HomeMy WebLinkAboutPaperless Packet for BPW 07.19.23Board of Public Works and Safety Meeting
Agenda
Wednesday, July 19, 2023 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1.MINUTES
a.Minutes from the July 5, 2023, Regular Meeting
2.CONTRACTS
a.Request for Purchase of Goods and Services; Humane Society for Hamilton County;
126,182.30); Animal Shelter Services; Chief James Barlow, Carmel Police Department
b.Request for Purchase of Goods and Services; Mid-America Elevator, Co., Inc.;
89,450.00); Elevator Modernization; Chief James Barlow, Carmel Police Department
c.Request for Purchase of Goods and Services; Paxton Klitzsch; ($25/hour performance
fee plus $15/hour additional services); Performance Agreement - The Mascot
Spokes”; Nancy Heck, Director of the Department of Community Relations
d.Resolution BPW 07-19-23-01; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement between City and Vendor; Rollfast,
Inc.; ($5,000.00); Learn 2 Ride Program; Additional Services Agreement; Nancy Heck,
Director of the Department of Community Relations
e.Request for Joint Use and Maintenance Agreement; The Indiana Department of
Transportation and the City of Westfield and the City of Carmel; Signs and Totem
Structure on US 31; Jeremy Kashman, City Engineer
f.Resolution BPW 07-19-23-03; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement between City and Vendor; Howard
Asphalt, LLC d/b/a Howard Companies; ($764,660.00); 23-STR-07 Brookshire
Paving; Jeremy Kashman, City Engineer
g.Request for Purchase of Goods and Services; Al Warren Oil Company, Inc.;
58,690.50); Fuel Storage Tanks and Fuel; Matt Higginbotham, Street Commissioner
h.Request for Purchase of Goods and Services; Decorative Paving Company;
174,125.00); 23-STR-06 Palladium Pavers; Matt Higginbotham, Street Commissioner
3.REQUEST TO USE CITY STREETS/PROPERTY
a.Request to Use Carter Green; Collector Car Exhibit; August 30, 2023; 10:00 AM –
4:00 PM; Meg Osborne, City of Carmel
b.Request to Use Civic Square Gazebo/Lawn and City Streets; 5K Race; August 20,
2023; 6:00 AM – 12:00 PM; James Nichols, 131 Event Productions
c.Request to Use Midtown Plaza; Musical Talent Show; August 24 - 27, 2023; 1:00 PM –
11:00 PM; Karolyn Brumley, City of Carmel
d.Request to Use Midtown Plaza; Outdoor Workout; July 26, 2023; 5:00 PM – 7:00 PM;
Jen Wilkins, Shred415
e.Request to Use Midtown Plaza; Outdoor Workout; August 18, 2023; 9:00 AM-10:00
AM; Jen Wilkins, Shred415
f.Request to Use/Close City Streets; Family Summer Concert Series; Wednesday
Evenings July 5 -September 27, 2023; 5:00 PM-10:30 PM; Melanie Brewer, Fountain
Square Committee -TABLED ON 7 /5/23 -WITHDRAWN
g.Request to Acknowledge Approval of Use of Civic Square Gazebo/Lawn and Addition
of Handicapped Parking Spaces; Family Summer Concert Series; Wednesday
Evenings May 31-September 27, 2023; 12:00 PM-10:00 PM; John Eaton, Fountain
Square Committee
4.OTHER
a.Request for Consent to Encroach and Variance; 321 is• Ave. SE; Derek & Amy Van
Ostrand Fakehany, Property Owners -TABLED ON 7/5/23
b.Request for Replat; Caress Corner; Troy Terew, True North
c.Request for Secondary Plat; Carmel Midtown; Connor Strege, Kimley-Hom
d.Request for Consent to Encroach and Variance; 10701 North College Ave, Suite B;
Clay Township of Hamilton County, Indiana
e.Request for Curb Cut and Curb Cut Vacation; 1015 Oswego Road; Drees Homes
f.Request for Curb Cut; 13715 Towne Road; Yvelina Cox, Property Owner
g.Request for Curb Cut; Ace Hardware at Towne & Harleston; Dillon Reynolds,
SPACECO, Inc.
h.Request for Second Curb Cut; 865 W. 136th Street; The Gravel Doctor, Inc.1.Request for Stormwater Technical Standards Waiver; 126th and Shelborne Road -
Reed Property; Ryan Roosen, Weihe Engineers
J.Request for Stormwater Technical Standards Waiver; Woodland Country Club;
Woodland Drive; Ryan Murry, Cripe
k.Resolution BPW 07-19-23-02; A Resolution of the City of Carmel Board of Public
Works and Safety Appointing Special Police Officers; Chief James Barlow, Carmel
Police Department
5.ADJOURNMENT
1
Board of Public Works and Safety Meeting2
Minutes3
Wednesday, July 5, 2023 – 10:00 a.m. 4
Council Chambers City Hall, One Civic Square5
6
7
MEETING CALLED TO ORDER8
9
Mayor James Brainard called the meeting to order at 10:10 AM10
11
MEMBERS PRESENT12
13
Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jessica14
Komp were present. 15
16
MINUTES17
18
Minutes from the June 21, 2023 Regular Meeting. Board Member Burke moved to approve. Board19
Member Watson seconded. Minutes were approved 3-0. 20
21
BID OPENING AND AWARD22
23
Bid Opening for 23-STR-07 Brookshire Paving24
Lori Watson opened the bids and Mayor Brainard read them aloud: 25
26
Contractor Quote27
Howard Asphalt, LLC d/b/a Howard Companies $764,660.0028
Rieth-Riley Construction Co., Inc. $771,492.1229
30
Bid Award for 106th Street Lift Station Expansion Project31
John Duffy, Director of the Department of Utilities, recommended awarding the bid to Thieneman32
Construction, Inc., as they were the lowest, most responsive bidder. Board Member Burke moved to33
award the bid to Thieneman Construction, Inc., in the amount of $6,536,000.00. Board Member34
Watson seconded. Award approved 3-0. 35
36
CONTRACTS37
38
Request for Purchase of Goods and Services; Proteam Tactical Performance, LLC; ($8,800.00); 39
Shield Mobile App Subscription; Board Member Burke moved to approve. Board Member Watson40
seconded. Request approved 3-0. 41
42
Request for Purchase of Goods and Services; American Structurepoint; ($40,867.29); 16-ENG-3743
116th and Rangeline RAB; Change Order #5; Board Member Burke moved to approve. Board Member44
Watson seconded. Request approved 3-0. 45
46
47
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($279,000.00); 22-ENG-1348
2022 Bond Various Path/Walk and Drainage Projects; Additional Services Amendment; Board49
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 50
51
Resolution BPW 07-05-23-01; A Resolution of the City of Carmel Board of Public Works and Safety52
Acknowledging Agreement Between City and Vendor; The Archer Company, LLC; ($27,500.00); 53
Salary and Compensation Plan Update Study; Board Member Burke moved to approve. Board54
Member Watson seconded. Request approved 3-0. 55
56
Request for Purchase of Goods and Services; National Pavement Maintenance, LLC; ($65,070.00); 57
Road Preservation; Board Member Burke moved to approve. Board Member Watson seconded. 58
Request approved 3-0. 59
60
Request for Purchase of Goods and Services; Retro-Tech Systems, LLC; ($767,791.00); Solar61
Procurement and Installation; Board Member Burke moved to approve. Board Member Watson62
seconded. Request approved 3-0. 63
64
REQUEST TO USE CITY STREETS/PROPERTY65
66
Request to Use/Close City Streets and Request to Use Midtown Plaza; Brews on the Boulevard; July67
28 – July 31, 2023; 8:00 AM – 10:00 PM; Board Member Burke moved to approve. Board Member68
Watson seconded. Request approved 3-0. 69
70
Request to Use/Close City Streets; CarmelFest; July 4, 2023; 8:00 AM – 11:00 PM; Board Member71
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 72
73
Request to Use/Close City Streets; 2024 Carmel Marathon; April 13, 2024; 4:00 AM – 4:00 PM; 74
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 75
76
Request for Rolling Closure/Lane Restrictions of City Streets and Request to Use Midtown Plaza; 77
Carmel Chinese Mooncake Festival; September 30, 2023; 9:00 AM – 9:00 PM; Board Member Burke78
moved to approve. Board Member Watson seconded. Request approved 3-0. 79
80
Request to Use/Close City Streets; Concert; July 23, 2023; 2:00 PM – 8:00 PM; Board Member Burke81
moved to approve. Board Member Watson seconded. Request approved 3-0. 82
83
Request to Use/Close City Streets; Family Summer Concert Series; Wednesday Evenings July 5 – 84
September 27, 2023; 5:00 PM – 10:30 PM; TABLED; Board Member Watson moved to table the85
request. Mayor Brainard seconded. Tabling approved 3-0. 86
87
OTHER88
89
Request for Consent to Encroach and Variance; 321 1st Ave. SE; TABLED; Mayor Brainard moved to90
table the request. Board Member Watson seconded. Tabling approved 3-0. 91
92
Request for Dedication and Deed of Public Right-of-Way; 10534 Hussey Lane; Board Member Burke93
moved to approve based on all conditions by City Engineers being met. Board Member Watson94
seconded. Request approved 3-0. 95
96
Request for Grant of Perpetual Stormwater Quality Management Easement; 10534 Hussey Lane; 97
Board Member Burke moved to approve based on all conditions by City Engineers being met. Board98
Member Watson seconded. Request approved 3-0. 99
100
Request for Grant of Water Quality Preservation Easement; 10534 Hussey Lane; Board Member101
Burke moved to approve based on all conditions by City Engineers being met. Board Member Watson102
seconded. Request approved 3-0. 103
104
Request for Parking and Sidewalk Restrictions; Midtown Flats - 591 Monon Blvd; Board Member105
Burke moved to approve based on all conditions by City Engineers being met. Board Member Watson106
seconded. Request approved 3-0. 107
108
Request for Replat; Sanctuary at 116th Section 3, Lots 106 – 108; Board Member Burke moved to109
approve based on all conditions by City Engineers being met. Board Member Watson seconded. 110
Request approved 3-0. 111
112
Bid Award for 23-STR-07 Brookshire Paving113
Crystal Edmundson, Operations Manager of Carmel Street Department, recommended awarding the114
bid to Howard Asphalt, LLC, as they were the lowest, most responsive bidder. Board Member Burke115
moved to award the bid to Howard Asphalt, LLC, in the amount of $764,660.00. Board Member116
Watson seconded. Award approved 3-0. 117
118
ADJOURNMENT119
120
Mayor James Brainard adjourned the meeting at 10:19 a.m. 121
122
123
124
125
APPROVED: ____________________________________ 126
Sue Wolfgang – City Clerk127
128
129
130
131
Mayor James Brainard132
133
134
ATTEST: 135
136
Sue Wolfgang – City Clerk137
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Approved and Adopted this ______ day of __________________, 20______.
