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Home My WebLink AboutPaperless Packet for BPW 05.05.21Board of Public Works and Safety Meeting Agenda Wednesday, May 5, 2021 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the April 21, 2021, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Award for 2021 Sewer Vac/Combo Truck; John Duffy, Director of the Department of Utilities b. Bid Opening for Auman Water Main Relocation; John Duffy, Director of the Department of Utilities 3. PERFORMANCE RELEASE APPROVAL REQUESTS a. Resolution BPW 05-05-21-01; Indianapolis Rehab Institute; Erosion Control; WB Development b. Resolution BPW 05-05-21-02; Woodside at West Clay; Erosion Control; Snap II Properties 4. CONTRACTS a. Resolution BPW-05-05-21-03; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between Owner and Contractor; Pyramid Technologies, Inc.; ($4,850.00); Tower Inspection and Repair; Timothy Renick, Director of Information and Communication Systems b. Request for Purchase of Goods and Services; MKSK Studios, Inc.; ($73,000.00); Well 25 and 26 Landscape Architecture; John Duffy, Director of the Department of Utilities c. Request for Purchase of Goods and Services; SavATree, LLC; ($22,740.00); Pesticide Application; Mike Hollibaugh, Director of the Department of Community Services d. Request for Purchase of Goods and Services; Stryker Medical, LLC; ($41,842.32); Power Load Cot System; Additional Services Amendment; Chief David Haboush, Carmel Fire Department e. Request for Purchase of Goods and Services; JAF Property Services, Inc.; ($37,959.00); Camera System; Additional Services Amendment; Chief James Barlow, Carmel Police Department f. Request for Purchase of Goods and Services; SWSS Acquisition, LLC; ($24,285.00); Door Installation; Chief David Haboush, Carmel Fire Department g. Request for Purchase of Goods and Services; Leach & Russell Mechanical Contractors, Inc.; ($65,038.00); Building Automation System; Additional Services Amendment; Terry Killen, Street Commissioner h. Request for Purchase of Goods and Services; Blunk Safety Systems, Inc.; ($132,195.53); Vehicle Emergency Lighting Kits, Utility Cabinets, K9 Kennel; Additional Services Amendment; Chief James Barlow, Carmel Police Department i. Request for Purchase of Goods and Services; Studio M Architecture and Planning, LLC.; ($217,000.00); Police Expansion Bridging Documents; Additional Services Amendment; James Crider, Director of Administration j. Request for Purchase of Goods and Services; MacQueen Equipment, LLC; ($646,800.00); Enforcer Pumper; Chief David Haboush, Carmel Fire Department k. Request for Purchase of Goods and Services; Bowen Engineering Corporation; ($439,574.00); Wastewater Treatment Scope; CO#1; John Duffy, Director of the Department of Utilities l. Request for Purchase of Goods and Services; United Consulting Engineers, Inc.; ($87,950.00); 16-SW-104 Supplement No. 1 – Smoky Row and Monon Trail Over Little Cool Creek; Additional Services Amendment; Jeremy Kashman, City Engineer m. Request for Purchase of Goods and Services; Minerva Bunker Gear Cleaners of Ohio Corp., ($11,523.00); Advanced Cleaning and Inspection Coat and Pant; Additional Services Amendment; Chief David Haboush, Carmel Fire Department n. Request for Purchase of Goods and Services; Paul I. Cripe, Inc.; ($30,000.00); Professional Services; Terry Killen, Street Commissioner 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Acknowledge Mayor’s Approval to Use Midtown Plaza / Reserved Parking; Colts Draft; April 29th, 2021, 7:30 PM – 8:30 PM; May 1st, 2021, 11:30 AM – 12:00 PM; Molly O’Connor, City of Carmel b. Request to Acknowledge Mayor’s Approval to Use Parking Lot / Temporary No Parking Signs; Carmel Elementary PTO Flower Pick up; April 30th, 2021; May 1st, 2021; 6:00 AM – 6:00 PM; Jon Dwyer, Carmel Elementary PTO c. Request to Use Midtown Plaza; Movies at Midtown / Midday at Midtown; Every Tuesday and Thursday, May – October, 2021; 11:30 AM – 1:00 PM; Every Monday, May – October; 11:00 AM – 9:00 PM; Molly O’Connor, City of Carmel d. Request to Use Midtown Plaza; Movies at Midtown; Every Monday, November – December, 2021; 12:00 PM – 9:00 PM; Molly O’Connor, City of Carmel e. Request to Use Civic Square; Music on the Monon; July 24th, July 31st, August 7th, 2021; 4:00 PM – 10:00 PM; Molly O’Connor, City of Carmel f. Request to Use Civic Square Gazebo; Bach