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Home My WebLink AboutPaperless Packet for BPW 03.02.22Board of Public Works and Safety Meeting Agenda Wednesday, March 2nd, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 16th, 2022, Regular Meeting 2. BID/QUOTE AWARDS a. Bid Award for 3rd Avenue SW Reconstruction from Autumn Drive to 2nd Street SW (Project # 20-ENG-03); Jeremy Kashman, Director of the Department of Engineering b. Bid Award for Smoky Row Road from Old Meridian Road to Rangeline Road (Project # 20-ENG-01); Jeremy Kashman, Director of the Department of Engineering 3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a. Resolution BPW 03-02-22-03; The Meadows at Legacy; Builder Walks Section 1, 2, 5; CalAtlantic Homes of Indiana b. Resolution BPW 03-02-22-04; The Windward at Legacy; Asphalt Surface, Common Walk, Monuments; Lennar Homes c. Resolution BPW 03-02-22-05; The Prairie at Legacy; Erosion Control; CalAtlantic Homes of Indiana d. Resolution BPW 03-02-22-06; Ashmoor; Builder Sidewalk; RH of Indiana e. Resolution BPW 03-02-22-07; Waterfront at West Clay 2C; Street Signs / Erosion Control; Paul Shoopman f. Resolution BPW 03-02-22-08; 12955 Old Meridian Remodel; Erosion Control; Oles Engineering 4. CONTRACTS (ITEMS A – P) a. Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($10,000.00); 16-ENG-14 - Program Management Services - 2016 COIT Bond; Additional Services Amendment #36a; Jeremy Kashman, Director of the Department of Engineering b. Request for Purchase of Goods and Services; Beam, Longest, & Neff, Inc.; ($606,000.00); 20-ENG-01 – Smoky Row Road - Old Meridian to Range Line RAB – Inspection - 2020 Road Bond; Additional Services Amendment #1; Jeremy Kashman, Director of the Department of Engineering c. Request for Purchase of Goods and Services; Butler Fairman & Seufert, Inc.; ($203,400.00); 20-ENG-11 – 96th Street Trail Project – Final Design – INDOT Des 2200153 – 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering d. Request for Purchase of Goods and Services; AllSource Construction Specialties, LLC; ($56.00); Carmel Data Center; CO #1; James Crider, Director of Administration e. Request for Purchase of Goods and Services; Biancofiori Masonry, Inc.; ($6,750.00); Carmel Data Center; CO #1; James Crider, Director of Administration f. Request for Purchase of Goods and Services; Frederick’s, Inc.; ($5,511.00); Carmel Data Center; CO #1; James Crider, Director of Administration g. Request for Purchase of Goods and Services; Gridlock Traffic Systems, Inc.; ($45,000.00); Striping; Additional Services Amendment; Lee Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; Hanson Professional Services, Inc.; ($2,425.00); 20-ENG-01 – Buyers Agent (Parcel 3) - 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering i. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($95,320.00); New Staff Cards – C43, C44, and QM - Three Vehicles Minus Trade-ins; Additional Services Amendment; Chief David Haboush, Carmel Fire Department j. Request for Purchase of Goods and Services; Rieth-Riley Construction Co., Inc.; ($7,198,416.21); 20-ENG-01 – Smoky Row from Old Meridian Road to Range Line Road - 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering k. Resolution BPW 03-02-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Volkert, Inc.; ($6,650.00); 20-ENG-01 Right of Way Land Acquisitions – 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering l. Resolution BPW 03-02-22-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; TPI Utility Construction, LLC; ($71,065.00); Carmel Police Department Headquarters and Court BOT – Fiber Optics; James Crider, Director of Administration m. Request for Purchase of Goods and Services; Shade Trees Unlimited; ($40,000.00); Trees for 2022 with 5% Increase from 2022; Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services n. Request for Purchase of Goods and Services; TMT, Inc.; ($74,160.00); Landscaping Services; Additional Services Amendment; Lee Higginbotham, Street Commissioner o. Request for Purchase of Goods and Services; TPI Utility Construction, LLC; ($37,950.00); I.T. Data Center Project – Fiber Optic Project; James Crider, Director of Administration p. Request for Purchase of Goods and Services; Virgin Pulse; First Amendment to Application for Renewal Term 02-01-2022 to 01-31-2025; Additional Services Amendment; Lisa Hartz, Director of Human Resources 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Civic Square Gazebo and Japanese Garden; Clark Wedding; August 13th, 2022; 8:00 AM – 3:00 PM; Amanda Clark b. Request for Traffic Control / Emergency Medical Services / Barricades at Various Locations; 51st Annual Sam Costa Half Marathon and Quarter Marathon; March 26th, 2022; 7:00 AM – 12:00 PM; Terry Townsend, Indy Runners and Walkers c. Request to Use Reflecting Pool / Civic Square Gazebo / Civic Square Fountain Area; Carmel Police Memorial; May 11th, 2022; 4:00 PM – 9:00 PM; Karolyn Brumley, City of Carmel d. Request to Use Veteran’s Plaza; Memorial Day Ceremony; May 27th, 2022; 7:00 AM – 11:00 AM; Meg Gates Osborne, City of Carmel e. Request to Use Civic Square Gazebo / Civic Square Fountain Area and for Road Closure / Barricades / No Parking Signs; National Night Out; August 2nd, 2022; 7:00 AM – 9:00 PM; Karolyn Brumley, City of Carmel 6. OTHER a. Request for Lane Restrictions / Open Pavement Cut; 275 Veterans Way – Studio M Architecture; Construction of Building; CEC b. Request for Right of Way Dedication; 275 Veterans Way – Studio M Architecture; CEC c. Request for Consent to Encroach and Variance; 866 North Range Line; Stormwater Infrastructure; Duke Energy d. Request for Consent to Encroach and Variance; 3207 Driftwood Court; Realignment of Stormwater Pipe; David and Jennifer Sams, Property Owners e. Request for Lane Restrictions / Pavement Cut; Walden Pond / Grove / Brooks Bend; Fiber Optic Installation; AT&T 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 16th, 2022 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 7 Mayor Brainard called the meeting to order at 10:00 AM 8 9 MEMBERS PRESENT 10 11 Mayor James Brainard (via Microsoft Teams), Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk 12 Holly Harmeyer were present. 13 14 MINUTES 15 16 Minutes from the February 2nd, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 17 Watson seconded. Request approved 3-0. 18 19 BID/QUOTE OPENINGS AND AWARDS 20 21 Bid Opening for Smoky Row Road from Old Meridian Road to Rangeline Road (Project # 20-ENG-01); Lori 22 Watson opened the bid and Board Member Burke read it aloud: 23 Contractor Bid 24 Rieth-Riley $7,198,416.21 25 White Construction $7,530,000.00 26 27 Bid Opening for 3rd Avenue SW Reconstruction from Autumn Drive to 2nd Street SW (Project # 20-ENG-03); 28 Lori Watson opened the bid and Board Member Burke read it aloud: 29 Contractor Bid 30 Rieth-Riley Construction Company, Inc. $3,465,950.00 31 3D Company, Inc. $3,687,000.00 32 White Construction, LLC $3,766,000.00 33 E&B Paving, LLC $4,387,469.69 34 Morphey Construction, Inc. $4,817,000.00 35 36 Bid Award for Project #20-ENG-02; Jeremy Kashman, Department of Engineering, recommended awarding the 37 bid to 3D Company, Inc, as they were the lowest and most responsive bidder. Board Member Burke moved to 38 award the bid to 3D Company, Inc in the amount of $3,660,000.00. Board Member Watson seconded. Request 39 approved 3-0. 40 41 CONTRACTS 42 43 Request for Purchase of Goods and Services; 3D Company, Inc.; ($3,660,000.00); 20-ENG-02 – 106th Street and 44 College Avenue Roundabout – Construction; 2020 Road Bond; Board Member Burke moved to approve. Board 45 Member Watson seconded. Request approved 3-0. 46 47 Request for Purchase of Goods and Services; White Construction; (-$37,551.92); Project# 16-SW-85 -Westfield 48 Boulevard over Carmel Creek Bridge Replacement; CO #2; Board Member Burke moved to approve. Board 49 Member Watson seconded. Request approved 3-0. 50 51 Request for Purchase of Goods and Services; Calumet Civil Contractors; ($14,314.89); Project# 18-23 – Auman 52 Neighborhood Drainage Improvements; CO #4; Board Member Burke moved to approve. Board Member Watson 53 seconded. Request approved 3-0. 54 55 Resolution BPW 10-06-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 56 Acknowledging Agreement Between City and Vendor; Envoy Construction Services, LLC; GMP Report Due Date 57 Change; Additional Services Amendment #1; Board Member Burke moved to approve. Board Member Watson 58 seconded. Request approved 3-0. 59 60 Request for Purchase of Goods and Services; Blue Grass Farms, Inc.; ($55,000.00); Tree Order for 2022; 61 Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. 62 Request approved 3-0. 63 64 Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($36,371.50); New Vehicle 5 Year 65 Lease – 2021 Chevy Silverado; Additional Services Amendment; Board Member Burke moved to approve. Board 66 Member Watson seconded. Request approved 3-0. 67 68 Request for Purchase of Goods and Services; Lykins Contracting, LLC; ($19,000.00); 106th Street Water Main 69 Replacement; Addendum to Agreement; Board Member Burke moved to approve. Board Member Watson 70 seconded. Request approved 3-0. 71 72 Request for Purchase of Goods and Services; Mid-State Truck Equipment, Inc.; ($8,874.80); Plow Package; 73 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 74 75 Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($4,150.00); 20-ENG-01 – Buying 76 Services; 2020 Road Bond; Board Member Burke moved to approve. Board Member Watson seconded. Request 77 approved 3-0. 78 79 OTHER 80 81 Request for Acknowledgement of Conflict of Interest; Board Member Burke moved to approve. Board Member 82 Watson seconded. Request approved 3-0. 