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:
SueWolfgang, Clerk
Date: _____________________________________
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Mid-America Elevator Co., Inc.
Police Department - 2023
Appropriation #1110 101 43-501.00 Fund; P.O. #s105946, 109788
Contract Not To Exceed $89,450.00
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.
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Mid-America Elevator Co., Inc.
Police Department - 2023
Appropriation #1110 101 43-501.00 Fund; P.O. #s105946, 109788
Contract Not To Exceed $89,450.00
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, itshall 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.
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Mid-America Elevator Co., Inc.
Police Department - 2023
Appropriation #1110 101 43-501.00 Fund; P.O. #s105946, 109788
Contract Not To Exceed $89,450.00
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
Police Department Office of Corporation Counsel
Three Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Mid-America Elevator Co., Inc.
1116 E Market Street
Indianapolis, Indiana 46202
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
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4
Mid-America Elevator Co., Inc.
Police Department - 2023
Appropriation #1110 101 43-501.00 Fund; P.O. #s105946, 109788
Contract Not To Exceed $89,450.00
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.
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5
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
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
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JOINT USE AND MAINTENANCE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF WESTFIELD
And
THE CITY OF CARMEL
Concerning
INSTALLATION AND MAINTENANCE
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SIGNS AND TOTEM STRUCTUREON US 31
This Joint Use and Maintenance Agreement(“Agreement”), by and between the Indiana
Department of Transportation (“INDOT”), and the City of Westfield, Indiana(“Westfield”)and
the City of Carmel, Indiana (“Carmel”), collectively referred to as the “PARTIES,” isexecuted
pursuant to the termsand conditions setforthherein and shall be effective as of the date of approval
by the Office ofthe Indiana Attorney General. In consideration of those mutual undertakings and
covenants, the PARTIESagreeas follows:
RECITALS
WHEREAS, Westfieldwas issued a permit #E18GCR0373 to install a gateway totem structure
with concrete foundation inthe median of US 31 approximately 400 feet south ofthe 146th Street
bridge, located inHamilton County, Indiana (the “Totem”), and five (5) backlit sports signs and a
Home of Grand Park” sign on the south side of the 146th Street bridge inWestfield(hereinafter
the “Signs”), depicted in “Exhibit A”attached hereto and incorporated herein byreference; and
WHEREAS, theTotem is located on the Westfield and Carmel line in Hamilton County, Indiana;
and
WHEREAS, the PARTIES desire to delineate certain costs and maintenance responsibilities
relating to the installation and maintenance of the Signs and the Totem; and
WHEREAS, Westfield has agreed tobe solely responsible for all costs associated with the
installation and maintenance of the Signs; and
WHEREAS, Westfield and Carmel (collectively, the “LPA”) agree that Westfield shall be solely
responsible for the installation and maintenance of the Totem, and all costs associated with the
maintenance of the Totem shall besplit equally between Westfield and Carmel; and
WHEREAS, the installation and maintenance of the Signsand Totemwill occur within limited
access right-of-way(“LARW”), under the jurisdiction of INDOT, as shown in “Exhibit A;” and
WHEREAS, it is of mutual interest for INDOT and the LPA to cooperate in providing highway
improvements for the convenience and safety of the public;
Page1of21
NOW THEREFORE, in consideration of the promises and the mutually dependent covenants
herein contained, the PARTIES hereto agree as follows:
ARTICLE I. PURPOSE AND TERM
1.1. Recitals. The Recitals recorded above are incorporated byreference into this Agreement.
All captions, section headings, paragraph titles and similar items are provided for the purpose of
reference and convenience and are not intended to be inclusive, definitive or to affect the
interpretation of this Agreement.
1.2. Purpose ofAgreement. The purpose ofthis agreement is todelineate the costs and
responsibilities for installation and maintenance ofthe Signs and Totem.
1.3. Term of Agreement. This Agreement shall be for a ten (10) year period, commencing as
of the date approved as to form and legality bythe Attorney General of Indiana, or an authorized
representative, and shall be subject to renewal upon the same terms for four (4) successive ten (10)
year periods. This Agreement shall be subject to cancellation and termination by either party upon
giving the other party thirty (30) days written notice of such action.
ARTICLE II. THE LPA’SRESPONSIBILITIES
2.1. Financial Responsibilities.
2.1.1. Westfield shall have sole responsibility for all associated costs with the
maintenance of the Signs. Westfield shall be responsible for fifty percent (50%) of the costs
of the maintenance of the Totem. To the extent permitted by law, in addition to the terms
agreed upon pursuant to Section 4.22 of this Agreement, Westfield shall indemnify and
hold INDOT harmless for any claims arising out ofthe Signs and/or Totem. This provision
shall survive the termination of this Agreement.
2.1.2. Carmel shall be responsible for fifty percent (50%) of the costs of the maintenance
of the Totem. To the extent permitted by law, in addition to the terms agreed upon pursuant
toSection 4.22 of this Agreement, Westfield shall indemnify and hold INDOT harmless
for any claims arising out of the Totem. This provision shall survive the termination of this
Agreement.
2.2. Project Responsibilities.
2.2.1.Westfield shall have sole responsibility for the maintenance, improvements, and
removal ofthe Signs and Totem. Westfield understands and agrees that INDOT shall be
the sole and final decision maker on anything that is related to and/ormay impact the
quality and function of US 31. Westfield shall conduct allmaintenance, improvements, and
removal of the Signs and Totem inaccordance with all applicable federal and state laws as
well asINDOT and FHWA standards and good engineering practices asset forth in the
following: (1) Title 23, US Code, Highways, (2) the regulations issued pursuant thereto,
3) the Americans with Disabilities Act of 1990, (4) I.C. 36, and (5) the policies and
Page2of21
procedures promulgated by INDOT and FHWArelative to the Agreement. All plans shall
be completed in accordance with all requirements of the most recent edition of INDOT’s
Standard Specifications and the Indiana Design Manual. Westfield shall comply with all
terms and conditions of itsPermit.
2.2.2. Westfield shall be solely responsible to remove and/or relocate any interferences
with any future INDOT transportation project.
2.3. Maintenance Responsibilities. Westfield shall perform, or cause to be performed, all
necessary routine maintenance forthe Signs and Totem in accordance with all applicable state and
federal laws, as well as INDOT standards, policies, and procedures relative to this Agreement.
Westfield understands and agrees that if the Signs and/or Totemare damaged or need to be
replaced, it is Westfield’s responsibility to repair or replace the Signs and/orTotem within ninety
90) days. If Westfield has not repaired or replaced the Signs and/or Totem within ninety (90) days
after INDOT deemed it necessary to repair or replace the Signs and/or Totem, INDOT may remove
the damaged Signs and/or Totem at Westfield’s expense. Maintenance activities performed on any
portion of the Signs and/or Totem shall not create any adverse impact or interfere with the safety
and travel of the motoring public.
2.3.1. Future maintenance shall include but not be limited to:
A. Westfield shall be responsible for the maintenance responsibilities of the Signs
and/or Totem.
B. Westfield shall be solely responsible for the payment of all fees and costs for
any utility services serving the Signs and/or Totem. INDOT shall not be
responsible for the costs of any fees or costs for utility services serving the Signs
and/or Totem, now or in the future.
C.Westfieldshall be responsible toplan out maintenance activities performed
within the LARW. Westfield shall submit to the Greenfield District Permit
Manager (“Permit Manager”) a maintenance plan for approval prior to
commencement of any maintenance activities within the LARW. The
maintenance plan shall identify the types of maintenance activities to be
completed and an estimated schedule of when these activities will occur. The
plan shall include a Maintenance of Traffic (“MOT”) plan if such activities will
require lane closures or traffic restrictions on US 31. The Permit Manager shall
promptly notify Westfield of any concerns or deficiencies in the plan.
2.3.2 Modifications to Signs and/or Totem. Westfieldshall not erect any signs,
sculptures, or structures within the LARW, outside of those covered by this Agreement,
without the prior approval of INDOT. If Westfield wishes to install additional
improvements within the LARW, prior to installation, Westfield shall apply for a permit,
Page3of21
submit a design plan to the Permit Manager for review and approval, and enter into an
amendment to this Agreement.
2.3.3 Removal of Signs and/or Totem.
A.Upon termination of the Agreement pursuant to Section 1.3, Westfield may be
required to remove the Signs and/or Totem and/or their infrastructure at
INDOT’srequest. Failure to remove the Signs and/or Totem and/or their
infrastructure may result in INDOT removing the Signs and/or Totem and/or
their infrastructure and billing Westfield for costs of removal.