to Rock Battle of the Bands; June 5th and June 12th, 2021; 12:00 PM – 11:00 PM; Emily Timmons, Bach To Rock g. Request to Use Japanese Garden; Wedding Ceremony; June 12th, 2021; 4:00 PM – 6:00 PM; Sara Boutros, Individual h. Request for Lane Restrictions; Carmel Dr., 3rd Ave, Elm and Monon Greenway - Donut 5K; December 18th, 2021; 8:00 AM – 10:00 AM; Todd Oliver, Carmel Road Racing i. Request to Use Sophia Square; IMCL VIP Event; June 12th, 2021; 4:30 PM – 11:30 PM; Sondra Schwieterman, IMCL Conference j. Request to Use Civic Square Gazebo; Indiana Dance Academy Recital; September 26th, 2021; 12:00 PM – 2:00 PM; Margot Pahud, Indiana Dance Academy k. Request to Use Monon and Main Plaza; Carmel International Arts Festival; September 24th, 2021 - September 26th, 2021; 3:00 PM – 7:00 PM; Rachel Ferry, Carmel International Arts Festival l. Request to Use East Plaza of Palladium; Carmel Farmers Market Bicycle Parking; Every Saturday, May 1st, 2021 – September 25th, 2021; 7:00 AM – 12:00 PM; Ronald Carter, Carmel Farmers Market m. Request to Use East Patio of the Palladium; Hotel Carmichael Wedding; September 5th, 2021; 1:30 PM – 6:00 PM; Kathy Ray, Hotel Carmichael n. Request to Use Carter Green; Mooncake Festival; August 21st, 2021; 12:00 PM – 9:00 PM; Meg Gates Osborne, City of Carmel o. Request to Use Civic Square Gazebo; Carmel Police National Night Out; August 3rd, 2021; 8:00 AM – 9:00 PM; Anna Flaming, Carmel Police Department p. Request to Use Main Street / Street Closure; Art of Wine; October 23rd, 2021; 9:00 AM – 11:00 PM; Karolyn Brumley, City of Carmel q. Request to Use Civic Square Gazebo; Valery Evlanov’s Music Students Spring Recital; May 29th, 2021; 1:00 PM – 7:00 PM; Alyona Tellez, Valery Evlanov’s Music r. Request for Lane Restrictions; West Clay, Coxhall Gardens; Run (317) Carmel; September 2nd, 2021; 1:00 PM – 9:30 PM; Jeff Graves, Vision Event Management 6. OTHER a. Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Aerial Utility Maintenance; Old Meridian and Guilford, Smoky Row Near Rohrer Road; Duke Energy b. Request for Waiver of BPW Resolution No. 04-28-17-01; Utility Pole Relocations; 111th and College; Duke Energy c. Request for Drive Vacation / Street Cut / Lane Restrictions; Magnolia Townhomes, 41 E. City Center Drive; Old Town d. Request for Lane Closure / Sidewalk Closure; Range Line Road, City Center Project; Crews & Sturtz e. Request for Open Pavement Cut / Lane Restrictions; 126th and Gray Road; AT&T f. Request for Lane Restrictions / Road Closure / Open Pavement Cut; 141 1st Ave NW; Zach Spitz, Elevation Excavation g. Request for Curb Cut / Construction Entrance; 11585 N Pennsylvania; Roger Ward h. Request for Storm Water Technical Standards Waiver; Magnolia Townhomes, 41 E. Center Drive; Various Sections; Derek Snyder, Crossroads i. Request for Storm Water Technical Standards Waiver; JADAM Property Group, 4511 W. 99th Street; Sec. 302.06, Sec. 302.08, Sec. 302.11; Don Humphrey, TESCO j. Request for Replat; Henry Roberts Heirs Addition, Lots 12, 13, and 14; Rebecca McGuckin, Old Town Companies 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, April 21, 2021 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER6 7 Mayor Brainard called the meeting to order at 10:00 AM 8 9 MEMBERS PRESENT10 11 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 12 were present. 13 14 MINUTES15 16 Minutes from the April 7, 2021, Regular Meeting were approved 3-0. 17 18 BID/QUOTE OPENINGS AND AWARDS 19 20 Bid Award for Golf Cart Paths – Brookshire; Bob Higgins, General Manager and Superintendent for 21 Brookshire Golf Course, recommended awarding the bid to Ace Paving as they were the lowest and most 22 responsive bidder. Board Member Burke moved to award the bid to Ace Paving in the amount of $1,080,000.00. 23 Board Member Watson seconded. Request approved 3-0. 24 25 Bid Opening for 2021 Combination Sewer Cleaner; Lori Watson opened the bids and Mayor James Brainard 26 read them aloud: 27 28 Contractor Bid 29 Jack Doheny Base $318,000.00 30 Alt 1 $333,000.00 31 32 Bid Opening for Bid Opening for Bridge Replacements and Bank Stabilization in Brookshire Golf Club and 33 Brookshire Mitigation Repairs; Lori Watson opened the bids and Mayor James Brainard read them aloud: 34 35 Contractor Bid 36 Clark Excavation and Utility $369,000.00 37 White Construction $515,000.00 38 Morphey Construction $598,000.00 39 40 PERFORMANCE RELEASE APPROVAL REQUESTS 41 42 Resolution BPW 04-21-21-01; Village of West Clay; Sec. 5001, Sec. 5002, Sec. 6001. Sec. 10002, Sec.10003, 43 Sec. 10004B, Sec. 12002A, Sec. 12002B, Sec. V02-A; Builder Walk; Board Member Burke moved to approve. 