83 84 Resolution BPW 02-16-22-02; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 85 Grant; ($142,000.00); The Great American Songbook Foundation; Board Member Burke moved to approve. 86 Board Member Watson seconded. Request approved 3-0. 87 88 Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 102nd & Broadway Avenue; Board Member 89 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 90 91 Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 111th & Spring Mill Road; Board Member 92 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 93 94 Request for Road Closure / Open Pavement Cut; 473 3rd Avenue SW;. Board Member Burke moved to approve. 95 Board Member Watson seconded. Request approved 3-0. 96 97 Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions; 11312 Hazel Dell Parkway; Board Member 98 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 99 100 Request for New Curb Cut; 12826 Norfolk Circle; Board Member Burke moved to approve. Board Member 101 Watson seconded. Request approved 3-0. 102 103 Request for Grant of Perpetual Storm Water Quality Management Easement; 4518 W. 99th Street; Artistic 104 Composite Pallets; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 105 3-0. 106 107 Request for Consent to Encroach and Variance; 12072 Sigillary Way; Board Member Burke moved to approve. 108 Board Member Watson seconded. Request approved 3-0. 109 110 ADJOURNMENT 111 112 Mayor Brainard adjourned the meeting at 10:09 a.m. 113 114 115 APPROVED: ____________________________________ 116 Sue Wolfgang – City Clerk 117 118 _____________________________________ 119 Mayor James Brainard 120 ATTEST: 121 __________________________________ 122 Sue Wolfgang – City Clerk 123 CzTfshfzHsfdivlijobu4;65qn-Gfc33-3133 CzTfshfzHsfdivlijobu3;47qn-Gfc33-3133 CzTfshfzHsfdivlijobu:;36bn-Gfc22-3133 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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 0 44-628.71 2020 Road Bond 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 Two Hundred Three Thousand Four Hundred Dollars ($203,200.00) (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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 2 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 3 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 4 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 5 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 6 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 7 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 PROFESSIONAL: Butler Fairman & Seufert, Inc. 8450 Westfield Blvd Suite 300 Indianapolis, Indiana 46240-8032 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 8 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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. 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 S:\\Contracts\\Departments\\ENG\\2022\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 9 Butler Fairman & Seufert, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106273 Contract Not To Exceed $203,400.00 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\\Butler Fairman & Seufert, Inc. Professional Services.doc:2/10/2022 9:47 AM\] 10 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 CzTfshfzHsfdivlijobu6;26qn-Gfc32-3133 CzTfshfzHsfdivlijobu6;27qn-Gfc32-3133 CzTfshfzHsfdivlijobu6;27qn-Gfc32-3133 CzTfshfzHsfdivlijobu21;16bn-Gfc33-3133 ExhibitB CarmelStreetDepartment Specifications forPainting TheBaseQuoteisbaseduponthetotal linealfeet ofpavement marking as specified hereinnottoexceed $45,000.00 (forty-fivethousand dollarsandzero cents). Thequotequantity shallbebasedupon halfthequantity beingLine, Paint, Solid, White, 4 in. andthe otherhalfbeingLine, Paint, Solid, Yellow, 4 in. TS 1 GOVERNING DOCUMENTS The applicable sections of the following documents shall apply except as modified elsewhere herein: 1) Indiana Department of Transportation (INDOT) Standard Drawings and Standard Specifications – 2022 Edition. 2) INDOT Supplemental Specifications 3) City of Carmel - Standards for Construction of Required Improvements Unless otherwise specified within the Contract Documents, whenever any specification, standard, reference material, manual or other similar document is incorporated by reference into any of the contract documents, it shall be deemed to be the latest edition of said item including any and all supplemental addendum, which was in effect on the date of the quote opening for this project. TS 2 SCOPE OF WORK The scope of work for this project is to apply centerline and sideline pavement marking to various City of Carmel Roadways. The pavement markings shall be paint material in accordance with Section 808 of the INDOT Standard Specifications and applicable INDOT supplemental specifications. Base Quote The base quote for this project will be a lump sum amount of $45,000.00. The quote will be awarded to the responsive Quoter for the highest quantity of lineal feet the Quoter can apply for the lump sum price. There are two pay items for this quote. The quoter is to assume an equal quantity of each pay item for the purpose of this quote. Measurement The pay items will be measured by the actual quantity applied in lineal foot. Payment Payment will be for the following pay items: Pay Item Pay Unit Symbol Line, Paint, Solid, White, 4in. LFT Line, Paint, Solid, Yellow, 4in. LFT TS 3 MAINTENANCE OF TRAFFIC Traffic shall be maintained during the pavement marking application. Lane closures shall be kept to a minimum and limited to no more than 5 minutes of queued traffic per closure. Any expected lane restriction shall be reported to the Department of Engineering Attention: Joshua Kirsh) two full business days in advance. The cost of maintaining traffic will not be measured or directly paid and will be included in the cost of the two pay items. 12/9/2021 GRIDLOCK TRAFFIC SYSTEMS INC INDIANAPOLIS, IN 46226 - 105929 6400 MASSACHUSETTS AVE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 358209 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 61806 2201Department:2201Fund:Motor Vehicle Highway FND 43-503.00Account: Striping1 $45,000.00 $45,000.00Each 45,000.00SubTotal 45,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105929 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham James Crider 317) 733-2001 Commissioner Director of Administration CzTfshfzHsfdivlijobu:;46bn-Gfc34-3133 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 2.3 Time is of the essence of this Agreement. 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 0 44-628.71 2020 Road Bond 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 Two Thousand Four Hundred Twenty Five Dollars ($2,425.00) (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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 2 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 3 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 4 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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," on Commercial General Liability and Auto Liability polices of insurance, 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 5 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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 reasonable attorney fees to the extent caused by 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 6 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 7 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent PROFESSIONAL: Hanson Professional Services, Inc. th1525S6 Street Springfield, Illinois 62703 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 8 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 9 Hanson Professional Services, Inc. Engineering Department - 2022 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#106291 Contract Not To Exceed $2,425.00 Smoky Row Road – Old Meridian to Range Line Rd; Project 20-ENG-01; Parcel 3, Elijah C. Moffett – Buyer’s Agent 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\\Hanson Professional Services, Inc. Professional Services.doc:2/22/2022 3:17 PM\] 10 Scope of Services 22L0022Smoky Row Rd Improvement Project: Parcel 3 Negotiation,Hamilton CoEffectiveDate: 2/16/2022 Project Description: Hanson Professional Services Inc.,and its project team (the Consultant), is the negotiatorConsultant to the City of Carmel(the Owner) for the negotiationofParcel 3 for the Smoky Row Road Improvement Project.210015,Smoky Row Road, in City of Carmel, Indiana the Project). The Projectwillbe further described as: Performance of right of way negotiation services for the Smoky Row Road Improvement Project. The Consultant will be responsible for the explaining the project, the taking, the impact ofthe residue, the acquisition process, the offer and will negotiate in an honest and competent manner with the property owner. All contact with the property owner will be documented and such documentation will be submitted tothe City of Carmel. Services: The Scope of Services to be provided is limited to the following: Section Description Section 1Negotiation Section 1:Negotiation Objective Negotiate with the property owners in a courteous, honest, efficient manner to secure the parcel. Consultant shall make a prompt offer to acquire the parcel for the full amount, which has been established in the approved appraisal.The offer shall be made in aUniform Land and Easement Acquisition Offer Letter, which shall be given to the parcel owner in person or sent by certified mail with return receipt requested. Deliverables In person contact to each property owner or his or her designated representative. If that is not possible, due to the residing out of stateor their schedule,then owner will be contacted certified mail. A copy of the appraisal shall be provided to the property owner. Consultant shall provide t 1.Date and place of contact 2.Parties of Interest 3.The offer that was made 4.The counteroffer, if applicable with reasons why the original offer was not accepted. 