HomeMy WebLinkAboutPaperless Packet for BPW 03.15.23Board of Public Works and Safety Meeting
Agenda
Wednesday, March 15, 2023 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the March 1, 2023, Regular Meeting
2. BID OPENING AND AWARD
a. Quote Opening for 23-STR-02 Reflecting Pool Painting; Matt Higginbotham, Street
Commissioner
b. Bid Opening for Digester Gas Piping Replacement Project; John Duffy, Director of the
Department of Utilities
3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS
a. Resolution BPW 03-15-23-01; Jackson’s Grant 1B; Erosion Control; Jackson’s Grant
Real Estate Company, LLC
4. CONTRACTS
a. Request for Purchase of Goods and Services; Nelson Alarm, LLC; ($48,551.00);
Camera Replacements; Additional Services Amendment; Timothy Renick, Director of
Information and Communication Systems
b. Request for Purchase of Goods and Services; Engledow, Inc; ($53,797.76); 2023
Flower Maintenance; Matt Higginbotham, Street Commissioner
c. Resolution BPW 03-15-23-02; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; Traynor &
Associates, Inc; ($2,000.00); 560 3rd Ave SW – Appraisal Report; Jeremy Kashman,
City Engineer
d. Request for Purchase of Goods and Services; American Structurepoint, Inc;
($1,290,998.00); 22-ENG-03 116th & Hoover Rd RAB 116th St Path from Towne to
Spring Mill – Pedestrian Bridge Design; Additional Services Amendment #2; Jeremy
Kashman, City Engineer
e. Request for Purchase of Goods and Services; American Structurepoint, Inc;
($1,151,961.05); 20-ENG-04 College Ave Rd Improvement – 96th to 106th Street –
Construction Engineering; Additional Services Amendment #3; Jeremy Kashman,
City Engineer
f. Request for Purchase of Goods and Services; Convergint Technologies, LLC;
($618,282.07); Genetec Upgrade; Timothy Renick, Director of Information and
Communication Systems
g. Request for Purchase of Goods and Services; Municipal Emergency Services, Inc;
($1,522,375.14); Cascade System and Self-Contained Breathing Apparatuses;
Additional Services Amendment; Chief David Haboush, Carmel Fire Department
h. Request for Purchase of Goods and Services; Beard Equipment Company, Inc;
($127,692.00); Equipment; Bob Higgins, Brookshire Golf Course
i. Request for Purchase of Goods and Services; Clark Dietz, Inc; ($276,420.00); 22-
ENG-05 99th St. Path from Westfield Blvd to Haverstick Road – Design; Agreement
for Professional Services; Jeremy Kashman, City Engineer
j. Request for Purchase of Goods and Services; AG Productions, LLC; ($52,800.00);
Video Marketing, Content Management and Production; Nancy Heck, Director of
Community Relations and Economic Development
k. Request for Purchase of Goods and Services; CorGroup, LLC; ($22,700.00); 20-
ENG-02, College Ave – Garage Replacement; Agreement for Professional Services;
Jeremy Kashman, City Engineer
5. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use Council Chambers; Homeowners Association Meeting; April 20, 2023;
6:45 PM –8:30 PM; Tammy LaMartz, Ardsley Management
b. Request to Use Midtown Plaza/Monon Blvd; Brews on the Boulevard; July 29, 2023;
10:00 AM –10:00 PM; Sondra Schwieterman, City of Carmel
c. Request to Use Civic Square Gazebo/Lawn and to Use/Close City Streets; Fundraiser;
June 3, 2023; 12:00 PM –6:00 PM; Grace Covington, TherAplay Carmel
d. Request to Use/Close City Streets; CarmelFest Freedom Run; July 4, 2023; 7:00 AM –
10:00 AM; Don Carr, Tuxedo Brothers
e. Request to Use Civic Square Gazebo/Lawn; Spring Woodwind Studio Recital; May 7,
2023; 12:00 PM –5:00 PM; Katherine Peters
f. Request to Use Veterans Plaza/Traffic Control; City of Carmel Memorial Day
Ceremony; May 26, 2023; 7:00 AM –11:00 AM; Meg Gates Osborne
g. Request to Use/Close City Streets; Overbrook Farms HOA Block Party; April 22,
2023; 10:00 AM –4:00 PM; Pooja Garg, Overbrook Farms HOA
h. Request to Use Reflecting Pool; Submarine Event; August 12-13, 2023; 7:00 AM –5:00
PM; Chris Campbell, SubCommittee R/C Submarine Club
i. Request to Use/Close City Streets; Sam Costa Half and Quarter Marathon Road
Race; March 25, 2023; 7:00 AM –12:00 PM; Terry Townsend, Indy Runners and
Walkers
6. OTHER
a. Request for Additional Arts Grant Program Agreement; ($42,720.00 Increase); Actors
Theatre of Indiana, Inc; Mayor James Brainard
b. Request for Additional Arts Grant Program Agreement; ($48,950.00 Increase);
Carmel Symphony Orchestra, Inc.; Mayor James Brainard
c. Request for Additional Arts Grant Program Agreement; ($7,120.00 Increase); Indiana
Wind Symphony; Mayor James Brainard
d. Request for Additional Arts Grant Program Agreement; ($14,240.00 Increase);
Gregory Hancock Dance Theatre, Inc.; Mayor James Brainard
e. Request for Additional Arts Grant Program Agreement; ($17,000.00 Increase);
Gregory Hancock Dance Theatre, Inc.; Mayor James Brainard
f. Request for Additional Arts Grant Program Agreement; ($37,380.00 Increase); Booth
Tarkington Civic Theatre; Mayor James Brainard
g. Request for Additional Arts Grant Program Agreement; ($16,020.00 Increase); The
CAT, Ltd.; Mayor James Brainard
h. Resolution BPW 03-15-23-04; A Resolution of the City of Carmel Board of Public
Works Acknowledging Arts Grant; ($175,000.00); The Great American Songbook
Foundation; Mayor James Brainard
i. Resolution BPW 03-15-23-03; A Resolution of the City of Carmel Board of Public
Works and Safety Approving the Appointment of the Fire Chief’s Executive
Assistants; Chief David Haboush, Carmel Fire Department
j. Request for Waiver of BPW Resolution No. 04-28-17-01/ Temporary Construction
Entrance; Between Carmel Drive and 111th Street; Duke Energy
k. Request for Waiver of BPW Resolution No. 04-28-17-01/ Lane Restriction; 889 Bridle
Circle; Duke Energy
l. Request for Waiver of BPW Resolution No. 04-28-17-01/ Path Closure; 307 East City
Center Drive; Duke Energy
m. Request for Waiver of BPW Resolution No. 04-28-17-01/ Lane Restrictions; 1705 W
116th Street; AES, Inc.
n. Request for Lane & Road Closure/ Sidewalk Closure/Open Pavement Cuts; 175 S
Rangeline Road; Nick Justice, CEC, Inc.
o. Request for Waiver of City Code 6-145 (Application of Outdoor Burning
Regulations); 4100 W 121st Street; Hillary Peters, Mariami Landscapes
p. Request for Stormwater Technical Standards Waiver; Irsay Pond, 116th & Clay
Center Road; Brian Brown, Stoeppelwerth
q. Request for Consent to Encroach and Variance; 12517 Brompton Road; Daniel and
Elizabeth Strader
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, March 1, 2023 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
6
MEETING CALLED TO ORDER 7 8
Mayor Brainard called the meeting to order at 10:01 AM 9
10
MEMBERS PRESENT 11
12
Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, and City Clerk Sue 13
Wolfgang were present. 14
15
MINUTES 16
17
Minutes from the February 15, 2023 Regular Meeting. Board Member Burke moved to approve. Board 18
Member Watson seconded. Minutes were approved 3-0. 19
20
BID OPENING AND AWARD 21
22
Bid Award for Project # 20-ENG-04 - Road Improvements College Ave (96th to 106th Street) 23
24
Jeremy Kashman, City Engineer, recommended awarding the bid to Rieth-Riley Construction Co., Inc. 25
as they were the lowest, responsive bidder. Board Member Burke moved to award the bid to Rieth-Riley 26
Construction Co., Inc in the amount of $13,585,815.00. Board Member Watson seconded. Bid Award 27
approved 3-0. 28
29
Bid Award for Project 23-STR-01 - 2023 Paving Program 30
31
Crystal Edmondson, Operations Manager, recommended awarding the bid to Howard Asphalt, LLC as 32
they were the lowest, responsive bidder. Board Member Burke moved to award the bid to Howard 33
Asphalt, LLC in the amount of $3,641,478.16. Board Member Watson seconded. Bid Award approved 34
3-0. 35
36
CONTRACTS 37
38
Request for Purchase of Goods and Services; Yardberry Landscape and Excavating Company; (No Cost 39
Change); 20-ENG-07 106th Street Path Penn to College; CO #1; Board Member Burke moved to 40
approve. Board Member Watson seconded. Request approved 3-0. 41
42
Request for Purchase of Goods and Services; Fredericks, Inc; ($49,667.00); Repair EIFS Over 43
Front entry – Station 42; Additional Services Amendment; Board Member Burke moved to 44
approve. Board Member Watson seconded. Request approved 3-0. 45
46
Request for Purchase of Goods and Services; Pediatric Emergency Standards, Inc; ($7,345.00); 47
Handtevy Mobile Agreement; Board Member Burke moved to approve. Board Member Watson 48
seconded. Request approved 3-0. 49
50
Request for Purchase of Goods and Services; Lithko Restoration Technologies, LLC; (-76,192.00); 51
Sophia Square Waterproofing; CO #2; Board Member Burke moved to approve. Board Member 52
Watson seconded. Request approved 3-0. 53
54
Request for Purchase of Goods and Services; 3D Company, Inc; (99,360.21); 20-ENG-02 106th and 55
College Ave RAB; CO #1; Board Member Burke moved to approve. Board Member Watson 56
seconded. Request approved 3-0. 57
58
Request for Purchase of Goods and Services; Yardberry Landscape and Excavating Company; (-59
$89,075.77); 20-ENG-07 106th Street Path Penn to College; CO #2, Final; Board Member Burke 60
moved to approve. Board Member Watson seconded. Request approved 3-0. 61
62
Resolution BPW 03-01-23-01; A Resolution of the City of Carmel Board of Public Works and Safety 63
Acknowledging Agreement Between City and Vendor; Volkert, Inc; ($76,200.00); 20-ENG-06 64
Haverstick Multi-Use Path (96th St to 99th St)/Appraisal and Negotiation Services; Additional 65
Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. 66
Request approved 3-0. 67
68
Request for Purchase of Goods and Services; Insight Public Sector, Inc; ($87,850.92); Network 69
Lease and Equipment; Additional Services Amendment #2; Board Member Burke moved to approve. 70
Board Member Watson seconded. Request approved 3-0. 71
72
Request for Purchase of Goods and Services; Midwest Landscape Industries, Inc; ($65,255.00); 2023 73
Flower Installation; Board Member Burke moved to approve. Board Member Watson seconded. 74
Request approved 3-0. 75
76
Request for Purchase of Goods and Services; Rieth-Riley Construction Co., Inc.; 77
($13,585,815.00); 20-ENG-04 - Road Improvements College Ave (96th to 106th Street) – 78
Construction; Board Member Burke moved to approve. Board Member Watson seconded. Request 79
approved 3-0. 80
81
Request for Purchase of Goods and Services; The Etica Group, Inc; ($171,000.00); 22-ENG-02 82
116th St Path from Michigan Rd to Towne Rd – Design; Professional Services; Board Member 83