44 Board Member Watson seconded. Request approved 3-0. 45 46 47 48 49 CONTRACTS50 51 Request for Purchase of Goods and Services; Kuaba Gallery; ($3,250.00); Concrete Pedestal for Swing Me 52 Higher; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 53 54 Request for Purchase of Goods and Services; Officeworks Services, LLC; ($10,945.87); Conference Table and 55 Chairs; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 56 57 Request for Purchase of Goods and Services; Ace Paving, LLC; ($1,080,000.00); Asphalt Golf Cart Paths at 58 Brookshire Gold Course; Board Member Burke moved to approve. Board Member Watson seconded. Request 59 approved 3-0. 60 61 Request for Purchase of Goods and Services; Applied Concepts, Inc.; ($23,746.50); Radar Systems; Additional 62 Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 63 approved 3-0. 64 65 Request for Purchase of Goods and Services; AG Productions, LLC; ($52,800.00); Video Marketing, Content 66 management and Production; Additional Services Amendment; Board Member Burke moved to approve. Board 67 Member Watson seconded. Request approved 3-0. 68 69 Request for Purchase of Goods and Services; Hoosier Portable Restrooms, Inc.; ($41,600.00/$1,600.00 70 per/wk); Four Stall Shower Trailer Rental; Additional Services Amendment; Board Member Burke moved to 71 approve. Board Member Watson seconded. Request approved 3-0. 72 73 Request for Purchase of Goods and Services; Greenstreet Ltd, LLC; ($35,650.00); Carmel Comprehensive 74 Plan; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 75 seconded. Request approved 3-0. 76 77 Request for Purchase of Goods and Services; Leach and Russell Mechanical Contractors, Inc.; ($5,000.00); 78 HVAC Preventative Maintenance; Additional Services Amendment; Board Member Burke moved to approve. 79 Board Member Watson seconded. Request approved 3-0. 80 81 Request for Purchase of Goods and Services; Reith-Riley Construction Co. Inc.; (-$94.98); 16-ENG-05 96th 82 Street and Keystone Parkway; Change Order #17; Board Member Burke moved to approve. Board Member 83 Watson seconded. Request approved 3-0. 84 85 Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($960.00); Auman 86 Neighborhood Drainage 18-23; Change Order #1; Board Member Burke moved to approve. Board Member 87 Watson seconded. Request approved 3-0. 88 89 Request for Purchase of Goods and Services; White Construction; (-$153,600.85); 16-ENG-55, 16-ENG-97, 90 16-ENG-109, Main Street and Gray Road, Main Street Multi-Use Pathway, Carey Road and Main Street 91 Pathway Extension; Change Order #12; Board Member Burke moved to approve. Board Member Watson 92 seconded. Request approved 3-0. 93 94 Request for Agreement for Parking and Traffic Regulation on Private Business Property; Indiana Design 95 Center Parking Garage; 200 S Rangeline Rd; Board Member Burke moved to approve. Board Member Watson 96 seconded. Request approved 3-0. 97 98 99 100 REQUEST TO USE CITY STREETS/PROPERTY 101 102 Request to Use Civic Square Gazebo; Dog Safety with Hamilton County Humane Society; July 16th, 2021; 9:30 AM 103 – 11:30 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 104 105 Request to Use Civic Square Gazebo; Gather for Asian Americans; April 28th, 2021; 4:00 PM – 8:00 PM Board 106 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 107 108 Request to Use Civic Square Gazebo; Michl Wedding Ceremony; May 15th, 2021; 12:00 PM – 6:00 PM; Board 109 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 110 111 Request to Use Civic Square Gazebo; Indiana Wind Symphony Concert; June 18th, 2021; 3:00 PM – 10:00 PM; 112 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 113 114 Request to Use Civic Square Gazebo; Dog Days Event; June 27th, 2021; 12:00 PM – 7:00 PM; Board Member 115 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 116 117 Request to Use East Patio of Palladium; Shook Wedding Ceremony; June 25th, 2021; 1:30 PM – 6:00 PM; Board 118 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 119 120 Request to Use East Patio of Palladium; Maurer Wedding Ceremony; June 26th, 2021; 1:30 PM – 6:00 PM; Board 121 