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HomeMy WebLinkAboutResolution_BPW_02-02-22-03;_Traynor_&_Associates,_Inc.;_($5,400.00);_20-ENG-01_R_W_Services - Smoky Row RoadRESOLUTION NO. BPW 02-02-22-03 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 , 2022. 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\\2022\\Acknowledge Agreement Traynor & Associates, Inc.docx1/24/202211:49AM 2ND February DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 2/2/2022 2/2/2022 2/2/2022 2/2/2022 CzTfshfzHsfdivlijobu21;62bn-Kbo35-3133 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2200 2020 Road Bond 44-628.71 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Five Thousand Four Hundred Dollars ($5,400.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 2 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2022, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 3 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 4 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 5 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 6 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Department of Engineering Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 7 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 PROFESSIONAL: Traynor & Associates, Inc. th6750E75 Street Indianapolis, Indiana 46250 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 8 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 9 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor & Associates, Inc. Engineering Department - 2022 Appropriation #2200 2020 Road Bond 44-628.71 Fund; P.O.#106205 Contract Not To Exceed $5,400.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\ENG\\2022\\Traynor & Associates, Inc. Professional Services.doc:1/19/2022 1:17 PM\] 10 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting January 19, 2022 Mr. Sergey Grechukhin City of Carmel 1 Civic Square Carmel, Indiana 46032 RE: Residential Land Smoky Row Road Improvements Carmel, Indiana 46032 Parcel #29-09-25-000-012.000-018, 29-09-24-000-031.401-018, 29-09-24-005-004.001- 018, 29-09-24-000-031.001-018 Dear Mr. Grechukhin, Traynor & Associates, Inc. is submitting a Letter of Engagement for a signed agreement to perform an appraisal for the above referenced property. The appraisal report results will be communicated inanappraisal of the market value, as per the Uniform Standards of Professional Appraisal Practice USPAP). The client and intended user is the City of Carmel. The intended use is to estimate an “As Is” exterior only) market value of the subject, referenced above, in order to provide an estimatedmarket value conclusion for theCarmel, the client, to assist ininternal decision making. There will be three (3) total appraisals. The fee for each appraisal is $1,800, for a total fee of $5,400. Payment is due upon completion of the reports. In the event, if it is necessary for you the client to stop work on the appraisal, you agree to pay for time and costs incurred prior to the receipt of written notice ofsuch a stop order. Our appraisal work will startupon receipt of a signed copy of this letter of engagement. The fee for the appraisal is for the service rendered and not necessarily the time spent in preparation of the actual physical report. The above fee does not include $125 per hour for research and deposition. The above fee does not include a charge for court appearances or appearances before government agencies to givetestimony, if such should be required. The fee forsuch services will be Two Hundred Twenty Five Dollars ($225.00) per hour, with a minimum of Nine Hundred Dollars ($900.00). These rates are subject to change, but will remain valid for a period of six (6) months, from the date of execution of this agreement. One half (½) days’ notice of the cancellation of a scheduled court appearanceis required and in lieu of such notice, the minimum appearance fee of Nine Hundred Dollars ($900.00), will be charged. The minimum fee is due prior to testimony. 317)813-4990TH6750E75Streetwww.traynorassociates.cominfo@traynorassociates.comIndianapolis,IN 46250 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting The findings and conclusions of the appraisal will be reported to our client. The findings will not be reported to any other individuals, unless we are otherwise authorized. It will be necessary for us to disclose the fact that we are undertaking the appraisal as we proceed through the investigation process. The evaluation and analysis of the subject property as it appears in the appraisal review report will be the opinion of Joseph C. Traynor, his associates and staff. The fee for this appraisal is not contingent upon any particular conclusions. The appraiser’s liability to the client is limited to the amount of the fee as liquidated damages. The appraisers hereby limit their liability to the client alone and the use of the appraisal by third parties shall be at the risk of the client and/or the third party. We will have the appraisals completed within 3-4 weeks, from the execution of this agreement. We thank you for your interest in our firm’s services. If this contract meets with your approval, please so indicate by your signature. Upon receipt, please return a signed copy. Sincerely, Joseph C. Traynor, MRICS Indiana Certified General Appraiser #CG69100233 President Traynor & Associates, Inc. Accepted By: Date: TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting ASSUMPTIONS AND LIMITING CONDITIONS THIS APPRAISAL IS SUBJECT TO THE FOLLOWING UNDERLYING ASSUMPTIONS AND QUALIFYING AND LIMITING CONDITIONS: 1. This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standard Rule 2 2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. As such, it includes a discussion of the data, reasoning and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. It also includes descriptions of the subject property, the property's locale, the market for the property type, and the appraiser’s opinion of the highest and best use. 2. The value of the property is expressed in dollars on the date specified and is subject to any changes in the value of the dollar. All existing liens or encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. 