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 84
85
REQUEST TO USE CITY STREETS/PROPERTY 86
87
Request to Use / Close City Streets; Artmobilia – Shift Road Rally; September 10, 2023; 6:00 AM –88
10:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 89
approved 3-0. 90
91
Request to Use / Close City Streets / Monon & Main Plaza / Midtown Plaza; Artomobilia – Lotus – 92
Palooza; September 9, 2023; 6:00 AM – 9:00 PM; Board Member Burke moved to approve. Board 93
Member Watson seconded. Request approved 3-0. 94
95
Request to Use / Close City Streets; Artmobilia – Spring Rally, Keystone 10000; May 6, 2023; 4:00 96
PM – 9:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 97
approved 3-0. 98
99
Request to Use / Close City Streets / Civic Square Fountain Area / Civic Square Gazebo/Lawn; Battle 100
of the Bands Music Festival; April 15, 2023; 12:00 PM – 10:00 PM; Board Member Burke moved to 101
approve. Board Member Watson seconded. Request approved 3-0. 102
103
Request to Use Palladium Paver Patio; Wedding; September 16, 2023; 2:00 PM –8:00 PM; Board 104
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 105
106
Request to Use Midtown Plaza; Movies at Midtown; May 2 – October 31, 2023; Tuesdays: 12:00 PM 107
and 6:00 PM, Thursdays: 6:00 PM; Board Member Burke moved to approve. Board Member Watson 108
seconded. Request approved 3-0. 109
110
Request to Use Midtown Plaza; Midtown Music Mondays; May 1 – October 30, 2023; Every Monday 111
(Except Holidays); 4:30 PM – 7:30 PM; Board Member Burke moved to approve. Board Member 112
Watson seconded. Request approved 3-0. 113
114
Request to Use Carter Green (Civic Square Gazebo as Backup); Religious Procession/Public Prayer 115
(No road or street closures have been requested for the procession, but traffic control is requested at 116
major intersections); June 11, 2023; 9:00 AM –7:00 PM; Board Member Burke moved to approve. 117
Board Member Watson seconded. Request approved 3-0. 118
119
Request to Use Civic Square Gazebo/Lawn and Civic Square Fountain Area; Wedding; June 16, 2023; 120
3:00 PM –6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 121
Request approved 3-0. 122
123
Request for Meet Me on Main in the Carmel Arts and Design District; March 11/April 8/May 13/June 124
10/July 8/August 12/September 9/October 14/November 11/December 9, 2023; 3:00 PM – 9:00 PM; 125
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 126
127
OTHER 128
129
Request for Waiver of BPW Resolution No. 04-28-17-01/ Lane Restriction; East Main Street; Board 130
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 131
132
Request for Waiver of BPW Resolution No. 04-28-17-01; 11204 Westfield Blvd; Board Member Burke 133
moved to approve. Board Member Watson seconded. Request approved 3-0. 134
135
Request for Road Closure/ Open Pavement Cut; Jackson’s Grant Village, 116th Street; Board Member 136
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 137
138
Request for Secondary Plat; The Courtyards of Carmel, Section 3; Board Member Burke moved to 139
approve. Board Member Watson seconded. Request approved 3-0. 140
141
ADD-ONS 142
143
Board Member Burke moved to add two add-on items to the agenda. Board Member Watson seconded. 144
Adding of items approved 3-0. 145
146
Request for Purchase of Goods and Services 147
Powers & Sons Construction Company, Inc; ($1,329,000.00); Clay Township Center Addition. 148
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 149
150
Request for Proposal Opening 151
Solar Panel Installation Request for Proposal at the Westside Facility. 152
Board Member Watson opened the bids and read the companies aloud: 153
154
Huston Electric, Inc 155
Solar Energy Solutions, LLC 156
Retro Tech Systems 157
158
ADJOURNMENT 159
160
Mayor James Brainard adjourned the meeting at 10:10 a.m. 161
162
163
164
165
166
APPROVED: ____________________________________ 167
Sue Wolfgang – City Clerk 168
169
170
171
_____________________________________ 172
Mayor James Brainard 173
174
175
ATTEST: 176
177
__________________________________ 178
Sue Wolfgang – City Clerk 179
180
CzTfshfzHsfdivlijobu22;28bn-Gfc35-3134
Exhibit A
Nelson Alarm
City of Carmel Direct Sale Agreement (Revised)
Date: February 20, 2023
Project Name: City of Carmel Information and Communication Systems
stAddress: 31 1Avenue NW
City, State, Zip: Carmel, IN 46063
Contact: Todd Luckoski
Phone: 317.571.2590
equipment.
This Sales and Installation Agreement is made this 19th day of January 2022 and City of Carmel
Customeragrees to purchase the following equipment and services provided by NA.
Direct Sale:
QTY Parts Description
34 AXIS Q3538-LVE 4K Fixed IR WDR IPDome Camera, 6.2-12.9mm Lens; $41,503
1AXIS P3719-PLE P37 Series 15MP Outdoor Multidirectional Dome IRIPCamera, 3-6mm Varifocal Lens;
1,384
1AXIS Q6078-EQ60 Series Outdoor UHD 4KPTZ IPCamera, 20x Optical Zoom; $2,809
20 AXIS T94M01D Outdoor Pendant Kit for Q3505-VE; $1,124
16 AXIS T91D61 Wall Mount 1.5" NPS Thread for Fixed Dome Pendant Kits; $1,290
1AXIS T91B47 Pole Mount Indoor/Outdoor with Stainless Steel Straps, 50-150mm; $72
6AXIS T94A01D Pendant Kit Mounting on1.5" NPS Threaded Bracket, Aluminum; $288
1AXIS T94N01D Indoor/Outdoor Pendant Kit on1.5" NPS Threaded Brackets; $81
Total Cost - $48,551 plus applicable freight, taxes or fees.
Quote Valid for 30 days.
STANDARDTERMSANDCONDITIONS:
1.Intheeventthatanypartoftheaforementionedequipmentbecomesdefective, orintheeventthatanyrepairsarerequired, NA
agreestomakeallrepairsandreplacementofpartswithoutcoststotheCustomerforaperiodofoneyearfromthedateofinstallation. NA
reservestheoptiontoeitherreplaceorrepairthealarmequipment, andreservestherighttosubstitutematerialsofequalqualityattimeof
replacement, ortousereconditionedpartsinfulfillmentofthiswarranty. Thiswarrantydoesnotincludebatteries, reprogramming, damage
bylightning, electricalsurgeorwirebreaks.
2.Exceptassetforthinthisagreement, NAmakesnoexpresswarrantiesastoanymatterwhatsoever, including, withoutlimitation,
theconditionoftheequipment, itsmerchantability, oritsfitnessforanyparticularpurpose. NAdoesnotrepresentnorwarrantthatthe
equipmentmaynotbecompromisedorcircumvented, orthattheequipmentwillpreventanylossbyburglary, hold-up, vandalismor
otherwise; orthatthesystemwillinallcasesprovidetheprotectionforwhichitisinstalled. NAexpresslydisclaimsanyimpliedwarranties,
includingimpliedwarrantiesofmerchantabilityorfitnessforaparticularpurpose.
th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802
Nelson Alarm
3. Thewarrantydoesnotcoveranydamagetomaterialorequipmentcausedbyaccident, misuse, attemptedorunauthorizedrepair
service, modification, orimproperinstallationbyanyoneotherthanNA. NAshallnotbeliableforconsequentialdamages. Customer
acknowledgesthatanyaffirmationoffactorpromisemadebyNAshallnotbedeemedtocreateanexpresswarrantyunlessincludedinthis
contractinwriting; thatCustomerisnotrelyingonNA'sskillorjudgmentinselectingorfurnishingasystemsuitableforanyparticularpurpose
andthattherearenowarrantieswhichextendbeyondthoseonthefaceofthisagreement.. Customer'sexclusiveremedyforNA'sbreachof
thiscontractornegligencetoanydegreeunderthiscontractistorequireNAtorepairorreplace, atNA'soption, anyequipmentwhichisnon-
operational. Thiswarrantygivesyouspecificlegalrightsandyoumayalsohaveotherrightswhichvaryfromstatetostate. Ifrequiredbylaw,
NAwillprocureallpermitsrequiredbylocallawandwillprovidecertificateofworkman'scompensationpriortostartingwork.
4. DELAYININSTALLATION: NAshallnotbeliableforanydamageorlosssustainedbyCustomerasaresultofdelayininstallationof
equipment, equipmentfailure, orforinterruptionofserviceduetoelectricfailure, strikes, walk-outs, war, actsofGod, orothercauses,
includingNA'snegligenceintheperformanceofthiscontract. Theestimateddateworkistobesubstantiallycompletedisnotadefinite
completiondateandtimeisnotoftheessence.
5. ALTERATIONOFPREMISESFORINSTALLATION: NAisauthorizedtomakepreparationssuchasdrillingholes, drivingNails, making
attachmentsordoinganyotherthingnecessaryinNA'ssolediscretionfortheinstallation oftheequipment, andNAshallnotberesponsible
foranyconditioncreatedtherebyasaresultofsuchinstallation, service, orremovaloftheequipment, andCustomerrepresentsthatthe
ownerofthepremises, ifotherthanCustomer, authorizestheinstallationoftheequipmentunderthetermsofthisagreement.
6. CUSTOMER'SDUTYTOSUPPLYELECTRICANDTELEPHONESERVICE: Customeragreestofurnish, atCustomer'sexpense, all110
VoltACpowerandelectricaloutletsandreceptacles, internetconnection, highspeedbroadbandcableorDSLandIPAddress, telephonehook-
ups, RJ31xBlockorequivalent, asdeemednecessarybyNA.
7. LIENLAW: NAoranysubcontractorengagedbyNAtoperformtheworkorfurnishmaterialwhoisnotpaidmayhaveaclaim
againstpurchaserortheownerofthepremisesifotherthanthepurchaserwhichmaybeenforcedagainstthepropertyinaccordancewiththe
applicablelienlaws.
8. INDEMNITY/WAIVEROFSUBROGATIONRIGHTS/ASSIGNMENTS: CustomeragreestoindemnifyandholdharmlessNA, its
employees, agentsandsubcontractors, fromandagainstallclaims, lawsuits, includingthosebroughtbythird-partiesorbyCustomer, including
reasonableattorneys' feesandlosses, assertedagainstandallegedtobecausedbyNA'sperformance, negligenceorfailuretoperformany
obligationunderthisagreement. Partiesagreethattherearenothirdpartybeneficiariesofthiscontract. Customeronitsbehalfandany
insurancecarrierwaivesanyrightofsubrogationCustomer'sinsurancecarriermayotherwisehaveagainstNAorNA's
subcontractorsarisingoutofthisagreementortherelationofthepartieshereto. Customershallnotbepermittedtoassignthisagreement
withoutwrittenconsentofNA. NAshallhavetherighttoassignthiscontractandshallberelievedofanyobligationshereinuponsuch
assignment.
9. EXCULPATORYCLAUSE: NAandCustomeragreethatNAisnotaninsurerandnoinsurancecoverageisofferedherein. NAisnot
assumingliability, and, thereforeshallnotbeliabletoCustomerforanyloss, personalinjury, datacorruptionorinabilitytoretrievedata, or
propertydamagesustainedbyCustomerasaresultoftheequipmentfailure, oranyothercause, whatsoever, regardlessofwhetherornot
such damaity.
CustomerreleasesNAfromanyclaimsforcontribution, indemnityorsubrogation.
10. INSURANCE: TheSubscribershallmaintainapolicyofpublicliability, propertydamage, burglaryandtheftinsuranceunderwhich
NAisnamedasadditionalinsured. NAshallnotberesponsibleforanyportionofanylossordamagewhichisrecoveredorrecoverablebythe
SubscriberfrominsurancecoveringsuchlossordamageorforsuchlossordamageagainstwhichtheSubscriberisindemnifiedorinsured. In
ecoverdamages.