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 122 123 Request to Use East Patio of Palladium; Bonner Wedding Ceremony; June 19th, 2021; 1:30 PM – 6:00 PM; Board 124 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 125 126 Request to Use East Patio of Palladium; Coudret Wedding Ceremony; June 4th, 2021; 1:00 PM – 7:00 PM; Board 127 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 128 129 Request to Use City Streets / Street Closure; Old Town House Move, 1st Ave NW; Mid May 2021; 9:00 AM – 9:30 130 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 131 132 Request to Use City Sidewalk; Open House, 571 Monon Blvd; June 15th, 2021; 3:30 PM – 8:30 PM; Board 133 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 134 135 OTHER136 137 Request for Grant of Perpetual Storm Water Quality Management Easement; Board Member Burke moved to 138 approve. Board Member Watson seconded. Request approved 3-0. 139 140 Request for Consent to Encroach; 835 Winter Ct; Board Member Burke moved to approve. Board Member 141 Watson seconded. Request approved 3-0. 142 143 Request for Consent to Encroach; 827 Winter Ct; Board Member Burke moved to approve. Board Member 144 Watson seconded. Request approved 3-0. 145 146 Request for Consent to Encroach; 3563 Hintocks Circle; Board Member Burke moved to approve. Board 147 Member Watson seconded. Request approved 3-0. 148 149 Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Deficient Utility Poles; Various 150 Locations; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 151 Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Utility Pole Relocations; North 152 Range Line; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 153 154 Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane Restrictions; Installation of Aerial Facilities on 155 Relocated Poles; 141st and Wilmuth Drive; Board Member Burke moved to approve. Board Member Watson 156 seconded. Request approved 3-0. 157 158 Request for Grant of Perpetual Storm Water Quality Maintenance Approval; Mélange; Board Member Burke 159 moved to approve. Board Member Watson seconded. Request approved 3-0. 160 161 Request for Sidewalk Closure / Open Pavement Cut / Traffic Restrictions; Relocate Gas Mains; Range Line and 162 Walnut; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 163 164 Request for Driveway Width Variance; 117 Rolling Hill Drive; Board Member Burke moved to approve. Board 165 Member Watson seconded. Request approved 3-0. 166 167 Request for Replat; VOWC Section 6003B, Blocks 4 & 5; Board Member Burke moved to approve. Board 168 Member Watson seconded. Request approved 3-0. 169 170 ADD-ONS171 172 Request for Purchase of Goods and Services; Artist Development Company, LLC; ($65,650.00); Booking 173 Entertainment Fee and Performance Fees for Events; Board Member Burke moved to add the item on. Board 174 Member Watson seconded. Add-on approved 3-0; Board Member Burke moved to approve request. Board Member 175 Watson seconded. Request approved 3-0. 176 177 Request for Purchase of Goods and Services; Streetlight Data, Inc.; ($96,000.00 per year); Transportation 178 Analytics Platform; Board Member Burke moved to add the item on. Board Member Watson seconded. Add-on 179 approved 3-0; Board Member Burke moved to approve request. Board Member Watson seconded. Request approved 180 3-0. 181 182 Request for Parking and Traffic Regulation on Private Business Property; Monon and Main, LLC; Board 183 Member Burke moved to add the item on. Board Member Watson seconded. Add-on approved 3-0; Board Member 184 Burke moved to approve request. Board Member Watson seconded. Request approved 3-0. 185 186 ADJOURNMENT187 188 Mayor Brainard adjourned the meeting at 10:07 a.m. 189 190 APPROVED: 191 _____________________________________ 192 Sue Wolfgang – City Clerk 193 194 _____________________________________ 195 Mayor James Brainard 196 ATTEST: 197 198 __________________________________ 199 Sue Wolfgang – City Clerk 200 RESOLUTION NO. BPW 05-05-21-03 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 as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2021. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2021\\Acknowledge Agreement Pyramid Technologies, Inc. .docx4/28/202112:48PM Pyramid Technologies, Inc. Information Systems Department - 2021 Appropriation # 1115 43-501.00; P.O. #105188 Contract Not To Exceed $4,850.