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Board of Public Works & Safety

Regular Meeting

Noblesville, IN · June 10, 2025

AgendaMinutes

Agenda

BOARD OF PUBLIC WORKS AND SAFETY Jack Martin, President John Ditslear PROPOSED AGENDA Laurie Dyer Robert J. Elmer CITY HALL Council Chamber BOARD OF PUBLIC WORKS AND SAFETY TUESDAY, JUNE 10, 2025 – 9:00 AM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PETITIONS OR COMMENTS BY CITIZENS WHO ARE PRESENT APPROVAL OF AGENDA CONSENT AGENDA FOR APPROVAL #1 APPROVAL OF MINUTES: MAY 27, 2025 #2 BOARD TO CONSIDER A SECONDARY PLAT FOR EAST BANK, LOT 1 (JOYCEANN YELTON) #3 BOARD TO CONSIDER TEMPORARY CLOSURE OF LOGAN STREET BETWEEN STATE ROAD 19 AND 10TH STREET, 8TH AND 9TH STREETS BETWEEN CLINTON AND CONNER STREETS, AND USE OF NORTH AND EAST ALLEYS ON JULY 19 FOR THE ANNUAL STREET DANCE (RENÉ GULLEY) #4 BOARD TO CONSIDER TEMPORARY CLOSURE OF 9TH STREET BETWEEN LOGAN AND CONNER STREETS, USE OF THE NORTH, EAST AND SOUTH ALLEYS, AND CLOSURE OF FOUR PARKING SPACES ON THE SOUTH SIDE OF LOGAN STREET FOR THE ANNUAL FALL FEST ON OCTOBER 3 (RENÉ GULLEY) #5 BOARD TO CONSIDER TEMPORARY CLOSURE OF PARKING SPACES ON LOGAN, HANNIBAL, AND CHERRY STREETS, MAPLE AVENUE, AND FEDERAL HILL COURT FOR TROLLEY STOPS FOR THE ANNUAL DECK THE DOWNTOWN EVENT ON DECEMBER 5 (RENÉ GULLEY) #6 BOARD TO CONSIDER ACCEPTANCE OF WARRANTY DEED AND TEMPORARY HIGHWAY EASEMENT GRANT FOR PARCEL 9 OF OLIO ROAD, 146TH STREET TO 156TH STREET PROJECT (JIM HELLMANN) #7 BOARD TO CONSIDER ACCEPTANCE OF WARRANTY DEED AND TEMPORARY HIGHWAY EASEMENT GRANT FOR PARCEL 11 OF OLIO ROAD, 146TH STREET TO 156TH STREET PROJECT (JIM HELLMANN) #8 BOARD TO CONSIDER RELEASE OF PERFORMANCE BOND FOR EROSION CONTROL FOR WASHINGTON BUSINESS PARK, PHASE 1 (JUSTIN HUBBARD) CONTRACTS/PURCHASES UNDER $50,000 (APPROVED BY MAYOR OR DIRECTOR) #9 ONE-YEAR SERVICES AGREEMENT WITH PROTEAM TACTICAL PERFORMANCE FOR FUNCTIONAL MOVEMENT SCREENINGS FOR NOBLESVILLE FIRE DEPARTMENT MEMBERS (CAPTAIN SETH JONES) #10 PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PUBLIC SAFETY BUILDING AND OTHER ON-CALL SERVICES (ASSISTANT CHIEF BRAD ARNOLD) Page 1 of 2 BOARD OF PUBLIC WORKS AND SAFETY Jack Martin, President John Ditslear PROPOSED AGENDA Laurie Dyer Robert J. Elmer CITY HALL Council Chamber BOARD OF PUBLIC WORKS AND SAFETY TUESDAY, JUNE 10, 2025 – 9:00 AM NEW ITEMS FOR DISCUSSION #1 BOARD TO CONSIDER SERVICES AGREEMENT WITH SONDHI SOLUTIONS, LLC, DOING BUSINESS AS EXOS IT (SARAH REED) #2 BOARD TO CONSIDER PROFESSIONAL SERVICES AGREEMENT WITH VERIDUS GROUP INC. FOR ARCHITECTURE FOR PUBLIC SAFETY BUILDING (JONATHAN HUGHES) #3 [PUBLIC HEARING] BOARD TO CONSIDER RESOLUTION RB-23-25, A RESOLUTION APPROVING A SCOPING AGREEMENT RELATED TO THE HEADWORKS IMPROVEMENT PROJECT (JONATHAN MIRGEAUX) #4 BOARD TO CONSIDER TEMPORARY CLOSURE OF 146TH STREET BETWEEN OLIO ROAD AND PRAIRIE BAPTIST ROAD FOR ROAD REPAIRS (DEON OCHOA) #5 BOARD TO CONSIDER CHANGE ORDER NO. 4 AND PROJECT CLOSE-OUT WITH PONTEM CONTRACTORS FOR CARRINGTON ROAD PEDESTRIAN BRIDGE (DEON OCHOA) ADJOURNMENT Page 2 of 2 Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 1 INITIATED BY: Evelyn Lees ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025 MThe Board of Public Works and Safety met in regular session on Tuesday, May 27, 2025 in the Council chamber. Jack Martin called the meeting to order at 9:00 a.m. pursuant to public notice with the following members present: John Ditslear, Laurie Dyer and Rick Taylor. Robert Elmer was absent. Also present were City Clerk Evelyn Lees, Chief Deputy Clerk Nancy Bragg, City Attorney Jonathan Hughes, department directors, staff, and an interested citizen. PLEDGE OF ALLEGIANCE Mr. Martin led the chamber in the Pledge of Allegiance. PETITIONS OR COMMENTS BY CITIZENS WHO ARE PRESENT There were no comments from citizens. APPROVAL OF AGENDA Mr. Taylor moved to amend the agenda to add New Item #2A, Board to Consider First Amendment to Declaration of Easements for GLC Noblesville – Olio LLC and IJRI Properties, LLC, and approve the rest of the agenda as presented, second Mr. Ditslear, four ayes, motion carried. BID OPENING: NOBLESVILLE FIRE DEPARTMENT FIREBOAT Mr. Hughes stated no bids were received. He asked if anyone present knew of any bids. No one came forward. He stated the Fire Chief expected to receive bids. He recommended the Board keep the bids open and give permission to readvertise if necessary. Mr. Ditslear so moved, second Ms. Dyer, four ayes, motion carried. CONSENT AGENDA FOR APPROVAL #1 APPROVAL OF MINUTES: MAY 13, 2025 #2 BOARD TO CONSIDER TEMPORARY PARKING SPACE CLOSURES ON LOGAN STREET AND THE SOUTH ROW IN THE GOLD LOT FOR ST. MICHAEL’S EPISCOPAL CHURCH ANNUAL STRAWBERRY FESTIVAL (RENÉ GULLEY) #3 BOARD TO CONSIDER TEMPORARY STREET CLOSURE OF NORTH 9TH STREET FROM LOGAN STREET TO CONNER STREET AND CLOSURES OF EAST AND NORTH ALLEYS FOR MAIN STREET MAGIC OF THE SQUARE EVENT (RENÉ GULLEY) #4 BOARD TO CONSIDER ACCEPTANCE OF A SECONDARY PLAT FOR 5263 EAST 156TH STREET (DENISE ASCHLEMAN) #5 BOARD TO CONSIDER RELEASE OF EROSION CONTROL BOND FOR HYDE PARK, PHASE 2 (JUSTIN HUBBARD) #6 BOARD TO CONSIDER RELEASE OF MONUMENTATION BONDS FOR HAVENWOOD, SECTIONS 3, 4, AND 5 (JUSTIN HUBBARD) BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025, PAGE II CONTRACTS/PURCHASES UNDER $50,000 (APPROVED BY MAYOR OR DIRECTOR) #7 SERVICES AGREEMENT WITH THE EYE 4 GROUP TO PURCHASE AND INSTALL GRAPHICS PACKAGES FOR THE NEW PATROL VEHICLES PURCHASED IN 2025 (ASSISTANT CHIEF BRAD ARNOLD) #8 SUBSCRIPTION AGREEMENT WITH PERFORMYARD, INC. FOR A PERFORMANCE MANAGEMENT SOFTWARE PLATFORM (HOLLY RAMON) #9 SERVICES AGREEMENT WITH AXIOM HRS FOR PERSONALIZED SUPPORT TO STREAMLINE PAYROLL ADMINISTRATION, PHASE 2 (JEFFREY SPALDING) #10 SERVICES AGREEMENT WITH AXIOM HRS FOR PERSONALIZED SUPPORT TO STREAMLINE PAYROLL MODERNIZATION STRATEGY, PHASE 2B (JEFFREY SPALDING) Mr. Taylor moved to approve the Consent Agenda as presented, second Ms. Dyer, four ayes, motion carried. NEW ITEMS FOR DISCUSSION #1 BOARD TO CONSIDER RESOLUTION RB-22-25, A RESOLUTION REGARDING DONATION OF SURPLUS PROPERTY (DIVISION CHIEF SCOTT HUNTER) Division Chief Scott Hunter stated this resolution concerned the donation of outdated Personal Protective Equipment (PPE) to the City’s sister city, Nova Prata, Brazil. He stated the equipment no longer met National Fire Protection Association (NFPA) standards and could no longer be used in the United States. He stated the Fire Department had donated used equipment to Nova Prata in the past. He stated there were 120 pieces of PPE to donate for $1.00, and the Fire Department already had replacement equipment. Mr. Taylor moved to approve Resolution RB- 22-25, second Mr. Ditslear, four ayes, motion carried. #2 BOARD TO CONSIDER RELEASE OF UTILITY EASEMENT AND VACATED RIGHTS-OF-WAY (JONATHAN HUGHES) Mr. Hughes stated most of the right-of-way needed for the East Bank project was vacated by the City before construction began, but the easements were retained. He stated there were no longer any utilities in most of the easements, so there was no need to retain them. He stated this item was a matter of cleaning up the documentation. He asked that the document be approved subject to replatting the property. Mr. Ditslear moved to approve release of the utility easement and vacated rights-of-way as presented subject to the replat, second Mr. Taylor, four ayes, motion carried. #2A BOARD TO CONSIDER FIRST AMENDMENT TO DECLARATION OF EASEMENTS FOR GLC NOBLESVILLE – OLIO LLC AND IJRI PROPERTIES, LLC (JONATHAN HUGHES) Mr. Hughes stated this amendment concerned the Borg-Warner property and the Indiana Joint Replacement Institute (IJRI) properties at 141st Street and Olio