Subscribershallobtaininsurancetocoveranylossthesecurityservicesareintendedtodetecttoonehundredpercentofthe
insurablevalue, andSubscriberandallthoseclaimingrightsunderSubscriberwaiveallrightsagainstNAanditssubcontractorsforlossor
damagescausedbyburglary, theft, water, smoke, fireorotherperilsintendedtobedetectedbythesecurityservicesorcoveredbyinsurance
tobeobtainedbySubscriber, exceptsuchrightsastheymayhavetotheproceedsofinsurance.
11. LIMITATIONOFLIABILITY: CustomeragreesthatshouldthereariseanyliabilityonthepartofNAasaresultofNA'snegligent
performancetoanydegreeoffailureorperformanyofNA'sobligationsorequipmentfailure, orstrictproductsliability, thatNA'sliabilityshall
belimitedtothesumof $250.00or5% ofthesalesprice, whicheverisgreater. IfCustomerwishestoincreaseNA'samountoflimitationof
liability, Customermay, asamatterofright, atanytime, byenteringintoasupplementalcontract, obtainahigherlimitbypayinganannual
paymentconsonantwithNA'sincreasedliability. Thisshallnotbeconstruedasinsurancecoverage.
2)
th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802
Nelson Alarm
12. LEGALACTION: IntheeventNArefersthiscontracttoanattorney, torecoveranyamountsowedbyCustomertoNAhereunder, the
partiesagreethattheamounttoberecovered, andanyjudgmenttobeentered, shallincludeinterestattherateof11/2% permonthfromthe
datepaymentisdueandCustomershallpayNA'slegalfees. InanyactioncommencedbyNAagainstCustomer, Customershallnotbe
permittedtointerposeanycounterclaim. ThisagreementshallbegovernedbythelawsoftheStateofIndiana. Thepartiesagreethatthe
courtsoftheStateofIndianashallhaveexclusivejurisdictionoverthepartiesheretoregardinganydisputebetweenthemandNAand
CustomersubmitstothejurisdictionoftheStateofIndiana. CustomersubmitstothejurisdictionofIndianaandagreesthatanylitigation
alplaceof
businessislocated. Thepartieswaivetrialbyjuryinanyactionbetween
them. AnyactionbyCustomeragainstNAmustbecommencedwithinoneyearoftheaccrualofthecauseofactionorshallbebarred. All
actionsorproceedingsagainstNAmustbebasedontheprovisionsofthisagreement. AnyotheractionthatCustomermayhaveorbring
againstNAinrespecttootherservicesrenderedinconnectionwiththisagreementshallbedeemedtohavemergedinandberestrictedtothe
termsandconditionsofthisagreement.
13. FULLAGREEMENT/SEVERABILITY/ CONFLICTINGDOCUMENTS. Thisagreementconstitutesthefullunderstandingoftheparties
andmaynotbeamendedormodifiedorcanceledexceptinwritingsignedbybothparties, exceptNArequirementsregardingitemsof
protectionprovidedforinthisagreementimposedbyAuthorityHavingJurisdiction. Shouldthereariseanyconflictbetweenthisagreement
andCustomer'spurchaseorderorotherdocument, thisagreementwillgovernwhethersuchpurchaseorderordocumentispriortoor
subsequenttothisagreement. Shouldanyprovisionofthisagreementbedeemedvoid, allotherprovisionswillremainineffect.
Nelson Alarm: Customer:
Signature: _______________________________ Signature: ______________________________
Printed Name: ____________________________ Printed Name: ___________________________
Date: ___________________________________ Date: ___________________________________
3)
th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802
CzTfshfzHsfdivlijobu23;36qn-Gfc39-3134
Exhibit A
2023 Flowers- Installation and Maintenance
Engledow Details
SPRING FLOWERS
LOCATION PLANTSIZE QUANTITY
P-Large Stone Urns (45plants)Juncus Twister1 gal45
Sophia Square Courtyard (54 flats) Pansy Cool Wave Pastel 1801 flats 66IDCUrns (12 flats) Mix
P-Small Stone Urns (20 flats) Pansy Matrix Citrus Mix 1801 flats 88P-Large Stone Urns (68 flats)
P-Iron Urns (64 flats)Pansy Cool Wave White1801 flats 64
Main St Cast Stone (48 flats) Pansy Cool Wave BlueberrySophiaSquareCourtyard (24 flats) 1801 flats 84SwirlIDCUrns (12 flats)
Page 1of13
MAIN ST. CAST STONE PLANTERS (32 TOTAL)
Plant Name SizeQuantity
Pansy Cool Wave Blueberry Swirl 1801 48 flats
Each large planter gets approx. 12 plants.
Each small planter gets approx. 9 plants.
SOPHIA SQUARE COURTYARD
18 RECTANGULAR PLANTERS
AND BASE OF 12 TOPIARY PLANTERS)
Plant Name SizeQuantity
Pansy Cool Wave Blueberry Swirl 1801 24
Pansy Cool Wave Pastel Mix 1801 54
Each 2-ball topiary planter base gets 2 flats of Pansy Blueberry.
Each rectangular planter gets 3 flats of Pansy Pastel Mix.
Page 2of13
PALLADIUM
SMALL STONE URNS (15):
PlantSizePer Urn Total Plants
Pansy Matrix Citrus Mix 1801 24 plants 20 flats
LARGE STONE URNS (15):
PlantSizePer Urn Total Plants
Juncus Twister 1 gal 5 45
Pansy Matrix Citrus Mix 1801 80 plants 68 flats
STONE PLANTERS (15):
PlantSizePer Urn Total Plants
Empty for Spring
IRON URNS (64):
PlantSizePer Urn Total Plants
Pansy Cool Wave White 1801 18 plants 64 flats
INDIANA DESIGN CENTER
5 LARGE URNS & 6 SMALL URNS)
Spring
Plant Name SizeQuantity
Pansy- Cool Wave Blueberry Swirl 1801 12 flats
Pansy- Cool Wave Pastel Mix 1801 12 flats
Pansies mixed evenly throughout urns.
Page 3of13
SUMMER FLOWERS
LocationPlant NameSizeQuantity
P- Large Stone Urns (15)
Canna- Yellow 6” pot 25IDC (10)
Sophia Square Courtyard (36) Colocasia Elephant Ear 4.5” pot 36
P- Small Stone Urns (15)
Cordyline 6” pot 15
P- Small Stone Urns (225) Geranium- Ivy BlizzardP- Large Stone Urns (180) 4.5” pot 597BlueP- Iron Urns (192)
Sophia Square Courtyard (78 flats) Impatiens- Dazzler Tutti 1801 flats 78FruttiMix
IDC Urns (44) Impatiens- Sunpatiens 4.5” pot 44White
P- Large Stone Urns (150) Lantana Landmark - P- Stone Planters (600) 4.5” pot 878WhiteP- Iron Urns (128)
Main St Cast Stone Planters (256)
Salvia- Purple Annual 4.5” pot 322IDCUrns (66)
Page 4of13
Summer Planting Detail for 2023
Main St Cast Stone Planters (32 total)
Plant NameSizeQuantity
SalviaPurple Annual 4.5” pot 256
Each large planter (16) gets approx. 10 plants.= 160
Each small planter (16) gets approx. 6 plants. = 96
Sophia Square Courtyard Planters
Plant Name SizeQuantity
Impatiens- Dazzler Tutti Frutti Mix 1801 78
Colocasia Elephant Ear 4.5” 36
Each 2-ball topiary planter base (12) gets 2 flats ofImpatiens.
Each rectangular planter (18) gets 3 flats ofImpatiens and 2 colocasia
Page 5of13
Palladium
SMALL STONE URNS (15):
PlantSizePer UrnTotal Plants
Cordyline 6” 1 15
Ivy Geranium Blizzard Blue 4.5” pot 15 225
LARGE STONEURNS (15):
PlantSizePer Urn Total Plants
Canna Yellow 6” 1 15
Lantana Landmark White 4.5” pot 10 plants 150
Ivy Geranium Blizzard Blue 4.5” pot 12 plants 180
STONE PLANTERS (15):
PlantSizePer Urn Total Plants
Lantana Landmark White 4.5” pot 40 plants 600
IRON URNS (64):
PlantSizePer Urn Total Plants
Lantana Landmark- White 4.5” pot 2 128
Ivy Geranium Blizzard Blue 4.5” pot 3 192
Page 6of13
Indiana Design Center
5 Large Urns & 6 Small urns)
Plant NameSizeQuantity
SalviaPurple 4.5” pot 66
Canna- Yellow 6” pot 10
Impatiens- Sunpatiens White 4.5” pot 44
Details:
Large Urns (5) (West side of property)-
Salvia Purple- 24 per urn- 60 plants
Canna- 2 pots per urn- 10 total plants
Impatiens Sunpatiens White - 20 per urn- 100 plants
2 Cannas in center
12 salvia between canna and impatiens
20 impatiens around border
Small Urns (6) (2 on S side, 4 on N side)-
Salvia Purple- - 1 per urn- 6 plants
White Impatiens - 4 per urn- 24 plants
1 Salvia in center
4 impatiens around border
Page 7of13
FALL
LOCATIONPLANTSIZE QUANTITY
P-Small Stone Urns (90)Chrysanthemum 9” pots 90Yellow
P-Large Stone Urns (45)Juncus Twisted 1 gal45
P- Iron Urns (64)Kale- White 6” pots 89IDCUrns (25) Flowering
P-Small Stone Urns (60)
P- Large Stone Urns (240) Snapdragon- CoolP- Iron Urns (512) 4.5” 1,544BronzeMainStCastStone (192)
Sophia Sq Courtyard (540)
P- Small Stone Urns (10 flats)
P- Large Stone Urns (68 flats) Pansy- Matrix Amber 1801P- Iron Urns (44 flats) 162MixflatsIDCUrns (16 flats)
Sophia Sq Courtyard (24 flats)
Page 8of13
Fall Flowers Planting Details
PALLADIUM
SMALL STONE URNS (15):
Plant Size Per Urn Total Plants
Snapdragon Cool Bronze 4” 4 60
Chrysanthemum Yellow (Pale Yellow if available) 4” 6 90
Pansy Matrix Amber Mix 1801 12 plants 10 flats
LARGE STONE URNS (15):
Plant Size Per Urn Total Plants
Juncus Twisted 1 gal 5 45
Snapdragon Cool Bronze 4” 16 240
Pansy Matrix Amber Mix 1801 80 plants 68 flats
STONE PLANTERS (15):
Plant Size Per Urn Total Plants
Empty for Fall
IRON URNS (64):
Plant Size Per Urn Total Plants
Flowering Kale White 6” 1 64
Snapdragon Cool Bronze 4” 8 512
Pansy Matrix Amber Mix 1801 12 plants 44 flats
Page 9of13
INDIANA DESIGN CENTER
5 LARGE URNS & 6 SMALL URNS)
Plant Name Size Quantity
Pansy- Matrix Amber Mix- 1801 16 flats
Flowering Kale White- 4.5” 25 plants
Large Urns (5) (West side of property)-
Kale- 5 plants near center
Pansy- 2 flat per urn
Pansies are mixed around edge of urn
Small Urns (6) (2 on S side, 4 on N side)-
Pansy- 1 flat per urn
MAIN ST. CAST STONE PLANTERS (32 TOTAL)
Plant Name Size Quantity
Snapdragon- Cool Bronze 1801 48 flats
Each large planter gets approx.. 6 plants of each Snapdragon.
Sophia Square Courtyard
Plant Name Size Quantity
Pansy- Matrix AmberMix 1801 24
Snapdragon- Cool Bronze 4.5” pots 540
Each 2-ball topiary planter base gets 2flats of Pansies.
Each rectangular planter gets 30 Snapdragon.
