HomeMy WebLinkAboutPaperless Packet for BPW 01.04.23Board of Public Works and Safety Meeting
Agenda
Wednesday, January 4, 2023 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1.MINUTES
a.Minutes from the December 21, 2022, Regular Meeting
2.BID/QUOTE OPENINGS AND AWARDS
a.Bid Award for Carmel Utilities - Water System Improvements; John Duffy, Director of
the Department of Utilities
3.PERFORMANCE BOND RELEASE /REDUCTION APPROVAL REQUESTS
a.Request for Performance Bond Amount Reduction; Courtyards of Carmel; Aloft and
Elements Hotel Project; Eaton Excavating
b.Resolution BPW 01-04-23-02; Gray Oaks; Erosion Control; Old Town Group
4.CONTRACTS
a.Request for Purchase of Goods and Services; American Structurepoint, Inc.;
($100,500.00); 22-05 - Comprehensive Safety Action Plan (CSAP); Additional Services
Amendment #1; Jeremy Kashman, City Engineer
b.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($50,000.00);
22-04 – On-Call Plan Review 2023; Additional Services Amendment #5; Jeremy
Kashman, City Engineer
c.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($50,000.00);
22-06 – On-Call Engineering & Inspection 2023; Additional Services Amendment #6;
Jeremy Kashman, City Engineer
d.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($167,100.00); 18-ENG-07 – Carmel Monon Trail & Greenway - Supplemental
Construction Inspection; Additional Services Amendment #18a; Jeremy Kashman, City
Engineer
e.Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($225,300.00); 21-05 – City Center & Veterans Way Roundabout - Construction
Inspection; Additional Services Amendment #22a; Jeremy Kashman, City Engineer
f.Resolution BPW 01-04-23-01; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; EnVeritas
Group, Inc.; ($3,250.00); Logo Licensing; Nancy Heck, Director of the Department of
Community Relations
g.Resolution BPW 01-04-23-03; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; PKS
Construction, Inc.; ($9,754.00); Mayor’s Office Kitchen Remodel; Additional Services
Amendment; James Brainard, Mayor
h.Request for Purchase of Goods and Services; TPI Utility Construction; ($501,700.00);
Water System Improvements; Hoover Road Water Main Extension; John Duffy,
Director of the Department of Utilities
i.Request for Purchase of Goods and Services; YARD Group, LLC d/b/a YARD &
Company; ($30,000.00); Consulting Services; Hourly Comp Plan Implementation and
On Demand Services; Mike Hollibaugh, Director of the Department of Community Services
5.OTHER
a.Request for Grant of Perpetual Storm Water Quality Management Easement;
Culver’s Restaurant; 431 E Carmel Drive; K & J Investments XIV, LLC, Property
Owners
b.Request for Storm Water Technical Standards Waiver; 4625 W 116th Street; Williams
Custom Art Builders
6.ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, December 21, 2022 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER6
7
Board Member Mary Ann Burke called the meeting to order at 10:02 AM 8
9
MEMBERS PRESENT10
11
Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12
13
MINUTES AND OLD BUSINESS14
15
Minutes from the December 7, 2022, Regular Meeting. 16
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 17
18
December 7, 2022, Hearing Under Indiana Code § 36-7-9 19
Continuous Enforcement Order 20
Board Member Burke moved to approve. Board Member Watson seconded. Order approved 2-0. 21
The Findings of Fact 22
Board Member Burke moved to approve. Board Member Watson seconded. Findings approved 2-0. 23
24
BID/QUOTE OPENINGS AND AWARDS25
26
Bid Award for 21-05 City Center Dr & Veterans Way Roundabout27
Jeremy Kashman, City Engineer, recommended awarding the bid to Rieth-Riley Construction Co, Inc. as they 28
were the lowest, responsive bidder. Board Member Burke moved to award the bid to Rieth-Riley Construction 29
Co, Inc. in the amount of $2,538,637.79. Board Member Watson seconded. Request approved 2-0. 30
31
CONTRACTS32
33
Request for Agreement; Duke Energy Indiana, LLC; ($1,776,541.51); Phase II Distribution Relocation - 69k 34
Underground 35
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 36
37
Request for Purchase of Goods and Services; AVI Systems, Inc.; ($20,404.00); AV Equipment; Additional 38
Services Amendment #2 39
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 40
41
Request for Purchase of Goods and Services; AVI Systems, Inc.; ($168,898.00); Remaining AV Package - Fire 42
Administration Building; Additional Services Amendment 43
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 44
45
Request for Purchase of Goods and Services; Ben Goebel; ($1,600.00); Performance Agreement - Ice Carving - 46
