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HomeMy WebLinkAboutINDOT US 31 Relocation of water lines 146th/CC-08-05-13-07 • April2612 Extraordinary Agieeinent Work in Contract INDIANA DEPARTMENT OF TRANSPORTATION t < ' HIGHWAY UTILITY AGREEMENT bet Agreement Amount: $3771958.15 Des No: 0600430, 0600432, 0900267, 0900268 Agreement Type: Extraordinary cost. Project No:1297240 Work Description: Relocation of Road: U.S.31 Water Lines County: Hamilton This Agreement, made and entered into this day of , 20 , by And between City of Cannel 760 3rd Ave. SW Cannel, IN 46032 (hereinafter referred to as the Utility,) and the State of Indiana,through the,INDIANA DEPARTMENT OP TRANSPORTATION, (hereinafter referred to as INDOT). WITNESSETII: WHEREAS,INDOT desires to Lnprove US 31 in Hamilton County by adding travel lanes and interchange construction from 96th Street to 203rd Street as referenced by the Des No and Project No; given above (hereinafter referred to as the"prdjeet"); and WHEREAS,INDOT has determined that a portion of the Utility's relocation cost is eligible forie mltnrsernent by INDOT pursuant to I.C. 8-23-2-6(a)(I5)(A); WHEREAS, due to said"highway Construction certain adjustments,removals, alterations, and/or relocations of the existing facilities of the Utility will have to be made as shown on the plan marked Exhibit"A"attached hereto and incorporated by reference; WHEREAS, INDOT will recommend approval of this project,if applicable, to the Federal Highway Administration for consttuetion with funds apportioned to INDOT under Title 23,United'States Code and Acts amendatory thereof and supplementary thereto; Page 1 of 11 WHEREAS, it is necessary for the parties hereto to comply with the applicable terms and provisions of the Federal-Aid Policy Guide (hereinafter called the Policy Guide and available at http://www.lhwa.dot.gov/lersrees/directives/cfr23toc.htm on the FHWA website) and 23 CFR 645 Subpart A, which is hereby incorporated by reference, in order to receive reimbursement; NOW,THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL AGREEMENTS AND COVENANTS HEREIN CONTAINED (THE ADEQUACY OF WHICH CONSIDERATIONS AS TO EACH OF THE PARTIES TO THIS AGREEMENT IS HEREBY MUTUALLY ACKNOWEDGED), AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND INTENDING TO BE LEGALLY BOUND,THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: SECTION 1 —PREPARATION OF RELOCATION PLANS FOR INDOT'S CONSTRUCTION CONTRACT The Utility shall prepare, or cause to be prepared, all plans, specifications and a preliminary itemized cost estimate, for relocation of the Utility's facilities that need to be relocated in order to construct INDOT's project. INDOT's construction contract will require the contractor, which is awarded the contract, to list the Utility as an additional named insured. In addition, INDOT's construction contract will provide that the Utility is a third-party beneficiary with respect to the relocation work. No changes to the plans or specifications for relocation of the Utility's facilities shall be made without the written approval of the Utility. INDOT will prepare the final engineer's estimate for the construction contract. SECTION 2—AWARDING OF CONSTRUCTION CONTRACT INDOT will advertise one (1) contract for bids which includes the plans and specifications for relocation of the Utility's facilities and INDOT's plans and specifications for INDOT's project. Upon receipt of an acceptable bid in accordance with State law, INDOT will award a contract for construction of the work. The Utility agrees to have the contractor to whom INDOT awards the contract relocate the Utility's facilities. SECTION 3—CONSTRUCTION TESTING AND INSPECTION INDOT will provide construction inspection and testing services to monitor the contractor's relocation of the Utility's facilities. The Utility may inspect, at its own cost, the relocation of the Utility's facilities. The Utility shall timely advise INDOT, in writing, of any deficiencies that are observed. Prior to INDOT's final acceptance of the construction contract, the Utility shall make an inspection of the Utility's relocation work and advise INDOT in writing of the Utility's acceptance thereof. Such acceptance shall not be unreasonably withheld. SECTION 4—SUBORDINATION OF RIGHTS The existing facilities (are) (are not) located on public right-of-way. If such facilities are located on property, other than public right-of-way, and the Utility either has an easement thereon or a continuing right to maintain