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Information Systems\\2021\\Pyramid Technologies, Inc. Goods and Services.doc:4/27/2021 1:47 PM\] 2 Pyramid Technologies, Inc. Information Systems Department - 2021 Appropriation # 1115 43-501.00; P.O. #105188 Contract Not To Exceed $4,850.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Information Systems\\2021\\Pyramid Technologies, Inc. Goods and Services.doc:4/27/2021 1:47 PM\] 3 Pyramid Technologies, Inc. Information Systems Department - 2021 Appropriation # 1115 43-501.00; P.O. #105188 Contract Not To Exceed $4,850.00 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 it is 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 st311 Avenue NW Department of Law Carmel, Indiana 46032 One Civic Square Carmel, Indiana 46032 If to Vendor: Pyramid Technologies, Inc. 1715 Stafford Road Plainfield, Indiana 46168 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Information Systems\\2021\\Pyramid Technologies, Inc. Goods and Services.doc:4/27/2021 1:47 PM\] 4 Pyramid Technologies, Inc. Information Systems Department - 2021 Appropriation # 1115 43-501.00; P.O. #105188 Contract Not To Exceed $4,850.00 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, 2021 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Information Systems\\2021\\Pyramid Technologies, Inc. Goods and Services.doc:4/27/2021 1:47 PM\] 5 Date:4/27/21 Quote 00001 Vendor City ofCarmel SiteID: Carmel Tower 5740 DECATUR BLVD INDIANAPOLIS, IN 46241 Tfinley@ptitelecom.com Customer P.O.: TERMS: DUE DATE: Total Amount for 4,850.0035Days06/01/2021 quote: Description Item # Qty. UOM Unit Price Subtotal Inspect tower for any loose bolts and 1$4,850.00 damage, correct anything minor and make recommendations ofanything major that needs tobe addressed tape off tower and where equipment isremove tsunami antenna’s andlines associated with them Submit Payment to: PYRAMID TECHOLOGIES Inc. 1715STAFFORD RD PLAINFIELD, IN46168 FYIJCJU B)2pg2* EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 INDIANA RETAIL TAX EXEMPT Page 1 of 1 City®f Carme CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105188 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 4/27/2021 375639 Carmel tower inspection and repair PYRAMID TECHNOLOGIES INC ICS VENDOR 1715 STAFFORD RD SHIP 31 1st Avenue N.W. TO Carmel, IN 46032- PLANFIELD, IN 46168 - Timothy Renick (317) 571-2576 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 55825 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1115 Fund: 101 General Fund Account. 43-501.00 1 Each Tower inspection and repair $4,850.00 $4,850.00 Sub Total $4,850.00 OF cq' ik"6N Send Invoice To: fi " ICS Quote # 00001 Timothy Renick 31 1st Avenue N.W. Carmel, IN 46032- 317) 571-2576 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $4,850.00 SHIPPING INSTRUCTIONS A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Timothy Renick TITLE Director CONTROL NO. 105188 CONTROLLER CzKpoPcfsmboefsbu21;3:bn-Bqs2:-3132 CzKpoPcfsmboefsbu21;67bn-Bqs34-3132 SavATree, LLC Department of Community Services - 2021 Appropriation # 11920 43-504.00; P.O. #105122 Contract Not To Exceed $22,740.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\DOCS\\2021\\Savatree, LLC Goods and Services.doc:3/30/2021 10:13 AM\] 2 SavATree, LLC Department of Community Services - 2021 Appropriation # 11920 43-504.00; P.O. #105122 Contract Not To Exceed $22,740.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\DOCS\\2021\\Savatree, LLC Goods and Services.doc:3/30/2021 10:13 AM\] 3 SavATree, LLC Department of Community Services - 2021 Appropriation # 11920 43-504.00; P.O. #105122 Contract Not To Exceed $22,740.00 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 it is 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 Department of Community Services Department of Law One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: SavATree, LLC 550 Bedford Road Bedford, New York 10507 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\DOCS\\2021\\Savatree, LLC Goods and Services.doc:3/30/2021 10:13 AM\] 4 SavATree, LLC Department of Community Services - 2021 Appropriation # 11920 43-504.00; P.O. #105122 Contract Not To Exceed $22,740.00 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, 2021 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\DOCS\\2021\\Savatree, LLC Goods and Services.doc:3/30/2021 10:13 AM\] 5 FYIJCJU