Page 10of13
WINTER PLANTING DETAILS
WINTER
LOCATIONPLANTSIZEQUANTITY
Main St Stone Planters (32) Low growing Juniper 3 gal 32
Sophia Square Courtyard (72)Decorative Winter 12” 200
Palladium Planters/ Urns (64)Décor with insert
IDC Urns (64) Ornamentation
Palladium Planters/ Urns (30)Decorative Winter 21” 60
IDC (30)Décor with insert
Ornamentation
Palladium Planters/ Urns (15)Fresh Garland Rolls75’ roll 15
Page 11of13
Main St Stone Planter:
Plant Name Size Quantity
Low growing Juniper 3 gal 32
Each planter gets one juniper inthe center.
Sophia Square Courtyard
18 RECTANGULAR STONE PLANTERS
AND BASE OF 12 TOPIARY PLANTERS)
Sophiasquare:The topiaries are NOT to have any decorations.
Only the 18 rectangular stone planters will have winter décor.
Plant Name Size Quantity
Winter decorative mix pots 12” insert 72
4- 12” pots per planter: 72 pots total for this area
Page 12of13
Palladium Planters & Urns
Plant Name Size Quantity
Winter decorative mix pots 12” insert 64
Winter decorative mix pots 21” insert 30
Fresh Garland Rolls 75’ roll 15
4- 12” pots per planter: 72 pots total for this area
Small Stone Urns (15)- will get 1, 21” insert- 15 total
Large Stone Urns (15)- will get 1, 21” insert- 15 total
Stone planters (15)- will get 1, 75’ roll fresh garland- 15 rolls total
Iron Urns (64) will get 1, 12” insert- 64 total
Palladium Annual Bed Terms:
15 – Stone urns approximately 3 ft. wide (referred to as SMALL STONE URNS)
15 – Stone urns approximately 5 ft. wide (referred to as LARGE STONE URNS)
15 – Stone planters connecting the 3 and 5 ft. wide urns: each of these planters is
approximately 19” wide and about 23 ft. long (referred to as STONE PLANTERS)
64 – Iron urns approximately 18” planting width (referred to as IRON URNS)
Indiana Design Center
5 Large Urns & 6 Small Urns)
Plant Name Size Quantity
Winter decorative mix pots 12” insert 64
Winter decorative mix pots 21” insert 30
Small Urns (6)- will get 1, 12” insert- 6 total
Large Urns (5)- will get 1, 21” insert- 5 total
Page 13of13
City of Carmel Street Department
2023 Flower Maintenance- Service Contract
The City of Carmel would like to receive quotes for planting and maintaining Spring, Summer,
Fall annuals, and Winter décor for four areas in Carmel. Maintaining includes watering and
removing weeds from the planted areas. Some areas are irrigated but may still need supplemental
watering of the areas.
The four areas to be planted with annuals and annuals maintained are:
1. Main St. Cast Stone Planters (32 planters total- each opening approx. 24” wide)
2. Sophia Square Courtyard (18 rectangular planters and the base of 12 topiary planters)
3. Palladium Planters & Urns (15 small stone urns, 15 large stone urns, 15 stone planters, &
64 iron urns)
4. Indiana Design Center (5 large urns & 6 small urns)
The Carmel Street Department will be purchasing all annuals/perennials for this contract. The
Contractor will be required to install and maintain these plantings for Spring, Summer, Fall, and
Winter seasons.
A 2” layer of leaf compost is to be applied by the contractor to all planting beds, pots, or urns
and incorporated into a depth of 6” prior to planting of any annual or perennial. The contractor is
to supply the leaf compost.
The Contractor will be required to apply a three-month slow-release application of fertilizer, as
to manufacturer’s specifications, to all planting beds, pots, or urns after planting is complete.
The Contractor will also water all annuals/perennials immediately after planting and inform the
City by text or e-mail as to which areas have been completed.
The Contractor will be required to use dark brown dyed hardwood mulch around the annuals
after planting occurs if the soil is disturbed to have a completed finished look to each landscape
area. No more than 33% of soil or mulch shall be visible after planting any seasonal display.
rdSpringplantingistobegininthe3 week of March.
thSummerplantingistobegintheweekofMay11.
stFallplantingistobegininthe1 week of October.
ndWinterdécoristobecompletebeforethe2 Saturday in November.
Upon the completion of the growing season, the contractor will be required to pull all dead
annuals/ décor, trim all perennials that were planted, and remove and dispose of all plant material
from the planting beds.
Page 1of6
WinterDécorDetails
The Sophia Square topiaries are not to have any decorations.
Only the 18 rectangular stone planters will have winter décor.
Winter decorations are to include greens covering the entire planter opening to aheight of not
less than 1ft. high. All soil in the planters is to be covered with the winter décor. The center of
the urn is to be as high as the width of the urn, with the maximum height to be 6 ft tall. The
construction of the winter decorations is to be made in such a way so they will withstand winter
winds, storms, and snow. The Contractor is to maintain, repair, or replace any decorations that do
not withstand winter weather. Some urns contain irrigation systems. If any of these systems are
damaged during the installation of decorations, the Contractor is responsible for repairs.
The allowable material for each planter should be a mixture of:
Branches spray-painted white or gold
Cut eucalyptus
Dried hydrangea blooms
Dried Magnolia grandiflora branches
Evergreen boughs
Holly branches (both evergreen and deciduous)
Ilex verticillata
Pinecones
Red, Silver, or Gold ornaments
Any other festive plant materials approved by the City prior to installation
Page 2of6
WinterDecoration Examples
Page 3of6
Page 4of6
Page 5of6
End of Specifications
Page 6of6
2/2/2023
ENGLEDOW, INC
CARMEL, IN 46032 -
108497
1100 E 116TH ST
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
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
358653
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
73892
2201Department:2201Fund:Motor Vehicle Highway FND
43-509.00Account:
FlowerMaintenance1 $53,797.76 $53,797.76Each
53,797.76SubTotal
53,797.76
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. 108497
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
RESOLUTION NO. BPW 03-15-23-02
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 Traynor & Associates, Inc. - 560 3rd AveSW.docx3/6/2023 3:05PM
Exhibit A
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
February 10, 2023
Mr. Sergey Grechukhin
City of Carmel
1 Civic Square
Carmel, Indiana 46032
RE:Appraisal Report
Traynor # 23151
rd5603Ave SW
Carmel, Indiana 46032
Parcel # 29-09-25-405-011.000-018
Dear Mr. Grechukhin,
Traynor & Associates, Inc. is submitting a Letter of Engagement for a signed agreement to perform
an appraisal for the above referenced property. The appraisal report results will be communicated
in an appraisal of the market value, as per the Uniform Standards of Professional Appraisal Practice
USPAP).
The clientand intended useris the City of Carmel.The intended use is to estimate an “As Is”
exterior only)market value of the subject, referenced above, in order to provide an estimated
market value conclusion for the City of Carmel, the client, to assist in internal decision making.
The total fee for the appraisal is $2,000 and payment due upon completion ofthe report. In the
event, if it is necessary for you the client to stop work on the appraisal, you agree to pay for time
and costs incurred prior to the receipt of written notice of such a stop order. Our appraisal work
will start upon receipt of a signed copy of this letter of engagement. The fee for the appraisal is
for the service rendered and not necessarily the time spent in preparation of the actual physical
report.
The above fee does not include $125 per hour for research and deposition. The above fee does not
include a charge for court appearances or appearances before government agencies to give
testimony, if such should be required. The fee for such services will be Two Hundred Twenty Five
Dollars($225.00) per hour,with a minimum of Nine Hundred Dollars($900.00). These rates are
subject to change,but will remain valid for a period of six (6) months, from the date of execution
of this agreement. One half (½) days’ notice of the cancellation of a scheduled court appearance
is required and in lieu of such notice, the minimum appearance fee of Nine Hundred Dollars
900.00), will be charged. The minimum fee is due prior to testimony.
TH6750E75Street
Indianapolis, IN 46250
317)813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
The findings and conclusions of the appraisal will be reported to our client. The findings will not
be reported to any other individuals, unless we are otherwise authorized. It will be necessary for
us to disclose the fact that we are undertaking the appraisal as we proceed through the investigation
process. The evaluation and analysis of the subject property as it appears in the appraisal review
report will be the opinion of Joseph C. Traynor, his associates and staff. The fee for this appraisal
is not contingent upon any particular conclusions.
The appraiser’s liability to the client is limited to the amount of the fee as liquidated damages. The
appraisers hereby limit their liability to the client alone and the use of the appraisal by third parties
shall be at the risk of the client and/or the third party.
We will have the appraisals completed within 4 weeks, from the execution of this agreement. We
thank you for your interest in our firm’s services. If this contract meets with your approval, please
so indicate by your signature. Upon receipt, please return a signed copy.
Sincerely,
Joseph C. Traynor, MRICS
Indiana Certified General Appraiser #CG69100233
President
Traynor & Associates, Inc.
AcceptedBy:
Date:
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
ASSUMPTIONS ANDLIMITING CONDITIONS
THIS APPRAISAL IS SUBJECT TO THE FOLLOWING UNDERLYING ASSUMPTIONS
AND QUALIFYING AND LIMITING CONDITIONS:
1.This is an Appraisal Report, which is intended to comply with the reporting
requirements set forth under Standard Rule 2 2(a) of the Uniform Standards of
Professional Appraisal Practice for an Appraisal Report. As such, it includes a
discussion of the data, reasoning and analyses that were used in the appraisal
process to develop the appraiser’s opinion of value. It also includes descriptionsof
the subject property, the property's locale, the market for the property type, and the
appraiser’s opinion of the highest and best use.
2.The value of the property is expressed in dollars on the date specified and is subject
to any changes in the value of the dollar. All existing liens or encumbrances have
been disregarded and the property is appraised as though free and clear under
responsible ownership and competent management.
3.The legal description furnished is assumed to be correct. No survey was available
unless otherwise stated) and the dimensions used are from sources deemed to be
reliable.
4.All information and comments concerning the location, neighborhood, trends,
construction quality and costs, loss in value from whatever cause, condition, rents,
or any other data of the property appraised herein represent the estimates and
opinions of the appraiser, formed after an examination and study of the property.
5.All engineering is assumed to be correct. The plot plans and illustrative material in
this report are included only to assist the reader in visualizing the property.
6.It is assumed that there are no hidden or unapparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is
assumed for such conditions or for arranging for engineering studies that may be
required to discover them.
7.It is assumed that there is full compliance with all-applicable federal, state and local
environmental regulations and laws unless noncompliance is stated, defined and
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
considered in the appraisal report.
8.It is assumed that all applicable zoning and use regulations and restrictions have
been complied with, unless a nonconformity has been stated, defined and
considered in the appraisal report.
9.It is assumed thatall required licenses, certificates of occupancy, consents or other
legislative or administrative authority from any local, state or national government
or private entity or organization have been or can be obtained or renewed for any
use on which the value estate contained in this report is based.
10.It is assumed that the utilization of the land and improvements is within the
boundaries or property lines of the property described and that there is no
encroachment or trespass unless noted in the report.
11.The forecasts, projections or operating estimates contained herein are based upon
current market conditions, anticipated short term supply and demand factors and a
continued stable economy. These forecasts are, therefore, subject to changes in
future conditions.
12.In preparing this appraisal, the appraisers were required to rely on information
furnished by other individuals or found in previously existing records and/or
documents. While it is believed the information, estimates and analysis given and
the opinions and conclusions drawn therefrom are correct, the appraisers do not
guarantee them and assumes no liability for any errors in fact, in analysis, or in
judgment as a result of the inaccuracy of such information. No attempt has been
made to render an opinion of title or status of easements or of any other matter of a
legal nature.