the facilities in that location, the Utility, for and in Page 2 of I I consideration of this Agreement, shall subordinate the Utility's rights herein to those of the INDOT in the highway right-of-way by executing a subordination Agreement. SECTION 5 —REIMBURSEMENT INDOT shall reimburse the Utility for one hundred percent (100%) of the cost of relocation minus betterment (as described below) that is in excess of the smaller of the following amounts: a) Ten percent (10%) of the total operating revenue received by the Utility during the Utility's most recent fiscal year; or b) Fifty percent (50%) of the total estimated cost of the INDOT's construction project. The estimated cost of relocation is $ 3.771,958.15 (See Exhibit"B" for an itemization.) The Utility represents that the total operating revenue received by the Utility during the utility's most recent fiscal year was $9,815,035.52. The estimated cost of betterment to the utility's facilities is $0.00. The total estimated cost of INDOT's construction project is $240,000,000. Therefore the estimated amount of the Utility's cost of relocation to be reimbursed by INDOT through payment to our contractor is $2,790454.60. The Utility understands that INDOT will not reimburse the Utility for the cost of the betterment. The Utility has appropriated, duly made and entered of record, the sum of$ 981,503.55 to apply to the cost of the project. A copy of the Utility's official record wherein such appropriation was made is attached as Exhibit "C". The Utility will submit invoices to INDOT for reimbursement of reasonable, necessary, and actual costs for engineering services and the costs to acquire easements to relocate the facility. The utility will have submitted prior estimates for these for preapproval. SECTION 6—COMPLETION OF PROJECT Upon final acceptance of the contractor's work (the construction contract) by INDOT, the Utility shall be responsible for maintenance, repair, and/or reconstruction of the Utility's facilities. SECTION 7—WAIVER In consideration for INDOT's participation in this contract, the Utility waives any claim, demand, or expectation it may have in the future against INDOT based upon any negligent omission and/or commission by INDOT's contractor performing the relocation of the Utility's facilities. SECTION 8—PAYMENTS Within forty-five (45) days after the contract is awarded, the Utility shall pay INDOT a sum equal to one hundred percent (100%) of the Utility's share of the bid price for construction Page 3 of I I as stated above in Section 5. If an Advice of Change Order (AC) is approved which increases the Utility's share of the project cost, the Utility shall pay INDOT within thirty (30) days a sum equal to one hundred percent (100%) of such increased cost. If the Utility's share is less than the amount the utility has contributed, then INDOT will refund the difference within thirty (30) days. All payments to the Utility shall be made in arrears in conformance with State fiscal policies and procedures and, as required by IC 4-13-2-14.8, by electronic funds transfer to the financial institution designated by the Utility in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this agreement except as permitted by IC 4-13-2-20. SECTION 9 — BINDING UPON SUCCESSORS OR ASSIGNS This Agreement shall be binding upon the parties and their successors and assigns. SECTION 10— GENERAL LIABILITY PROVISIONS The Utility for itself, its employees, agents and representatives, shall indemnify, protect and save harmless the Indiana Department of Transportation, and the State of Indiana from and against any and all legal liabilities and other expenses, claims, cost, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter "Claim"), arising out of intentional tortious acts or whether due in whole or in part to the negligent acts or omissions of the Utility, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed pursuant to this agreement, provided however, that where the State has been found liable by a court, tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to indemnify, protect, or save harmless either the Department of Transportation or the State. SECTION 11 —INCORPORATION OF THE UTILITY POLICY GUIDE The Policy Guide forms an essential part of this Agreement, and the terms or provisions of this Agreement in no way abrogate or supersede the terms or provisions set forth in said Policy Guide. SECTION 12— PENALTIES/INTEREST/ATTORNEY'S FEES INDOT will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, and/or