Road. He stated originally there were three parcels, with the pond as part of the IJRI property. He stated the City owned the third parcel. He stated there was an easement allowing the GLC property to drain to the IJRI property at the time. He stated now the pond would be a separate parcel, so an amendment was needed. He stated the GLC and IJRI properties would be required to pay for maintenance of the pond and the drive to the properties. Mr. Taylor moved to approve the first amendment to declaration of BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025, PAGE III easements for GLC Noblesville – Olio LLC and IJRI Properties, LLC, second Mr. Ditslear, four ayes, motion carried. #3 BOARD TO CONSIDER TEMPORARY CLOSURE OF LOGAN STREET BETWEEN 12TH STREET AND 14TH STREET FOR A NEIGHBORHOOD BLOCK PARTY (RENÉ GULLEY) Street Commissioner Patty Johnson spoke on behalf of René Gulley. Ms. Johnson stated Chris Nurnberger requested to close Logan Street between 12th and 14th Streets for a block party. She stated the party would be held on June 22 from 2:00 p.m. to 7:00 p.m. Mr. Taylor moved to approve the temporary closure of Logan Street between 12th Street and 14th Street for a neighborhood block party, second Ms. Dyer, four ayes, motion carried. #4 BOARD TO CONSIDER APPROVAL OF SERVICES AGREEMENT WITH ARGOS GOVERNMENT SOLUTIONS FOR IN-VEHICLE GPS EQUIPMENT AND MONITORING SOFTWARE FOR STREET AND UTILITY DEPARTMENTS (JAKE THOMPSON) Street Department Chief Operator Jake Thompson requested approval of an agreement with Argos Government Solutions for in-vehicle GPS equipment and monitoring software for the Street and Utility Departments. A Request for Proposals was issued earlier in the year. After review, Argos Government Solutions offered the options they found most useful at the best cost. The agreement would terminate on May 31, 2028 at a cost not to exceed $80,000.00. Mr. Ditslear moved to approve services agreement with Argos Government Solutions for in-vehicle GPS equipment and monitoring software for Street and Utilities, second Ms. Dyer, four ayes, motion carried. #5 BOARD TO CONSIDER REQUEST TO ADVERTISE FOR BIDS FOR TWO COMPACTOR TRUCKS (JAMES ALEXANDER) Street Department Fleet Manager James Alexander requested permission to advertise for bids for two compactor trucks to replace two trucks that were ten years old with approximately 100,000 miles. He stated the trucks were used for brush pickup. He stated the department had one other compactor truck that did not need to be replaced at this time. Mr. Taylor moved to approve the request to advertise for bids for two compactor trucks for the Street Department, second Mr. Ditslear, four ayes, motion carried. #6 BOARD TO CONSIDER APPROVAL OF SERVICES AGREEMENT WITH SLB PIPE SOLUTIONS, LLC FOR THE CSO 004 STORMWATER SEPARATION PROJECT (KRISTYN PARKER) Utility Department Project Manager Kristyn Parker stated five bids were received for the CSO 004 Stormwater Separation project. She stated SLB Pipe Solutions, LLC was the lowest responsive, responsible bidder. The contract would terminate on December 31, 2027 at a cost not to exceed $899,458.00. The project would separate sanitary and storm sewers in the CSO 004 basin. Streets impacted by the project included 14th Street from North Street to Central Avenue, and the area around 9th and Monument Streets. Mr. Taylor moved to approve the services agreement with SLB Pipe Solutions, LLC for the CSO 004 Stormwater Separation project, second Mr. Ditslear, four ayes, motion carried. #7 BOARD TO CONSIDER SPECIAL PURCHASE FROM CONSOLIDATED FLOORING FOR THE CITY HALL AND PUBLIC SAFETY BUILDING FLOORING PROJECT (DAVID DALE) Paralegal Lindsay Downing spoke on behalf of David Dale. She stated this special purchase was needed to purchase flooring for City Hall and the Public Safety Building. Facilities Manager David Dale stated carpet, vinyl tiles, and other hard surface flooring would be purchased. He stated approximately 20,000 square feet of flooring would be replaced. He stated Consolidated BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025, PAGE IV Flooring was selected as the vendor through Sourcewell. Using Sourcewell provided a discount of approximately 17.5 percent. Mr. Light joined the meeting. Mr. Dale stated using Sourcewell to procure the flooring allowed them to do more for less money. The cost of the flooring was $65,308.95. Mr. Ditslear moved to approve the special purchase from Consolidated Flooring for the City Hall and Public Safety Building flooring project, second Ms. Dyer, four ayes, motion carried. #8 BOARD TO CONSIDER SERVICES AGREEMENT WITH CONSOLIDATED FLOORING FOR THE INSTALLATION OF FLOORING AT CITY HALL AND THE PUBLIC SAFETY BUILDING (DAVID DALE) Facilities Manager David Dale stated this agreement was to allow Consolidated Flooring to install the flooring that would be purchased. The contract would terminate on December 1, 2027 at a cost not to exceed $35,089.48. Mr. Taylor moved to approve the services agreement with Consolidated Flooring for the installation of flooring at City Hall and the Public Safety Building, second Ms. Dyer, four ayes, motion carried. #9 BOARD TO CONSIDER A PRELIMINARY ENGINEERING CONTRACT WITH UNITED CONSULTING FOR THE LITTLE CHICAGO ROAD AND CARRIGAN ROAD ROUNDABOUT (ALISON KRUPSKI) Engineering Project Manager Andrew Rodewald spoke on behalf of Alison Krupski. Mr. Rodewald stated the City applied to the Metropolitan Planning Organization for funding to construct two roundabouts. He stated the City was awarded approximately $1.6 million in Highway Safety Improvement Program funds to construct a roundabout at Carrigan Road and Little Chicago Road. He stated the funds would be awarded in State Fiscal Year 2028, with construction expected in 2029. Ms. Reed joined the meeting. The contract would terminate on December 31, 2027 at a cost not to exceed $402,400.00. Mr. Taylor moved to approve the preliminary engineering contract with United Consulting for the Little Chicago Road and Carrigan Road roundabout, second Mr. Ditslear, four ayes, motion carried. #10 BOARD TO CONSIDER SERVICES AGREEMENT WITH LOCHMUELLER GROUP FOR DESIGN OF A ROUNDABOUT AT 141ST STREET AND HOWE ROAD (JIM HELLMANN) Assistant City Engineer Jim Hellmann stated the last roundabout needed on 141st Street was at Howe Road to provide an alternative route to Hamilton Town Center. He stated this contract was for design of the project. Mr. Martin asked when the roundabout would be constructed. Mr. Hellmann replied the project would bid July 27, 2026 with construction in the fall, depending on utility relocation completion. He stated lead time for utility relocation was currently 600 days. Mayor Jensen joined the meeting. The contract would terminate on December 31, 2028 at a cost not to exceed $479,540.00. Mr. Taylor moved to approve the services agreement with Lochmueller Group for design of a roundabout at 141st Street and Howe Road, second Ms. Dyer, four ayes, motion carried. Intentionally left blank BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025, PAGE V #11 BOARD TO CONSIDER CONTRACT WITH E&B PAVING, LLC FOR 2025 STREET REHABILITATION – CONTRACT III (ANDREW RODEWALD) Engineering Project Manager Andrew Rodewald stated bids were opened two weeks before for the 2025 Street Rehabilitation – Contract III project. He stated after review of the bids, E&B Paving, LLC was found to be the lowest responsive, responsible bidder at $2,008,130.97. Mr. Taylor moved to approve the contract with E&B Paving, LLC for the 2025 Street Rehabilitation – Contract III, second Ms. Dyer, four ayes, motion carried. #12 BOARD TO CONSIDER AMENDMENT TO THE NEXT LEVEL TRAILS GRANT AGREEMENT FOR NICKEL PLATE TRAIL (ANDREW