B. In the event that INDOT determines, in its sole reasonable discretion, that
Westfield is not adequately maintaining the Signs and/orTotem and/or their
infrastructure, or for any other justified reason (i.e., safety concerns for
pedestrians, bicyclists, the motoring public, change in policy, requirement for
compliance with federal law or other federal mandate, etc.), INDOT may order
Westfield to remove or modify the Signs and/or Totem and/or their
infrastructure at Westfield’s expense. Except in cases of emergency (i.e.,
eminent threat of harm tothe traveling public), INDOT will provide ninety (90)
days written notice to Westfield that the Signs and/or Totem and/or their
infrastructure must be removed or modified. If the Signs and/or Totem and/or
their infrastructure are not removed or modified toINDOT’s satisfaction within
ninety (90) days of issuance of notice under this section, INDOT may remove
the Signs and/or Totem and/or their infrastructure and bill Westfield for the
costs of removal.
C. Westfield understands and agrees that it shall not be entitled to any damages or
any other compensation in the event that INDOT requires complete or partial
removal of the Signs and/or Totem and/or their infrastructure for any reason.
2.4. Use of State Right-of-Way.
2.4.1. Subject to the terms and conditions of this Agreement, INDOT grants permission
to Westfield, its employees, and its contractors toenter upon LARW for the sole and
exclusive purposes of installing, inspecting, maintaining, operating, and repairing the Signs
and/or Totem. Prior to entering the LARW, Westfield shall apply for a permit each time it
intends toenter the LARW before commencing any such work. This includes even routine
maintenance and repair activities. Pursuant to applicable state and federal law, for highway
and limited access facilities, INDOT must grant written permission for each entry into the
LARW, which must be based on specific traffic control and/or worker safety plans.
Accordingly, as a condition precedent to giving effective notice, Westfield shall provide to
INDOT all such traffic control and worker safety plans and other information as INDOT
shall request or require inconnection with granting such permission. Westfield shall not
enter upon the LARW until Westfield has received written approval via a permit from
INDOT, which shall not be unreasonably withheld, toenter upon the LARW. INDOT shall
Page4of21
only berequired toapprove Westfield’srequest to enter upon LARW if Westfield’s request
is consistent with all applicable federal and state laws and this Agreement.
2.4.2. Any use of the LARW permitted by this Agreement remains secondary to the
interest of INDOT to use the LARW for highway or other transportation purposes.
Westfield agrees that it shall surrender the LARW upon which the Signs and/or Totem are
located, whether in part or inits entirety, if, in INDOT’s discretion, the LARW or any
portion thereof, is required for future expansion, modification, or maintenance of US 31.
The Parties understand that this Agreement does not: (1) grant any interest or other rights
in the land, either temporarily or permanently; or (2) establish a shared-use facility which
would require replacement if INDOT has a need touse the affected property for highway
purposes in the future.
ARTICLE III. INDOT’s RESPONSIBILITIES
3.1. Financial Responsibilities. Under no circumstances shall INDOT be responsible for any
costs associated with the installation, maintenance, improvement, removal of the Signs and/or
Totem, or for the utilities serving the Signs and/or Totem.
3.2. Project Responsibilities. INDOT shall have the right to review and approve all plans for
the Signs and/or Totem that are to be installed and located withinLARW. INDOT shall
promptly notify Westfieldin the event that changes are required. INDOT shall be the sole and
final decision maker on anything that is related to and/or may impact the quality and function of
US 31. INDOT shall have approval authority for Westfield’s maintenance of the Signs and/or
Totem and for any improvements located within the LARW. Such review and approval shall be
completed in a reasonable period of time. Under no circumstances shall INDOT be responsible
for any work associated with theinstallation, maintenance, improvement, orremoval ofthe Signs
and/or Totem.
3.3. Future Maintenance. INDOT shall maintain any INDOT structures located within the
LARW. INDOT shall have no maintenance responsibilities regarding the Signs and/or Totem. In
the event Westfield fails to timely complete any necessary repairs or maintenance to the Signs
and/or Totem in the interest of the safety of pedestrians, bicyclists, or the motoring public, INDOT
may complete any necessary repairs ormaintenance and invoice Westfield for the total cost of the
repair. Westfield shall pay each invoice within thirty (30) days of issuance of the invoiceand
Carmel shall reimburse Westfield for 50% of the total costs for the necessary repairs or
maintenance to the Totem. IfINDOT or its contractors damage the Signs and/or Totem during
maintenance activities that fall under this section, INDOT has no responsibility torepair or to
compensate Westfield orCarmel for the cost of repairs.
ARTICLE IV. GENERAL PROVISIONS
4.1. Access to Records. The LPA shall maintain allbooks, documents, papers, correspondence,
accounting records and other evidence pertaining to the cost incurred under this Agreementand shall
make such materials available at their respective offices at allreasonable times during the period of
this Agreement and for ten (10) years from the date approval under the terms of this Agreement, for
Page5of21
inspection or audit by INDOT, or its authorized designee. Copies shall be furnished at no cost to
INDOT, if requested. The LPA agrees that, upon request by any Party or state or federal agency,
INDOT may release or make available to the agency any working papers from an audit performed
by INDOT of the LPA inconnection with this Agreement, including any books, documents, papers,
accounting records and other documentation which support or form the basis for the audit
conclusions and judgments.
4.2.Assignment; Successors.\[OMITTED – NOT APPLICABLE\]
4.3. Assignment ofAntitrust Claims. As part of the consideration for this Agreement, the
LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may
acquire, under state or federal antitrust laws relating to the products orservices which are the
subject of this Agreement.
4.4. Audits. The LPA acknowledges that it may berequired to submit toan audit of funds paid,
if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5-11-
1, et seq., and audit guidelines specified by the State.
4.5. Authority to Bind the LPA. The signatory for the LPArepresents that he/she has been
duly authorized to execute this Agreement on behalf of the LPAand has obtained all necessary or
applicable approvals to make this Agreement fully binding upon the LPA when his/her signature
is affixed and accepted by the State.
4.6. Changes in Work. The LPAshall not commence any additional work or change the scope
of the work until authorized in writing by the State. This Agreement may only be amended,
supplemented, or modified bya written document executed inthe same manner asthis Agreement.
4.7. Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by
signing and submitting this Agreement, to the best of its knowledge and belief that the LPAhas
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 ofthe LPA,
to any person for influencing or attempting to influence an officer or employee of any
federal agency, aMember of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
agreements, 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 agreement, 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 anofficer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, oran employee of
a Member ofCongress in connection with such federal agreement, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying," in accordance with its instructions.
Page6of21
C. The LPA also agrees by signing this Agreement that it shall require that the language of
this certification be included in all contractor agreements including lower tier
subcontracts, which exceed $100,000, and that allsuch sub recipients shall certify and
disclose accordingly. Any person who fails tosign 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.
4.8.Compliance with Laws.
A. The LPAshall comply with all applicable federal, state, and local laws, rules,
regulations, and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any applicable
state or federal statute or the promulgation ofrules or regulations thereunder after
execution of this Agreement shall be reviewed by the State and the LPA to determine
whether the provisions of this Agreement require formal modification.
B. The LPA and its agents shall abide by all ethical requirements that apply to persons
who have abusiness relationship with the State as set forth in IC §4-2-6, et seq., IC §4-
2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge,
or would have acquired knowledge with reasonable inquiry, that a state officer,
employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has
a financial interest in the Agreement, the LPA shall ensure compliance with the
disclosure requirements in IC 4-2-6-10.5 prior to the execution of this contract. If
the LPA is not familiar with these ethical requirements, the LPA should refer any
questions to the Indiana State Ethics Commission or visit the Inspector General’s
website athttp://www.in.gov/ig/. If the LPA or its agents violate any applicable ethical
standards, the State may, in its sole discretion, terminate this Agreement immediately
upon notice to the LPA. In addition, the LPA may besubject to penalties under IC §§4-
2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
C. The LPA certifies by entering into this Agreement that neither it nor its principal(s) is
presently in arrears in payment of taxes, permit fees or other statutory, regulatory, or
judicially required payments to INDOT. The LPAagrees that any payments currently
due to INDOT may be withheld from payments due to the LPA. Additionally, further
work or payments may be withheld, delayed, or denied and/or this Agreement
suspended until the LPAis current inits payments and has submitted proof of such
payment to INDOT.
D. The LPA warrants that it has no current, pending or outstanding criminal, civil, or
enforcement actions initiated by INDOT, and agrees that it will immediately notify
INDOT of any such actions. During the term ofsuch actions, the LPA agrees that
INDOT may delay, withhold, or deny work under any supplement, amendment, change
order or other contractual device issued pursuant tothis Agreement.
E. If a valid dispute exists as to the LPA’s liability or guilt in any action initiated by the
State or its agencies, and INDOT decides todelay, withhold, or deny work to the LPA,
Page7of21
the LPA may request that it be allowed to continue, or receive work, without delay.
Any payments that INDOT may delay, withhold, deny, or apply under this section shall
not be subject to penalty or interest under IC §5-17-5.
F.The LPA warrants that the LPA and its contractors shall obtain and maintain all
required permits, licenses, registrations, and approvals, and shall comply with all
health, safety, and environmental statutes, rules, or regulations in the performance of
work activities under thisAgreement. Failure todo so may be deemed a material breach
of this Agreement and grounds for immediate termination and denial of further work
with the State.
G. The LPA affirms that it is properly registered and owes no outstanding reports to the
Indiana Secretary of State.
H. As required byIC §5-22-3-7:
1. The LPA and any principals of the LPA certify that:
A) the LPA, 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 LPA will not violate the terms of IC §24-4.7 for the duration of the
Agreement, even if IC §24-4.7 is preempted by federal law.