2023 Festival of Ice at Carter Green 47
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 48
49
Request for Purchase of Goods and Services; White Construction; (-$16,294.38); 16-ENG-22 Monon Boulevard 50
Phase 2; CO #3 - FINAL 51
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 52
53
Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($46,020.59); 16-ENG-17 54
Roundabout Improvements: 116th Street and Medical Drive at Range Line Road; CO #4 - FINAL 55
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 56
57
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($1,346,300.00); 22-ENG-01 - Monon 58
Boulevard & Urban Trail - Phase 3 - Engineering Services; Additional Services Amendment #3 59
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 60
61
Request for Purchase of Goods and Services; GovernmentJobs.com, Inc. d/b/a NEOGov; ($11,637.00); Power 62
Time Subscription; Additional Services Amendment 63
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 64
65
Request for Purchase of Goods and Services; Hannum Wagle & Cline Engineering, Inc.; ($25,000.00); Main 66
Street Water Main Replacement - Engineering Service 67
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 68
69
Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($43,180.00); Service Vehicle; 70
Additional Services Amendment #2 71
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 72
73
Request for Purchase of Goods and Services; Laketec Communications, Inc.; ($7,575.00); Professional Services 74
and Project Management 75
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 76
77
Request for Purchase of Goods and Services; Leach & Russell Mechanical Contractors, Inc.; ($26,900.00); 78
Tower Site Cooling; Additional Services Amendment #2 79
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 80
81
Request for Purchase of Goods and Services; MEG & Associates, LLC; ($6,000.00); Google Binder for 2023 82
Events; Additional Services Amendment #2 83
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 84
85
Request for Purchase of Goods and Services; Municipal Emergency Services, Inc; ($47,327.85); Turn Out Gear 86
Recruits; Additional Services Amendment #4 87
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 88
89
Request for Purchase of Goods and Services; PKS Construction, Inc.; ($77,121.00); Building Repairs and 90
Maintenance; Additional Services Amendment 91
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 92
93
Resolution BPW 12-21-22-03; A Resolution of the City of Carmel Board of Public Works and Safety 94
Acknowledging Agreement Between City and Vendor; Reagan Outdoor Advertising; ($11,760.00); Holidays in 95
Carmel Advertising; Addendum to Media Display Contract 96
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 97
98
Resolution BPW 12-21-22-04; A Resolution of the City of Carmel Board of Public Works and Safety 99
Acknowledging Agreement Between City and Vendor; Indiana Design Center; ($0.00); Event Space Rental 100
Agreement; Santa House Event 101
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 102
103
Resolution BPW 12-21-22-05; A Resolution of the City of Carmel Board of Public Works and Safety 104
Acknowledging Agreement Between City and Vendor; Indiana Design Center; ($0.00); Event Space Rental 105
Agreement; Holiday in the Arts District Event 106
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 107
108
Resolution BPW 12-21-22-06; A Resolution of the City of Carmel Board of Public Works and Safety 109
Acknowledging Agreement Between City and Vendor; Traynor & Associates, Inc.; ($12,000.00); Appraisals for 110
P1-5 & P9; 20-ENG-06 - Haverstick MU Path; Additional Services Amendment 111
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 112
113
Resolution BPW 12-21-22-07; A Resolution of the City of Carmel Board of Public Works and Safety 114
Acknowledging Agreement Between City and Vendor; Yardberry Landscaping & Excavating Co.; ($138,000.00); 115
22-STR-09 - Gray Rd Site Prep 116
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 117
118
Resolution BPW 12-21-22-08; A Resolution of the City of Carmel Board of Public Works and Safety 119
Acknowledging Agreement Between City and Vendor; Lithko Restoration Technologies, LLC; ($199,320.00); 120
Sophia Square Waterproofing; CO #1 121
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 122
123
Resolution BPW 12-21-22-09; A Resolution of the City of Carmel Board of Public Works and Safety 124
Acknowledging Agreement Between City and Vendor; Aadvanced Limousines, LLC; ($13,666.00); IndyTrolly 125
Event Services; December 2022 126