RODEWALD) Engineering Project Manager Andrew Rodewald stated three years ago the City was awarded $3.1 million for a Next Level Trails grant from the Department of Natural Resources (DNR) to construct the Nickel Plate Trail. He stated bids for construction were lower than expected, and approximately $700,000.00 of the grant was not spent. He stated the DNR agreed to use the remaining funds for design of a bridge connecting the trail over 146th Street. He stated the agreement extends the end date of the grant funding to December 31, 2026. The agreement established the funds remaining for use by the City as $810,719.03. He stated the terms of this agreement were similar to those in the original grant agreement. Ms. Lees stated Mr. Martin had already approved the agreement electronically, so the Board would ratify Mr. Martin’s action. Mr. Ditslear moved to ratify the amendment to the Next Level Trails grant agreement for the Nickel Plate Trail, second Ms. Dyer, four ayes, motion carried. #13 BOARD TO CONSIDER PROFESSIONAL SERVICES AGREEMENT WITH CROSSROAD ENGINEERS FOR EMBRACE DOWNTOWN PROJECT (ANDREW RODEWALD) Engineering Project Manager Andrew Rodewald stated this contract was for final design of Phase IA of the Embrace Downtown project. He stated construction was planned for 2026. Mr. Martin asked how many phases the project would have. Mr. Rodewald replied there would be more than one, but they were not sure how many yet. He stated there would be construction during warm weather months, but each phase would be completed and would not be held over the winter. The contract would terminate on December 31, 2026 at a cost not to exceed $900,830.00. Mr. Taylor moved to approve the professional services agreement with CrossRoad Engineers for the Embrace Downtown project, second Ms. Dyer, four ayes, motion carried. OTHER BUSINESS Mayor Jensen thanked the Board for their service to the City. He thanked Mr. Taylor on behalf of the residents for nearly 49 years of service to the City. He stated he served beside Mr. Taylor on the Council, and when Mr. Taylor’s term ended, he continued serving in other capacities. He stated Mr. Taylor’s service reflected not only on Mr. Taylor but on the community. Mayor Jensen read a proclamation in Mr. Taylor’s honor. The Chamber stood and applauded Mr. Taylor. Mayor Jensen thanked Mr. Taylor on behalf of his office and presented gifts in honor of Mr. Taylor’s retirement. Mr. Taylor thanked the Mayor. He stated it had been an honor to serve the City. He stated he had worn a few hats, and it had been an honor. The Chamber applauded. Intentionally left blank BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE MAY 27, 2025, PAGE VI ADJOURNMENT There being no further business before the Board of Public Works and Safety this 27th day of May 2025, Mr. Martin adjourned the meeting. ______________________________ JACK MARTIN, PRESIDENT ATTEST: _____________________________ EVELYN L. LEES, CLERK Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 2 INITIATED BY: Joyceann Yelton ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 3 INITIATED BY: René Gulley ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 4 INITIATED BY: René Gulley ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 5 INITIATED BY: René Gulley ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 6 INITIATED BY: Jim Hellmann ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 7 INITIATED BY: Jim Hellmann ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 8 INITIATED BY: Justin Hubbard ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 9 INITIATED BY: Captain Seth Jones ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets 06.05.2025 Chris Jensen Mayor Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☒ Consent Agenda Item ☐ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 10 INITIATED BY: Assistant Chief Brad Arnold ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets 06/05/2025 Chris Jensen Mayor Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☐ Consent Agenda Item ☒ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 1 INITIATED BY: Sarah Reed ☐ Information Attached ☐ Verbal ☒ No Paperwork at Time of Packets Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☐ Consent Agenda Item ☒ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 2 INITIATED BY: Jonathan Hughes ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets SERVICES AGREEMENT This Services Agreement (hereinafter referred to as “Agreement”), entered into by and between the City of Noblesville, Indiana, a municipal corporation (hereinafter referred to as “City”) and Veridus Group, Inc., an Indiana corporation (hereinafter referred to as “Contractor”), and its successors and assigns, as of the date the last of the parties hereto shall have executed this Agreement as evidenced by the dates below their respective signatures on this Agreement (the “Effective Date”). In consideration of those mutual undertakings and covenants, the parties agree as follows: SECTION I. INTERPRETATION AND INTENT 1.1 The “Agreement”, as referred to herein, shall mean this Agreement executed by City and Contractor, and shall include this Services Agreement and the Exhibit A attached hereto, and any written supplemental agreement or modification entered into between City and Contractor, in writing, after the date of this Agreement. 1.2 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or verbal, between City and Contractor. No statements, promises or agreements whatsoever, in writing or verbal, in conflict with the terms of the Agreement have been made by City or Contractor which in any way modify, vary, alter, enlarge or invalidate any of the provisions and obligations herein stated. This Agreement may be amended and modified only in writing signed by both City and Contractor. 1.3 In resolving conflicts, errors, discrepancies and disputes concerning the scope of the work or services to be performed by Contractor or other rights or obligations of City or Contractor the document or provision thereof expressing the greater quantity, quality or scope of service or imposing the greater obligation upon Contractor and affording the greater right or remedy to City, shall govern. 1.4 Any interpretation applied to this Agreement, by the parties hereto, by an arbitrator, court of law, or by any other third party, shall not be made against City solely by virtue of City or City’s representatives having drafted all or any portion of this Agreement. 1.5 This Agreement shall include, and incorporate by reference, any provision, covenant or condition required or provided by law or by regulation of any state or federal regulatory or funding agency. SECTION II. DUTIES OF CONTRACTOR 2.1 Contractor shall provide services as specified in Exhibit A, attached hereto and incorporated into this Agreement. SECTION III. TERM 3.1 The term of this Agreement shall begin upon execution and terminate December 31, 2028, (“Termination Date”) unless terminated earlier in accordance with this Agreement. SECTION IV. COMPENSATION 4.1 Contractor proposes to furnish all labor, materials and supplies in accordance with the conditions of this Agreement necessary to complete the work as defined in Exhibit A. Compensation shall not exceed Six Hundred Fifty Thousand Nine Hundred Seventy-Three and NO/100 Dollars ($650,973.00). Payments shall be made within forty-five (45) days of Contractor’s invoice, provided that Contractor shall submit one invoice at the end of each calendar month, and no more frequently. Each invoice shall correspond to the payment schedule set forth on Exhibit B. To the extent the payment schedule set forth on Exhibit B includes amounts due for periods prior to the Effective Date of this Agreement, Contractor shall invoice the City for such amounts, and the City shall pay those invoices within forty-five (45) days of receipt. Notwithstanding anything contained herein to the contrary, Contractor hereby acknowledges and agrees that Contractor has received payments in full from the City for the months of January, February, March, and April of 2025, in the amounts set forth on Exhibit B. Such payments shall be deemed made against and applied toward the fixed sum compensation set forth in this Agreement, and Contractor shall not be entitled to any additional compensation for those months. 