2.The LPA and any principals of the LPA certify that an affiliate or principal ofthe
LPA and any agent acting on behalf of the LPA or on behalf ofan affiliate or
principal of the LPA, except for de minimis and nonsystematic violations,
A) 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 byfederal law; and
B) will not violate the terms of IC §24-4.7for the duration of the Agreement, even
ifIC §24-4.7 is preempted by federal law.
4.9. Condition of Payment. \[OMITTED – NOT APPLICABLE.\]
4.10. Confidentiality of State Information. The LPA understands and agrees that data,
materials, and information disclosed to the LPA may contain confidential and protected
information. The LPA covenants that data, material, and information gathered, based upon, or
Page8of21
disclosed to the LPAfor the purpose of this Agreement, will not be disclosed to or discussed with
third parties without the prior written consent of INDOT.
4.11. Continuity of Services. \[OMITTED – NOT APPLICABLE.\]
4.12. Debarment and Suspension.
A.The LPAcertifies by entering into this Agreement that neither it nor its principals nor
any of its contractors 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 LPA.
B. The LPA certifies that it has verified the state and federal suspension and debarment
status for all contractors 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 contractor. The LPA shall immediately notify INDOT if any
contractor becomes debarred orsuspended, and shall, at INDOT’s request, take all steps
required by INDOT to terminate its contractual relationship with the contractor for
work to be performed under this Agreement.
4.13. Default by State. \[OMITTED – NOT APPLICABLE.\]
4.14. Disputes. \[OMITTED – NOT APPLICABLE.\]
4.15. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated
April 12, 1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make
a good faith effort to provide and maintain a drug-free workplace. The LPAwill give written notice
tothe State within ten (10) days after receiving actual notice that the LPA, or an employee ofthe
LPA, inthe State of Indiana, has been convicted of a criminal drug violation occurring in the
workplace. False certification or violation of this certification may result in sanctions including,
but not limited to, suspension of contract payments, termination of this Agreement and/or
debarment of contracting opportunities with the State for up tothree (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement
is in excess of $25,000.00, the LPA certifies and agrees that it will provide a drug-free workplace
by:
A.Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the LPA’s workplace, and specifying the actions that will be
taken against employees for violations of such prohibition;
Page9of21
B. Establishing adrug-free awareness program to inform its employees of (1) the dangers
of drug abuse in the workplace; (2) the LPA’s policy of maintaining a drug-free
workplace; (3) any available drug counseling, rehabilitation, and employee assistance
programs; and (4) the 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 (1) abide by the terms of the
statement; and (2) notify the LPAof any criminal drug statute conviction for aviolation
occurring in the workplace no later than five (5) days after such conviction;
D. Notifying the State inwriting 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: (1) 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, orother appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs (A) through (E) above.
4.16. Employment Eligibility Verification. TheLPAswears or affirms under the penalties of
perjury that the LPA does not knowingly employ an unauthorized alien. The LPA further agrees
that:
A. The LPA 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 LPA
is not required to participate should the E-Verify program cease to exist. Additionally,
the LPA is not required toparticipate if the LPA is self-employed and does not employ
any employees.
B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA
shall not retain an employee or contract with aperson that the LPA subsequently learns
isan unauthorized alien.
C. The LPA shall require his/her/its subcontractors, who perform work under this
Agreement, to certify to the LPA 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 LPA agrees to maintain this certification
throughout the duration of the term of a contract with a subcontractor.
Page10of21
The State may terminate for default if the LPAfails to cure a breach of this provision no
later than thirty (30) days after being notified by the State.
4.17. Employment Option. \[OMITTED – NOT APPLICABLE.\]
4.18. Force Majeure. In the event that any Party is unable to perform any of its obligations under
this Agreement or to enjoy any of its benefits because of natural disaster or decrees of
governmental bodies not the fault of the affected Party (hereinafter referred to as a “Force Majeure
Event”), the Party who has been so affected shall immediately or as soon as is reasonably possible
under the circumstances give notice tothe other Parties and shall do everything possible toresume
performance. Upon receipt of such notice, all obligations under this Agreement shall be
immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt
of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected
may, by giving written notice, terminate this Agreement.
4.19. Funding Cancellation. As required by Financial Management Circular 3.3 and IC 5-22-
17-5, when the Director of the State Budget Agency makes awritten determination that funds are
not appropriated or otherwise available tosupport continuation of the performance of this
Agreement, this Agreement shall be canceled. Adetermination by the Director of State Budget
Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
4.20. Governing Law. This Agreement shall be governed, construed, and enforcedin
accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit,
if any, must be brought inthe State of Indiana.
4.21. HIPAA Compliance. \[OMITTED – NOT APPLICABLE.\]
4.22. Indemnification. The LPAagrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage,
injuries, or other causalities of whatever kind, to the person or property ofanyone arising out of,
or resulting from the performance of this Agreementor the work connected therewith, or from the
installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment
or material, to the extent such liability iscaused by the negligence of the LPA, including any claims
arising out the Worker'sCompensation Act or any other law, ordinance, order or decree. INDOT
shall not provide indemnification to the LPA. The LPA agrees to pay all reasonable expenses and
attorney's fees incurred by or imposed on the State and INDOT in connection herewith in the event
that the LPA shall default under the provisions of this Section.
4.23. Independent Entity; Workers’ Compensation Insurance. The LPA isperforming as an
independent entity under this Agreement. No part of this Agreementshall be construed to represent
the creation of an employment, agency, partnership, or joint venture agreement between the
Parties. Neither Party will assume liability for any injury (including death) to any persons, or
damage to any property, arising out of the acts or omissions of the agents, employees, or
subcontractors of the other Party. The LPA shall provide all necessary unemployment and
Page11of21
workers’ compensation insurance for the LPA’s employees andshall provide the State with a
Certificate of Insurance evidencing such coverage prior to starting work under this Agreement.
4.24. Indiana Veteran’s Business Enterprise Compliance. \[OMITTED – NOT
APPLICABLE.\]
4.25 Information Technology Enterprise Architecture Requirements. \[OMITTED – NOT
APPLICABLE.\]
4.26. Insurance. \[OMITTED – NOT APPLICABLE.\]
4.27. Key Person(s).\[OMITTED – NOT APPLICABLE.\]
4.28. Licensing Standards. \[OMITTED – NOT APPLICABLE.\]
4.29. Merger & Modification. This Agreement constitutes the entire agreement between the
PARTIES. No understandings, agreements, or representations, oral or written, not specified within
this Agreement will be valid provisions of this Agreement. This Agreement may not bemodified,
supplemented, or amended, except by written agreement signed by allnecessary PARTIES.
4.30. Minority and Women’s Business Enterprises Compliance. \[OMITTED - NOT
APPLICABLE.\]
4.31. Non-Discrimination.
A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in
keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, and the Americans with Disabilities Act, the LPAcovenants that it
shall not discriminate against any employee or applicant for employment relating to
this Agreement with respect to the hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of the
employee’s or applicant’s race, color, national origin, religion, sex, age, disability,
ancestry, status as a veteran, or any other characteristic protected by federal, state or
local law (“Protected Characteristics”). The LPAcertifies compliance with applicable
federal laws, regulations and executive orders prohibiting discrimination based on the
Protected Characteristics in the provision of services. Breach of this paragraph may be
regarded as a material breach of this Agreement, but nothing in this paragraph shall be
construed toimply orestablish an employment relationship between the State and any
applicant oremployee of the LPA or any subcontractor.
B. INDOT isa recipient of federal funds, and therefore, where applicable, the LPA and
any subcontractors shall comply with requisite affirmative action requirements,
including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of
Executive Order 11246 as amended by Executive Order 13672.
Page12of21
The LPAagrees that if the LPA employs fifty (50) or more employees and does at least
50,000.00 worth of business with the State and is not exempt, the LPA will comply
with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA
complies 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 Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations inall programs and activities.
Title VI and related statutes require that no person in the United States shall on the
grounds of race, color or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is
broader than the language of Title VI and encompasses other State and Federal
protections. INDOT’s nondiscrimination enforcement shall include the following
additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
status, religion, disability, income status, limited English proficiency, or status as a
veteran.)
C. During the performance of this Agreement, the LPA, for itself, its assignees, and
successors in interest (hereinafter collectively referred toas, the “CITY”) agrees to the
following assurances under Title VI of the Civil Rights Act of 1964:
1.Compliance with Regulations: The LPAshall comply with the regulations relative
to nondiscrimination in Federally assistedprograms of the Department of
Transportation, Title 49 CFR Part 21, as they may be amended from time to time
hereinafter referred to as the Regulations),which are herein incorporated by
reference and made a part of this Agreement.
2.Nondiscrimination: The LPA, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, or status
as a veteran in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The LPA shall not participate either directly
or indirectly inthe discrimination prohibited by section 21.5of the Regulation,
including employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
3.Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the LPA for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the LPAof the LPA’s obligations under this Agreement, and the
Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
Page13of21
orientation, gender identity, national origin, religion, disability, ancestry, income
status, limited English proficiency, or status as a veteran.
4. Information and Reports: The LPA shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Indiana Department of Transportation and Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the LPA
is in the exclusive possession of another who fails or refuses furnish this
information, the LPA shall so certify to the Indiana Department of Transportation
or the Federal Highway Administration as appropriate and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the LPA’s noncompliance with the
nondiscrimination provisions of this Agreement, the Indiana Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to: (a)
withholding payments to the LPA under the Agreement until the LPA complies,
and/or (b) cancellation, termination or suspension of the Agreement, in whole or in
part.
6. Incorporation of Provisions: The LPA shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The LPA shall take such action with respect to any subcontract or procurement as the
Indiana Department ofTransportation or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for non-compliance, provided, however,
that inthe event the LPAbecomes involved in, oris threatened with, litigation with a subcontractor
or supplier as a result of such direction, the LPA may request the Indiana Department of
Transportation to enter into such litigation to protect the interests of the Indiana Department of
Transportation, and, inaddition, the LPA may request the United States of America to enter into
such litigation to protect the interests of the United States of America.