5.Signature of the consultant, date, and initials of the person contacted. 6.Written secured agreementwhich includes all considerations agreed to by the property owner. 7.A statement that attests that the consultant has no direct or indirect, present or contemplated future personal interest in the property or inany monetary benefit from the acquisition of the property and that the agreement was reached without coercion ofany type. 8.Updated title and encumbrance report upon the submission of the secured or condemned parcel. 9.and City of s report tothe City of Carmel land acquisition manager. Consultant shall follow the standards set out in Title 49 CFR Part 24, dated March 2, 1989, and all attachments thereto. Consultant shall follow the accepted principles and techniques in the purchase of real estate in accordance with the existing State Laws. PSA Rev. 4 Page 1of4 22L0022 City of Carmel: Smoky Row Road, Road Improvement Project, Negotiation Services When attempts to buy are unsuccessful, the Consultant shall record her recommendations for action and submit to the City of Carmel: a. The recommendation shall consider administrative settlement, include the amount of settlement and reasons for settlement. b. Otherwise, acondemnation report shall be filled out and submitted with the completed file. Information Supplied by Owner 1. City ofCarmel Letter Head 2. Project Plans 3. R/W Engineering Plans 4. Title and Encumbrance Report 5. Approved Appraisal of Parcel 3 6. Statement of Basis for Just Compensation form 7. 8. Staking by others for property owner, if needed PSA Rev. 4 Page 2of 4 22L0022 City of Carmel: Smoky Row Road, Road Improvement Project, Negotiation Services Charges for Services 22L0022 Smoky Row Rd Improvement Project: Parcel 3Negotiation, Hamilton Co Effective Date: 2/16/2022 Basis of Charges: A. The Consultant shall receive as payment for the work performed under this Agreement which follows the January 2022 INDOT Real Estate Services Fee Schedule unless a modification of the Agreement isapproved in writing by the Owner. See attachment A B. The Consultant will be paid for the work performed under this Agreement in accordance with the following schedule: Section Service Fee Section 1 Negotiation $2,075.00 Buying Review $350.00 Total $2,425.00 PSA Rev. 4 Page 3of 4 22L0022 City of Carmel: Smoky Row Road, Road Improvement Project, Negotiation Services Schedule 22L0022 Smoky Row Rd Improvement Project: Parcel 3 Negotiation, Hamilton Co Effective Date: 2/16/2022 Work by the Consultant under this Agreement shall be completed and delivered to the Owner for review and approval, if required, within the following time periods, exclusive of the Owner review time: Schedule Mile Post Date Due Date Complete Comment / Responsible Person Scope of Services submitted to City of 2/16/2022 Marie Jett Carmel Contract toHanson 2/21/2022 Sergey Grechukhin Appraisal complete and approved* 3/1/2022 Chad Roots Supporting Documentation sent toHanson 3/4/2022 Sergey Grechukhin Offer Package Assembled and Owner 3/9/2022 Marie Jett Contact Made Weekly Report Ongoing Marie Jett Secured Parcel Packet Submitted to the 4/15/2022 Marie Jett City of Carmel Construction Start Date* 5/1/2022 Sergey Grechukhin This date isdependent onthe approved appraisal date, receipt ofsupporting documentation andowner availability to meet. PSA Rev. 4 Page 4of 4 22L0022 City of Carmel: Smoky Row Road, Road Improvement Project, Negotiation Services Buubdinfou!B 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 Exhibit C E-VERIFY AFFIDAVIT Nbsjf!Kfuu being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1.I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2.I am now and at all times relevant herein have been employed by Ibotpo!Qspgfttjpobm!Tfswjdft-!Jod/ ofhpujbupsinthepositionof ______________________________________. 3.I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4.The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5.The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. Gfcsvbsz27ui 33EXECUTEDonthe _________day of __________________________, 20___. Nbsjf!KfuuPrinted:_____________________________ Icertify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Nbsjf!KfuuPrinted: _____________________________ CzTfshfzHsfdivlijobu2;57qn-Gfc33-3133 CzTfshfzHsfdivlijobu22;24bn-Gfc34-3133 RESOLUTION NO. BPW 03-02-22-01 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 VolkertInc.docx2/11/20221:05PM 2nd March CzTfshfzHsfdivlijobu22;51bn-Gfc21-3133 Exhibit A Scope ofServices VOLKERT, INC. This Scope of Services (“Scope”) combined with the attached agreement describe therelationship between Volkert, Inc. (“Professional”) and the Cityof Carmel, Indiana (“City”) (collectively ”Parties”). This Scope hereby incorporates and includes the terms oftheattached Agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship between the Parties (collectively the "Agreement"). The Agreement will be effective when executed by bothParties. Scope of Services: Professional shall provide general appraisal professional services, consisting of two (2) appraisals, relating tothe Smoky Row Road Improvement Project all in accordance withthe terms and conditions contained inthe Agreement and the attached Schedule ofFees provided by Professional tothe City which isfully incorporated herein. Initial Fee and Additional Services: The City agrees tocompensate Professional inthe total amount not toexceed Six Thousand Six Hundred Fifty Dollars ($6,650.00). When the City desires additional Services from Professional, including additional appraisal services and/or buyer’sagent services, the City shall notify Professional of such additional Services desired, aswell asthe timeframe inwhich same areto be provided. Onlyafter the City has approved Professional’stime and cost estimate for the provision ofsuch additional Services, has encumbered sufficient monies topay for same, and has authorized Professional, in writing, toprovide such additional Services, shallsuch Services be provided by Professional tothe City. Acopy ofthe City’sauthorization documents for the purchase ofadditional Services shall be numbered andattached hereto inthe order inwhich they are approved by the City. Exhibit C E-VERIFY AFFIDAVIT Aaron P. Hutson being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by Volkert, Inc. the ÐEmployerÑ) Assistant Vice Presidentinthepositionof ______________________________________. 3. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority toact on behalf of the Employer. 4. The Employer is enrolled and participates inthe federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. 10thFebruary22EXECUTEDonthe _________day of __________________________, 20___. Aaron P. HutsonPrinted:_____________________________ Icertify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Aaron P. HutsonPrinted: _____________________________ RESOLUTION NO. BPW 03-02-22-02 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 TPIUtilityConstruction LLC.docx2/11/20221:05PM 2nd March CzTfshfzHsfdivlijobu2;27qn-Gfc21-3133 CzTfshfzHsfdivlijobu:;53bn-Gfc26-3133 1/20/2022 SHADE TREES UNLIMITED INC COLUMBIA CITY, IN 46725 - 106217 PO BOX 152 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Trees for 2022 with 5% increase from 2021 Dept of Community Service 1 Civic Square Carmel, IN 46032- 00352697 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 62916 1192Department:101Fund:General Fund 44-624.00Account: Trees1 $40,000.00 $40,000.00Each 40,000.00SubTotal 40,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106217 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration CzTfshfzHsfdivlijobu5;51qn-Gfc26-3133 City of Carmel III. WORK REQUIREMENTS Applicable Standards: Contractor must adhere toAmerican National Standards Institute (ANSI Z133.1) current edition. Work Requirements: Contractor shall becertified and hold allrequired applicators licenses from the state ofIndiana. Contractor shall possess any city right-of-way permits, asnecessary. Contractor must comply with all applicable environmental, chemical, and other laws inperforming itsobligations. Contractor shall supply all needed labor, trucks, equipment, supplies, materials, safety devices and other equipment necessary tocomplete the work. Maintenance operations shall beaccomplished insuch amanner astonot damage trees, grass, or other plant material. Ifdamage occurs, the contractor isresponsible for such repair or replacement and shall contact the Carmel Representative toevaluate the damage. Excess soil, mulch andother debris resulting from any work may beremoved from site. This cost shall beincluded inthe quote. The work area shall always bekept safe and neat until the cleanup operation iscompleted. Under nocondition shall equipment or materials beallowed overnight upon apublic orprivate property. Traffic control isthe sole responsibility ofContractor and shall becoordinated inadvance with the proper department(s) ofthe city. Theblocking ofpublic streets shall not be permitted unless prior approvals have been made with the appropriate city departments andthe Carmel Representative has been notified. Traffic control shall beaccomplished inconformance with state, county and local highway construction codes andallother applicable law. Atraffic maintenance plan isrequired by theCarmel Engineering Department forthe blocking ofany lane. The handbook touse unless, otherwise directed, will bethe CONCISE HANDBOOK FOR TEMPORARY TRAFFIC CONTROL, Construction, Maintenance, andUtility Operations, 2016, SP-3. The staging ofvehicles orother equipment on any public sidewalk orpath isprohibited. Any injuries, damages, expenses