13.The distribution of the total valuation in this report between land and improvements
apply only under the existing program or utilization. The separate valuations for
land and buildings must not be used in conjunction with any other appraisal and are
invalid if so used.
14.Possession of this report, or a copy thereof, does not carry with it the right of
publication, nor may it be used for any purpose by any but the client for whom it
was made without the consent of the appraisers or the client.
15.The fee for this appraisal does not provide compensation for conference or
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
testimony or attendance in court, with reference to the property in question.
16.This appraisal represents the independent opinions of the appraiser’sfree from any
commitments and free from any present or contemplated future interest in the
property, with the sole compensation for the employment being a fair professional
fee.
17.Neither the fee nor the employment to make the appraisal was contingent on the
value to be reported. Further, the appraisal was not based on a requested minimum
valuation, specific valuation or the approval of a loan.
18.The existence of hazardous material, whichmay or may not be present on the
property, was not observed by the appraisers. The appraisers have no knowledge
of the existence of such materials on or in the property unless specifically stated
within the appraisal report. The appraisers are not qualified to detect such
substances and no responsibility is assumed for any such conditions, or for any
expertise or engineering knowledge required to discover them. The client is urged
to retain an expert in this field, if there is any suspicion of hazardous material.
19.The presence of substances such as asbestos, urea-formaldehyde foam insulation,
radon gas, or other potentially hazardous materials may affect the value of the
property. The value estimate is predicated on the assumption that there is no such
material on or in the property that would cause a loss in value.
20.The Americans with Disabilities Act (“ADA”) became effective January 26, 1992.
It is possible that a compliance survey of the property, together with a detailed
analysis of the requirements of the ADA, could reveal that the property is not in
compliance with one or more of the requirements of the Act. Since we have no
direct evidence relating to this issue, we did not consider possible noncompliance
with the requirements of ADA in estimating the value of the property.
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
Traynor&Associates,Inc.
RealEstateAppraising &Consulting
TH6750E75Street
Indianapolis, IN 46250
317) 813-4990
www.traynorassociates.cominfo@traynorassociates.com
CzTfshfzHsfdivlijobu22;53bn-Nbs18-3134
Exhibit A
CzTfshfzHsfdivlijobu:;56bn-Nbs18-3134
Exhibit A
CzTfshfzHsfdivlijobu22;57bn-Nbs18-3134
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Provided City has paid Vendor for all amounts due under this Agreement, Vendor shall not cause or permit the
filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such
lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such
lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct, or take substantial steps to start correcting, such failure or breach within five (5) business days (or
such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from
City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general
assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder,
City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2)
exercise all other rights and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to
name City as an additional insured on all such insurance policies with respect to liability arising out of Services
performed by Vendor, but only to the extent of liabilities falling within the indemnity obligations of Vendor,
pursuant to the terms of this Agreement, shall promptly provide City, upon request, with copies of insurance
certificates evidencing such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor further agrees to indemnify, defend and hold harmless City
and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not
limited to, all court costs, reasonable attorney fees, and other expenses, to the extent caused by any negligent
act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors
in the performance of this Agreement. These indemnification obligations shall survive the termination of this
Agreement.
S:\\Contracts\\Departments\\IT - Information Systems\\2023\\Converginet Technologies, LLC Goods and Services.docx:2/27/2023 11:51 AM\]
2
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign this Agreement, and shall not delegate its obligations under this Agreement without
City’s prior written consent. Notwithstanding the foregoing, Vendor may assign this Agreement without notice
or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Vendor,
or (ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests of Vendor, or a
sale of all or substantially all of the assets of Vendor to which this Agreement relates.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement.
S:\\Contracts\\Departments\\IT - Information Systems\\2023\\Converginet Technologies, LLC Goods and Services.docx:2/27/2023 11:51 AM\]
3
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
for its conflict of laws provisions. The parties agree that, in the event a dispute hereunder, parties shall first
attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized
officers of each party. If settlement attempts are not successful, unless the dispute required injunctive relief,
then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect by a
single arbitrator and shall be a final binding resolution of the issues presented between the parties. The
prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. Any aware by the arbitrator
may be entered as a judgment in any court having jurisdiction. All arbitrations will be held in Hamilton County,
Indiana only.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Information Systems Department Office of Corporation Counsel
st311 Ave NW One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Convergint Technologies, LLC
One Commerce Drive
Schaumburg, Illinois 60173
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination and of non-
cancelable commitments made reasonably and prudently prior to receipt of notice of termination
provided that Vendor delivers to City anything deliverable pursuant to such non-cancelable
commitments and provides reasonable, supporting documentation for such expenses, except that
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4
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless
the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 19 hereof, as appropriate.
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City. Certain types of goods and services may be
subject to additional terms and conditions as set forth or provided subject to a separate agreement. Any and
all alarm monitoring services, which may be included in the Services, shall be solely and entirely provided
subject to the terms of a separate alarm monitoring services agreement between Vendor and City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
S:\\Contracts\\Departments\\IT - Information Systems\\2023\\Converginet Technologies, LLC Goods and Services.docx:2/27/2023 11:51 AM\]
5
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
29. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition contained
in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement
may only be modified by written amendment executed by both parties hereto, or their successors in interest.
S:\\Contracts\\Departments\\IT - Information Systems\\2023\\Converginet Technologies, LLC Goods and Services.docx:2/27/2023 11:51 AM\]
6
Convergint Technologies, LLC
Information Systems Department - 2023
Appropriation #1115 0 44-632.01 Capital Lease Fund; P.O. #108512
Contract Not To Exceed $618,282.07
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Convergint Technologies, LLC
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\\IT - Information Systems\\2023\\Converginet Technologies, LLC Goods and Services.docx:2/27/2023 11:51 AM\]
7
Exhibit A
9750 E150th street, Indianapolis, Indiana 46060
Phone Mobile 765-393-7443
darren.gray@convergint.com
December 19, 2022
City of CarmelQuotation:DG00511051P
City of Carmel - Information and Communication SystemsRFP#:
31 1st Avenue N.W. Carmel, Indiana 46032License/Cert
Attention: Morgan Rinehart
Reference: OMNIA Contract #R220702 - Genetec Upgrade
OMNIA Contract #R220702
On behalf of Convergint’s global network of colleagues, I would like to personally thank
you for providing Convergint with the opportunity to present this proposal addressing your
electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today, and in the future.
Convergint’s reputation for service excellence is backed by a foundational commitment
to our core value of service, and we have been recognized as the #1 Systems Integrator
by SDM Magazine. This recognition reflects the strong relationships Convergint has
developed with the industry’s top technology manufacturers, and our history of success
with providing exceptional service to our customers.
Our guiding principle has always been to be our customers’ best service provider. Our
dedicated and certified team of professionals strives to uphold our customer-focused,
service-based mission to make a daily difference for our customers. After achieving a
successful on-time and on-budget project installation, Convergint will provide you with the
industry’s best ongoing service, including our 24/7 customer portal iCare, designed to
track service work orders, project progress, and provide you with detailed metric reporting
for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single
point of contact, please feel free to contact me with any additional questions you may
have. Thank you again for trusting Convergint as your partner.
Scope of Work
Provide
Materials
LineQtyPartDescriptionManufacturer
1OMNIA Contract Number R220702
GSC- 1Connection to an Intercom Station including240.00SIPELIA-Genetecfailoverandbidirectionalaudioandvideorecording1SIP
Streamvault™ 4020EX Series - 2U 26-Bay
Appliance 416TB Raw RAID 62xXeon Silver 4216
SV-4020EX-32GB RAM 2x 240GB M.2SSD 26x 16TB NLSAS 2x
311.00R26-416T-1GbE RJ45 2x 10GbE SFP+ 2x 1100W PSU Genetec
16-216Windows Server 2019 Standard 5YR NBD KYHD
Warranty - Genetec™ Security Center pre-installed.
License sold separately.
Streamvault™ 1020E Series - 1U 2-Bay Rackmount
Analytics Appliance 1x NVIDIA Quadro 2000 Series
GPU (1) Core i9-9900k 16GB 1x 256GB M.2 SSD 1xSVA-1020E- 41.001TB SATA 1x 1GbE RJ45 1x 10GbE RJ45 2x 550W GenetecR2-S2000-I9 PSU Windows 10 Embedded 5YR NBD KYHD
Warranty. Genetec Security Center pre-installed.
License sold separately.
SV-E-ACC- Streamvault™ Server (E) Upgrade - Enterprise
53.00SRV-16TB-16TB 3.5Dual Port 12G NLSAS Drive, Compatible Genetec
SASwith R4, R14, R18, R26 Chassis
ADV-CAM- Genetec™ Advantage for 1Omnicast™ Enterprise640.00GenetecE-5YCamera 5 years
Genetec™ Advantage for 1Sipelia™ Intercom740.00ADV-SIP-5YGenetecconnection - 5Years
GSC-Om-E- 8400.001 camera connectionGenetec1C
9Sourced Good
LineQtyPartDescriptionManufacturer
Genetec Security Center Base Enterprise Package.
Synergis Enterprise: Access Manage support,
Remote Security Desk, Badge Designer. Omnicast
Enterprise: Archiving & Auxiliary Archiving support,
Media Router, Audio, Remote Security Desk,
Camera Sequences, Camera Blocking, Camera
Dewarping, Failover Cameras, Hardware Matrix
Support, Time Zone, Edge recording, trickling &
archive transfer, Keyboard & Joystick Support.
AutoVu Standard. Threat Level, Plan ManagerGSC-Base- 101.00Advanced for GIS Map servers (unlimited entities), GenetecERestrictedSecurityAreaSurveillanceStandard
package, Active Directory Integration, 1
authentication role, 1Active Directory Federation
services, Failover Directory Role, Intrusion Manager,
Sipelia Base, Import Tool, Max Occupancy,
Mustering Task, Visitor Management Module,
Sipelia Public Address, SIP Trunking. 300 channels
of KiwiVision Video Analytics for Privacy Protector,
Security Analytics and People Counter. Includes 5
client connections (Security Desk, Web or Mobile)
111.00GSC-5.11Software VersionGenetec
Site License for Genetec™ Security Desk clientGSC- 121.00connections (incl. Web Client & Mobile) (Only GenetecLOGIN-SITE available with Security Center Enterprise package).
Unified Real-Time Situational Intelligence Platform
GSC-JPS-for Law Enforcement. Real-Time Crime Center131.00GenetecCG-BASEbackbone enhancing all response and investigations.
Small agencies up to 50 sworn officers
Annual Professional Services Project Management
bulk upload, System Upgrade & Planning, Health &
PS-JPS-CG-Cybersecurity Audits; System Optimization forLaw
145.00SERVICES-Enforcement (1days); System Federation Genetec
SMALLConfiguration (5); On-Site Law Enforcement Training
1days); Continuous Genetec Learning Seats (LMS)
10).
GSC-JPS- Citigraf LE Add-on Package for CAD and AVL API151.00CG-ADD-ON-Genetecintegration (integration work not included) CAD-AVL
16Labor wasQuoted IAW OMNIA Contract R220702
618,282.07TotalProject
Price
ClarificationsandExclusion
1.Allworkproposedherein,shallbeperformedduringnormalbusinesshoursMonday
throughFriday8:00am-5:00pm.
2.Lowvoltagewiringshallbeinstalledviaopenaircodeapprovedmethods.
3.Provisionorinstallationofconduit,wire,boxes,fittingsorotherelectricalinstallation
materialsunlessspecificallylistedunderInclusionsorBillofMaterials.
4.Permitsorassociatedfeesarenotincluded.
5.CustomertoprovidestaticIPaddressesandnetworkconnectionsatpanellocations.
6.Customertoprovideasecuredstaging&storageareaforprojectrelatedmaterials.