4.32. Notice to Parties. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent to the following addresses, unless otherwise specifically
advised:
A. For INDOT:
Valerie Cockrum
Technical Services Director - Greenfield District
32 South Broadway
Greenfield, IN 46140
Email: vcockrum@indot.in.gov
Page14of21
With Copy To:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, IGCN 758
Indianapolis, IN 46204
B.For City of Westfield:
Johnathon Nail
Director of Public Works
st2706E. 171Street
Westfield, IN 46074
Phone: 317-804-3150
Email: publicworks@westfield.in.gov
C.For City of Carmel:
Jeremy Kashman, City Engineer
Carmel City Hall
One Civic Square
Carmel, IN 46032
Phone: 317-571-2441
Email: engineering@carmel.in.gov
4.33. Order of Precedence; Incorporation by Reference. \[OMITTED – NOT
APPLICABLE.\]
4.34. Ownership of Documents and Materials. \[OMITTED – NOT APPLICABLE.\]
4.35. Payments. \[OMITTED – NOTAPPLICABLE.\]
4.36. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except asrequired by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-
1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s
failure to make prompt payment shall be based solely on the amount of funding originating from
the State and shall not be based on funding from federal or other sources.
4.37. Progress Reports. \[OMITTED – NOT APPLICABLE.\]
4.38. Prohibited Telecommunications and Video Surveillance Equipment and Services.
OMITTED – NOTAPPLICABLE.\]
4.39. Public Record. The LPAacknowledges that the State will not treat this Agreement as
containing confidential information and will post this Agreement on its website as required by
Executive Order 05-07. Use by the public of the information contained inthis Agreement shall not
be considered anact of the State.
Page15of21
4.40 Renewal Option. This Contract may be renewed under the same terms and conditions,
subject to the approval of the Commissioner of the Department of Administration and the State
Budget Director in compliance with IC § 5-22-17-4. The term of the renewed contract may not be
longer than the term ofthe original Contract.
4.41. Severability.The invalidity of any section, subsection, clause, or provision of this
Agreementshall not affect the validity ofthe remaining sections, subsections, clauses, or provisions
of this Agreement.
4.42. Status of Claims. The LPA shall beresponsible for keeping INDOT currently advised as to
the status of any claims made for damages against the LPAresulting from services performed under
this Agreement.
4.43. Substantial Performance. This Agreement shall be deemed tobe substantially performed
only when fully performed according to its terms and conditions and any written amendments or
supplements.
4.44. Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the LPA orits contractors as aresult of this
Agreement.
4.45. Termination for Convenience. This Agreement may be terminated, in whole or inpart,
by INDOT whenever, for any reason, INDOT determines that such termination is in its best
interest. Termination shall be affectedby delivery to the LPA a Termination Notice at least thirty
30) days prior to the termination effective date, specifying the extent to which performance of
services under such termination becomes effective.
4.46. Termination for Default. \[OMITTED – NOT APPLICABLE.\]
4.47. Travel. \[OMITTED – NOT APPLICABLE.\]
4.48. Waiver of Rights.No right conferred on either party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and
signed by the party claimed to have waived such right. Neither the State’s review, approval or
acceptance of, nor payment for, the work performed under this Agreement shall be construed to
operate as awaiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and the LPA shall be and remain liable to the State inaccordance
with applicable law for all damages to the State caused by the LPA’s negligent performance of
any of the services furnished under this Agreement.
4.49. Work Standards.\[OMITTED – NOT APPLICABLE.\]
4.50 State Boilerplate Affirmation Clause. I swear or affirm under the penalties of perjury
that I have not altered, modified, changed, ordeleted the State’s standard contract clauses (as
contained in the 2022 SCM Template) in any way except as follows: None.
Page16of21
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or
that the undersigned is the properly authorized representative, agent, member,or officer ofthe
Party. Further, to the undersigned’sknowledge, neither the undersigned nor any other member,
employee, representative, agent, or officer of the Party, directly or indirectly, has entered into or
been offered any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge
that a state officer, employee, or special state appointee, as those terms are defined in IC §4-
2-6-1, has a financial interest in the Agreement, the Party attests to compliance with the
disclosure requirements in IC §4-2-6-10.5.
Agreement to Use Electronic Signatures
Iagree, and it is my intent, to sign this Agreement by accessing State of Indiana Supplier Portal
using the secure password assigned to me and by electronically submitting this Agreement to the
State of Indiana. Iunderstand that my signing and submitting this Agreement in this fashion is the
legal equivalent of having placed my handwritten signature on the submitted Agreement and this
affirmation. Iunderstand and agree that by electronically signing and submitting this Agreement
in this fashion Iam affirming to the truth of the information contained therein. I understand that
this Agreement will not become binding on the State until ithas been approved by the Office of
the Attorney General, which approvals will be posted on the Active Contracts Database:
https://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI_CUSTOM_APPS.SOI_PUBLIC_CNTR
CTS.GBL
In Witness Whereof, the PARTIES have, through their duly authorized representatives, entered
into this Agreement. The PARTIES, having read and understood the foregoing terms of this
Agreement, do by their respective signatures dated below agree to the terms thereof.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page17of21
CITY OF WESTFIELD, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
J. Andrew Cook, Mayor
Date: ______________________________________
Jim Ake, Member
Date: ________________________________________
Larry Clarino, Member
Date: ________________________________________
Attest:
Patricia Leuteritz
Date: ________________________________________
Page18of21
CITY OF CARMEL, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
James Brainard, Mayor
Date: ______________________________________
Mary Ann Burke, Member
Date: ________________________________________
Lori Watson, Member
Date: ________________________________________
Attest:
Sue Wolfgang, Clerk
Date: ________________________________________
Page19of21
STATE OFINDIANA
Indiana DepartmentofTransportation
Recommended for approval by:
Clark W. Packer
Greenfield District Deputy Commissioner
Date: _________________________________________
Executed By:
FOR)
Michael Smith, Commissioner
Date: _________________________________________
Page20of21
APPROVALS
State approvals are electronic – see attached confirmation page.\]
STATE OF INDIANA
Budget Agency
By: (FOR)
Zachary Q. Jackson, Director
Date:
STATE OF INDIANA
Department ofAdministration
By: (FOR)
Rebecca Holwerda, Commissioner
Date:
Approved as to Form and Legality:
Office of the Attorney General
By: (FOR)
Theodore E. Rokita
Attorney General
Date:
This instrument was prepared for the Indiana Department of Transportation, 100 N. Senate
Avenue, Indianapolis, IN 46204, by the undersigned attorney.
Marjorie A. Millman, Attorney No. 21748-36
Page21of21
RESOLUTION NO. BPW 07-19-23-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’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:
CzTfshfzHsfdivlijobu:;48bn-Kvm22-3134
Howard Asphalt LLC d/b/aHoward Companies
Street Department - 2023
Appropriation #s2200 202 43-502.00 Local Road & Street Fund, 2201 2201 43-502.00 Motor Vehicle Highway Fund;
P.O. #s109864, 109868
Contract Not To Exceed $764,660.00
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Street Department
Bid Proposal Package for “23-STR-07 Brookshire Paving” received by the City of Carmel Board of Public Works
and Safety on or about July 5, 2023, all of which documents are incorporated herein by reference, and that the
Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor
acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services
provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and
are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
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
S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Brookshire Paving.docx:7/10/2023 10:39 AM\]
2
Howard Asphalt LLC d/b/aHoward Companies
Street Department - 2023
Appropriation #s2200 202 43-502.00 Local Road & Street Fund, 2201 2201 43-502.00 Motor Vehicle Highway Fund;
P.O. #s109864, 109868
Contract Not To Exceed $764,660.00
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.
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.
S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Brookshire Paving.docx:7/10/2023 10:39 AM\]
3
Howard Asphalt LLC d/b/aHoward Companies
Street Department - 2023
Appropriation #s2200 202 43-502.00 Local Road & Street Fund, 2201 2201 43-502.00 Motor Vehicle Highway Fund;
P.O. #s109864, 109868
Contract Not To Exceed $764,660.00
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.
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
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Howard Asphalt LLC d/b/a Howard Companies
2916 Kentucky Avenue
Indianapolis, Indiana 46221
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
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4
Howard Asphalt LLC d/b/aHoward Companies
Street Department - 2023
Appropriation #s2200 202 43-502.00 Local Road & Street Fund, 2201 2201 43-502.00 Motor Vehicle Highway Fund;
P.O. #s109864, 109868
Contract Not To Exceed $764,660.00
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
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. 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.
27. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
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5
Howard Asphalt LLC d/b/aHoward Companies
Street Department - 2023
Appropriation #s2200 202 43-502.00 Local Road & Street Fund, 2201 2201 43-502.00 Motor Vehicle Highway Fund;
P.O. #s109864, 109868
Contract Not To Exceed $764,660.00
28. DEBARMENT AND SUSPENSION
28.1 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.
28.2 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.
29. 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.
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.