orloss toany person orproperty, public orprivate, because ofor related tothe project are the sole responsibility ofthe Contractor and shall berepaired or compensated bythe Contractor tothe satisfaction ofboth the injured party and the Owner, atno cost tothe Owner. The Contractor will schedule project work to occur between the hours of7:00a.m. and 6:00p.m. Monday through Saturday, only, unless authorized bythe Carmel Representative inadvance. Contractor shall notwork onany city holidays. Any alteration or modification ofthe work performed under the Contract shall bemade only by written agreement between the Contractor and Carmel Representative and shall bemade prior to 2 City of Carmel commencement ofthe altered ormodified work. Noclaim forextra work ormaterials shall be allowed unless covered bysuch a written agreement executed byallparties hereto. Contractor shall contact Carmel Representative prior tothe start of any weed control applications. This notification ismeant todetermine the time frame inwhich the weed control application work is tobecompleted. Contractor shall submit product labels of all proposed herbicides and chemicals for Carmel Representative approval prior to use. Ameeting shall occur between the Carmel Representative and the Contractor, including personnel supervising work tobecompleted, before any mulch work has been initiated. This meeting ismeant todetermine that themulch work tobecompleted istothestandards ofthecontract. E-mails shall besent toaherrington@carmel.in.gov, cedmondson@carmel.in.govand dmindham@carmel.in.gov atthe beginning ofeach layout project (spring mulch/weed control work andfall mulch/weed control work), to signify the start ofthe work. IV. LAYOUT OFQUOTE MULCH Type Mulch tobeused shall benon-shredded, brown-dyedbark mulch. Mulch shall beprovided bythe City ofCarmel. Applications stthSPRING: All trees andshrubs shall bemulched noearlier than April 1and nolater than May 15 thorwithin4weeksaftercityapprovaltobeginworkifthisequatestoafterMay15). Mulch shall be spread asneeded tomaintain proper coverage with two (2) inches ofmulch. stFALL: Rake tree rings to loosen upany matted mulch, noearlier than September 1and no later ththanSeptember15, topromote the penetration ofwater. This procedure should becompleted immediately before the application ofpre-emergent required under theWeed Control Frequency section. Tree Ring Preparation Rake away and level existing mulch and loose soil sothat new mulch may beevenly placed around the tree. Generally, this loose material can bepulled tothe outside ofthe tree ring and used tolevel any lawnmower tire ruts. No additional soil istobe placed on theroot ball. 3 City of Carmel Mulch is NOT tobeplaced upagainst any plant stem/tree trunk. Leave athree (3) inch space between mulch and plant stem/tree trunk. Any existing mulch shall bepulled away from tree trunks, leaving the same three (3) inch space. All trees within the specified landscaped areas ofthis contract shall have astandard minimum five 5) footdiameter ringcovered with atwo (2) inches layer ofmulch. All trees surrounded byturf will require mulch rings. Ifthespace around the tree isless than (5) fivefeet between the path/sidewalk and the curb, the mulch ring shall besquared off between the path and curb. WEED CONTROL Applications All tree rings shall betreated with apre-emergent. Throughout the growing season periodically spot treat with a Round-up/Surflan mixture orhand pull, asneeded. Tree suckers orsprouts are NOT tobesprayed with round-up. root sucker growth and/orcutto grade, asneeded. Spray equipment must beequipped with ashield and operated inafashion tonot allow herbicides tocome incontact with unintended plant foliage, plant stem/tree trunk, orsuckers. Always avoid drift from occurring which may cause herbicides to come in any contact with desirable plant foliage, stem/tree trunk, orsuckers. Frequency All tree rings shall be treated with pre-emergent aminimum oftwo (2) times ayear. thSPRING: The first mandatory application tooccur noearlier than March 15 and no later than stMarch31. stFALL: The second mandatory application tooccur noearlier than September 1and no later than thSeptember15. This application should becompleted immediately after the loosening upofthe matted hardwood mulch required under the Mulch Application section. 4 City of Carmel MULCH AND WEED CONTROL LOCATIONS Theproject consists of, but may not belimited to, mulch and weed control for the following treering locations: LOCATIONS NUMBER OF TREES Sidewalk to Back side ofTOTAL: 5950 TREES + 70 YARDS sidewalk sidewalk; map # River Rd; (12780 River Rd north toTall Timber Run with asection tothe west 388 Includes treesofRiverRdonEMainSt, west and south of E Main St/RivertheeastsideofRiverRdfromFletcherTrace Rd and east ofthTallTimberRuntoE146St, median only) River Rd, north of Main St, where no sidewalk Haverton Way; (Forum Meadows DrtoLost Oaks Dr) 114 thHazelDellPkwy; (SEof146St, mulch allthe trees together tomatch existing) 30yards map 1 ththHazelDellPkwy; (E96SttoE116St, median only) and 649* 113* map 2 thE116thSttoE146St) *est. 600 Tree thGrayRd; (E136Stroundabout) map shows all36trees 7 29 map 3 Gray Rd; (WMain Stroundabout) map shows all41trees 31 10map 4 thGrayRd; (W126Stroundabout) map shows all 39trees 29 10map 5 thGrayRd; (12110 Gray Rd toE 136St, east and west sides) and 102 thE136Stto Wedgewood Ln, west side) thGrayRd; (Greenspire Rd toE116St, east side) 30 ththGrayRd; (E96SttoE106St) 61 48map 6 thE116St; (east ofBrooks Ct, north side) 13map 7 39map 8EMainSt; (Christ Community Church driveway entrance - 4770 EMain Stwest 49 trees on south sidenorthsideonlyto4443EMainSt) map shows all88trees where no sidewalk ESmoky Row; (Landser PltoCarson Ct, south side only) 17 EMain St; (Rangeline Rd toLexington Blvd, north and south sides) 39 NRangeline Rd andWSmoky Row; (southwest corner) 19map 9 NRangeline Rd; (WMain SttoSmoky Row, east and west sides) 64 rdSRangelineRd; (3StSEtoEMain St, east side only) 11 SRangeline Rd; (Executive Drto ECity Center Dr, median and east side) 17 14map 10 east side onlymapshowsall31trees 1Civic Sq; (individually mulched trees only) 55map 11 ECarmel Dr; (Keystone Pkwy toRangeline Rd) 83 Medical Dr; (115 Medical Dr toMerchants Square Dr) 27map 12 ththWestfieldBlvd; (E96Stto E99St) 50 48map 13 ththPointePky; (E116SttoE116St) 10 thE116St; (SGuilford RdtoKeystone Pkwy) 25 92 map 14 ECity Center Dr; (SRangeline Rd toKeystone Pkwy) 127 map 15 5 City of Carmel LOCATIONS NUMBER OFTREES Sidewalk to Back side of sidewalk sidewalk; Map # City Center Dr; (Pennsylvania St SRangeline Rd) 184 37 map 16 Guilford Rd - Carmel Dr rd3Ave SW; (Carter Green to American Way S, east side) 12 Adams St; (WCarmel DrtoCity Center Dr) 27 WCarmel Dr; Arbor DrtoSGuilford Rd 22 Congressional Blvd; (City Center DrtoPennsylvania St, median only) 59 thCollegeAve/College Dr; (Pennsylvania Stto E116St, median only, 2locations) 26 rdPennsylvaniaSt; (2islands south ofE103SttoCity Center Dr, 133 includes trees north ofCity Center Dr; in median) Old Meridian St; (Pennsylvania SttoGuilford Rd, 61 includes both islands atPennsylvania St) SGuilford Rd; (City Center DrtoWMain St, eastand west sides) 34 Grand Blvd; (SGuilford Rd toOld Meridian St, median only) 17 Oak Ridge Rd; (W136th St toW146th St) 139 th thIllinoisSt; (W106St toW136St) 415 th116St; (Springmill Blvd Pennsylvania St, median only) 36 thSpringmillRd; (W Main SttoW146St, median and east side, 130 east side isW Main St toE136th Stonly) thSpringmillRd; (W106SttoW Main St) 170 ththDitchRd; (W136Stto W146St) 114 ththTowneRd; (W96SttoW146St) 420 thththShelborneRd; (W116Stto W126St, includes trees north ofW 126St, and 201 79 map 17 ththW116Sttreesin116Stroundaboutarea) Shelborne Rd only thW126St; (Shelborne Rd to Towne Rd) 206 543 24 map 18 Clay Center/MainShelborneRdtoSpringmillRd, includes trees west andnorth ofShelborne Rd) St, SE corner st3400W131St; (Carmel Street Department) 40yards map 19 stW141St; (Ditch Rd toTowne Rd, north and south sides) 88 thW136St; (Ditch Rd toOak Ridge Rd) 320 map 20925RohrerR; (north & west sides ofDuke Station) 33 6 HAZEL DELL PKYE 146TH ST HAZEL DELL RDCHERRY CREEK BLVD ASHMORE LN AVIAN WAY WOODFIELD DR NSTR EAM SIDEDRWOODFIELD D R G RANDINHALL CIR N SALEM CIRWOODFIELDBLVD NCREEK BE NDDR DO V E R CIR SALEM DR N SALEMDR WFINCHCT RIVERROCKCT H U M M I N GB I R D CIRBEXLEY DRJAMES CTJACKIESPRING CTCHARLESCTWHITEHALLCIRWAVERLYDRRIPPLING BROOK WAYHAZEL VIEWRDTIMWINDYCTWHITE HALL WAY HEARTWOODCTCHELSEACTALLEN PASSCTWASHITACTWEEPINGWILLOWCTDO V E R DRGRANDIN HALL CIR S NORWALKDRSCARBOROUGH LNCANTON D RDRAYTONDR MAE DRGR E EN B E L T CTJEFFERSON RDBTCHERRY RIDGERDDOVEDR CHERRY T RE E R D WILDCAT DRORIOLE DR RANDOLPH CRESCENT DR COLVILLECIRCOTSWOLDLNSALEM DR EWOODFIELD DR SSALEM DR SRU N YONP A SS HAZEL D EL L XING POWDER DRPLYMOUTH ROCKDRPLATTE DR Hazel DellPky nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nmnm nmnm nmnm nm nm nm nm nm nm nm nmnm nmnm SANDALWOOD DR STANWICH PLAUTUMN GATEWAYCARRINGTONCIRE MAIN ST HAZELDELLPKYE126THS TPENNEAGLEDRCAMEOCTBERRYGLENCTOVERTURE DRCERROMARCTPRELUDELNGARNETBLVD DUNWOODY LN SCOTTISHBNDJEFFRIESPLPLUM CREEK BLVD TIMBERCREST DRG L A D ECREST DR A V O C E TDRPEBBLESTREAMDRHONORS DROPUS D R KIAWAH DRHazel Dell Pky E Main St to E 126th StTotal Trees: nm nm nm nm nm nm nmnmnmnmnmnmnm nm nm nm nm nm nm nm nm nm nm nm nm nmnmnmnmnmnmnm nm nm nm nm 4889 1983 621 632 620 623 1984 619 13583 13591 4777 4774 4758 13570 13575 4765 622 1987 635 4753 1981 4766 4802 13555 4907 135294814GRAY RDWOODBINE CT WOODBINEDR EE136TH STGray Rd & E136thSt Roundabout Total Trees: 36FMap 3 nm nm nm nm nm nm nm nm nm nmnmnmnmnmnm nmnmnm nm nm nm nm nm nm nm nm nm nm nmnmnm nm nm nm nm nm nm nm nm nm nm 4770 4850 5000 13127 4558 13032 