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 127
128
Request for Purchase of Goods and Services; Rundell Ernstberger Associates, Inc.; ($986,000.00); 22-ENG-01 - 129
Monon Boulevard & Urban Trail - Phase 3 - Engineering Services; Additional Services Amendment 130
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 131
132
Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($18,675.00); 20-ENG-06 - 133
Haverstick MU Path - Buying Services; Additional Services Amendment 134
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 135
136
Request for Purchase of Goods and Services; Tangent Resource, LLC; ($36,000.00); 2023 Consulting and 137
Professional Services 138
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 139
140
Request for Purchase of Goods and Services; Wilkinson Brothers, Inc.; ($43,536.11); Graphic Design, Website 141
and Creative Marketing; Additional Services Amendment 142
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 143
144
REQUEST TO USE CITY STREETS/PROPERTY145
146
Request to Acknowledge Mayor’s Approval of Three Shuttle Stops; Parking Shuttle - No Parking Signs; December 147
9, 2022; 5:00 PM – 11:00 PM; December 10, 16, & 17, 2022; 5:00 PM – 10:30 PM; City Hall Parking Lot, 148
Veterans Way on the Southwest Corner of Civic Square Parking Garage, and Monon Green Boulevard at 149
Northwest Corner of Veterans Way Parking Garage 150
Board Member Burke moved to approve. Board Member Watson seconded. Acknowledgment approved 2-0. 151
152
Request to Use City Streets; Creekside Middle School 5k in Village of West Clay; April 29, 2023; 7:00 AM – 153
11:00 AM 154
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 155
Watson seconded. Request approved 2-0. 156
157
Request to Use / Close City Streets; 15th Annual Ghost and Goblins 5k/2k; Rolling Closures; October 21, 2023; 158
6:00 AM – 12:00 PM 159
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 160
Watson seconded. Request approved 2-0. 161
162
Request to Use / Close City Streets; Carmel International Arts Festival; September 22, 2023 at 4:00 PM - 163
September 24, 2023 at 9:00 PM; Main Street and Range Line Road Closures 164
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 165
Watson seconded. Request approved 2-0. 166
167
Request to Use City Sidewalks; Meet Me on Main; October 14, November 11, & December 9, 2023; 4:00 PM – 168
10:00 PM; Main Street 169
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 170
Watson seconded. Request approved 2-0. 171
172
Request to Use Midtown Plaza; Midday at Midtown; Tuesdays & Thursdays May 2 - October 26, 2023; 10:00 173
AM – 2:00 PM 174
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 175
Watson seconded. Request approved 2-0. 176
177
Request to Use Midtown Plaza; Movies at Midtown; Mondays May 1, 2023 -October 30, 2023; Saturdays 178
November 4, 11, & 18, 2023 and December 2, 9, 16, & 30, 2023; 12:00 PM – 8:00 PM 179
Board Member Burke moved to approve based on all conditions by City departments being met. Board Member 180
Watson seconded. Request approved 2-0. 181
182
OTHER183
184
Resolution BPW 12-21-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 185
Acknowledging Presentation of Pistol and Badge for Lieutenant Brett A. Keith; 29 Years of Service. Board 186
Member Burke recognized Lieutenant Brett A. Keith’s 29 years of service with the Carmel Police Department. 187
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 188
189
Resolution BPW 12-21-22-02; A Resolution of the City of Carmel Board of Public Works and Safety 190
Acknowledging Presentation of Pistol and Badge for Officer Gregory F. Dawson; 36 Years of Service. Board 191
Member Burke recognized Officer Gregory F. Dawson’s 36 years of service with the Carmel Police Department. 192
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 193
194
Request for Consent to Encroach and Variance; 11269 Williams Court; 12-inch Drainage Pipe 195
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 196
Watson seconded. Request approved 2-0. 197
198
Request for Consent to Encroach and Variance; 14341 Laura Vista Drive; Deck Extension. Board Member Burke 199
noted a scrivener’s error on the original agenda. 200
Board Member Burke moved to approve the updated request based on all conditions by the City engineer being 201
met. Board Member Watson seconded. Request approved 2-0. 202
203
Request for Lane / Road / Sidewalk Closure and Open Pavement Cut; 10 East Main Street - 1st on Main; New 204
Water Main 205
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 206
Watson seconded. Request approved 2-0. 207
208
Request for Replat; Reserve at Springmill; Lots 68-71 209
