 1/27/2022 CzTfshfzHsfdivlijobu:;41bn-Gfc13-3133 CzTfshfzHsfdivlijobu22;44bn-Gfc19-3133 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2200 2020 Road Bond 44-628.71 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Four Thousand One Hundred Fifty Dollars ($4,150.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 2 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2022, 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. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 3 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 4 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for 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 terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 6 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Department of Engineering Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 7 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 PROFESSIONAL: Specialized Land Services, Inc. 630 N Rangeline Rd, Suite C Carmel, Indiana 46032 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 8 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings 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. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 9 Specialized Land Services, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O. #106254 Contract Not To Exceed $4,150.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional 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 Professional. 7.26.2 The Professional 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 Professional 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. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\ENG\\2022\\Specialized Land Services, Inc. Professional Services.doc:2/8/2022 11:24 AM\] 10 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 February 1, 2022 ongoing Board of Public Works City of Carmel Mary Ann Burke, Member BPW Lori Watson, Member BPW James Brainard, Mayor RESOLUTION NO. BPW 02-16-22-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING ARTS GRANT PROGRAM AGREEMENT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Arts Grant attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge ArtsGrantTheGreat American Songbook Foundation.docx2/7/20229:49AM 16th February