4.2 The following expenses shall be considered reimbursable and may be invoiced at their direct cost on the applicable monthly invoices (the “Reimbursable Expenses”). Reimbursable Expenses shall not exceed, in the aggregate, Fifteen Thousand and NO/100 Dollars ($15,000.00) over the term of this Agreement. Reimbursable Expenses include the following: A. Reproduction services for plans and specifications; B. Overnight postage, certified mail, and delivery services; C. Permit and application fees paid by Contractor; and D. Project-related mileage reimbursed at the then-current federal mileage rate. 4.3 Funding for a multi-year agreement is not guaranteed. All of the City’s obligations under this Agreement shall be subject to annual appropriation and shall not constitute a general obligation or indebtedness of the City. SECTION V. GENERAL PROVISIONS 5.1 Independent Contractor. The parties agree that Contractor is an independent contractor as that term is commonly used and is not an employee of the City. As such, Contractor is solely responsible for all taxes and none shall be withheld from the sums paid to Contractor. Contractor acknowledges that it is not insured in any manner by City for any loss of any kind whatsoever. Contractor has no authority, express or implied, to bind or obligate City in any way. 5.2 Subcontracting. Approval required. The parties agree that Contractor shall not subcontract, assign or delegate any portion of this Agreement or the services to be performed hereunder without prior written approval of City. In the event that City approves of any such subcontracting, assignment or delegation, Contractor shall remain solely responsible for managing, directing and paying the person or persons to whom such responsibilities or obligations are sublet, assigned or delegated. City shall have no obligation whatsoever toward such persons. Contractor shall take sole responsibility for the quality and quantity of any services rendered by such persons. Any consent given in accordance with this provision shall not be construed to relieve Contractor of any responsibility for performing under this Agreement. 5.3 Necessary Documentation. N/A 5.4 Records; Audit. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of services under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the Agreement period copies thereof, if requested, shall be furnished at no cost to City. 5.5 Ownership. 5.5.1 “Works” means works of authorship fixed in any tangible medium of expression by Contractor or its officers, employees, agents or subcontractors in the course of performing the services under this Agreement, including, but not limited to, computer programs, electronic art, computer generated art, notes, specifications, drawings, flow charts, memoranda, correspondence, records, notebooks, documentation, reports and charts, regardless of the medium in which they are fixed, and all copies thereof. 5.5.2 All Works made or created by Contractor, either solely or jointly with City, in the course of Contractor’s performance of services under this Agreement shall be deemed to be works for hire and are and shall be the exclusive property of City. At City’s request, Contractor will execute all documents reasonably required to confirm or perfect ownership of such Works and any corresponding copyright rights in and to such Works in City. Without the prior written consent of City, Contractor shall not use, copy or prepare derivative works of the Works, or any parts of them, other than as related to the performance of this Agreement. During the performance of this Agreement, Contractor shall be responsible for loss or damage to the Works while they are in Contractor’s possession or control. Any loss or damage shall be restored at Contractor’s expense. City shall have free and unlimited access to the Works at all times and, upon demand, shall have the right to claim and take possession of the Works and all copies. Notwithstanding the foregoing, Contractor shall be entitled to retain a set of its work papers for archival purposes only, in accordance with applicable professional standards. 5.6 Insurance. Minimum Insurance Requirements. Prior to commencing Work, the Contractor shall purchase and maintain from insurance companies lawfully authorized to do business in Indiana policies of insurance acceptable to the City, which afford the coverages set forth below. Insurance shall be written for not less than limits of liability specified or required by law, whichever coverage is greater, and shall include coverage for Contractor's indemnification obligations contained in this Agreement. Certificates of Insurance acceptable to the City shall be given to the City prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. Each policy must be endorsed to provide that the policy will not be cancelled or allowed to expire until at least thirty (30) days' prior written notice has been given to the City; provided however that such policies may be cancelled with only ten (10) days’ prior notice for non-payment of premium. The required coverages and limits which Contractor is required to obtain are as follows: A. Commercial General Liability Limits of Liability: $2,000,000 General Aggregate $1,000,000 Bodily Injury / Prop. Damage $1,000,000 Each Occurrence B. Workers’ Compensation and Employer’s Liability As required by Indiana law. C. Professional/Errors & Omissions Liability Limits of Liability $1,000,000 Each Occurrence $2,000,000 Aggregate All coverage provided above shall be endorsed to include the City as an additional insured except for the Workers’ Compensation / Employer’s Liability and Professional/Errors & Omissions policy. 5.7 Termination for Cause or Convenience. 5.7.1 If Contractor becomes insolvent, or if it refuses or fails to perform the work and services provided by this Agreement, or if it refuses to perform disputed work or services as directed pending resolution of such dispute, or if it fails to make payments to subcontractors employed by it, or if it otherwise violates or fails to perform any term, covenant or provision of this Agreement, then City may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part, in writing, provided that Contractor shall be given (1) not less than ten (10) calendar days written notice of City’s intent to terminate, and (2) an opportunity for consultation with City prior to termination. In determining the amount of final payment to be made to Contractor upon such termination for default, if any, no amount shall be allowed for anticipated profit on unperformed services or other work; furthermore, an adjustment shall be made to the extent of any additional costs incurred or reasonably foreseen by City to be incurred by reason of Contractor’s default. 5.7.2 This Agreement may be terminated in whole or in part in writing by City for City’s convenience; provided that Contractor is given (1) not less than ten (10) calendar days written notice of intent to terminate and (2) an opportunity for consultation with City prior to termination. If City terminates for convenience, Contractor’s compensation shall be equitably adjusted. 