B)2pg9* FYIJCJU B)3pg9* FYIJCJU B)4pg9* FYIJCJU B)5pg9* FYIJCJU B)6pg9* FYIJCJU B)7pg9* FYIJCJU B)8pg9* FYIJCJU B)9pg9* 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 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 105122 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Chemical application andother landscaping services3/25/2021373815 SAVATREE LLC Dept of Community Service VENDORSHIP550BEDFORDRD 1Civic Square TO Carmel, IN 46032- BEDFORD, NY 10507 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 55033 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1192101General Fund Account: 43-504.00 1EachPesticide Application$22,740.00$22,740.00 Sub Total 22,740.00 Send Invoice To: Dept of Community Service 1 Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 22,740.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Mike HollibaughJames Crider TITLE DirectorDirector of Administration CONTROL NO. 105122 CONTROLLER CzKpoPcfsmboefsbu2;58qn-Bqs2:-3132 Kameron Kampen Regional Sales Manager 22-2183590 4/19/2021 CzKpoPcfsmboefsbu22;4:bn-Bqs33-3132 FYIJCJU B)2pg2* CzKpoPcfsmboefsbu22;23bn-Bqs34-3132 SWSS Acquisition, LLC d/b/a Northside Garage Door Fire Department - 2021 Appropriation # 1120 43-501.00; P.O. #105127 Contract Not To Exceed $24,285.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\SWSS Acquisition, LLC dba Northside Garage Door Goods and Services.doc:4/21/2021 7:05 AM\] 2 SWSS Acquisition, LLC d/b/a Northside Garage Door Fire Department - 2021 Appropriation # 1120 43-501.00; P.O. #105127 Contract Not To Exceed $24,285.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\SWSS Acquisition, LLC dba Northside Garage Door Goods and Services.doc:4/21/2021 7:05 AM\] 3 SWSS Acquisition, LLC d/b/a Northside Garage Door Fire Department - 2021 Appropriation # 1120 43-501.00; P.O. #105127 Contract Not To Exceed $24,285.00 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 it is 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 Carmel Fire Department Department of Law Two Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: SWSS Acquisition, LLC d/b/a Northside Garage Door. 17555 Willow View Rd Unit C Noblesville, IN 46062 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\SWSS Acquisition, LLC dba Northside Garage Door Goods and Services.doc:4/21/2021 7:05 AM\] 4 SWSS Acquisition, LLC d/b/a Northside Garage Door Fire Department - 2021 Appropriation # 1120 43-501.00; P.O. #105127 Contract Not To Exceed $24,285.00 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, 2021 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. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\SWSS Acquisition, LLC dba Northside Garage Door Goods and Services.doc:4/21/2021 7:05 AM\] 5 FYIJCJU B)2pg2* 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 City®f Carme INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 HASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 4/19/2021 375620 Page 1 of 1 PURCHASE ORDER NUMBER 105172 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Replace Sta. 43 Bay Doors NORTHSIDE GARAGE DOOR SYSTEMS Carmel Fire Department VENDOR 17555 WILLOW VIEW RD SHIP 10701 N. College Avenue, Ste A SUITE C TO Carmel, IN 46032- NOBLESVILLE, IN 46062-4395 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 55608 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1120 Fund: 101 General Fund Account: 43-501.00 2 Each 2 Panel Glass Door to be installed Northside of Building $4,407.00 $8,814.00 3 Each 3 Glass Panel Door to be installed Southside of Building $4,857.00 $14,571.00 1 Each New Tracks $900.00 $900.00 1 Each Replace Sta. 43 Bay Doors with New Track Per Quote dated 2- $0.00 $0.00 9-21. Sub Total $24,285.00 Send Invoice To: Carmel Fire Department 2 Civic Square Carmel, IN 46032- DEPARTMENT 0 F CA Iij D- PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $24,285.00 SHIPPING INSTRUCTIONS AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE - `- THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Denise Snyder James Crider TITLE Accreditation/Budget Administrator Director of Administration CONTROL NO. 105172 CONTROLLER CzKpoPcfsmboefsbu3;34qn-Bqs34-3132 Studio M Architecture and Planning, LLC Department of Administration - 2021 Appropriation # Multipurpose Bond, Series 2021 CzKpoPcfsmboefsbu4;3:qn-Bqs37-3132ContractNotToExceed $217,000.00 