4582 4570 13149 13039 4552 13018 130604564 13099 13088 4946 13055 4941 13081 13074 4944 13115 4950 13137 13053 13067 4949 49451301313000 12972 12971 13044BRISTALCIRGRAYRDEMAINST TARKINGTON CMNWEMBLYCIRGray Rd & E Main St Roundabout Total Trees: 41FMap 4 nm nm nm nm nm nm nm nm nm nm nmnmnm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnmnmnmnm nm nm nm nm nm nm 5053 4780 4755 12629 12545 12665 4639 4625 12611 12559 12573 12587 4834 4827 5016 4829 12424 4833 4832 4828 4826 12433 4830 12470 5011 5028 5042 5022 12647 12547 5058 5050 5014 5059 5012 5033 5054 5019 5025 5034 0 12466 5046 5040 12442 5047 5018 4775 HEAT H E R S T O N EPLCOLFAXCIRTERRACEDRMORT O N PLSKIPPINGROCKCTGRAY RDE126TH STGrayRd & E 126th St Roundabout TotalTrees: 39 nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm106THPL E96THST E106THST FAIRHAVEN DRHAZELDELLPKWYPOWDERHORNCTGRANDHAVEN LN HANN A H C TSETONDRBRACKENC TCHRIST INA CT POW ER P L BRECKEN RIDGEDR BRIDGERDRSBRECKENRIDGE C I RASSOCI AT IO N C TWILL IAMSON PKYSHAFER CTBRIDGER DR EHAVEN P OI NTBLV DSIMME R M ANC T BRECKENRIDGECTWIN TE RHAV ENDR BRIDGE R DR N DOTY LN NEVA LNIDLEWILD LNWOLF C R E E K C IRGOULDDRWESTHAVENCIRPOWE RD RBOIN ECI RSHAFERCIRVAIL DR BLUE CREEK DRBAUERDR ERANDALL nmnmnmnmnmnmnmnmnmnmnmnmnm 11590 4402 4311 4394 4396 11580 11651 11623 11618 11617 11626 HAVERSTICKRDE116TH STBROOKSCTE 116thSt:Eastof BrooksCt,NorthSideofE 116th St Total Trees: 13 FMap nmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnm nm nm nm nm nm nmnm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nmnm nmnm nm nm nmnm nmnmnmnm nmnmnmnmnm nm nm nm nm nm nmHAZELWOOD DRW E M B LY RD WEMBLYCIRBROOKSHIREPKYPEPPERMILL CTCAPRIDRWEMBLYCTBRISTALCIRABBOTS PL FOSTER CTBRIARWOODTRCECENTENN IA L CTANDOVERCTFOSTER DR HAZELWOODCTC A M B O R N E C T ABBEY D R ANDOVER DRCHEVAL CTB R I S T A L LN CHEVAL PL E MAIN STIRONWOOD CTE Main St: 4443 E Main St to 4770 E Main St ( Christ Community Churchdrivewayentrance)Total nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nm nm 866 741 751 761 0 771 760 781 750 20 30 N RANGELINERDESM OKYRO WW SMOKY ROWnm N Rangeline Rd & W Smoky Row Southwest Corner TotalTrees: 19 nm nmnm nmnm nm nmnmnmnmnm nmnmnm nmnmnmnmnm nm nm nm nmnmnm nm nm nm nm nm nm SHOSHONE DR W EXECUT IVED R3RDAVE SW MONON GREEN BLVD CITY C ENT ERDR S RANGELINE RD EXECUTIVE DRCIVICSQSU M M I T D R E CITY CENTER DR HUNTERS DR WAMERICAN WAYWRIDGE P OINTDRBERKHAMSTEDLNAUTUMN DR AUMAN DR EGREENHOUSEWAY AUMAN DR WVETERANS WAY RED TRUCK RD GRADLE DRHANOVERPLOSWEGO RDNAPPANEE DR UTE DR WINONA DR PAWNEE RDAMERICAN WAY N AMERICAN WAY S CARTER GRN S Rangeline Rd:Executive Dr to E CityCenter Rd nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nmnm nm nm nm nm nm nm nm nm nm nmnmnmnm nmnm nm nm nm nm nm nm nmnmnmnm nm nm nm nm nmnm nm nm nm nm nm nm nm 0 1132 1030 1033 1077 1113 1036 11 1215 1112 1040 1021 1039 10 620 1118 CIVIC SQ SHOSHONE DR S RANGELINE RDVETERANS WAY nm Carmel City Hall:1 Civic Sq Total Trees: 55 nm nm nmnm nm nm nm nm nm nm nmnm nm nm nm nm nm nm nm nmnm nm nm nm nm nmnm JEFFERSONDR WCLAY DRJEFFERSON DR E MADISON CTMONROE DRMADISON DRMEDICAL DR FRANKLIN B L V D REVERE PL COMMONS DR JACKSON RD MER CH AN T S SQU A R E DRS RANGELINE RDMEDICALCTMedical Dr;115 Medical Drto Merchants nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nmnm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nmnmnmnm nm nmnmnm 2050 1661 0 9645 9625 9635 9631 9621 9601 9611 9651 9641 9616 9620 9636 9646 WESTFIELDBLVDE 96TH ST KITTRELL DRWestfield Blvd;E 96th St to E 99th St Total Trees: 48FMap 13 nm nmnm nmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnm nm nmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnm nmnmnmnm nmnmnmnmnmnmnmSGUILFORDRDLENOX LN SHOSHONE DR PINE VALLEY DR AAA WAYLEXINGT ONDRE 116TH ST E 111TH ST W EXECUTIVE D R CLAYDRS RANGELINERDCENTRAL PARK DRSCEN TR AL PARK D R W W OODV I EW NO R TH D RJEFFERSONDREEXECUTIVE DR SALERNOCTB R OWNSTO NET R C EEC A RMEL DRHUNTERSDR WIVY LN ROSEMEADEDRTIMBERLNYALE DRW CARMEL DR WOODVIEWEASTDRGOLFVIEW DR MCKENZIEPKYQUAIL GLEN CT LATONIA LNMONROEDRSANTAANITA CTMADISONDRMEDICAL DR HUNTERSDR E117TH ST VETERANS WAYSTANSFIELDDR FRANKLINBLVD REVERE PL ALLEYHIGH DRARLINGTON CT HUNTERS LNHUNTERS DRA STCLARK STINDIAN TRL FAIRGREENDRJACKSON RDRALSTON AVEGABLESEND CT WOOD LAN D LNKEYSTONEWAYOSWEGORDBEECHWOODDRBECKHAMCTBROCKFORDCTWESTFIELD BLVDPOINTEDRWILLOWMEREDRKINZERAVEMOHAWKHILLS DRGLEN MANOR C TCHASE CTDO NNYBR O OK DR WOODL A NDC IR MERCHANTS SQUAREDR CENTURYDRECHOCREST DREFREEPORT DRMITCHELLRDSTATIONDR W OO D V A LLEY D RMONONFARMSLNECHOCRESTDRWSCHEELLNGRADLEDRPERKINS STWOODLANDDRPOINTE PK YMEDICALCT3RDAVESW SENIE LNCENTRA L PARK DR E CENTR AL P A RK DR nmnmnmnmnm nmnmnmnmnm nmnmnm nmnmnmnmnmnmnmnmnmnmnm nmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnmnm nm nm nm nm nm nm nm nm nm nm nm nmnmnm nm nmnm nm nmnm nm nm nm nmnmnm nm nm nm nm nmnmnmnmnmnmnmnmnm nmnmnmnm nmnm nmnm nmnmnmnmnmnmnmnm nm nmnmnmnm nm W ELM ST 5TH ST SE E ELM ST MOHAWKHILLS DRASPENDRE W A L N U T ST MELARKDRE1 2 6THSTOSWEGO RDS RANGELINERDAMYSRUN CT VALENTINELNCARMELAIRECTTILDE NWAYASTOR LNLAGERFIELD D R1ST AVESEHEATHER DREDEN WAYSH E L D ONPLAMYSRUND RVILLAGE GREEN LN N CONCORD LNEDEN WAY CIRCARLINDRBLAIRSDENAVELEXINGTONBLVDBODNER L N JE N N Y L N STEINBECK PL KINZERAVECARMEL V I EW DRALTAM AVE E CITYCENTER DR AUMAN DR E CARMELAIRE DR CONCORD PL ASH DRENCLAVECTENCLAVE CIRBELDENDR AUMAN DR W3RD ST SE TEMPLETON DRCONCORD CT LINCOLN CTINDIA NTRLASPEN WAYNAPPANEE DR UTE DR WINONA DR PAWNEE RDW CONCORD LN GREENHOUSEWAYGOLFVIEWDRALLEY 1STAVE SEARROW A EDRKEYSTONE nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nm nm nm nmnm nmnm 630 755 702 704 0 716 780 720 701650CITYCENTERDRSGUILFORD RDWCARMELDRADAMS ST nmCityCenter Rd;PennsylvaniaSttoSRangeline Rd Total Trees: 37FMap 16 nm nm nm nm nm nm nmnm nm nm nm nm nm nmnm nmnm nm nm nmnm nm nm nm nm nm nmnmnm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnmnm nm nm nm SHELBORNE RD W 116TH ST VERDURE LN LARKSPURLNSHADOWWOOD CTABNEY POINT D R SHELBORNE LNBENNETTWOOD PL CASTLE ROCK DR HOMESTRETCH DR OAK TREE WAY nm Shelborne Rd;W 116th St to W 126th StTotal nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nm nm 1680 1650 13085 13065 13026 1521 1515 1509 1503 1522 1516 1510 1504 0 1511 1523 1517 GEORGIANNELNCLAYCENTERRDW MAINST JENSEN DR LAS HSTnmW MainSt;ShelborneRd to Springmill Rd Total Trees: 24 FMap City of Carmel DEPARTMENT OF COMMUNITY SERVICES CARMEL STREET DEPARTMENT LANDSCAPE BEDS AND TREE RINGS TO BE MULCHED) LOCATION ADDRESS: 3400 W. 131 st St, Carmel, IN 46074 Landscape Beds 11,600 square feet Tree Rings 67 Mulching (Yards) 40 Aerial Map of Landscape Beds Locations (Tree Rings not Depicted) nmnmnmnmnmnmnmnmnmnmnmnmnmnmnm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm MARIPOSA TRL FREELAND WAYNORTHEND D R MARANAD R LEAF YBRA N C H T R L OLDTOWN PLASHDOWNLNLANGLEYCTOFFUTTDRROHRERRDLANGLEY DRROSEMARY GDNSAUTUMN LAKE OVLKSEASONS BNDLAREDO DRN MERI DIA N ST LOCKERBIE PL N ME R IDIAN S 2/10/2022 T M T INC WESTFIELD, IN 46074 - 106282 1719 W 161ST ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 63397 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: LandscapingServices1 $74,160.00 $74,160.00Each 74,160.00SubTotal 74,160.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106282 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham James Crider 317) 733-2001 Commissioner Director of Administration CzTfshfzHsfdivlijobu22;37bn-Gfc34-3133 TPI Utility Construction, LLC Administration Department - 2022 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106310 Contract Not To Exceed $37,950.00 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\TPI Utility Construction LLC Goods and Services - IT Data Center.doc:2/22/2022 1:30 PM\] 2 TPI Utility Construction, LLC Administration Department - 2022 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106310 Contract Not To Exceed $37,950.00 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 C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\TPI Utility Construction LLC Goods and Services - IT Data Center.doc:2/22/2022 1:30 PM\] 3 TPI Utility Construction, LLC Administration Department - 2022 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106310 Contract Not To Exceed $37,950.00 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 Administration Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: TPI Utility Construction, LLC 478 N 1100 E Zionsville, Indiana 46077 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\TPI Utility Construction LLC Goods and Services - IT Data Center.doc:2/22/2022 1:30 PM\] 4 TPI Utility Construction, LLC Administration Department - 2022 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #106310 Contract Not To Exceed $37,950.00 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, 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. 