attorney's fees, except as required by Indiana law. SECTION 13 — COMPLIANCE WITH LAWS; APPLICABLE LAW The UTILITY agrees to comply with all federal, state and local laws, rules, regulations, or ordinances that are applicable at the time the UTILITY's services pursuant to this agreement are rendered, and all provisions required thereby to be included herein are hereby incorporated by Page 4 of I I reference. The enactment of any Indiana or federal statute or the promulgation of regulations there under after execution of this agreement shall be reviewed by the Office of the Indiana Attorney General and the UTILITY to determine whether the provisions of this agreement require formal amendment. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana. SECTION 14— COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT As required by IC 5-22-3-7: (I) the UTILITY and any principals of the UTILITY certify that (A) the UTILITY, except for de minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or (iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the UTILITY will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. (2) The UTILITY and any principals of the UTILITY certify that an affiliate or principal of the UTILITY and any agent acting on behalf of the UTILITY or on behalf of an affiliate or principal of the UTILITY: (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. SECTION 15 — CONFLICT OF INTEREST A. As used in this section: "Immediate family" means the spouse and the unemancipated children of an individual. "Interested party," means: 1. The individual executing this Agreement; 2. An individual who has an interest of three percent (3%) or more of the Utility, if the Utility is not an individual; or 3. Any member of the immediate family of an individual specified under subdivision I or 2. "Commission" means the State Ethics Commission. B. INDOT may cancel this Agreement without recourse by the Utility if any interested party is an employee of the State of Indiana. C. INDOT will not exercise its right of cancellation under section Page 5 of I I B, above, if the Utility gives INDOT an opinion by the Commission indicating that the existence of this Agreement and the employment by the State of Indiana of the interested party does not violate any statute or code relating to ethical conduct of INDOT employees. INDOT may take action, including cancellation of this Agreement, consistent with an opinion of the Commission obtained under this section. D. The UTILITY has an affirmative obligation under this Agreement to disclose to INDOT when an interested party is or becomes an employee of the State of Indiana. The obligation under this section extends only to those facts that the Utility knows or reasonably could know. SECTION 16 —DRUG-FREE WORKPLACE CERTIFICATION The UTILITY hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Utility will give written notice to INDOT and the Indiana Department of Administration within ten (10) days after receiving actual notice that the Utility or an employee of the UTILITY has been convicted of a criminal drug violation occurring in the UTILITY's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of agreement payments, termination of this Agreement and/or debarment of agreement opportunities with the State of Indiana for up to three (3) years. In addition to the provisions of the above paragraphs, if the total agreement amount set forth in this Agreement is in excess of $25,000.00, the UTILITY hereby further agrees that this agreement is expressly subject to the terms, conditions, and representations of the following certification: This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of Administration is requiring the inclusion of this certification in all contracts and grants from the State of Indiana in excess of$25,000.00. No award of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Utility and made a part of the contract or agreement as.part of the contract documents. The Utility certifies and agrees that it will provide a drug-free workplace by: A. Publishing and providing to all of its employees a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Utility's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; B. Establishing a drug-free awareness program to inform it's employees of (1) the dangers of drug abuse in the workplace; (2) the Utility's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the Page 6 of I I penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; C. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (I) abide by the terms of the statement; and (2) notify the Utility of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; D. Notifying in writing INDOT within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (I) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and F. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (A) through (E) above. SECTION 17 — FUNDING CANCELLATION CLAUSE When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of an agreement, the agreement shall be canceled. A determination by the Budget Director that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. SECTION 18 — NON-DISCRIMINATION A. Pursuant to I.C. 22-9-1-10, the Utility and its Contractor and subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of this agreement. B. The UTILITY understands that INDOT is a recipient of federal funds. Pursuant to that understanding, the UTILITY and its Contractor and subcontractors, if any, agree that if the UTILITY employs fifty (50) or more employees and does at least $50,000.00 worth of business with INDOT and is not exempt, the UTILITY will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The UTILITY shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of this agreement. Page 7 of I I SECTION 19—DEBARMENT AND SUSPENSION The UTILITY certifies, by entering into this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this agreement by any federal agency or department agency or political subdivision of the State of Indiana. The term "principal" for the purposes of this agreement is defined as 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 UTILITY. SECTION 20—CERTIFICATION FOR FEDERAL-AID CONTRACTS LOBBYING ACTIVITIES The UTILITY certifies, by signing and submitting this Contract, to the best of its knowledge and belief, that the UTILITY has complied with Section 1352, Title 31, U.S. Code, and specifically, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal Contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The UTILITY also agrees by signing this agreement that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. SECTION 21 —APPROVAL OF ATTORNEY-GENERAL This Agreement shall not be effective unless and until it is approved by the Attorney General of Indiana or an authorized representative, as to form and legality SECTION 22 — ETHICS Page 8 of I I The Utility and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State, as set forth in Indiana Code § 4-2-6 et seq., the regulations promulgated hereunder, and Executive Order 05-12, dated January 12, 2005. If the Utility is not familiar with these ethical requirements, the Utility should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at «<http://www.in.gov/ethics/>>>. If the Utility or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this contract immediately upon notice to the Utility. In addition, the Utility may be subject to penalties under Indiana Code § 4-2-6-12. SECTION 23—EMPLOYMENT ELIGIBILITY VERIFICATION The Utility affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Utility shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Utility is not required to participate should the E-Verify program cease to exist. Additionally, the Utility is not required to participate if the Utility is self-employed and does not employ any employees. The Utility shall not knowingly employ or contract with an unauthorized alien. The Utility shall not retain an employee or contract with a person that the Utility subsequently learns is an unauthorized alien. The Utility shall require his/her/its subcontractors, who perform work under this contract, to certify to the Utility that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Utility agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The State may terminate for default if the Utility fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. SECTION 24 — NON-COLLUSION The undersigned attests, subject to the penalties for perjury, that he/she is the Utility, or that he/she is the representative, agent, member or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, agent or officer of the Utility, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of this Agreement. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 9 of I I i i IN WITNESS HEREOF,the parties hereto separately and severally have caused this instrument to be executed in • their respective names by and through their duly authorized officers. THE UTILITY: r2t/ e can/ tUu/PQ ill, * • (Utility Name) Ari-16' �ignature of Officer) foAlyoo 6 42, (Officer's Name,Printed or typed) 49 SW/ G/r i' Off e'ne/ft - • (Officer's Position) 1 ACKNOWLEDGEMENT CS�t$tcof \-\am, 1 l- !