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (“Agreement”) entered into by and between the City of Carmel and Studio M Architecture and Planning, LLC (the “Professional”), as City Contract dated May 4, 2016 shall amend the terms of the Agreement by adding the additional services to be provided by Professional consistent with the Scope of Work attached hereto and incorporated herein as Exhibit “A”. Furthermore, paragraph 5.1 of the Agreement is hereby amended to read as follows: 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Two Hundred Seventeen Thousand Dollars ($217,000.00) (the “Estimate”). Professional acknowledges and accepts that any payment for services performed under this agreement is contingent upon the issuance and sale of the Multipurpose Bond, Series 2021 (the “Bond”). Professional further acknowledges and accepts that iffor any reason whatsoever the Bond is not issued or sold, the Professional shall not be entitled to receive any payment for services rendered. City shall notify Professional when the Bond have been sold. Upon receiving such notice, Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided to City. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA STUDIO M ARCHITECTURE AND PLANNING, LLC by and through its Board of Public Works and Safety Ejhjubmmz!tjhofe!cz!Ebo!NpsjbsjuzBy: By: EO;!D>VT-! F>enpsjbsjuzAtuvejpnbsdijufduvsf/ofu- Ebo!NpsjbsjuzDO>Ebo!Npsjbsjuz Ebuf;!3132/15/37!24;4:;51.15(11( James Brainard, Presiding Officer Authorized Signature Date: EboNpsjbsjuz Printed Name Mary Ann Burke, Member Qsjodjqbm0Bqsjm37-3132 Date: Title S:\\joberlander\\Contracts\\Studio M Police Annex ASA 2021.doc:4/23/2021 12:29 PM\] Studio M Architecture and Planning, LLC Department of Administration - 2021 Appropriation # Multipurpose Bond, Series 2021 Contract Not To Exceed $217,000.00 Lori S. Watson, Member FID/TIN: Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: Sue Wolfgang, Clerk Date: S:\\joberlander\\Contracts\\Studio M Police Annex ASA 2021.doc:4/23/2021 12:29 PM\] p p p p FYIJCJU B)2pg3* FYIJCJU B)3pg3* CzKpoPcfsmboefsbu9;53bn-Bqs37-3132 CzKpoPcfsmboefsbu21;66bn-Bqs39-3132 CzKpoPcfsmboefsbu3;48qn-Bqs39-3132 FYIJCJU B)2pg2* CzKpoPcfsmboefsbu22;38bn-Bqs3:-3132 Efoojt!NdHvjsf Qsftjefou 46.1365599 Bqsjm!3:-!3132 Telephone 317.844.6777www.cripe.biz 3939 Priority Way South Drive, Suite 200,Indianapolis, Indiana 46240 March3, 2021 Mr. Terry Killen Street Commissioner City of Carmel Street Department st3400W. 131St. Carmel, Indiana 46074 PROPOSAL FOR FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR EXPANSION OF EXISTING STREET DEPARTMENT FACILITIESIN CARMEL,INDIANA DearMr. Killen: Paul I. Cripe, Inc. dba Cripe wantsto thank you for the opportunity to submit this proposal forarchitectural servicesfor the above referenced project (“Project”). We look forward to working withthe Cityof Carmel Street Departmenton this Project. To that extent, wehave reviewed the proposed project and have attempted to anticipate the necessary scope of servicesfor the project in orderto provide professionalservices. SCOPE OF SERVICES Based upon information provided by you in our meetings,Cripeunderstandsthe current scope of servicesto be as follows: Preliminary planning and feasibility study services for the proposed stexpansionoftheexistingStreetDepartmentfacilitiesat3400W. 131St.in Carmel, Indiana. Based upon this understanding, Cripehas developed the following detailed Scope of Services to be rendered: FYIJCJU B)2pg5* Telephone 317.844.6777www.cripe.biz 3939 Priority Way South Drive, Suite 200,Indianapolis, Indiana 46240 ARCHITECTURAL DESIGN SCOPE OF SERVICES Design phase services included withinour work effort are proposed to be as follows: Space programming. Architecturalservices only at this time. Preliminary design phase only atthis time. This will involve facility walk-throughs and meeting with leadership of StreetDepartment. Deliverables to involvestreet departmentprogrammatrix, land plansofexisting and potential new site options for expansion and/or new facilities, 2D floor plans of programs, and other documentation necessary in evaluating the best and most appropriate use of the proposed landsand desiredfacility. Jurisdictional review of the proposed sitesto determine alloweduse as well as build out areas. Preliminarysizing of expanding existing pond, or providing new, based on impervious calculations of architectural