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 210
Watson seconded. Request approved 2-0. 211
212
Request for Right of Way Dedication; Main Street and Old Meridian; Three (3) City of Carmel Owned Parcels 213
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 214
Watson seconded. Request approved 2-0. 215
216
ADD-ONS217
218
Request for Purchase of Goods and Services; Signal Service, Inc.; ($29,475.00); City Cameras; Additional Services 219
Amendment; Timothy Renick, Director of Information and Communication Systems 220
Board Member Burke moved to add the item to the agenda. Board Member Watson seconded. Adding on approved 221
2-0. 222
Board Member Burke moved to approve the request. Board Member Watson seconded. Request approved 2-0. 223
224
Request for Grant of Perpetual Storm Water Quality Management Easement; Congressional Flex, LLC; 805 City 225
Center Drive; Jeremy Kashman, City Engineer 226
Board Member Burke moved to add the item to the agenda. Board Member Watson seconded. Adding on approved 227
2-0. 228
Board Member Burke moved to approve the request. Board Member Watson seconded. Request approved 2-0. 229
230
RECESS231
232
Board Member Burke called a recess at 10:08 AM. 233
Board Member Burked called the meeting back to order at 10:16 AM. 234
235
ADD-ONS CONTINUED236
237
Request for Purchase of Goods and Services; Rieth-Riley Construction Co, Inc.; ($2,538,637.79); Project 21-05 City 238
Center Drive & Veterans Way Roundabout - Construction; Jeremy Kashman, City Engineer 239
Board Member Burke moved to add the item to the agenda. Board Member Watson seconded. Adding on approved 240
2-0. 241
Board Member Burke moved to approve the request. Board Member Watson seconded. Request approved 2-0. 242
243
ADJOURNMENT244
245
Board Member Mary Ann Burke adjourned the meeting at 10:16 a.m.246
247
248
249
250
APPROVED: ____________________________________ 251
Sue Wolfgang – City Clerk 252
253
254
255
256
APPROVED: _____________________________________ 257
Mayor James Brainard 258
259
ATTEST: 260
__________________________________ 261
Sue Wolfgang – City Clerk 262
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American Structurepoint, Inc.
Engineering Department - 2023
Appropriation # 2200 2200 43-401.00 Motor Vehicle Highway Fund; P.O. #108231
Contract Not To Exceed $100,500.00
ADDITIONAL SERVICES AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) entered into by
and between the City of Carmel and American Structurepoint, Inc. (the “Professional”), as City Contract dated May 6,
2022 shall amend the terms of the Agreement by adding the additional services to be provided by Professional
consistent with the Scope of Work attached hereto and incorporated herein as Exhibit “A”. The terms and conditions of
the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CITY OF CARMEL, INDIANA American Structurepoint, Inc.
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer Authorized Signature
Date:
Printed Name
Mary Ann Burke, Member
Date:
Title
Lori S. Watson, Member FID/TIN:
Date:
ATTEST: Date:
Sue Wolfgang, Clerk
Date:
S:\\Contracts\\Departments\\ENG\\American Structurepoint, Inc. ASA #1.docx:12/21/2022 2:04 PM\]
Cash E. Canfield, PE
Chief Operating Officer
35-1127317
DocuSign Envelope ID: 31DCE581-4FAE-4F9D-B564-FDD84B0E2269
12/27/2022
Exhibit A
DocuSign Envelope ID: 31DCE581-4FAE-4F9D-B564-FDD84B0E2269
DocuSign Envelope ID: 31DCE581-4FAE-4F9D-B564-FDD84B0E2269
DocuSign Envelope ID: 31DCE581-4FAE-4F9D-B564-FDD84B0E2269
DocuSign Envelope ID: 31DCE581-4FAE-4F9D-B564-FDD84B0E2269
CzTfshfzHsfdivlijobu:;55bn-Efd33-3133
Exhibit A
CzTfshfzHsfdivlijobu:;56bn-Efd33-3133
Exhibit A
CzTfshfzHsfdivlijobu:;54bn-Efd33-3133
Exhibit A
CzTfshfzHsfdivlijobu:;54bn-Efd33-3133
Exhibit A
RESOLUTION NO. BPW 01-04-23-01
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 (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 , 2023.
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\\2023\\Acknowledge Agreement EnVeritas Group, Inc. Content License Agreement.docx12/21/2022 10:47AM
4th January
CzTfshfzHsfdivlijobu4;65qn-Efd31-3133
C:\Users\hharmeyer\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\NYAP9KRN\01-04-23-03 PKS Construction Acknowledge Agreement_.docx12/27/2022 4:45 PM
RESOLUTION NO. BPW 01-04-23-03
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’s mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’s mayor, 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’s Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’s Office, 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 , 2023.