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6
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
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: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
7/6/2023
HOWARD COMPANIES
INDIANAPOLIS, IN 46221 -
109864
2916 KENTUCKY AVE
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
23-STR-07 - Brookshire Paving
City Engineering's Office
1 Civic Square
Carmel, IN 46032-
372681
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Laurie Slick
78933
2200Department:202Fund:Local Road & Street Fund
43-502.00Account:
23-STR-07BrookshirePaving1 $525,798.00 $525,798.00Each
525,798.00SubTotal
525,798.00
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. 109864
ORDERED BY
TITLE
CONTROLLER
City Engineering's Office
1 Civic Square
Laurie Slick
Carmel, IN 46032-
Jeremy Kashman James Crider
Director Director of Administration
7/7/2023
HOWARD COMPANIES
INDIANAPOLIS, IN 46221 -
109868
2916 KENTUCKY AVE
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
372681
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
78943
2201Department:2201Fund:Motor Vehicle Highway FND
43-502.00Account:
BrookshirePaving1 $238,862.00 $238,862.00Each
238,862.00SubTotal
238,862.00
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. 109868
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
CzTfshfzHsfdivlijobu23;36qn-Kvm21-3134
CORPORATE OFFICE
TEL 800.327.8903
1646 Summer Street - Hammond, IN 46320
www.ALWARRENOIL.com
City of Carmel 06/21/23
st3400W. 131 St
Carmel, IN 46074
Attn: Jason Armes
Please accept this letter as the equipment agreement between Al Warren Oil Company, Inc.
AWOC) and the City of Carmel. AWOC will provide the following equipment at no cost to
st3400W. 131 St Carmel, IN 46074.
Equipment
Two (2) 2,500-gallon tanks and related dispensing equipment for On-Road B20 Diesel
Fuel and 87octane gas.
Two (2) 560-gallon tanks and related dispensing equipment for Off-Road Diesel Fuel (1
stthtankgoesto3400W. 131 St and 1 tank goes to 4915 E. 106 St Carmel, IN 46032
Terms & Conditions
1) The above-listed equipment will remain the property of AWOC.
2) AWOC will be the sole supplier of fuel for these tanks for a minimum period of 4 years.
3) AWOC will provide basic maintenance on the equipment at no cost to the City of
Carmel. If the equipment requires repairs or replacement parts due to misuse or abuse,
then AWOC will invoice the City of Carmel, accordingly.
4) AWOC will install fuel-level monitoring in order to schedule deliveries based on
operational need and market conditions.
5) There is a $1200 delivery and set-up fee for the 4 tanks.
Sincerely,
Arnie Berg
Business Development Manager Acceptance Date
CzTfshfzHsfdivlijobu21;66bn-Kvm18-3134
Decorative Paving Company
Street Department - 2023
Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #109841
Contract Not To Exceed $174,125.00
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Street Department
Bid Proposal Package for “23-STR-06 Palladium Pavers” received by the City of Carmel Board of Public Works
and Safety on or about June 7, 2023, all of which documents are incorporated herein by reference, and that
the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect.
Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services
provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and
are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
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
S:\\Contracts\\Departments\\Street\\2023\\Decorative Paving Company Goods and Services.docx:6/29/2023 9:01 AM\]
2
Decorative Paving Company
Street Department - 2023
Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #109841
Contract Not To Exceed $174,125.00
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.
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.
S:\\Contracts\\Departments\\Street\\2023\\Decorative Paving Company Goods and Services.docx:6/29/2023 9:01 AM\]
3
Decorative Paving Company
Street Department - 2023
Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #109841
Contract Not To Exceed $174,125.00
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.
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
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Decorative Paving Company
39 Glendale-Milford Road
Loveland, Ohio 45410
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.
S:\\Contracts\\Departments\\Street\\2023\\Decorative Paving Company Goods and Services.docx:6/29/2023 9:01 AM\]
4
Decorative Paving Company
Street Department - 2023
Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #109841
Contract Not To Exceed $174,125.00
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
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. 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.
27. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
28. DEBARMENT AND SUSPENSION
28.1 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
S:\\Contracts\\Departments\\Street\\2023\\Decorative Paving Company Goods and Services.docx:6/29/2023 9:01 AM\]
5
Decorative Paving Company
Street Department - 2023
Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #109841
Contract Not To Exceed $174,125.00
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
28.2 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.
29. 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.
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\\Street\\2023\\Decorative Paving Company Goods and Services.docx:6/29/2023 9:01 AM\]
6
Exhibit A
Alternate 1: Horseshoe Aprons
Depicted as orange areas on map.
Approximately 350 square feet
Contractor is to remove the concrete brick pavers and replace with Belden Regimental Full Range Clay
pavers, size 4” X 8” X2 ¾”.
For Alternate 1, bituminous base or sand may need tobe added during the replacement ofthe pavers.
Gator Maxx polymeric sand, beige color, tobe used in the joints of the pavers.
Alternate 2: West Sidewalks
Depicted asgreen areas on map.
Approximately 3200 square feet
Contractor is to remove the concrete brick pavers and replace with Belden Regimental Full Range Clay
pavers, size 4” X 8” X 2 ¼”. Contractor is to remove and replace grout joints with caulk for granite
pavers and ensure that all surfaces match up and no trip hazard is created.
For Alternate 2, sand may need tobe added during the replacement of the pavers. Gator Maxx polymeric
sand, beige color, tobe used in the joints of the pavers.
Alternate 3: Granite Curb
Depicted as ared line on map.
On the West side of the Palladium, approximately 14.5lineal ft of concrete curb tobe removed and
replaced with granite curb. Color of granite to be Carnelian, with thermal finish. This is located along the
curb outside the box office entrance.
23-STR-06 PALLADIUM PAVERS SPECIFICATIONS
The City of Carmel Street Department is requesting pricing for multiple locations for brick paver and curb
replacement at the Palladium, 1Carter Green, Carmel, IN 46032.
At specified locations, Contractor is to remove existing concrete brick pavers, replace with specified
Belden clay pavers. Any other brand must be pre-approved by City Street Department representative. At
one location, Contractor is toremove concrete curb and replace with granite curb.
Contractor responsibilities:
Remove and dispose of existing concrete brick pavers
Clean and level base stone
Place specified pavers with Gator Maxx polymeric sand, beige color
Work with Palladium to schedule work
Set up and maintain proper work zone, as specified by MUTCD standards
Maintain clean work area
Contractor is responsible for the purchase of all materials for this project.
Base Bid: Box Office Entrance
For Palladium Box Office Entrance area, there are two colors ofBelden pavers to be installed.
Box Office Area: Depicted as blue area on map.
Approximately 4300 sq ft
Contractor is to remove the concrete brick pavers and replace with Belden Regimental Full Range
Permeable Clay pavers, size 4” X 8” X 2 ¾”.
Drive Lane Area: Depicted aspurple line on map.
Approximately 100 lineal ft
Contractor is to remove the concrete brick pavers and replace with Belden Gray Permeable Clay pavers,
size 4” X 8” X 2 ¾”. This area is used for lane marking.
For this base bid, #8washed gravel may need to be added during replacement of pavers.
TL
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: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
6/26/2023
DECORATIVE PAVING COMPANY
LOVELAND, OH 45140 -
109841
39 GLENDALE-MILFORD ROAD
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
370157
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
78669
2201Department:2201Fund:Motor Vehicle Highway FND
43-502.02Account:
PalladiumPavers1 $174,125.00 $174,125.00Each
174,125.00SubTotal
174,125.00
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. 109841
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
Clerk 7-12-23
BPW 7-19-23
Reviewed/Approved
CPD Horner 6/29/23 STREETS Privett 6/29/23
CFD Heavner 6/30/23 ENGINEERING Kashman 7/12/23
CRED Brewer 7/11/23
Clerk 7-12-23
BPW 7-19-23
Reviewed/Approved
CPD Horner 6-29-23 STREET Privett 6-29-23
CFD Heavner 6-30-23 ENG N/A
CRED Brewer 7-11-23
ACKNOWLEDGEMENT AND AGREEMENT
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY PUBLIC USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms
and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for
any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and
by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the
Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my
organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees,
agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this
Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned
facility and/or property.
Public Use Policy *
Karolyn Brumley / CRED
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Karolyn Brumley
Printed Name and Title (If applicable)
Phone Number (Required)
1 Civic Square Carmel IN
Address of Organization/Applicant
6/28/2023
Date
I confirm that I am 18 years of age or older.
By selecting this box, I hereby acknowledge that I have read and fully
understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be
bound by all the terms and conditions set forth therein.
Public Use Policy Acknowledgement and Agreement (Required)
GO TO SUBMIT TAB AND CLICK ON SUBMIT
Clerk 7-12-23
BPW 7-19-23
Reviewed/Approved
CPD Horner 6-29-23 STREET Privett 6-29-23
CFD Heavner 6-30-23 ENG N/A
CRED Brewer 7-11-23
Clerk 7-12-23
BPW 7-19-23
Reviewed/Approved
CPD Horner 6-29-23 STREETS Privett 6-29-23
CFD Heavner 6-30-23 ENG N/A
CRED Brewer 7-11-23
Clerk 6-28-23
BPW 7-5-23
Reviewed/Approved Via Email
CPD Horner 6/21/23 STREETS Privett 6/23/23
CFD Heavner 6/21/23 ENGINEERING Kirsh 6/23/23
CRED Brewer 6/23/23
Clerk 7-12-23
BPW 7-19-23
RETRO-RATIFICATION
MAYOR APPROVED 7-12-23 / SEE EMAIL
Reviewed/Approved
CPD Horner 7-10-23 STREETS Privett 7-11-23
CFD Heavner 7-10-23 ENGINEERING Kashman 7-12-23
CRED Brewer 7-11-23
Not closing street
Adding handicapped parking spaces
on west side of Veterans Way. See map.
Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not
match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the
property of interest.
Hamilton County, IN - Property Report for Parcel #: 16-10-30-03-02-013.000
Current Owner as of June 08, 2023
This information is updated 5 times a week.