land plans. ARCHITECTURAL ASSUMPTIONS/EXCLUSIONS The above Scope of Services was based on the following assumptions and/or exclusions: Planning ofthe Street Department expansion and/or new facilitieswill be researched and presented on the existing Street Department property, in stadditiontothepotentialout-lotagainst W. 131St. at the Southeastern corner of the City of Carmel property. Upon completion of the planning phase,we will then provide a design services proposal based on the outcome as wellas desired construction delivery method. Construction Documentsand Construction Administrationare not included in this scope of services. If these assumptions prove not valid or the services require variance from the above assumptions and exclusions, Cripe may request an additional services contract to perform any additional scope ofservices requested by the Owner. Mr. TerryKillen CityofCarmelStreetDepartment FYIJCJUMarch3, 2021Page 2 B)3pg5* Telephone 317.844.6777www.cripe.biz 3939 Priority Way South Drive, Suite 200,Indianapolis, Indiana 46240 PROJECT BUDGET & SCHEDULE Cripe’s staff will attend weekly or bi-weekly planning design meetings working with Street Departmentinvolved.Four(4)design meetings are anticipated. Project cost is unknown at this time. Design tobegin immediately upon Notice to Proceed. An overall schedule is below in draft form: Weekof: Week of 3/1/21Submit proposal to Street Departmentfor Approval Week of 3/8/21Notice to Proceed Week of 3/15/21FirstroundStreetDepartmentmeeting&facility walkthrough Week of 3/29/21SecondroundStreetDepartmentmeeting Weekof4/12/21Third round StreetDepartment meeting Week of 4/26/21Final deliverables Detailed cost estimating is not a part of this proposal. PROPOSALFEE Our fixed fee to complete the above-described scopeof services is as follows: ArchitecturalPre-PlanningServices.....................................................$30,000.00 Our fees are to be invoiced monthly on a percentage complete basis. Costs for advances and other reimbursable expenses including but not limited to, reproductions, photography, equipment charges, courier fees, application fees, review fees, permit fees, and mileage are extra to the fees stated above and will be invoiced under a separate line item. Cripewill also furnish Additional Services as you may request in writing. This proposal is valid for thirty (30) days following submittal.Thisproposal is only an offer of Cripe' scope of services and is not binding on either party until acceptable terms and conditions have been negotiated and agreed upon between both parties. Mr. TerryKillen CityofCarmelStreetDepartment March3, 2021 FYIJCJUPage3 B)4pg5* Telephone 317.844.6777www.cripe.biz 3939 Priority Way South Drive, Suite 200,Indianapolis, Indiana 46240 We have attached our Terms and Conditions for your review. Upon receipt of an executed copy of the Terms and Conditions accepting the scope of services and fee stated in the proposal letter and the Terms and Conditions, Cripe can begin immediate work on the project. Thank you for the opportunity to submit this proposal, and we look forward toworking with you. Iwill follow-upwithyouregarding this proposal letter; however, if you have any questions, please do not hesitate to contact me at 317-844-6777. Sincerely, CRIPE Frank Hindes, AIA, ACHA, CEM, LEED AP Director of Architecture| Architecture O:\\2021\\PRO2021\\City of Carmel\\Street Department Expansion\\Proposal\\Arch Mr. TerryKillen CityofCarmelStreetDepartment March3, 2021 FYIJCJUPage4 B)5pg5* 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 Ebwje!B/!Mbdi Qbvm!J/!Dsjqf-!Jod/ Wjdf!Qsftjefou 3:ui!!!!!!!!!!!!!Bqsjm!!!!!!!!!!!!!!!!!32 Ebwje!B/!Mbdi Ebwje!B/!Mbdi Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 105036 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/4/202100350309 CRIPE Street Department VENDORSHIP3939PRIORITYWAYSDR 3400 W. 131st Street TOSUITE200 Carmel, IN 46074- INDIANAPOLIS, IN 46240 - Terry Killen(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 54498 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-509.00 1EachProfessional Services$30,000.00$30,000.00 Sub Total 30,000.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 30,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Terry KillenJames Crider TITLE CommissionerDirector ofAdministration CONTROL NO. 105036 CONTROLLER 9:00 PM***************