5.7.3 Upon receipt of notice of termination for default or for City’s convenience, Contractor shall (1) promptly discontinue all services affected, unless the termination notice directs otherwise, and (2) deliver or otherwise make available to City all Works and such other information, materials or documents as may have been accumulated by Contractor in performing this Agreement, whether completed or in process. 5.7.4 If, after termination for Contractor’s default, it is determined that Contractor was not in default, the termination shall be deemed to have been made for the convenience of City. In such event, adjustment of the price provided for in this Agreement shall be made as provided in Section 5.7.1 and the recovery of such price adjustment shall be Contractor’s sole remedy and recovery. 5.8 Termination for Failure of Funding. Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement by City are at any time insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise, then City shall have the right to terminate this Agreement without penalty by giving written notice documenting the lack of funding, in which instance this Agreement shall terminate and become null and void on the last day of the fiscal period for which appropriations were received. City agrees that it will make its best efforts to obtain sufficient funds, including but not limited to, requesting in its budget for each fiscal period during the term hereof sufficient funds to meet its obligations hereunder in full. 5.9 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City and its board, agents and employees of any of them (“Indemnitees”) from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees and court costs and other expenses, arising out of or resulting from any negligent acts, errors, or omissions of the Work. The Contractor’s indemnification under this Section shall survive both final payment and the termination of this Agreement. 5.10 Notice. Any notice required to be sent under this Agreement shall be sent by internationally recognized overnight courier, certified mail, or other delivery method which provides confirmation of receipt and shall be directed to the persons and addresses specified below (or such other persons and/or addresses as any party may indicate by giving notice to the other party): To Contractor: To City: City of Noblesville Attn: Matt Light 16 S. 10th Street Noblesville, IN 46060 Courtesy Copy: City Attorney 16 S. 10th Street Noblesville, IN 46060 5.11 Disputes. Contractor shall carry on all work required under this Agreement and maintain the schedule for services during all disputes or disagreements with City. No work shall be delayed or postponed pending resolution of any disputes or disagreements except as Contractor and City may otherwise agree in writing. Should Contractor fail to continue to perform its responsibilities as regards all non-disputed work without delay, any additional costs incurred by City or Contractor as a result of such failure to proceed shall be borne by Contractor, and Contractor shall make no claim against the City for such costs. City may withhold payments on disputed items pending resolution of the dispute. 5.12 Non-discrimination. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The Contractor will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 5.13 Conflict of Interest. 5.13.1 Contractor certifies and warrants to City that neither it nor any of its officers, agents, employees, or subcontractors who will participate in the performance of any services required by this Agreement has or will have any conflict of interest, direct or indirect, with City. 5.13.2 For purposes of compliance with IC 36-1-21, Contractor certifies and warrants to City that Contractor, or a person who wholly or partially owns Contractor, is not a relative, as that term is defined by IC 36-1-21-3, of an elected official of Noblesville, Indiana. 5.14 Non-contingent Fees. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this warranty City shall have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 5.15 Force Majeure. In the event that either party is unable to perform any of its obligations under this Agreement – or to enjoy any of its benefits – because of fire, explosion, power blackout, natural disaster, strike, embargo, labor disputes, war, terrorism, acts of God, acts or decrees of governmental bodies or other causes beyond such party’s reasonable control (hereinafter referred to as the “Force Majeure Event”), the party who has been so affected shall immediately give notice to the other and shall take commercially reasonable actions to resume performance. Upon receipt of such notice, all obligations under this Agreement shall immediately be suspended except for payment obligations with respect to service already provided. If the period of nonperformance exceeds sixty (60) days from the receipt of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement. 5.16 Applicable Laws; Forum. 5.16.1 Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations or ordinances, and all provisions required thereby to be included in this Agreement are hereby incorporated by reference. This includes, but is not limited to, the Federal Civil Rights Act of 1964 and, if applicable, the Drug-Free Workplace Act of 1988. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by City and Contractor to determine whether the provisions of the Agreement require formal modification. 5.16.2 This Agreement shall be construed in accordance with the laws of the State of Indiana, and by all applicable Municipal Ordinance or Codes of the City of Noblesville, County of Hamilton. Suit, if any, shall be brought in the State of Indiana, County of Hamilton. 5.17 Waiver. City’s delay or inaction in pursuing its remedies set forth in this Agreement, or available by law, shall not operate as a waiver of any of City’s rights or remedies. 5.18 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the provision shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provisions shall continue in full force and effect. 5.19 Attorneys’ Fees. Contractor shall be liable to City for reasonable attorneys’ fees incurred by City in connection with the collection or attempt to collect, any damages arising from the negligent or wrongful act or omission of Contractor, or from Contractor’s failure to fulfill any provisions or responsibility provided herein. 5.20 Successors and Assigns. City and Contractor each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as otherwise provided herein, Contractor shall not assign, sublet or transfer its interest in this Agreement without the written consent of City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of City or the Contractor. 5.21 Authority to Bind Contractor. Notwithstanding anything in this Agreement to the contrary, the signatory for Contractor represents that he/she has been duly authorized to execute agreements on behalf of Contractor and has obtained all necessary or applicable approval from the home office of Contractor to make this Agreement fully binding upon Contractor when his/her signature is affixed and accepted by City. 5.22 Debarment and Suspension 5.22.1 Contractor certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any Federal assistance program by any Federal department or 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 Contractor. 5.22.2 Contractor certifies, by entering into this Agreement, that it does not engage in investment activities in Iran as more particularly described in IC 5-22-16.5. 