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:
CzTfshfzHsfdivlijobu3;55qn-Efd31-3133
Exhibit A
CzTfshfzHsfdivlijobu21;2:bn-Efd2:-3133
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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 1192 101 43-404.00funds.
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 Thirty Thousand Dollars ($30,000.00) (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.
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2
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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, 2023, 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\\DOCS\\2023\\Yard & Company, LLC Professional Services.docx:12/19/2022 9:26 AM\]
3
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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
C. Excess/Umbrella Liability $2,000,000 (each occurrence
S:\\Contracts\\Departments\\DOCS\\2023\\Yard & Company, LLC Professional Services.docx:12/19/2022 9:26 AM\]
4
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
and aggregate)
D. Worker's Compensation & Disability Statutory
E. 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
F. Professional Liability Insurance. The Professional shall carry and maintain during the
continuance of this Agreement, professional liability insurance in the amount of
2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's
policy of insurance shall contain prior acts coverage sufficient to cover all Services
performed by the Professional for this Project. Upon City's request, Professional shall
give prompt written notice to City of any and all claims made against this policy during
the period in which this policy is required to be maintained pursuant to this Agreement.
If the insurance is written on a claims-made basis and coverage is cancelled at any
time, the Professional will obtain, at its cost, an extended reporting endorsement
which provides continuing coverage for claims based upon alleged acts or omissions
during the term of the Agreement until all applicable statute of limitation periods have
expired.
7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an
additional insured," showing such coverage then in force (but not less than the amount shown above)
shall be filed with City prior to commencement of any work. These certificates shall contain a provision
that the policies and the coverage afforded will not be canceled until at least thirty (30) days after
written notice has been given to City.
7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for
those specified if the total amount of required protection is not reduced. Professional shall be
responsible for all deductibles.
7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability
of Professional to the above enumerated amounts.
7.6 Liens
Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is
filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to
pay or bond over such lien at Professional’s sole cost and expense.
S:\\Contracts\\Departments\\DOCS\\2023\\Yard & Company, LLC Professional Services.docx:12/19/2022 9:26 AM\]
5
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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.
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6
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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 Community Services Office of Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
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7
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
PROFESSIONAL:
YARD Group, LLC d/b/a YARD & Company
PO Box 1058
Cincinnati, Ohio 45201
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 ofIndiana, 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\\DOCS\\2023\\Yard & Company, LLC Professional Services.docx:12/19/2022 9:26 AM\]
8
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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\\DOCS\\2023\\Yard & Company, LLC Professional Services.docx:12/19/2022 9:26 AM\]
9
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
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.
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10
YARD Group, LLC d/b/a YARD & Company
Department of Community Services - 2023
Appropriation # 1192 101 43-404.00 Fund; P.O.#108164
Contract Not To Exceed $30,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
IM
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
YARD Group, LLC d/b/a YARD & Company
BY:
Au arized Signature
Printed Name: Joe Nickol
Title: Principal, Co -Owner
FID/TIN:
Date: 14 December 2022
S \Contmts\])cpamnerds\DOCS\2023\Yard & Compmry, LLC Pmfessioml Services docx: 12/16/2022 3:56 PMI
11
EXHIBIT A
PAGE 1 of2
EXHIBIT A
PAGE 2 of2
EXHIBIT B
Invoice
Date:
Name of Company:
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
Kpf!Ojdlpm
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Qsjodjqbm-!Dp.Pxofs
Efdfncfs25 33
Kpf!Ojdlpm
Kpf!Ojdlpm
12/11/2022
YARD & COMPANY
CINCINNATI, OH 45201 -
108164
PO BOX 1058
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
Hourly Comp Plan Implementation and On Demand Services
Dept of Community Service
1 Civic Square
Carmel, IN 46032-
376189
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
72365
1192Department:101Fund:General Fund
43-404.00Account:
Consultingservices1 $30,000.00 $30,000.00Each
30,000.00SubTotal
30,000.00
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 LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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. 108164
ORDERED BY
TITLE
CONTROLLER
Dept of Community Service
1 Civic Square
Carmel, IN 46032-
Mike Hollibaugh James Crider
Director Director of Administration
12/15/2029
January 23
Hamilton Holly J. Harmeyer
January 23
12/15/2029
Hamilton Holly J. Harmeyer
January 23
12/15/2029
Hamilton Holly J. Harmeyer