Legal Description:
Acreage .00 Section 30, Township 18, Range 4 JOHN A PHELPS Lot 9
Section/Township/Range:
30/18/4
Subdivision Name:
JOHN A PHELPS
Subdivision Section:
Not Available
Deeded Acres:
0
Political Township:
Clay
Lot Number(s):
9
Last Recorded Date:
Not Available
PROPERTY ADDRESS:
321 1st Ave SE
Carmel, IN 46032
DEEDED OWNER
Van Ostrand Fakehany, Derek T & Amy C
321 1st Ave SE
Carmel, IN 46032
SUMMARY INFORMATION:
Parcel Number: 16-10-30-03-02-013.000
State Parcel Number: 29-10-30-302-013.000-018
3850 Priority Way South Drive, Suite 110
Indianapolis, IN. 46240
Phone: 317-779-2194
June 21, 2023
City of Carmel
Board of Public Works
One Civil Square
Carmel, IN 46032
Re: Ace Hardware – Village of West Clay (PZ-2023-00032)
To Whom it May Concern:
SPACECO, Inc., on behalf of our client, Kennmar, is requesting two drive cuts for the proposed
Ace Hardware development to be located at 2425 Harleston St, Carmel, IN 46032.
The driveways would be connected directly to Harleston Street and are designed in accordance
with the City of Carmel design and construction standards.
Please let us know if you have any questions or require additional data on this matter.
Sincerely,
Dillon Reynolds, PE
Senior Project Manager
SPACECO, Inc.
PROPOSED
865 W 136th Street
Indianapolis, IN | St. Louis, MO | .www.weihe.net | (800) 452-6408 | Fax: (317) 843-0546
Allan H. Weihe, P.E., L.S. - Founder
April 21, 2023
Mr. Caleb Warner
City of Carmel
Engineering Department
One Civic Square
Carmel, IN 46032
RE: Reed Property
Dear Mr. Caleb Warner:
We would like to request a waiver for subsurface drains under all swales as it relates to chapter
300 of the Stormwater Technical Manual. Swales on the property will serve two private property
owners which are not part of a larger development of subdivision. This requirement is above and
beyond what the typical resident would be expected to maintain. 6” Underdrains will be provided
at each of the receiving structures, extending out 5’ from the structure.
Should you have any further questions or requests for additional information pertaining to this
waiver request, please contact me at 317-846-6611.
Sincerely,
Ryan Roosen, P.E.
Project Manager, Residential Development
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200200050862CHARLES
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July 11, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: STORMWATER TECHNICAL STANDARDS WAIVER – WOODLAND COUNTRY CLUB
Dear Board Members:
Ryan Murray, PE, with Cripe has requested a waiver from the Stormwater Technical Standards Manual in
association with a proposed golf and tennis pavilion project at the Woodland Country Club (exhibits
attached).
The Department of Engineering, in review of the proposed conditions and design standards, has
determined that the waivers requested are valid given the existing site constraints involved with the
project and recommend approval.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Architecture | Civil Engineering | Land Surveying + Construction Engineering | Equipment Planning | Real Estate Services
July 10, 2023
Mr. Caleb Warner
City of Carmel Engineering Department
One Civic Square
Carmel, IN 46032
RE: Woodland Country Club Drainage Variance
Dear Mr. Warner:
Cripe and Woodland Country Club are requesting variances from the following requirements of
the City Carmel’s Stormwater Technical Standards:
Section 102.02 V - An existing project site layout that shall include the following
information:
a. A topographic map of the land to be developed and such adjoining land whose
topography may affect the layout or drainage of the development. When a road
borders the land being developed, the survey shall include the road to the limits of the
right-of-way on the opposite side of the road and across entire frontage. The contour
intervals shall be one (1) foot if the general slope of the development is less than or
equal to three percent (3%) and shall be two (2) feet when the general slope is
greater than three percent (>3%). All elevations shall be given in North American
Vertical Datum of 1988 (NAVD). The horizontal datum of topographic map shall be
based on Indiana State Plane Coordinates, NAD83. The map will contain a notation
indicating these datum information. The names of adjoining properties shall be
labeled on the map.
a] If the project site is less than or equal to two (2) acres in total land area, the
topographic map shall include all topography of land surrounding the site to a
distance of at least one hundred (100) feet.
Reason: The club is a very large property in excess of 65 acres. The topographic map
provided in the plans is sufficient for the areas where there is proposed construction.
Section 102.02 xi - A grading and drainage plan, including the following information:
a. Existing drainage facilities, including size, material, invert elevations and top casting
information. Existing structure and pipe information shall be as-built information and
not design information.
b. Location of all proposed site improvements, including roads, utilities, lot delineation
and identification, proposed structures, and common areas.
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Alex Jordon
Carmel Engineering Department
July 10, 2023 Page #2
c. One hundred (100) year floodplains, floodway fringes, and floodways established in
accordance with the City of Carmel Flood Hazard Area Ordinance. Please note if
none exists.
d. Delineation of all proposed land disturbing activities, including off-site activities that
will provide services to the project site.
e. Information regarding any off-site borrow, stockpile, or disposal areas that are
associated with a project site, and under the control of the project site owner.
f. Proposed topographic information at one-foot contour interval based on NAVD 1988.
g. Details of all existing streams and watercourses, and new drainage systems such as
culverts, bridges, storm sewers, sub-surface drains (for both swales and roadways),
curbing, conveyance channels, and 100-year overflow paths/ponding areas shown as
hatched areas, along with all associated easements. Details to be shown include
structure locations, with structure number reference and top of casting elevations,
piping between structures as well as other drainage pipe (roof drains, subsurface
drains, etc.). Existing structure and pipe information shall be as-built information and
not design elevations.
h. Indication as to the system being public or private.
i. Locations of any off-site drainage swales, ditches and any other facilities that
discharge onto the site of the proposed subdivision.
j. Location, size, and dimensions of features such as permanent retention or detention
facilities, including natural or constructed wetlands, used for the purpose of
stormwater management. Include existing retention or detention facilities that will be
maintained, enlarged, or otherwise altered and new ponds or basins to be built, critical
pond elevations, pond bottom elevation, top bank elevation, spillway location and
elevation, and transverse slopes of dry detention areas.
k. Emergency flood routing path(s) and their invert elevations from detention facilities to
the receiving system.
l. One or more typical cross sections of all existing and proposed channels or other open
drainage facilities carried to a point above the 100-year high water and showing the
elevation of the existing land and the proposed changes, together with the high water
elevations expected from the 100-year storm under the controlled conditions called for
by the City of Carmel’s Stormwater Management Ordinance, and the relationship of
structures, streets, and other facilities.
m. A drainage summary, which summarizes the basic conditions of the drainage design,
including site acreage, off-site/upstream acreage, allowable release rates, post-
developed 10-year, and 100-year flows leaving the site, volume of detention
required,
volume of detention provided, and any release rate.
n. If a storm sewer or similar type of system is used, provide details showing connection
to the main system or method of discharge into stream or reservoir, distance to stream
outlet, locations and sizes of lift stations, manholes, inlets, junction boxes, and other
necessary appurtenances.
o. The elevations at each corner of every lot, all grade breaks (in swales, or lots and
streets), a minimum house pad elevation for each lot or block, and the flood
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Alex Jordon
Carmel Engineering Department
July 10, 2023 Page #3
protection grade for each lot or block.
p. Definition of minimum flood protection grade in accordance with this manual.
q. Drainage arrows shall be indicated for all surface drainage, swales and on each side
of every break in swale slopes.
r. Label slopes of all surface drainage swales.
s. Typical cross section of pond if not in accordance with standard cross section.
t. Other information required by the Digital Submission Policy.
Reason: Again, the club is a large property and it is not practical to survey the entire site
to provide the requested information for areas not being affected by the proposed
projects. In addition, the parking lot to the west of the tennis courts was designed to be a
detention area which is controlled by a sluice gate. This was approved by the county
and no information is available on the design. Bringing the overall club up code to the
release rates contained in the Stormwater Technical Standards Manual is not practical.
The proposed projects are being designed to meet the runoff rates are included in the
drainage report that was submitted.
Section 102.03 A stormwater drainage technical report shall contain a discussion of the
steps taken in the design of the stormwater drainage system. Note that in order to gain
an understanding of and to evaluate the relationship between the proposed
improvements for a specific project section/phase and the proposed improvements for
an overall multi-section (phased) project, the detailed information requested herein for
the first section/phase being permitted shall be accompanied by an overall project plan
that includes the location, dimensions, and supporting analyses of all detention/retention
facilities, primary conveyance facilities, and outlet conditions. Analysis that includes
impact of or impact on existing drainage facilities shall be based on the as-built
condition, not the original design condition. The technical report needs to include the
following detailed items:
i. Drainage calculations:
a. Pre-development calculations
i. Pre-development watershed map, including the drainage area
designation corresponding to the designations in the drainage
calculations, the area in acres for each drainage area and any off-site
drainage areas that need to be accommodated by the system,
including the fully developed right-of-way per the City of Carmel
Thoroughfare Plan, the post developed curve numbers for each
drainage area.
ii. Pre-existing soils hydrologic group calculations.
iii. Soils hydrologic group calculations.
iv. Existing conditions peak runoff calculations including the runoff curve
number calculation, time of concentration calculation, and
anticipated “C” values of master planned areas.
v. Rainfall intensity data table.
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Alex Jordon
Carmel Engineering Department
July 10, 2023 Page #4
Reason: The club is a large property and the areas being affected by the project are only
a very small portion. Analyzing the entire site for stormwater compliance would make the
proposed projects impractical. The parking lot to the west of the tennis courts was
designed to be a detention area which is controlled by a sluice gate. This was approved
by the county and no information is available on the design. Bringing the overall club up
code to the release rates contained in the Stormwater Technical Standards Manual is not
practical. The proposed projects are being designed to meet the runoff rates are
included in the drainage report that was submitted.
Section 302.06 10 - No residential lots, or any part thereof, shall be used for any part of a
detention basin, assumed full to the 100-year water surface elevation or the emergency
overflow weir elevation, whichever is higher. Detention basins, assumed full to the 100-
year water surface elevation or the emergency overflow weir elevation, whichever is
higher, shall be placed within a common area either platted or legally described and
recorded as a perpetual stormwater easement. A minimum of fifteen (15) feet
horizontally from the top of bank of the facility, or the 100-year pool if no defined top of
bank is present, shall be dedicated as permanent stormwater easement if the above-
noted boundary of the common area does not extend that far.