7.PricingassumesthatelectronicAutoCADfilesareavailablefromcustomerforour
useincreatingsubmittaldrawings.
8.Twenty-Fivepercent(25%)oftheproposedsellpriceshallbepayabletoConvergint
forprojectmobilization. Mobilizationshallbeinvoicedanddueuponcustomer
acceptanceofthisproposal.
9.Proposaldoesnotincludesalestaxunlessotherwisenoted.
10.AnythingintheContractDocumentsnotwithstanding,innoeventshalleither
ContractororSubcontractorbeliableforspecial,indirect,incidentalorconsequential
damages,includingcommercialloss,lossofuse,orlostprofits,evenifeitherparty
hasbeenadvisedofthepossibilityofsuchdamages.
11.Convergintreservestherighttonegotiatemutuallyacceptablecontracttermsand
conditionswithcustomerbymakingmutuallyagreeablechangestotheformal
contractincludedintheBidDocuments.
12.Customeracknowledgesthatsupply-chainandshippingdifficultiesmayresultin
unavoidabledelaysindeliveriesofmaterialsdespitetimelyplacementofordersand
effortsbyConvergintanditssupplierstoavoidsuchdelays.Customeragreesto
provideConvergintwithreasonableextensionsoftimetotheextentofanysuch
delaysandConvergintagreestomakereasonableeffortstoavoidorminimizesuch
delays. Customerfurtheracknowledgesthattheabove-referencedsupply-chain
andshippingdifficultiesmayresultinunanticipatedincreasesto Convergint’s
proposalpricingonproductscoveredbythisquoteoranyresultingagreementand
thatsuchincreasesmayoccurbetweenthetimethisquoteisprovided,orany
resultingcontractisexecutedandthetimewhenConvergintactuallypurchasesthe
productscoveredbythisquoteoraresultingagreement. Customeragreesthatit
willpayanysuchincreasein Convergint’sinitialpricingofobtainingtheproducts
abovetheproposalpricinguponwhichthequoteoragreementwasbased,by
changeorderorotherwise,andConvergintagreesthatitshallmakecommercially
reasonableeffortstominimizeanysuchincrease.
PerformanceItems
ItemsIncluded
ItemsExcluded
120VACPowerandFusedDisconnectSwitch120VACPowerReceptacles
AdditionalLightingRequirementsforCamerasApplicableTaxes
AttendGeneralContractorProjectMeetingsAttendOwnerProjectMeetings
AuthorityhavingJurisdictionpermitdrawingCable
requirescustomerCAD)
CeilingTilesandCeilingGridRepairsConnectiontoBuildingFireAlarmPanel
CorrectionofWiringFaultsCausedbyOthersDoorwiringtypicalconnections
ElectricalInstallationPermitElectrifiedDoorLockingHardware
EngineeringandDrawingsEquipmentracklayoutdrawing
FAPermitandPlanReviewFeesFireStopping(ExcludesExistingPenetrations)
FireWatchFloorCoveringsforLifts
FloorplanwithdeviceplacementandnumberingFreight(prepaid)
requirescustomerCAD)
HorizontalCoreDrillingInstallationofBridleRings
InstallationofCCTVCamerasInstallationofConduit,BoxesandFittings
InstallationofControlEquipmentEnclosuresInstallationofControlPanels
InstallationofIntercomSystemsInstallationofIntrusionPanels
InstallationofLowVoltageWireInstallationofNetworkCablingtoCardReaders
InstallationofNetworkCablingtoIPCamerasInstallationofNetworkCablingtoIPIntercoms
InstallationofSpecialtyBackboxesInstallationofTerminalCabinets
InstallationofVideoRecorders(DVR/NVR)InstallationofWireandCable
InstallationofWireHangarsLifts
LoadingSoftwareonCustomerProvidedLowVoltagePermits
Computer
Material(listedintheBOM)Mounting/TerminationofProposedDevices
On-SiteLockableStorageFacilityOne-YearWarrantyonLabor
One-YearWarrantyonPartsOperations&MaintenanceManuals
OwnertoProvideDHCPLeaseReservationsforOwnertoProvideStaticIPAddresses
NetworkConnectedDevices
OwnerTrainingPanelWallElevationdrawing(mayrequire
customerCAD)
PanelwiringwithpointtopointconnectionsPatchandPaint
Payment&PerformanceBondsProjectManagement
RecordDocumentation(As-Built)Riserdrawingwithhomerunwiring
ServersbyConvergintServersbyOthers
SpecialtyBackboxesSubmittalDrawings
SystemEngineeringSystemisDesign-Build
SystemMeetsPlans/DrawingsSystemProgramming
TerminalCabinetsTerminationofControlEquipmentEnclosures
TestingofallProposedDevicesVerticalCoreDrilling
WireWorkstationsbyConvergint
WorkstationsbyOthers
Total Project Investment:$ 618,282.07
Thank you for considering Convergint for your Security needs. If you have any questions
or would like additional information, please don'thesitate to contact me immediately. If you
would like toproceed with the scope of work as outlined in this proposal, please sign below
and return to my attention.
Sincerely,
Darren Gray
Convergint
Darren Gray
By signing below, I accept this proposal and agree to the Terms and Conditions contained
herein
Morgan RinehartDecember 19, 2022
Customer Name (Printed)Date
Authorized SignatureTitle
Convergint Technologies Install Terms & Conditions Version 2.0 November 2022
Throughout this Installation Proposal, the term, “Convergint” refers to the Convergint Technologies affiliate Convergint shall maintain the following insurance coverages during the term of this Agreement and upon
operating in the state/province in which the Work is being performed.request, shall provide certificates of insurance to the Customer:
SECTION 1. THE WORK Worker’sCompensationStatutory Limits
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, Employer’sLiability$1,000,000 per occurrence/aggregate
and oral agreements or representations relating to the work set forth in the attached scope of work, including Commercial General Liability$1,000,000 peroccurrence
without limitation, goods, services, equipment and software, (“Work”). This Installation Proposal commences on 2,000,000 general aggregate
the Start Date as specified in the attached scope of work and, subject to any addendums, represents the entire Automobile Liability$1,000,000 per occurrence/aggregateagreementbetweenConvergintandCustomer (the “Agreement”). In the event any provision of this Agreement Excess/Umbrella Liability$5,000,000 peroccurrence/aggregate
is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain infull force.
Convergint’sinsurance is limited to the coverages listed above and Convergint will not provide Builder’s Risk
Convergint agrees in accordance with the mutually agreed project schedule: Insurance. Commercial General Liability policy shall name the Customer as “additional insured” on aa.To submit shop drawings, product data, samples and similar submittals if required in performing the primary/noncontributory basis with respect to liability arising out of work performed by Convergint, as applicable,
Work; but only to the extent of liabilities falling within the indemnity obligations of Convergint pursuant to the terms of this
b.To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup and Agreement. Convergint shall provide to the Customer no less than thirty (30) days’ notice prior tothe
documentation required to perform the Work inaccordance with the Agreement; termination or cancellation ofany such insurance policy.
c.Secure and pay for permits and governmental fees, licenses, and inspections necessary for proper SECTION 8. INDEMNIFICATIONexecutionandcompletionoftheWork, unless local regulations provide otherwise; and To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and againstd.Hire subcontractors and order material to perform part of the Work, ifnecessary, while remaining claims, damages, losses and expenses (excluding loss of use) attributable to bodily injury, sickness, disease orresponsibleforthecompletionoftheWork. death, or to destruction of tangible property, but only to the extent caused by the negligent acts or omissions of
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint: Convergint or Convergint’semployees or subcontractors while on Customer’s site.
a.To promptly approve submittals provided byConvergint; Itis understood and agreed by the parties that Convergint is or may be providing intrusion products whichb.To provide access to allareas ofthe facility which are necessary tocomplete the Work; are designed to provide notification of certain events but are not intended to be guarantees or insurersc.To supply suitable electrical service as required by Convergint; and against any acts for which they are supposed to monitor or inform. Convergint’s indemnification obligationd.That in the event of any emergency or systems failure, reasonable safety precautions will be taken by pursuant to Section 8herein, does not apply to the extent the loss indemnified against is caused by any
Customer to protect life and property during the period from when Convergint is first notified ofthe intrusion product or software provided by but not manufactured by Convergint. Convergint shall have no
emergency or failure and until such time that Convergint notifies the Customer that the systems are liability to Customer for any losses to the extent such losses are caused by the intrusion product or
operational or that the emergency has cleared. software. Customer shall indemnify, defend, and hold harmless Convergint, from and against all claims,
lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extentNomonitoringservicesorsoftwarecapableofobtainingwhatmaybecharacterizedasbiometric
caused by such intrusion product or software provided by but not manufactured by Convergint. information are included in the Work. Any such services shall be governed by aseparate agreement.
SECTION 9 LIMITATION OF LIABILITYTitletotheWork, including any materials comprising the Work, shall pass to Customer as the Work is
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT ORcompletedandthematerialsareincorporatedintotheWorkatCustomer'ssite subject to any license
CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL ORagreements. Ifmaterials are earlier stored on Customer's site pursuant to agreement between Customer
CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer
EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEsite.
LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON
SECTION 2. PRICING CONTRACT, TORT OR OTHER THEORY AND (B). IN NO EVENT WILL CONVERGINT BE LIABLE TOPricingandamountsproposedshallremainvalidfor30daysunlessotherwisespecified. Price includes only the CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TOmateriallistedbasedonConvergint’sinterpretation of plans and specifications unless noted otherwise. Additional CONVERGINT UNDER THIS AGREEMENT.
equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada
SECTION 10. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALSGST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice toCustomer.
Convergint will comply with all laws and regulations applicable toits provision of the Work. Customer will comply
SECTION 3. INVOICE REMITTANCE AND PAYMENT with all applicable laws and agreements applicable to its use and operation of the Work. Convergint shall comply
Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee at the time with all safety related laws and regulations and with the safety program ofthe Customer, provided such programofexecutingthisAgreement. issupplied to Convergint prior to beginning Work.
If the Work is performed over more than one month, Convergint will invoice Customer each month for the Work In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe workingperformedduringthepreviousmonth. Customer agrees to pay the amount due to Convergint as invoiced, conditions at Customer’s facility where the Work is to be performed, Convergint is entitled to stop the Work atwithinthirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer that facility if such hazardous materials, or unsafe working conditions were not provided by or caused byagreestopayConvergintinfullaftertheWorkhasbeencompletedwithinthirty (30) days of the date of invoice. Convergint. Convergint in its sole discretion shall determine when it is “safe” to return to perform the Work at
Invoices shall not include or be subject to aproject retention percentage. If Customer is overdue in any payment, Customer’s facility. Convergint shall have no responsibility for the discovery, presence, handling, removing orConvergintshallbeentitledtosuspendtheWorkuntilpaid, and charge Customer an interest rate 1 and 1/2% disposal of or exposure of persons to hazardous materials in any form at the Customer’s facility. To the fullestpercentpermonth, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other extent allowed by law, Customer shall indemnify and hold harmless Convergint from and against claims, legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that damages, losses and expenses, including but not limited to, reasonable attorney’s fees, arising out of or
become overdue, including attorney fees, court costs and any other reasonable expenditure. resulting from undisclosed hazardous materials, or unsafe working conditions at Customer’sfacility.
SECTION 4. WARRANTY SECTION 11. PERSONAL DATA
For the period of one (1) year, commencing at the earlier of substantial completion of the Work or first beneficial This Agreement does not authorize Convergint to access, collect, store or process any biometric informationuse, (“Warranty Period”), the: although the equipment or products included in the Work (including embedded software) installed by
a.Work performed under this Agreement will be ofgood quality; Convergint are capable of collecting biometric information. Customer agrees and will comply with any and
b.Equipment will be new unless otherwise required or permitted by this Agreement; all applicable local, state or federal laws, ordinances, rules or regulations (collectively, “Laws”) with respect
c.Work will be free from defects not inherent inthe quality required or permitted; and to collecting biometric information using the equipment or products provided under this Agreement.