5.22.3 Contractor shall provide immediate written notice to City if, at any time after entering into this Agreement, Contractor learns that its certifications were erroneous when submitted, or Contractor is debarred, suspended, proposed for debarment, declared ineligible, has been included on a list or received notice of intent to include on a list created pursuant to IC 5-22-16.5, voluntarily excluded from or becomes ineligible for participation in any Federal assistance program. Any such event shall be cause for termination of this Agreement as provided herein. 5.22.4 Contractor shall not subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in any Federal assistance programs by any Federal department or agency, or by any department, agency or political subdivision of the State of Indiana. 5.23 Compliance With E-Verify Program. Pursuant to IC 22-5-1.7, Contractor shall enroll in and verify the work eligibility status of all newly hired employees of Contractor through the E-Verify Program (“Program”). Contractor is not required to verify the work eligibility status of all newly hired employees through the Program if the Program no longer exists. 5.23.1 Contractor and its subcontractors shall not knowingly employ or contract with an unauthorized alien or retain an employee or contract with a person that Contractor or its subcontractor subsequently learns is an unauthorized alien. If Contractor violates this Section 5.23, City shall require Contractor to remedy the violation not later than thirty (30) days after City notifies Contractor. If Contractor fails to remedy the violation within the thirty (30) day period, City shall terminate the contract for breach of contract. If City terminates the contract, Contractor shall, in addition to any other contractual remedies, be liable to City for actual damages. There is a rebuttable presumption that Contractor did not knowingly employ an unauthorized alien if Contractor verified the work eligibility status of the employee through the Program. 5.23.2 If Contractor employs or contracts with an unauthorized alien but City determines that terminating the contract would be detrimental to the public interest or public property, City may allow the contract to remain in effect until City procures a new contractor. 5.23.3 Contractor shall, prior to performing any work, require each subcontractor to certify to Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and has enrolled in the Program. Contractor shall maintain on file a certification from each subcontractor throughout the duration of the Project. If Contractor determines that a subcontractor is in violation of this Section 5.23, Contractor may terminate its contract with the subcontractor for such violation. 5.23.4 Pursuant to IC 22-5-1.7 a fully executed affidavit affirming that the business entity does not knowingly employ an unauthorized alien and confirming Contractors enrollment in the Program, unless the Program no longer exists, shall be filed with City prior to the execution of this Agreement. This Agreement shall not be deemed fully executed until such affidavit is filed with the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates subscribed below. CONTRACTOR: VERIDUS GROUP, INC., an Indiana corporation By: ____________________________________ Date:______________________ Printed: ________________________________ Title: __________________________________ Approved by the Board of Public Works and Safety of the City of Noblesville this __________ day of ____________________________________ 202_. ____________________________________ JACK MARTIN, PRESIDENT ____________________________________ JOHN DITSLEAR, MEMBER ____________________________________ LAURIE DYER, MEMBER ____________________________________ ROBERT J. ELMER, MEMBER ATTEST: ____________________________________ EVELYN L. LEES, CLERK CITY OF NOBLESVILLE, INDIANA E-Verify Affidavit Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is required to enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program. The Contractor is not required to verify the work eligibility status of all its newly hired employees through the E-Verify program if the E-Verify program no longer exists. The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E-Verify program. (Contractor): Veridus Group, Inc., an Indiana corporation By (Written Signature): _____________________________________________________ (Printed Name): _____________________________________________________ (Title): _____________________________________________________ Important - Notary Signature and Seal Required in the Space Below STATE OF _____________________ SS: COUNTY OF ____________________ Subscribed and sworn to before me this ______ day of _____________________, 20 ___. My commission expires: __________________ (Signed)_________________________ Residing in ____________________________ County, State of___________________ EXHIBIT A SCOPE OF WORK Pre-Construction Services 1. Work with Owner, Architect/Engineer (A/E), and Constructor to develop/confirm the project development schedule. 2. Work with Owner, A/E, and Constructor to develop the overall pro-forma budget, including breakout of construction and non-construction costs (soft costs including all misc. fees). 3. Work with A/E and Constructor throughout the design phases to validate or revise the project schedule and budget. 4. Assist in the coordination of the design and design review process. 5. Attend, participate in, and document periodic design meetings. 6. Review and comment on plans and specifications as they are developed. a. Perform a safety and security assessment through a Crime Prevention Through Environmental Design (CPTED) review. Construction Period Services 1. Assist Owner with internal and external communications to keep all stakeholders well-informed regarding the project status and any impacts to the schedule or budget. 2. Coordinate with A/E and Constructor to ensure all contractual requirements are met. 3. Attend OAC (Owner, Architect, Constructor) meetings, represent the Owner at these meetings, and ensure complete and accurate minutes for such meetings are provided. 4. Tour the construction site with Constructor and/or A/E (and Owner, if desired) at least once per week to observe the progress and quality of construction. 5. Perform periodic building envelope observations and make recommendations to the design and construction teams on opportunities and issues. 6. Participate in conferences and render advice and assistance to Owner to develop economic, efficient, and desirable design, development, and construction procedures. 7. Review and render advice to Owner concerning product samples and specifications provided to Owner by Constructor, subcontractors, and material suppliers for use at the project. 8. Receive and render advice to Owner on suggestions or recommendations which could improve the project or reduce construction time or costs through a standardized value engineering process. 9. Review and track all necessary conditional and unconditional lien releases and waivers and keep Owner informed of the status of all lien releases. 10. Review all change orders issued by the Constructor regarding the project and render advice to Owner about the form and content of such change orders in relation to the plans, specifications, and contract documents. 11. Monitor the schedule and budget with relation to the requested change orders and prepare schedule and/or cost recovery plans to keep the project on schedule and within budget. 12. Review and make recommendations on all payment requests pursuant to the contract documents, A/E’s agreements, or other consultants’ agreements related to the project. 13. Identify possible payment defaults on the part of Constructor, subcontractors, material suppliers, or any party who may have lien rights against the project. 