Reason: The project is not residential and there are no common areas. The detention for
the tennis facility will be confined to an oversized pipe with an outlet control structure.
The detention will be owned and maintained by Woodland Country Club.
Section 303.07 - Ponding and overflow path throughout the development resulting from
a 100-year storm event or from a flood route of an internal detention pond or off-site
development or watershed, calculated based on all contributing drainage areas, on-site
and off-site, in their proposed or reasonably anticipated land use and with the storm
pipe system assumed completely plugged, shall be determined, clearly shown as
hatched area on the plans, and a minimum width of 30 feet along the centerline of the
overflow path contained in permanent drainage easements and shall remain within the
limits of the development (shall not encroach onto adjacent properties). A statement
shall be added to the secondary plat that would refer the viewer to the construction
plans to see the entire extent of overflow path as hatched areas. No fences or
landscaping or any other above grade improvements can be constructed within the
easement areas that may impede the free flow of stormwater. These areas shall be
designated as flood routes and contained in common areas that are to be maintained
in accordance with restrictive covenants, codes or policies. The Lowest Adjacent Grade
for all residential, commercial, or industrial buildings shall be set a minimum of 2 feet
above the highest noted overflow path/ponding elevation across the property frontage.
All buildings shall have a minimum flood protection grade shown on the secondary plat.
Minimum Flood Protection Grade of all structures fronting a pond or open ditch shall be
no less than 2 feet above any adjacent 100-year local or regional flood elevations,
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Alex Jordon
Carmel Engineering Department
July 10, 2023 Page #5
whichever is greater, for all windows, doors, pipe entrances, window wells, and any other
structure member where floodwaters can enter a building.
The overflow path/ponding may be modeled as successive series of natural ponds and
open channel segments. Consideration shall be given to the highest ground elevations
along the overflow path. Ponds should be modeled similar to that discussed for
modeling depressional areas in Section 302.02. Channels should be modeled according
to modeling techniques discussed earlier in this Chapter. The calculations for
determining the 100-year overflow path/ponding elevations may be based on hand
calculation methods utilizing normal depth calculations and storage routing techniques
or performed by computer models. Examples of computer models that either
individually or in combination with other models can handle the required computations
include TR-20, HEC-HMS, and HEC-1, combined with HEC-RAS. Other models may be
acceptable and should be accepted by the City of Carmel prior to their utilization.
Values in Table 303.03 may be utilized as an alternative to the above-noted detailed
calculations for determining the required pad elevations of buildings near an overflow
path.
If Table 303.03 is used, the City of Carmel reserves the right to require independent
calculations to verify that the proposed building pads provide approximately 2 feet of
freeboard above the anticipated overflow path/ponding elevations.
In the case of existing upstream detention, an allowance equivalent to the reduction in
flow rate provided may be made for upstream detention only when: (1) such detention
and release rate have previously been accepted by the City of Carmel official charged
with the approval authority at the time of the acceptance, and (2) evidence of its
construction and maintenance can be shown.
Reason: There are a number of existing buildings and parking areas that are on the site.
There are also a number of drainageways that traverse the golf course. A large pond was
constructed on the course to help mitigate past flooding issues in the area. Much of the
site drains to this pond. The minimal amount of additional impervious area should not
have an adverse effect on the watershed.
Section 701.05 - The City of Carmel has designated a number of pre-approved BMP
methods to be used as part of the stormwater quality management system in order to
achieve the TSS removal stormwater quality goals according to §6-203 of the Carmel City
Code. These BMP measures are listed along with their anticipated average TSS removal
rates in Table 701-1. Pre-approved BMPs have been proven/are assumed to achieve the
average TSS removal rates indicated in Table 701--1. Applicants desiring to use a
different TSS removal rate for these BMPs must follow the requirements discussed above
for Innovative BMPs. Details regarding the applicability and design of these pre-
approved BMPs are contained within fact sheets presented in Appendix 701-1.
Telephone 317.844.6777 www.cripe.biz
9339 Priority Way West Drive, Suite 100, Indianapolis, Indiana 46240
Alex Jordon
Carmel Engineering Department
July 10, 2023 Page #6
A single BMP measure may not be adequate to achieve the water quality goals for all
pollutants associated with a project. It is for this reason that the City of Carmel requires
all water leaving a site shall be treated by a minimum of two BMPs as part of a
stormwater quality management system. At least one of the BMPs must be capable of
removing the major pollutants identified in the Storm Water Pollution Prevention Plan.
Reason: Due to the location of the tennis courts in relation to the swale to the east, there is
physically enough room to provide 2 BMP’s. Stormwater from the tennis courts is treated
by one BMP before it outfalls into the swale. Water that reached the swale then flows
across the golf course and into a detention pond. The long flow length across the
grassed golf course acts as a filter before the stormwater leaves the site.
We thank you in advance for considering these waiver requests and would respectfully request
to be placed on the July 19, 2023 Board of Works agenda. If you have questions or concerns,
please feel free to reach out.
CRIPE | Engineering
Gary Murray, PE, LEED AP
Director
Cc: Alex Jordon
Dave Coots
Brad Frawley
O:\2022\220139\20000\Docs\Engr\Correspondence\Drainage Variance Request Ltr.docx
RESOLUTION NO. BPW- 07-19-23-02
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPOINTING SPECIAL POLICE OFFICERS
WHEREAS, the Animal Control Specialists/Community Service Officers (“CSOs”) are civilian employees
of the Carmel Police Department who enforce the parking and animal control provisions of Carmel City Code; and
WHEREAS, numerous parking and animal code enforcement provisions fall exclusively under Indiana
Code, and, as civilian employees, CSOs do not currently have the power to enforce infractions under Indiana Code;
and
WHEREAS, Indiana Code § 36-8-3-7 grants the City of Carmel Board of Public Works and Safety (the
Safety Board”) authority to “appoint and swear an additional number of special police officers … to do special duty
within the city” (“Special Police Officers”); and
WHEREAS, Indiana Code § 36-8-3-7 further provides that Special Police Officers shall only have those
powers, privileges, and duties assigned to them by the Safety Board and only while fulfilling the specific
responsibilities for which the appointment is made, must wear a uniform that is easily distinguishable from uniforms
for state and local law enforcement agencies, and may be removed by the Safety Board at any time without notice
and without cause; and
WHEREAS, Special Police Officers under Indiana Code § 36-8-3-7 are specifically exempted from the basic
training requirements for a law enforcement officer under Indiana Code Chapter 5-2-1; and
WHEREAS, in order to better balance resources and improve economic efficiency, the Carmel Police
Department requests that the Safety Board authorize CSOs Samuel Brown and Austin Webb to enforce certain
infractions under Indiana Code; and
WHEREAS, the Safety Board, pursuant to its authority under Indiana Code § 36-8-3-7, now desires to
appoint and swear CSOs Samuel Brown and Austin Webb as Special Police Officers for the limited purpose of
enforcing parking and animal code provisions under Indiana Code where the violations of said provisions are
infractions.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety, that:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. CSO Samuel Brown is hereby appointed, under Indiana Code § 36-8-3-7, as a Special
Police Officer for the City of Carmel for the limited purpose of enforcing parking and animal code provisions
of Indiana Code where the violations of said provisions constitute an infraction, pursuant to the following
conditions:
a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Samuel Brown shall:
i) Continue at his current rate of pay with the Carmel Police Department;
ii) Wear the CSO uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies;
iii) Remain an at-will employee of the Carmel Police Department;
iv) Obey the rules of the Carmel Police Department; and
v) Be subject to the Police Chief.
b) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Samuel Brown shall not:
i) Carry a firearm on his person;
ii) Make an arrest; or
iii) Conduct a search or a seizure of a person or property, except for the
impoundment of animals and/or towing of vehicles, as permitted by Indiana
Code and/or Carmel City Code.
c) Samuel Brown shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever
occurs first.
Section 3. CSO Austin Webb is hereby appointed, under Indiana Code § 36-8-3-7, as a Special
Police Officer for the City of Carmel for the limited purpose of enforcing parking and animal code provisions
of Indiana Code where the violations of said provisions constitute an infraction, pursuant to the following
conditions:
a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Austin Webb shall:
i) Continue at his current rate of pay with the Carmel Police Department;
ii) Wear the CSO uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies;
iii) Remain an at-will employee of the Carmel Police Department;
iv) Obey the rules of the Carmel Police Department; and
v) Be subject to the Police Chief.
b) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Austin Webb shall not:
i) Carry a firearm on his person;
ii) Make an arrest; or
iii) Conduct a search or a seizure of a person or property, except for the
impoundment of animals and/or towing of vehicles, as permitted by Indiana
Code and/or Carmel City Code.
c) Austin Webb shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever
occurs first.
SO RESOLVED by the City of Carmel Board of Public Works and Safety, this 19th day of July, 2023.
CARMEL 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, City Clerk
Date:
Attachment 1
OATH OF SPECIAL POLICE OFFICER
I, ____________________________, do solemnly swear
that I will support the Constitution of the United States
and the Constitution of the State of Indiana,
and that I will faithfully and impartially discharge my duties
as a Special Police Officer of the City of Carmel, Indiana,
according to the law and the best of my ability,
so help me God.
Attachment 2
OATH OF SPECIAL POLICE OFFICER
I, ____________________________, do solemnly swear
that I will support the Constitution of the United States
and the Constitution of the State of Indiana,
and that I will faithfully and impartially discharge my duties
as a Special Police Officer of the City of Carmel, Indiana,
according to the law and the best of my ability,
so help me God.