Notwithstanding the foregoing, to the extent Customer uses the Work to collect biometric information ord.Work will conform to the requirements ofthis Agreement.
provides Convergint with access to biometric information, Customer acknowledges that Laws may limitTheCustomer’ssole and exclusive remedy for any breach of this warranty is that Convergint shall remove,
Customer’s rights and impose obligations with respect to use of software capable of collecting biometricreplaceand/or repair at its own discretion and expense any defective or improper Work discovered within the
information, including any hardware or other software and services associated with the biometricWarrantyPeriod, provided Convergint is notified in writing of any defect within the Warranty Period.
information, and agrees that Customer is solely responsible to ensure its own compliance with such Laws. Any software, equipment or products included in the Work and installed by Convergint shall only carry such To the fullest extent allowed by law, Customer will defend, indemnify and hold Convergint harmless fromwarrantyasisprovidedbythemanufacturerthereof, which Convergint hereby assigns to Customer without and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, recourse to Convergint or which is exclusively granted to customer in the software documentation. Upon request costs and expenses arising out of or relating to Customer’suse or collection of biometric information. of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such
SECTION 12. PRICE ADJUSTMENTthird-party warranties. This warranty excludes remedy for damage or defect caused by abuse, theft, neglect,
Convergint may automatically adjust the price, with five (5) days prior written notice, if based on: (a) modifications not executed by Convergint, improper or insufficient maintenance, improper use or operation; fire,
changes by its vendors to the cost of equipment and/or products to be delivered and/or labor costs relatedexplosion, water exposure, corrosion, rust, adverse environmental conditions or resulting from accidents, or any
to personnel responsible for performing the Work, (b) macroeconomic conditions, such as taxes, tariffs orotherActsofGod; fluctuations in the building power supply, failure to provide a power supply, or operating an
duties, natural disasters, labor shortages/strikes, etc., (c) applicable market trends, or (d) other events notenvironmentthatdoesnotconformtothemanufacturer’sspecifications; repair, service, adjustment, tampering or
within Convergint’scontrol that impact the cost of performing the Work. The variation in the cost of themodificationoftheequipmentbyanyoneotherthanConvergintservicepersonnel; negligence or acts or omissions
equipment, products and/or labor shall be consistent with applicable market indexes, where available, of Customer or any third party (excluding aConvergint service personnel); or normal wear and tear under normal
third-party sources or other evidence. Convergint reserves the right to add periodic surcharges to thisusage. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER
order, including without limitation, adjustments for the then current price of fuel, such surcharges to beWARRANTIESORGUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS
specified and invoiced by Convergint. OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. SECTION 13. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt toSECTION5. CHANGES
resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers ofWithoutinvalidatingthisAgreementoranybondgivenhereunder, Customer or Convergint may request changes
each company. If settlement attempts are not successful, unless the dispute requires injunctive relief, then theintheWork. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If
dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with theCustomerordersanyadditionalWorkorcausesanymaterialinterferencewithConvergint’sperformance ofthe
Construction Industry Arbitration Rules of the American Arbitration Association currently in effect by a singleWork, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement
arbitrator and shall be a final binding resolution of the issues presented between the parties. The prevailingPrice, including a reasonable allowance for overhead andprofit.
party shall be entitled to recover its reasonable attorneys’ fees and costs. Any award by the arbitrator may beSECTION6. FORCE MAJEURE entered as a judgment in any court having jurisdiction. Neither Customer nor Convergint shall be responsible or liable for or be deemed in breach of this Agreement
SECTION 14. MISCELLANEOUSbecauseofanydelayorfailureintheperformanceoftheirrespectiveobligationspursuanttothisAgreement
This Agreement shall be governed and construed inaccordance with the laws of the state/province in which theduetocircumstancesbeyondtheirreasonablecontrol (“Force Majeure”) and without the fault or negligence of
Work isbeing performed. Neither party to this Agreement shall assign this Agreement without the prior writtenthepartyexperiencingsuchdelay. A Force Majeure event shall include, but not be limited to: acts of God,
consent of the other party hereto. Notwithstanding the foregoing, Convergint may assign this Agreement withoutpandemicorepidemic, diseases, quarantines, unavoidable casualties, concealed conditions, acts of any
notice or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned bycivilormilitaryauthority; riot, insurrections, and civil disturbances; war, invasion, act of foreign enemies,
Convergint; or (ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests ofhostilities (regardless of whether or not war is declared), rebellion, revolution, terrorist activities; strikes,
Convergint, or asale of all or substantially all of the assets of Convergint to which this Agreement relates. lockouts or other labor disputes; embargoes; shortage or unavailability of labor, supplies, materials,
equipment or systems; accident, fire, storm, water, flooding, negligence of others, vandalism, power failure, Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of
installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting, the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was
transportation contingencies; laws, statutes, regulations, and other legal requirements, orders or judgements; acts sent. In no event will Convergint be obligated to comply with any project labor agreements or other
or order of any government or agency or official thereof, other catastrophes or any other similar occurrences. If collective bargaining agreements
performance by either party is delayed due to Force Majeure, the time for performance shall be extended fora A waiver ofthe terms hereunder by one party tothe other party shall not beeffective unless inwriting and signedperiodoftimereasonablynecessarytoovercometheeffectofthedelay. Any services required by Convergint by aperson with authority to commit the Customer and Convergint. No waiver by Customer or Convergint shall
due toreasons set forth inthis Force Majeure Section shall be charged to Customer in addition toany amounts operate as a continuous waiver, unless the written waiver specifically states that itisa continuous waiver ofthedueunderthisAgreement. terms stated in that waiver. The Sections regarding invoicing, warranty, indemnity, and disputes shall survive
the termination ofthis Agreement. SECTION 7. INSURANCE
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
INDIANA RETAIL TAX EXEMPT
City ®f Carmel CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE 35-6000972
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO.
2/7/2023 377026
Page 1 of 1
PURCHASE ORDER NUMBER
108512
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Genetec Upgrade
CONVERGINT TECHNOLOGIES LLC ICS
VENDOR ONE COMMERCE DRIVE SHIP 31 1st Ave N.W.
TO
Carmel, IN 46032-
SCHAUMBURG, IL 60173 - Timothy Renick (317) 571-2576
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
73979
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1115 Fund: 0 Capital Lease Fund
Account: 44-632.01
1 Each Genetec upgrade $618,282.07 $618,282.07
Sub Total $618,282.07
Send Invoice To:
ICS Quote No. DG00511051 P - OMNIA PRICING - # R220702
Timothy Renick
311stAve N.W. Carmel,
IN 46032- 317)
571-2576 PLEASE INVOICE IN DUPLICATE DEPARTMENT
ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $
618,282.07 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 LABEL THIS
J
ORDER
ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND
ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Timothy
Renick James Crider TITLE
Director Director of Administration CONTROL
NO. 108512 CONTROLLER
CzTfshfzHsfdivlijobu2;23qn-Nbs18-3134
Exhibit A
INDIANA RETAIL TAX EXEMPT Page 1 of 1
City ®f Carme CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 108580
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032-2584
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
3/6/2023 358990 Airpacks and Cascade System
MUNICIPAL EMERGENCY SERVICES Carmel Fire Department
VENDOR PO BOX 856892 SHIP 210 Veterans Way
TO
Carmel, IN 46032-
MINNEAPOLIS, MN 55485--6892
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
74704
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1120 Fund: 0 Capital Lease Fund
Account: 44-670.99
1 Each Cascade System per Quote QT1652814 - GPO M-5699506 - $92,826.41 $92,826.41
SOURCEWELL 46434
1 Each SCBA's per Quote #QT1667425 - GPO Pricing - GPO #M- 1,429,548.73 $1,429,548.73
5699506
Sub Total $1,522,375.14
ill
Send Invoice To:
Carmel Fire Department
2 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $1,522,375.14
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 LABEL -
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY —
Denise Snyder James Crider
TITLE Accreditation/Budget Administrator Director of Administration
CONTROL NO. 108580 CONTROLLER
CzTfshfzHsfdivlijobu3;67qn-Nbs18-3134
Beard Equipment Company, Inc.
Brookshire Golf Course - 2023
Appropriation #1207 0 44-635.00 Capital Lease Fund; P.O. #108578
Contract Not To Exceed $127,692.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision
of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
S:\\Contracts\\Departments\\Golf Course\\2023\\Beard Equipment Company, Inc. Goods and Services.docx:3/7/2023 11:29 AM\]
2
Beard Equipment Company, Inc.
Brookshire Golf Course - 2023
Appropriation #1207 0 44-635.00 Capital Lease Fund; P.O. #108578
Contract Not To Exceed $127,692.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive
their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over same.
S:\\Contracts\\Departments\\Golf Course\\2023\\Beard Equipment Company, Inc. Goods and Services.docx:3/7/2023 11:29 AM\]
3
Beard Equipment Company, Inc.
Brookshire Golf Course - 2023
Appropriation #1207 0 44-635.00 Capital Lease Fund; P.O. #108578
Contract Not To Exceed $127,692.00
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Brookshire Golf Course Office of Corporation Counsel
12120 Brookshire Pkwy One Civic Square
Carmel, Indiana 46033 Carmel, Indiana 46032
If to Vendor: Beard Equipment Company, Inc.
331 South Cooper Ave
Cincinnati, Ohio 45215
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
S:\\Contracts\\Departments\\Golf Course\\2023\\Beard Equipment Company, Inc. Goods and Services.docx:3/7/2023 11:29 AM\]
4
Beard Equipment Company, Inc.
Brookshire Golf Course - 2023
Appropriation #1207 0 44-635.00 Capital Lease Fund; P.O. #108578
Contract Not To Exceed $127,692.00
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 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.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
S:\\Contracts\\Departments\\Golf Course\\2023\\Beard Equipment Company, Inc. Goods and Services.docx:3/7/2023 11:29 AM\]
5
Exhibit A
Quote Id: 28040742
Prepared For:
CITYOFCARMEL DBABROOKSHIRE GOLF CLUB
Prepared By:GarthKovener
Beard Equipment Company
331 South Cooper Avenue
Cincinnati,OH45215
Tel: 937-372-7746
Fax: 937-372-4390
Email:gkovener@beardequipment.com
Date:10 January 2023Offer Expires:28February 2023
Confidential
Quote Summary
Prepared For:Prepared By:
CITY OFCARMEL DBA BROOKSHIRE GOLF CLUB Garth Kovener
12120 BROOKSHIRE PKWY Beard Equipment Company
CARMEL, IN46033 331 South Cooper Avenue
Business: 317-846-7431 Cincinnati, OH45215
937-372-7746Phone:
gkovener@beardequipment.com
Quote Id:28040742
Created On:10January 2023
Last Modified On:23February 2023
Expiration Date:28February 2023
Equipment SummarySelling PriceExtendedQty
2023 LASTEC WZ1000$ 66,725.00X1=$ 66,725.00
2023LASTEC WZ800$ 60,967.00X1=$ 60,967.00
Equipment Total$ 127,692.00
Quote Summary
Equipment Total$ 127,692.00
0.00DELIVERY
SubTotal$ 127,692.00
0.00Est. Service Agreement Tax
Total$ 127,692.00
Down Payment(0.00)
Rental Applied(0.00)
Balance Due$ 127,692.00
Salesperson : X ______________Accepted By : X ______________
Confidential
SellingEquipment
Quote Id: 28040742Customer:CITY OFCARMEL DBA BROOKSHIRE GOLF CLUB
2023LASTECWZ1000
Hours:0
Stock Number:
CodeDescriptionQty
WZ1000Commercial ArticulatingZTRMower 1
with 120" (10') CuttingWidth, 49.6HP
Tier4KubotaTurboDiesel
Dealer Attachments
P848GatorMulching Blades5
P706Belt1
048722Belt1
063879Belt1
072698Belt1
2023LASTECWZ800
Equipment Notes:
Hours:0
Stock Number:
CodeDescriptionQty
WZ800CommercialArticulatingZTRMower 1
with 100" (8') CuttingWidth, 37.6HP
Tier4KubotaTurboDiesel
Dealer Attachments
P322GatorMulching Blades5
041630Belt1
049855Belt1
041630Belt1
124531Belt1
Confidential
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
CzTfshfzHsfdivlijobu21;57bn-Nbs19-3134
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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 0 44-628.71 2022
Bond 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 Two Hundred Seventy Six Thousand Four Hundred Twenty Dollars ($276,420.00) (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
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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\\ENG\\2023\\Clark Dietz, Inc. Professional Services.docx:3/7/2023 11:52 AM\]
3
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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
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4
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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\\ENG\\2023\\Clark Dietz, Inc. Professional Services.docx:3/7/2023 11:52 AM\]
5
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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
Engineering Department Office of Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
S:\\Contracts\\Departments\\ENG\\2023\\Clark Dietz, Inc. Professional Services.docx:3/7/2023 11:52 AM\]
7
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
PROFESSIONAL:
Clark Dietz, Inc.