14. Perform periodic observations of the project at least once a week, or as deemed necessary, to verify: (i) that the materials and labor being furnished are according to the plans, specifications and contract documents, (ii) that the work being billed in each payment request is completed in accordance to the plans, specifications, and contract documents, (iii) that the Constructor’s time schedule is being Maintained, as shown as attached to the construction contract, and (iv) that the costs are in line with Owner’s budget. 15. Assist Owner and A/E in the review of Constructor’s punch lists and the development of Owner’s punch list for the project, coordinate and assist project team in the completion of all such corrective work and participate in all inspections/observations. 16. Facilitate coordination between Owner, stakeholders, and the project team. 17. Provide weekly updates to Ownership team on pending action items. 18. Facilitate procurement of services outside of A/E and Constructor, if required. 19. Other services as needed. Post-Construction Services 1. Oversee the final building commissioning of all mechanical, electrical, and plumbing systems. 2. Oversee the final commissioning of the building envelope. 3. Coordinate the installation of any Owner Furnished Equipment. 4. Confirm completion of documentation for operations and maintenance manuals and as-built documents to include in a final digital project manual. 5. Identify critical warranty issues as they arise during the 12-month warranty period. 6. Facilitate and attend the warranty walkthrough and punch list 11 months after substantial completion and make notification to Constructor of any outstanding warranty issues. EXHIBIT B PAYMENT SCHEDULE Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☐ Consent Agenda Item ☒ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 3 INITIATED BY: Jonathan Mirgeaux ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets TO: Noblesville Board of Public Works and Safety FROM: Jonathan Mirgeaux, Utilities Director SUBJECT: Recommendation for selection of Public-Private Partnership Development Team DATE: June 10, 2025 On behalf of the Selection Committee, I appreciate the opportunity to present this memo and recommendation for selection of a developer team partner for the Headworks Rehabilitation Project at the Noblesville Utilities Wastewater Plant. A planning phase for this project was completed by Jones & Henry Engineers in 2024. On February 25th, the Utilities issued a Request for Proposals and Qualifications (RFPQ) seeking responses from developer partners who would work with the Utilities and Jones & Henry Engineers to design, build, operate, and maintain improvements to the wastewater plant’s Headworks building. The RFPQ specified: • Construct an odor control system • Install new ductwork and HVAC system • Replace raw sewage pumps • Replace piping and valves • Expand and reconfigure the electrical room to meet explosion-proof standards • Install liner for concrete flow channels, wet wells, and sludge well Replace flow channel and wet well gates Additional project goals and selection criteria were specified in the RFPQ, which is attached to this memo for reference. A Selection Committee met on multiple occasions to review, and discuss the response, and interview Offeror(s) to inform this recommendation. Based on the Selection Committee review and deliberations, the consensus was to request the Board of Public Works and Safety approve the selection of Thieneman Innovative Solutions as the Utilities’ Developer partner for this project. Thieneman is currently the Developer partner on the Sludge Process Improvements Project. The Selection Committee has determined Thieneman’s response as high quality and that it would be to the Utilities’ benefit to have both projects constructed simultaneously with Thieneman as the sole Developer. The Selection Committee recommends Thieneman Construction based on the following advantages: • Project management approach utilizes Procore software to track all drawings, submittals, RFIs, schedules, etc. The project management will incorporate project preplanning, pull planning to prepare weekly plans, and planning boards to track task completion efforts. • Offers to lead interviews and investigations of potential equipment suppliers. • Intends to develop project designs in Revit 3d modeling with 4d video presentation displaying the planned project progress. The 3d model will be delivered to the City as a bonus project deliverable. • Thieneman project delivery team includes Noblesville residents who indicated local “ownership”. • Thieneman’s work on the Solids Handling Improvements BOT Project will streamline their efforts as there is overlap between the scopes of work between the two projects. After this selection, the Utilities will work with Thieneman Construction to negotiate and award a professional services agreement, using the Build-Operate-Transfer procurement method, to further define the scope, design services, material procurement, financing structure and total costs of the project, consistent with the project RFPQ and applicable law. The project budgets included within the Thieneman proposal were within the range and permissible factors specified in the RFPQ. We appreciate your consideration of the consensus recommendation and can address any questions that you may have about the recommendation and the process steps that will be completed in the coming months. Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☐ Consent Agenda Item ☒ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 4 INITIATED BY: Deon Ochoa ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets TO: NOBLESVILLE BOARD OF PUBLIC WORKS AND SAFETY FROM: ANDREW RODEWALD, PROJECT MANAGER, ENGINEERING SUBJECT: ROAD CLOSURE OF E 146TH STREET BETWEEN OLIO ROAD AND PRAIRIE BAPTIST ROAD DATE: JUNE 10, 2025 As part of the 2025 Street Rehabilitation – Contract III, 146th Street between Olio Road and Prairie Baptist Road will be reconstructed. This construction will not widen the road, but will restore it to a serviceable condition within existing right of way. This process requires a full closure of the road in order to fully rubblize the existing pavement, add a cement stabilization, cure, then pave. Access to the one residence on the east end of the project limit will be maintained. While early in project development, it is anticipated that this closure occurs in late June for a period of one week. Contract documents stipulate that the roadway be fully open to traffic by July 15 in order to provide a safe access for the soon to be open Innovation Mile Event Center. I recommend the Board of Public Works approve the closure of 146th Street between Olio Road and Prairie Baptist Road. In advance, I greatly appreciate your consideration of this request. 