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\TPI Utility Construction LLC Goods and Services - IT Data Center.doc:2/22/2022 1:30 PM\] 5 QUOTE PROPOSAL SUMMARY PAGH Complete the following information and place as the cover page to your quote packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. The prices indicated on this sheet shall be opened during the quote opening and shall match the prices indicated in Part 2 of the Quoters Itemized Proposal and Declarations. Company: TPI Utility Construction, LLC Project Name:CARMEL DATA CENTER FIBER OPTIC PROJECT Date Submitted: January 17, 2022 Base Quote Amount: 37,950.00 Revised 10/8/2021 Exhibit A QmlER'sITEMTZF.npRoposLAL Carmel Communications uoters: TLh^is,^!:,:~.S.h]a.I.I_I:_ut:li,ze2,Py:!lQu?ters.E.xceptasothervisespecifilcallyprovided,allpartsshau be fully and accurately filled in and complelea and notarized. Prct]ect.. Carrnel Data center Fiber optic project Proposal For Construction of : T!e pr.o!:ct is.for th_e installation Of ±1,590 LFT Of144Strandfiberth.rouFh existing condruit and tllree (;) f iiber terminations within existing buildings. Date: Lanurary 17,2022 __ To: Carmel communications QUOTE-1 PART 1 0IJOTHR INFORM ATION Print) Quoter Name:TPI Utility Construction, LLC Quoter Address: StreetAddress: 478 North 1 100 East City Zionsville State: lN Phone: 317-679-2391 1.3 Quotelisalan [markone] Individual I.4 Partnership Foreign (Out of state) Corporation; State: Joint Venture Zip: 46077 Fax: 317-769-5214 i Indiana Corporation Other The following must be answered if the Quoler or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City Of Carmel, Indiana, foreigrl corporations must register with the Secretary Of the State Of Indiana as required by the Indiana General Corporation Act as slated therein and expressed in the Attorney General's Opinion #2, dated January 23,1958.] I CorporationName: 2 Address: 3 Date registered with state oflndiana: 4 Indiana Registered Agent: Name: Address: QUOTE-2 PART 2 2.I Base ouote The undersigned Quoter proposes to furnish all necessary labor, machinery, tools., apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Projec¢ including any and all addenda thereto, for the Unit Prices applicable to¥Lri;,i¥]hngEL Quoter acknowledges that evaluation of the lowest Quote shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Quote evaluation and Contract award, and are not to be construed as exact or binding. The Quoter further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amoimt or quantity of any item of Work to be performed or furnished under the Contract. QUOTE-3 PART 3 Cfl]ITRACTITEMSANDUNITPRICLES This Part lo be used only for Quoting on QUOTE-4 PART 4 CONTRACT DOCUMF,NTS ANT} ADDF,NT)A 4.I The Quoter agrees to be bound by the terms and provisions of all contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Quoter acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE January 12, 2022 QUOTE-5 PART 5 F,XCF,PTTONS Instructions To Ouoters : 5.1 T_he Quoter shall f ally state each exception taken to the specif ications or other contract Documents in Section 5.3 Of this Part. 5.2 Quoter. i`s cau.tipned that any exception taken by Queter and deemed by OWNER to be a in.a.ter!al qu:lip icati?n or !ariance f rom the terms of the contract Docuinents may result in this Quote being rejected as non-responsive. 5.3 Exceptions: QUOTE-6 PART 6 FINANCIAL STATF.MF,NT 6.1 Attachment ofQuoter's financial statement is mandatory. Any Quote submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Quoter's capability for completing the Work/Project if awarded. Information on Quoter's company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and # 102, entitled "Standard Questionnaires and Financial Statement for Quoters". QUOTE-7 SPONSEL CPA GROUP F..oactivo ^dhde- Strate®icth-- TPI UTILITY CONSTRUCTloN, LLC Financial Statements TOGETHER WITH INDEPENDENT ACC0uNTANT'S CC"PILATloN REPoRT FOR THE YEARS ENDED DCCEMBEP 31, 2020 i`ND 2019 Sponselc pAGroup com 251 North lllmois slle®t Suite 450 lndiar`opolii. IN 46204 507 Wcod5cie;I Diiv® Bloaming.on, lN 4740l MAIN 317.608 6699 F^x 317608,66P8 SPONSEL CPA GROUP Proac`ive ^4vl- Strategjc anutho INDEPENDENT ACCOuNTANT'S COMpllATI0N REPORT To the Members of TPI Utility Construction, LLC: ManagementisresponsiblefortheaccompanyingfinancialstatementsofTplutilityConstruction,LIC(alimited liability company), which cornprise the balance sheets as of December 31, 2020 and 2019, and the related statements of income for the years then ended in accordance with accounting principles generally accepted in the Umted States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated bythe Accounting and Review Services Committee of the AICPA. We did not audit or rev.lew the financial statennerlts nor were we required to perform any procedurestoverifytheaccuracyorcompletenessoftheinformationprovidedbymanagement.Accordingly, we do riot express an opinion, a conclusion, nor provide any form of assurance on these financlal statements. Managementhaselectedtoomitsubstanttallyawofthedisclosuresandthestatementofcashflowsrequiredby accountingprinciplesgenerallyacceptedintheUnitedStatesofAmerica.Iftheomitteddisclosuresandthe statementofcashflowswereincludedinthefinancialstatements,theymightinfluencetheuser'sconclusions abouttheCompany'sfinanclalposition,resultsofoperations,andcashflows.Accclrdingly,the financial statements are not des.igned for those who are not informed about such matters. qu CIA Gap, Lic Indianapolis, Indiana March 11, 2021 SponsclcpAGroup.com 251 North lllmois Street Suite 450 lndlanapolis. IN 46204 507 Woodscrest Drlve Bloomington, lN 47401 MAIN 317.608.6699 FAX 317.cog.6698 Tpl UTILITY CONSTRUCTION, llc Balance Sheets December 31, 2020 cind 2019 ASSETS Current Assets Cash Accounts receivable Costs in excess Of billings Employee advances Total current cissets l]ropertv and Equipment Automob(Ies & trucks Compiitel & office equipment Machinery & equlpment Land Accumu`ated depreciation Total property and equipment Total assets LIABluTLES AND MEIVIBERS` EQUITY Current Liabil-rties Current port.Ion -long term liabilities Accounts payable Credit card payable Accrued payroll SBA PPP loan Total cL]rrent liabilities Long-Term lia bllitles Lease payable Less current portion DtJe to afflliates Total long term liabilities Total Ilabllitles Memt)eTs' Equ ity Member'5 draw Members' equity Net income Total members' equity Total Iic\bilities arid members' equity See Independent Accountant's Compilatlon fteport. 2020 2019 921,866.46 $ 693,136.76 663, 564. 29 781,596. 63 200, 000.00 2 25 , OcO. 00 1,800.cO 1,785,430.75 1,701,533.39 781,S20.71 647,770.71 1,076.39 1,076.39 671,666.20 683,888 30 79,140.91 842,18S.27)(722,478.87) 691,zia 94 6io,256.s3 2,476,649.69 $ 2,311,789.92 8,573.88 $ 8,573.88 11,251.58 81,114.30 6,502.ce 4,863.83 5,97 2.97 5,045.82 120,400.00 1S2,700.46 99,S97.83 21,434.54 29,293.93 8,S73.88} (8,573.88) 696,446.05 709,306.71 862,007.17 147,748.S1 768,468.56 a68,o66.39 4,500.00) 1,443,723.53 1,239,434.88 17S,418.99 1,614.642.52 2,476,649.69 204,288.65 1,443,723.S3 2,311,789.92 Tpi uTiirTv coNSTRucTioN, Lic Statements of )ncc)me For the Years Ended December 31, 2020 and 2019 Page 1 Of 2 ZQ2Q % of Revenue 2Q±!% of Revenue Constmu ctlon Revenue Cast Of Rev.hue Job related labor costs Material Prints Bond expense Reimbursed expense Sub contractor Equipmerit renta) Small tools and supplies Ca rrruck expense Customer damage Depreciation expense Dump fee Equipment repairs & maintenarice Lab fee Pe,mit Insurance Fuel Heavy equipment tax Use tax Water test Total cost of revenue Gross Proflt See Independent Accountant's 2,291,187.64 100.0 % 622,619.00 602,788.07 2,633.55 400.00 17,064.74 91,669.41 22,859.00 1.0 44,931`07 2.0 89,277.21 3.9 134.45 0.0 171,835.75 7.5 2S,234.00 1.1 114,962.19 5.a 0.0 10S.00 0.0 47,660.24 2,1 66,829.22 2.9 3,160.83 0.1 39.85 0.0 280.00 0.0 1,924,483 58 366,704.06 Ccimpilatlon Report. 83.9 2,027,419.41 100.0 % 558,391.60 399,890.58 452.80 15,300.00 17,812.76 168,050.80 6,925.15 0.3 39,013`92 1.9 84,301.54 4.2 0.0 168,GOO.S6 8.3 19,713.06 1.0 72,283.40 3.6 62.00 0.0 225.00 0.0 S3.52S.80 2,6 77,347.10 3.8 3,018.90 0.1 29.95 0.0 84.00 0.0 1,685.o28.92 8a.o 16.1 $ 342,390.49 Tpl uTlllTY cONSTRuCTION, llc State me nts Of Income, Contin ned For the Years Ended December 31, 2020_ Operatlng Expense Advert.ising Bad debt Banl( service charges Education and tralnin8 Dues and subscrl.ptiens Gain (loss) on asset disposals Miscellaneous Office supplies Pavroll expenses Pavroll fees Postage and del.lvery Professional fees Property ta xes Repairs Telephone Travel a entertainment utllities Water usage and 2019 29ZQ 421,10 11,133.51 50.00 20.00 3,864.40 11.52 1,578.17 132,065.12 5,S32,05 141.88 10,3SO.10 5,035.60 981.71 8,517.19 6,530.68 3,542.97 3,172.2S 96 Of Reverue 0.0 0.S 0.0 0.0 0.2 0.0 0.0 a.1 5.8 0.2 0.0 0.5 0.2 0.a 0.4 0.3 0.2 0.1 Page 2 of 2 Zg±g 9t of Ret/.nu. 1,772.63 a.1 0.0 0.0 0.a 1,628.47 01 1,000 00) 0.0 0.0 1,477.00 0,1 98,16S.81 4.7 5,304.16 0J 239.66 0.0 5 , 540. 00 03 3,923.66 0.2 1i54.01 0-1 S,405.68 0.3 5,304.35 0.3 2,295.12 0.1 7,677.33 a.4 Total operating expe rise aperatlng li`come Other Income and Expense Chher income lnterest expense Total a.I`er iricclme arld expense Net Income See Independent Accour`tant's 192,948.25 173.755.81 1,663.18 1,663.18 17S,418.99 Comp`lation Report. 