\ Fett4 of .tn1ha 4411/4 SS: Before me,the undersigned Notary Public in and for said County and State,personally appeared �.. X 11•NO Th((CA\iVAC Otto t< • (Names and offices of signers of Utility) . -� Car!k-A (,a-AARr U,e1 rot-ti (Name of Utility) and acknowledged the execution of the foregoing contract on this 3h day oft 4-€,652..r , 20 ft . Witness my hand and seal the said last day. �� My Commission Expires:30day of OC_' S ,20 l L. I t C.`,4 t (Signature (Seal) Srly, CANDY L.MARTIN Y° County of Res: Hamilton (Notary Public,Printed or typed) " My Comm.Expires 09-26-2019 ®2 Comm.No,621703 The State of Indiana Page 10 of 11 By the Indiana Department of Transportation H I By. / . s Jame. '• Stark,Deputy Commissioner Cap Program Management � For: ichael B. Cline Commissioner ACKNOWLEDGEMENT State of T Al O>ri 0. County of MGdrl On SS: Before me,the undersigned.Notary Public in and for said County and State;personally appeared James P. Stark,Deputy Commissioner Capitol Program Management,Indiana Department of Transportation and acknowledged a�A the execution of the foregoing contract on this day of NCG/?,mh ?.✓.> 20 .1d- . Witness my hand and seal the said last day. Sr My Commission Expires:ca� day of n c.:4-DSDt,20 )1 !; /A 1/,,44: f (Signal e) (seal) �'nf'1Vll, 1:5, 7.1 e-nieX (Notar}P iblic,Printed or typed) Approved: Approv d: .PrAr AAA s Iwst. ( a/ - %� I > - Robert D. Wynkoop, Commissioner Adam 'orreetor Department of Administration State Budget Agency Date: ti /d-1 I /2;_ Date: ( ( / 3D/i 2 APPROVED AS TO LEGALITY AND FORM: e Gregory F. Zoeller,A.orney General of Indiana Date Approved Page 11 of 11 Board of Public Works and Safety City of Cannel Kit.64 Pa WOd 5 -'613 Mayor James Brainard Date /, L . _ �, 5 ��� i Mary A Curke, Member Date S i5" Lori Watson fiber Date ATTEST: \/ • 5 - 573 liana L. Cordray, Jerk Treasurer Date tr SPONSOR(S): Councilor(s) Sharp RESOLUTION CC-08-05-13-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, APPROVING INDOT PROJECT COORDINATION CONTRACT WHEREAS, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, and the State of Indiana, by and through its Department of Transportation, entered into that certain highway utility agreement attached hereto as Exhibit A, the same being incorporated herein by reference(the "INDOT Contract"); and WHEREAS, the INDOT Contract pertains to an improvement project for US 31 and the reimbursement of the City's cost of relocating certain utilities impacted thereby; and WHEREAS, the Common Council of the City of Carmel, Indiana, now wishes to approve the INDOT Contract, finding the same to be in the public interest and in furtherance of public safety. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The INDOT Contract should be and the same is hereby approved and adopted pursuant to and in accordance with the terms of this Resolution. Section 3. This Resolution shall take effect immediately upon its adoption. , ttia PASSED by the Common Council of the City of Carmel, Indiana, this 5 day of Lt •'.:.-4 , 013, by a vote of Co ayes and Q nays. J' /�� COMMON COUNCIL FOR THE CITY OF CARMEL .!`7 ` X10-1 P2cs ��vi.: Priding Offi Kevin D. Rider i0(00' (WA .11itIR Richard . Sharp, Preside t Pro Tempore Carol Schleif U ,Ren . Carter W. Eric 'irdensticker i`---- i \ - i%‘% � 2 Snkam Luci SnydKr • Page One of Two Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 7/25/13 at 11:50 a.m. No subsequent revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise. Alssvrappslluser data-admin\AVNE Bass1My Documental esoIutbs-CCC12013\Approve INDOT Project Coord Contract Project 1291240docx7/26/20139:42 AM SPONSOR (S): Councilors Sharp ATTES& / _ice Diana L. Cordray, IAMC, Jerk-Treasurer Pfesented by me to the Mayor of thi ty of Carmel,Indiana this5 /�day of( �hl�(,bat , 2013, at g. o .M. U • Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, the Mayor of the City of Carmel, Indiana. this5 day of u}.IOf-As , 2013, at 9: oy P .M. V /James Brainard.Mayor ATTEST Diana L. Cordray,IAMC, C1erk-Treas1 -•r Resolution CC- Page Two of Two Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 7/25/13 at 11:50 a.m. No subsequent revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise. kUssvrapps Poser data-adndntLA`ME BassNly Documents' esoDOrs-CCC12olffiApprove IN00T Project Coed Coneact Project 1297240.docx706120I39:42 AM