3. The legal description furnished is assumed to be correct. No survey was available (unless otherwise stated) and the dimensions used are from sources deemed to be reliable. 4. All information and comments concerning the location, neighborhood, trends, construction quality and costs, loss in value from whatever cause, condition, rents, or any other data of the property appraised herein represent the estimates and opinions of the appraiser, formed after an examination and study of the property. 5. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 6. It is assumed that there is full compliance with all-applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 7. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined and considered in the appraisal report. TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting 8. It is assumed that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estate contained in this report is based. 9. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 10. The forecasts, projections or operating estimates contained herein are based upon current market conditions, anticipated short term supply and demand factors and a continued stable economy. These forecasts are, therefore, subject to changes in future conditions. 11. In preparing this appraisal, the appraisers were required to rely on information furnished by other individuals or found in previously existing records and/or documents.While it is believed the information, estimates and analysis given and the opinions and conclusions drawn therefrom are correct, the appraisers do not guarantee them and assumes no liability for any errors in fact, in analysis, or in judgment as a result of the inaccuracy of such information. No attempt has been made to render an opinion of title or status of easements or of any other matter of a legal nature. 12. The distribution of the total valuation in this report between land and improvements apply only under the existing program or utilization. The separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the client for whom itwas made without the consent of the appraisers or the client. 14. The fee for this appraisal does not provide compensation for conference or testimony or attendance in court, with reference to the property in question. 15. This appraisal represents the independent opinions of the appraiser’sfree from any commitments and free from any present or contemplated future interest in the property, with the sole compensation for the employment being a fair professional fee. 18. Neither the fee nor the employment to make the appraisal was contingent on the value to be reported. Further, the appraisal was not based on a requested minimum valuation, specific valuation or the approval of a loan. TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting 19. The existence of hazardous material, which may or may not be present on the property, was not observed by the appraisers.The appraisers have no knowledge of the existence of such materials on or in the property unless specifically stated within the appraisal report. The appraisers are not qualified to detect such substances and no responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if there is any suspicion of hazardous material. 20. The presence of substances such as asbestos, urea-formaldehyde foam insulation, radon gas, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. 21. The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Traynor&Associates,Inc. RealEstate Appraising &Consulting TH6750E75Street Indianapolis, IN 46250 317) 813-4990 www.traynorassociates.com info@traynorassociates.com DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 EXHIBIT C AFFIDAVIT J,•:;;::"",f?··1 (0 . '"--T?t)zN 1 Tl., being firstduly sworn, deposes and says tha he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in thi matter, could testify as follows: I am over eighteen ( 18) years of age and am competent to testify to the facts contained herein. 2. times rdevam herein have been employed by Lb-!LE£s;;Q)!_ ___ (the ''Employer") 3.I am famil.iar with the employment policies, practices, and procedures of the Empfoyer and have the authority to act on behalf of theEmployer. 4.The Employer .is enrolled and partidpates in the federal E-Verify program and has provided documentati.on of such enrollment and participation to the City of Car ,el, Indiana. 5.The Company does not know ingly employ any unauthorized aliens. FURTHER AFFIANT SA YETH NOT. I certify under the penalties for perjury under the laws of the United States of America and the State o Indiana that the foregoing factual statements and representations are true and correct. DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584