125 W Church Street
Champaign, Illinois 61820
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\\ENG\\2023\\Clark Dietz, Inc. Professional Services.docx:3/7/2023 11:52 AM\]
8
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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\\2023\\Clark Dietz, Inc. Professional Services.docx:3/7/2023 11:52 AM\]
9
Clark Dietz, Inc.
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O.#108581
Contract Not To Exceed $276,420.00
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
Exhibit A
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
CzTfshfzHsfdivlijobu22;56bn-Nbs19-3134
Exhibit A
2/28/2023
AG PRODUCTIONS, LLC
NOBLESVILLE, IN 46060 -
108570
85 ASHBOURNE CIRCLE
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
VIDEO MARKETING, CONTENT MANAGEMENT AND
PRODUCTION
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
372634
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
74570
1203Department:101Fund:General Fund
43-419.70Account:
VIDEO MARKETING, CONTENT MANAGEMENT AND
PRODUCTION
1 $52,800.00 $52,800.00Each
52,800.00SubTotal
52,800.00
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. 108570
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck James Crider
Director Director of Administration
CzTfshfzHsfdivlijobu3;56qn-Nbs19-3134
CorGroup, LLC
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108571
Contract Not To Exceed $22,700.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision
of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
S:\\Contracts\\Departments\\ENG\\2023\\CorGroup, LLC Goods and Services.docx:3/2/2023 11:24 AM\]
2
CorGroup, LLC
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108571
Contract Not To Exceed $22,700.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive
their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over same.
S:\\Contracts\\Departments\\ENG\\2023\\CorGroup, LLC Goods and Services.docx:3/2/2023 11:24 AM\]
3
CorGroup, LLC
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108571
Contract Not To Exceed $22,700.00
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Engineering Department Office of Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: CorGroup, LLC
8760 Castle Park Drive
Indianapolis, Indiana 46256
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
S:\\Contracts\\Departments\\ENG\\2023\\CorGroup, LLC Goods and Services.docx:3/2/2023 11:24 AM\]
4
CorGroup, LLC
Engineering Department - 2023
Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108571
Contract Not To Exceed $22,700.00
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 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.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
S:\\Contracts\\Departments\\ENG\\2023\\CorGroup, LLC Goods and Services.docx:3/2/2023 11:24 AM\]
5
Exhibit A
CONSTRUCTION MANAGERS | UNDERGROUND UTILITIES | GENERAL CONTRACTORS
PROPOSAL
Drew Federau January 17, 2023
10620 NCollege Ave
Carmel, IN46280
Dear Drew,
Thank you very much for allowing CorGroup the opportunity topropose our construction services for your project at the
address above. That said, our proposal and work outline isbelow.
SCOPE:
Remove existing garage door
Frame infor exterior 3X7 door
Frame windows onboth side ofexterior door
Match allexisting siding inthe work area
Drywall interior side
Frame infor additional office space
Frame in for interior 3X 7door
Drywall interior walls
This proposal includes allthe following costs
o Permits
o Dumpsters
o Demolition
o Framing
o Drywall
o Paint
o Misc. Materials
Total Cost: $22,700 (Twenty-Two Thousand, Seven Hundred Dollars)
CorGroup requires a30% deposit of $6,800 with the balance upon completion ofthe final walk through.
We look forward toworking together.
Brian
Brian L. Andreatta
VPofFinance and Business Development
CorGroup, LLC
630-546-5852
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24
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
A
I'1City ®f Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE N0. 0031201550020
Page 1 0f 1
PURCHASE ORDER
FEDERAL EXCISE TAX EXEMPT 0 V J
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 I VENDOR N0. DESCRIPTION
2/27/2023 377068 20-ENG-02 - College Ave - Garage Replacement
CORGROUP LLC City Engineering's Office
VENDOR 8760 CASTLE PARK DR SHIP 1 Civic Square
TO Carmel, IN 46032-
INDIANAPOLIS, IN 46256 - Laurie Slick
PURCHASEID BLANKET CONTRACT PAYMENT TERMS FREIGHT
74524
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department., 2200 Fund: 0 2020 Road Bond
Account: 44-628.71
1 Each 20-ENG-02 - College Ave - Garage Replacement
Send Invoice To:
Jill Newport
CrossRoad Engineers, PC
115 N. 171h Avenue
Beech Grove, IN 46107
k
i pk
PLEASE INVOICE IN DUPLICATE
22,700.00 $22,700.00
Sub Total $22,700.00
DEPARTMENT ACCOUNTI ACCOUNT PROJECT I PROJECT ACCOUNT AMOUNTPROJECTACCOUNT AMOUNTT
PAYMENT $22,700.00
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 UNOBUGATED BALANCE IN
O.OD. SHIPMENT CANNOT BEACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY
James Crider
Director of Administration
CONTROL NO. 108571
TITLE
CONTROLLER
Jeremy Kashman
Director
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CFD Heavner 3-6-23
CPD Horner 3-6-23
CRED Brewer 3-7-23
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved vial Email
CFD Heavner 3-1-28
CPD Horner 2-28-23
CRED Brewer 3-8-23
--Close the part of Veterans Way that runs beside
the City Hall lawn.
--Close Gradle in between City Hall lawn and the
fountain. Gradle going West will be open.
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CFD Heavner 3-3-23
CPD Horner 3-3-23
CRED Brewer 3-8-23
Engineering & Parks
Approved route.
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CFD Heavner 3-1-23
CPD Horner 2-28-23
CRED Brewer 3-8-23
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CFD Heavner 3-1-23
CPD Horner 2-28-23
CRED Brewer 3-8-23
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CFD Heavner 3-1-23
CPD Horner 3-1-23
CRED Brewer 3-8-23
14328, 14340, 14352 Pemberton Lane and 3920 Pelham Rd.
Closing street in front of these addresses.
Clerk 3-8-23
BPW 3-15-23
Reviewed/Approved via Email
CPD Horner 2-9-23
CFD Heavner 2-10-12
CRED Brewer 2-28-23
----------------------------------------------
Clerk 3-9-23
BPW 3-15-23
Reviewed/Approved via Email
CPD Horner 3-9-23
CFD Heavner 3-9-23
CRED Brewer 3-9-23
CzTfshfzHsfdivlijobu2;66qn-Nbs12-3134
CzTfshfzHsfdivlijobu2;66qn-Nbs12-3134
CzTfshfzHsfdivlijobu23;48qn-Nbs13-3134
CzTfshfzHsfdivlijobu2;67qn-Nbs12-3134
CzTfshfzHsfdivlijobu23;48qn-Nbs13-3134
CzTfshfzHsfdivlijobu:;18bn-Nbs14-3134
Julia Bonnett
Director of Development & Administration
March 2, 2023
CzTfshfzHsfdivlijobu:;6:bn-Nbs17-3134
RESOLUTION NO. BPW 03-15-23-04
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 , 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 ArtsGrantTheGreat American Songbook Foundation.docx3/9/202311:25AM
1
RESOLUTION NO. BPW 03-15-23-03
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPROVING THE APPOINTMENT OF THE FIRE CHIEF’S EXECUTIVE ASSISTANTS
WHEREAS, the City of Carmel (“City”), under Carmel City Code § 2-3 and pursuant to Indiana
Code § 36-8-2-3, has established the City of Carmel Fire Department; and
WHEREAS, the Fire Chief has been appointed by the Mayor under Indiana Code § 36-4-9-6 and
Carmel City Code § 6-33; and
WHEREAS, Carmel City Code § 6-33(b) provides the Fire Chief with exclusive control over and
charge of the operations of the Carmel Fire Department, subject to lawful rules and orders, and, allows the
Chief, with the approval of the City of Carmel Board of Public Works and Safety, to appoint any number
of executive assistants the Chief deems necessary to efficiently discharge the Chief’s executive duties; and
WHEREAS, the Fire Chief now requests approval from the City of Carmel Board of Public Works
and Safety, subject to Carmel City Code § 6-33(b), to appoint executive assistants necessary to efficiently
discharge the Chief’s executive duties, as set forth below.
IT IS THEREFORE RESOLVED THAT:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City of Carmel Board of Public Works and Safety has reviewed the Fire Chief’s request and
hereby approves the appointment of the Fire Chief’s executive assistants, as set forth below:
Deputy Chief of Administration Lucas Ray
Deputy Chief of Operations Jason Wendzel
Battalion Chief (A-shift) Jeff Capshaw
Battalion Chief (B-shift) James (“JC”) Mitchell
Battalion Chief (C-shift) Marc Deitsch
Executive Officer (A-shift) Eric Frenzel
Executive Officer (B-shift) Jeremy Maners
Executive Officer (C-shift) Kevin Stindle
EMS Chief Andrew Young
Logistics Chief Scott Osborne
Planning Chief Joel Heavner
Safety & Training Chief Sean Sutton
Resolution No. BPW 03-15-23-03
Page One of Two
2
SO RESOLVED.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Mayor
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, City Clerk
Resolution No. BPW 03-15-23-03
Page Two of Two
E-154
9
3-HOOVER RD116TH ST
VU
50 C
C
C A AB C AB C
65
T
65
T
100
T
65
T
1612 17148111515
153
46P:15/102-B
AES TO RPL 40/45'1
@1/2 BILL TO AT&T
C421.02
February 2, 2023
Mr. Caleb Warner
City of Carmel - Board of Public Works
One Civic Square
Carmel, IN 46032
Dear Mr. Warner:
Subject: Rangeline Mixed-Use Development:
175 S. Rangeline Road
Carmel, IN 46032
CEC Project 325-748
Civil & Environment Consultants, Inc., on the behalf of Studio M Architecture, respectfully
request the following to be presented to the Board of Public Works for the 1.95 acre project located
at 175 S. Rangeline Road.
1. Request for lane closure/restrictions on Rangeline Road, 1st Street SE, 1st Avenue SE, and
Supply Street Way for utility connections and roadway repair.
2. Request for sidewalk closure/restrictions on Rangeline Road, 1st Street SE, 1st Avenue SE,
and Supply Street Way for utility connections and new sidewalk construction.
At this time, we ask to be placed on the agenda for the next available Board of Public Works
meeting. We appreciate your time and consideration of our request. Please call our office at (317)
655-7777 if you have any questions.
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
Nicholas Justice, PE
Project Manager