139,287.88 203,102.61 1,250.48 0.1 64.44) 1,186.04 204,288.6S 0.0 7.1 7.2 PART 7 ADDITIONAL I)ECLARATI0NS Quoter certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplatedbytheAgreementwithrespecttohire,teniire,terms,conditions,orprivileges ofemploymentoranymatterdirectlyorindirectlyrelatedtoemploymentorsubcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. The Quoter certifies that he/she has thoroughly examined the site of the Project/Work and informed himselfTherself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Quoter further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. QUOTE-8 PART 8 NON-COT,I,USTON AFTTT)AVIT The individual person(s) executing this Quote Proposal, being first duly sworn, depose(s) and state(s) that the Quoter has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Quoter or person (i) relative to the price(s) proposed herein or to be quote by another person, or (ii) to prevent any person from quoting, or (iii) to induce a person to refrain from Quoting; and furthermore, this Quote Proposal is made and submitted without reference to any other quotes and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such quoting in any way or manner whatsoever. PART 9 SIGNATURES Signature by or on behalf Of [he Quoler in the spaces provided below shall constitute execution of each and every Part Of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Quoters Name: Written Signature: Printed Name: Title: TPI Utilit Construction Brad R nearson Member Important - Notarv Sianature and Seal Required in the Si)ace Below STATEOF Indiana SS: COUNTYOF Boone 2o22 Subscribed and sworn to before me this My commission expires: 04/09/2027 (Signed) Printed: Residing in Boone County,State of Indiana QUOTE-9 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 CzTfshfzHsfdivlijobu:;34bn-Gfc22-3133 BQQFOEJY!B;!PSEFS!GPSN Bqqmjdbujpo!TfswjdfQspwjefsBhsffnfou!Psefs!Gpsn;!!Wjshjo!Qvmtf!Fohbhf Order Form Prepared for:City of Carmel Bill To Address:One Civic Square Carmel, IN 46032 Contact Name:Lisa Hartz Contact Email:lhartz@carmel.in.gov Contact Phone: 317) 571-2471 SubscriptionServices Initial OrderOrderEnd PerEligibleMinimumEstimatedTotal PriceServicesOrderTermDatePerYearPriceEligibleLivesEligibleLivesperYearStartDate(years) EngagePlatform– 02/01/1701/31/253$60450600$36,000Employees Total Per Year:$36,000 Payment Terms and Conditions: 1.The Subscription Services Fees will be invoiced annually based on the greater of (a) Minimum Number of Eligibles as of the Effective Date; or (b) the actual number of Eligibles on record in Provider’ssystem atthe time of invoice. 2.All Subscription Services fees shall be due and payable within thirty (30) days of the date of the invoice. 3.Client will be invoiced bi-monthly in arrears based on the total value of rewards earned by each Member during the bi-month. AdditionalServices ServicesBilling TypePer Unit Price ImplementationPer Unit$0 Custom Data Extracts & ReportingPer Hour$200 Max Buzz Activity TrackersPer Device$28.99 Per DeviceMaxBuzzActivityTrackers (Bulk pricing)$24.99minimumof10) Client may elect to purchase the equivalent USD value per unit as asubsidy to be applied towards any Activity Tracking Device in the Virgin Pulse store. Payment Terms and Conditions: 1.Implementation fees are waived and not applicable. 2.All Additional Services fees, including Live Coachingand Activity Trackers will be invoiced monthly in arrears based on the total number of devices shipped or units completed during the month. 3.Rewards, if applicable, will be invoiced bi-monthly in arrears based on the total value of rewards earned by each Member during the applicable period. 4.All Additional Services fees are due and payable within thirty (30) days of the invoice. 5.Client will be billed sales tax on applicable products and services and Virgin pulse will remit these taxes toeach state where Virgin Pulse conducts business. BQQFOEJY!B.2;!QSPEVDU!EFTDSJQUJPO!WJSHJO!QVMTF!FOHBHF)XUX!FOIBODFE* Engage Platform Virgin Pulse Engage is atotal employee wellbeing solution that drives sustainable, long-term behavior change, increases productivity,and strengthens workforce cultures by providing daily engagement tools, personalized program recommendations, targeted communications, and daily habit-building activities. The integrated platform drives higher participation across all your HR programs and benefits.Engage is delivered through a web and mobile (iOS and Android) platform with success services for implementation, ongoing client success, member engagement and member support. The product description below may be updated from time to time to reflect feature changes. STANDARDPRODUCTCAPABILITIES PROGRAM DESIGN & INCENTIVES Configure your program design based on your wellbeing goals, with incentives to drive program participation and improved health outcomes Program Structure Virgin Pulse configures a program to meet client’sgoals with configurable task-based rewards. Incentive & Member rewards will be configured based on client requirements;options include: Reward Structure Employer-Sponsored Rewards –reward members with a variety of reward options including healthcare contributions, local incentives, cash, gift cards, etc. May be awarded based on program achievements and rdparty partners. Data files must beactionsorviaperiodicdatafiletransfersfromclientorclient’s3 transmitted in the required Virgin Pulse file format. Virgin PulseCash –members may earn PulseCashcurrency redeemable for rewards in the Virgin Pulse Store US and Canada), or for gift cards and charitable contributions Subsidized Tracking Devices –members may redeem employer-subsidized discount codes in the Virgin Pulse Store (US, Canada, EU) for popular consumer tracking devices Branding & Program elements will be customized at the partner level, including: Customization Create a vanity URL for member access to the web platform Add a partner corporate/wellness logo to the program website, mobile app,and emails Add a branded cover photo Create custom daily cards and healthy habits Client may customize program elements to reflect their culture and brand, including: Create calendar events ASSESSMENT & MEASUREMENT Tools to help members survey the member population, help members assess their health status and risks, and resources to support members in addressing and preventing potential conditions Health Assessment Flagship assessment that leverages NCQA-certified content to offer members a fresh look at their lifestyle choices Health Check and personal health. Health Assessment includes health and lifestyle questionnaire and a personal score which assesses participant across multiple areas of wellbeing. My Care Checklist My Care Checklist provides personalized reminders based on data and HEDISmeasures tohelp members stay on top of condition-specific and preventive care actions throughout the year. Surveys Client-built custom surveys that can segmented and deployed through VP platform. Surveys include reporting to help clients acton the insights provided by their population. HABIT BUILDING & BEHAVIOR CHANGE TOOLS Tools, trackers,and activities to help members adopt and maintain healthy habits Members may self-track health and wellness behaviors in key lifestyle areas: activity, nutrition, learning, sleep, Healthy Habit community, relationships, stress, productivity, financial wellbeing, safety, sustainability, diversity, inclusion,andTrackers effectiveness. They support successful behavior change by triggering membersto make small but daily changes in their lifestyle. Client may create custom healthy habits for tracking. Members receive personalized daily tip cards based on their selected interests. The cards take a micro-learning andDailyHealthTips small steps approach to cue healthy actions. The tip cards encompass thesekey lifestyle areas: activity,nutrition, learning,sleep,community,relationships,stress,productivity,financialwellbeing,safety,sustainability,diversity, inclusion,&effectiveness. A personalized goal setting path allows members to target specific, personal wellbeing improvements. Goal Setting Virgin Pulse Journeys® are daily, self-guided courses that help employees successfully form and adopt new healthyDigitalCoaching - habits. Each Journey breaks a key behavior or a larger goal into smaller achievable steps, helping people improveJourneys their health literacy and form new habits as they go. Members have access to online digital coaching on lifestyle and health condition topics that help members stress less, move more, eat better, cut back on alcohol, quit smoking, manage diabetes, improve financial wellbeing, musculoskeletal health and more. Live Coaching - Total Population Live, telephonic 1:1 coaching Health(U.S. only)Members are matched to a coach based on member goals and preferences. Coaching is based on what ismost Additional fees meaningful tothe member across all lifestyle topics and 22 conditions. Also includes tobacco cessation coaching. apply Coaching may include proactive outreach to eligible members based on program design –any member can participate. Sleep Program Personalized plans that providepractical guidance and a framework to adopt healthy sleep habits with tracking tools, resources and tips, reminders, and rewards. Nutrition Program Personalized plans that providepractical guidance and a framework to adopt healthy nutrition habits with tracking tools, resources and tips, reminders, and rewards. If the participant is interested in NRT, their Health Coach will screen for potential contraindications and, ifTobaccoCessation appropriate, will order a one-month supply. Once the member has started using NRT and is showing success, theNicotine Replacement coach may order an additional one-month supply during asubsequent coaching call, up to atotal of two months. Therapy (NRT) NRT is available in the following forms: Additional fees Patches –21 mg, 14 mg,and 7 mg doses apply Gum and Lozenges –4 mg and 2 mg doses Participants are made aware of the various prescription medications that are used for tobacco cessation. The potential benefits and risks of prescription medications are discussed, but participants are referred to their primary care provider for all prescription medications. CHALLENGES & SOCIAL SUPPORT Drive engagement, foster friendly competition, and support a culture of wellbeing Challenge TypesDestination Challenges–themed, team-based step challenges traversing destinations virtually and unlocking engaging content atchallenge milestones, deployable company-wide, includes Destination Challenge Theme Library, chat, leaderboards, automated communications, and configurable team size and start/end dates Basic Challenges–team-based challenges in which members compete in simple, themed step competitions, deployable company-wide or to population segments (business unit, location), includes Basic Challenge Theme Library, chat, leaderboards, automated communications, and configurable team size and start/end dates Monthly Promoted Healthy Habit Challenges–clients may run week-long company-wide healthy