146th Street Closure Olio Road to Prairie Baptist Road 146th Street Road Closure Resident Access Olio Road Prairie Baptist Road Board of Public Works and Safety Agenda Item Cover Sheet MEETING DATE: June 10, 2025 ☐ Consent Agenda Item ☒ New Item for Discussion ☐ Previously Discussed Item ☐ Miscellaneous ITEM #: 5 INITIATED BY: Deon Ochoa ☒ Information Attached ☐ Verbal ☐ No Paperwork at Time of Packets TO:  NOBLESVILLE BOARD OF PUBLIC WORKS AND SAFETY FROM: DEON OCHOA, CONSTRUCTION MANAGER, ENGINEERING SUBJECT: Carrigan Road Pedestrian Bridge (EN-349-04) CHANGE ORDER #4 AND PROJECT CLOSE-OUT DATE: JUNE 10, 2025 On June 14, 2022, the city entered into an agreement with Pontem to rehabilitate the Carrigan road pedestrian walkway bridge. With the savings on this project, we were also able to rehabilitate portions of Riverwalk Trail and Stony Creek Trail. This change order results in the additional funds necessary to complete the repairs to Stony Creek Trail boardwalk. Pontem has completed punch list work on the projects, as requested, and has submitted the necessary close-out documentation including final lien waivers, consent of surety to final payment, and a maintenance bond. Original Contract Price $ 1,632,953.49 Net Changes from Previous Change Orders $ 60,944.70 Contract Price prior to this Change Order $ 1,693,898.19 Net Change of this Change Order $ 78,871.01 Contract Price with all Change Orders $ 1,772,769.20 I recommend the Board of Public Works approve Change Order 4 and approve final close-out for Carrigan Road Pedestrian bridge. In advance, I greatly appreciate your consideration of this request. Change Order Project: Carrigan Road Pedestrian Bridge Contract Number: EN-349-04 Change Order No: #4 (Final) Description / Justification Change order is to balance the contract quantities from the estimated quantities to the final actual constructed quantities, to close out the contract, and release retainage to the contractor. Change to Contract Price: Original Contract Price $ 1,632,953.49 Net Changes from Previous Change Orders $ 60,944.70 Contract Price prior to this Change Order $ 1,693,898.19 Net Change of this Change Order $ 78,871.01 Contract Price with all Change Orders $ 1,772,769.20 Change to Contract Time None Requested By:  Recommended By: Pontem Contractors Noblesville Engineering Department Ben Highsmith Deon Ochoa, Construction Manager Date Date All of which is approved by the Board of Public Works and Safety of the City of Noblesville this __________ day of ____________________________________ 2024. ____________________________________ Jack Martin, President ____________________________________ John Ditslear, Member ____________________________________ Laurie Dyer, Member ____________________________________ Robert J. Elmer, Member ATTEST: ____________________________________ Evelyn L. Lees, Clerk CITY OF NOBLESVILLE, INDIANA https://cityofnoblesvilleind.sharepoint.com/sites/EngineeringDepartment/Shared Documents/General/Board of Works/2025-06-10 Board of Works/DO Carrigan Road Pedestrian Bridge Final/Change Order _FINAL Pontem.docx Page 1 of 1 FINANCE & ACCOUNTING Funding Verification/Encumbrance Request Form Date to be submitted to BoW/Park Board: 6/10/25 (put N/A if not submitting to BoW/Park Board) Pontem Contractors Vendor name: ___________________________________________________________________________________ 4050 Rockville Rd Indianapolis IN 46222 Vendor Address: _________________________________________________________________________________ Change Order #4 / Close-out EN-349-04 Brief description of purchase: ______________________________________________________________________ Fund # 250 Source of Funding: Department # 026 Current Year Operational Budget Project # (NA if no project #) 026.2108 Subsequent Year Operational Budget1 Expense Object # Amount Funding not yet finalized (attach explanation)2 #1 $ 78,841.01 ✔ Loan or debt proceeds #2 Non-Appropriated Fund3 #3 1) This option may only be selected AFTER the adoption of the subsequent year budget. OFA will create a PO after the start of the next year. If contract details change in between form submission and the start of the year, contact OFA Staff. 2) This option may only be selected in unusual circumstances. An additional FVF will need to be submitted to OFA once funding source has been determined. OFA will not create a PO until this follow-up form has been submitted. 3) These funds are not appropriated through the annual budget process. They include but are not limited to grant funds and impact fee funds. Are you requesting that a Purchase Order (PO) be created for this expenditure? ✔ Yes Select for all purchases/contracts that will not be paid immediately No Select ONLY if department plans to initiate payment immediately The Department certifies that sufficient appropriation authority exists in the stated fund and expense series to obligate the expense for future payment. Department Director (Signature) (Printed Name) (Date) Please email completed form to OFAbudget@noblesville.in.us FOR OFFICE OF FINANCE AND ACCOUNTING USE ONLY OFA Action Taken Purchase Order Created PO # (if applicable): Reviewed Availability of funds (Contract/Purchase of over $50k or paid with debt proceeds only) OFA Signature No Action Taken (Department should still include this form in purchase/contract approval submission) Comments: Initials: Date: Rev 03/07/2023 Instructions When should this form be completed? 1. All agreements reviewed or purchases submitted for approval by the Mayor’s Office, Board of Works, or Park Board must be accompanied by a Funding Verification Form (FVF). This form should be completed and reviewed by OFA prior to submission of purchase or agreement to the Mayor’s Office. o Therefore, OFA must receive this form no later than 4:00 PM on the Friday prior to the Mayor’s Office’s submission deadline. Note: To ensure OFA has sufficient time to review and approve the FVF, please submit as early as possible. o For items to be reviewed by the Park Board, please ask OFA for FVF submission deadline. 2. The FVF is also the tool for encumbering funds for agreements with vendors that are not reviewed by the BoW or Park Board. Submitting this form to OFA will initiate the creation of a Purchase Order (PO) when appropriate. o Note: For agreements that do not require review by the BoW or Park Board, it is still advantageous for departments to encumber the funds as soon as an agreement with the vendor is reached. Completing the Form 1. Fill out information related to the vendor agreement and the source of payment. o Check one of the options for funding source; if funding is not yet in place (or it is based on next year’s budget), a PO will not be created until funding is finalized. o Individual PO’s can only be associated with only one (1) project, department, and fund. Therefore, if the cost of a contract is going to be split among multiple projects, departments, or funds, a separate FVF must be submitted for each. o An individual PO/encumbrance, however, may be split between multiple expense codes. Fill in each expense code associated with the agreement, as well as the cost associated with each expense code. 2. Along with vendor information and funding source, please indicate whether payment of the expense will be made in full on the next claims docket/billing cycle. o If you select “Yes”, then no PO number will be created. Selecting “No” will initiate the PO creation process. 3. The department director (or designee) must sign the form certifying that funding exists to pay for the full annual cost of the agreement. Note: The availability of existing appropriation authority can be checked by using the ‘Budget vs. Actual’ reports in OpenGov. o For agreements with costs exceeding $50,000, OFA Staff will also review the department’s available appropriation authority to certify that funding is available. o For agreements with costs funded from debt or loan proceeds, OFA Staff will also review available resources to certify that funding is available. 4. Once completed, transmit the form to OFABudget@noblesville.in.us. Please name the file as follows: Year, Month, Day, Fund #/Department #, brief description. o Example: “2020 02 25 – 101003 – OpenGov Contract” 5. After receiving the FVF, OFA Staff will review the submission, take whatever action is relevant, and will then transmit a copy back to the department. If a PO will be created, the PO number will be listed at the bottom of the form, and the PO will itself will be attached. Rev 03/07/2023

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