habit challenges. Choose from Virgin Pulse’scalendar of challenges or create customized challenges. Spotlight Challenges–ties in more wellbeing areas into challenges in a prescriptive manner to address concerns specific to populations; approach increases the likelihood of meeting goals that leads to long-term healthier habits and outcomes. Charity Challenges–team-based steps challenge to promote and celebrate progress toward a company goal broken in different stages/milestones to boost motivation; each stage/milestone can be tied to a donation (or other off-platform reward). Individual Challenges–members may challenge friends to compete in week-long Healthy Habit Challenges; one- day, weekend,or work week Personal Step Challenges; and an ongoing 7-day Friends Leaderboard step challenge Challenge Client-Administered Challenges –client administrators and champions with appropriate permissions may use a Administration self-service administrative tool to deploy unlimited Destination, Basic and Healthy Habit challenges. Choose from the Virgin Pulse Challenge Theme Library or create your own custom theme (client supplies custom content andAdditionalfees images), and configure challenge settings (start/end dates, etc.) may apply Virgin Pulse-Administered Challenges Virgin Pulse will configuretwo(2) Basic or Destination challenges from the Challenge Theme Library per year at the partner level for clients, as requested. Additional fees apply for Virgin Pulse to create additional challenges. Social Connection - Members may connect with members inside your company to participate in challenges and compare activities and Friends may invite up to 10 people outside your company to be friends. Friends outside the company have access to a generic experience without rewards. Shoutouts An employee and peer recognition tool to facilitate a culture of recognition and appreciation and drive engagement with company values. Groups Members mayjoin and create groups based on interests CHAMPIONS PROGRAM Helpful resources to support your employee wellness champions Champion Includes Champion recruitment campaigns, launch training, ongoing engagement emails and webinars to keep Training, Champions informed and engaged throughout the program, as well as tools and tips for Champions to use to Communications motivate employees to join the program and to engage members to participate throughout the year. and Tools PARTNER & PROGRAM INTEGRATIONS Integrate and promote HR programs, benefits, tools, events,and information to drive awareness, usage,and impact Integration of three (3) client-specific programs is included.Additional fees apply(over 3 programs)to data-drivenClient integrationof client-specific programsand activitiesbased on type of program integration and how rewarded: Programs/Partners Additional fees Promote: toraise awareness of an event or activity –fee of $2,500 applies apply Self-attest: reward for a client-specific activity byself-attest (honor code) –fee of $2,500 applies Data-driven: reward for client-specific activity with file integration (using standard Virgin Pulse file format) – fee of $5,000 applies Integrateclient-specific programs via link or single sign-on (feeapplies for any connections after 5 outbound) and promote via program cards, programs page and communications campaigns (see Member Communications section). Clients mayreward members for program achievements and actions via periodic data file transfers from rdclientorclient’s3party partners. Data files must be transmitted in the required Virgin Pulse file format. Virgin Pulse Integrate Virgin Pulse certified partners tocreate a seamless member experience, including daily content and tools, Certified Partners incentives, automated communications,and communications campaigns (see Member Communications section), healthy habit tracking, and built-in reports showing member views, clicks and earned rewards Virgin Pulse App & Integrated Virgin Pulse app and device partners create a seamless member experience including data sharing (e.g., Device Partners steps, active minutes, calories consumed, etc.), incentives, and integrated reporting Aflexible recommendation system that allows clients to create a personalized benefit experience by targetingPersonalization programs to members based on criteria such as eligibility, demographics, healthrisks, readiness to change andEngine wellbeing interests Drive program awareness and utilization by promoting recommended programs via automated web (e.g., programTargeted and calendar cards, announcement cards, programs page, calendar), mobile (e.g., program and calendar cards, Promotion & Communications programs page, calendar) and communication campaigns with options for email, site pop-up, mobile in-app message and mobile push notifications, and offline communications (see Member Communications section for details). List WTW partner-level programs and resources in a program directory with personalized recommendations andProgramPage ability to host PDFs with additional program info for members Promote events via calendar cards and a monthly calendar targeted to specific business units, locations, orEvent & company-wideCommunity Calendar TRACKING DEVICES & APPS Connect consumer trackers and apps to drive engagement Consumer Health Members may connect 50+ popular mobile health apps, wearables,and health tracking devices to the Virgin Pulse Trackers program to track validated health metrics Max Buzz Virgin Pulse’sactivity and sleep tracking device with vibrating alerts for alarms and phone calls/text messages. ADMINISTRATIVE TOOLS Tools to help manage your program Virgin Pulse Build and deploy employee surveys tomembers via the Virgin Pulse platform: Surveys Clients create and publish surveys and access survey results via the Client Admin Portal Members complete surveys/polls/quizzes directly through the Virgin Pulse platform Survey types include quick (1-2questions), eNPS and custom (unlimited questions) surveys Question types include polls, quizzes, multiple choice, rating scale, mood,and free text Surveys may be deployed to members organization-wide or to specific org hierarchy segments Eligibility File Processing of eligibility files submitted by client in Virgin Pulse standard or agreed upon file format Processing Client Admin Program administrators can use web-based management tools to manage and segment components of their Virgin Portal Pulse program including calendar events topromote events broadly or to specific locations. There isalso the ability to configure wellbeing pillars and topics. Administrators can create daily cards and healthy habits for their employees. Lastly, this tool may be used to deploy unlimited Destination, Basic and Healthy Habit challenges. Choose from the Virgin Pulse Challenge Theme Library or create your own custom theme (client supplies custom content and images), and configure challenge settings (start/end dates, etc.) Program Analytics Program administrators may access an on-demand analytics dashboard updated daily with program metrics including enrollment, engagement, program usage, challenge tracking, external programs, health assessment, biometrics, etc. Features include ability to filter by location and business unit, ability to export for sharing with stakeholders, alerts/KPIs, custom dashboards, and in-platform chat. LANGUAGES Drive program awareness, enrollment,and participation The web platform and mobile app are translated into the following languages: US English, UK English, Chinese (Simplified), Chinese Traditional), Dutch, French (European), French (Canadian), German, Italian, Japanese, Korean, Malay, Polish, Portuguese (Brazilian), Russian, Spanish (Latin American), Spanish (European), Swedish, Thai, and Vietnamese. MEMBER SUPPORT Post-launch member support Online Support Members may access a knowledgebase of helpful program information and problem resolutions via the Support section of the program site,or they may submit questions via the Support form Member Services Provides member-level support after launch via phone (877-770-1550)and email (support@virginpulse.com)from 8am-9pm EST, Monday-Friday; and chat 2am-9pm EST, Monday-Friday. MEMBER COMMUNICATIONS Drive program awareness, enrollment,and participation Launch CommunicationsStandardMember Communications Virgin Pulse administered activation campaign including emails sent to eligible employees, posters, digital displays, print-ready postcard,and program info sheet (client assumes any printing, distribution costs). These deliverables can be configured to include client logo, program launch date, and specific program reward details. OngoingEngagement Campaigns Automated, system-generated emails sent by Virgin Pulse to enrollemployees to drive program participation; these emails are distributed based on the individual member'sinteractions with the platform and can include the following: Enrollment Reminders Onboarding Emails Health Assessment Reminders Company Challenges Healthy Habit Challenges Personal Challenges Administrative Emails Platform Notifications–client may communicate timely notifications to members via platform notification feature, including ability to segment notifications by client sponsor, company, and business unit DATA EXCHANGE MANAGEMENT Drive program awareness, enrollment,and participation Bi-weekly automated aggregatestandard reports: Eligible Employees, Member Activation, Billable Cash Earned, Reporting Services Non-Billable Cash Earned, Devices Purchase (if applicable), Member Demographics. Shows individual earning for each enrolled member. Off-Platform Incentive Report; If needed, Off-Platform Incentive Report will be delivered as frequently as monthly. Additional Data Requests for additional data shares beyond standard data files or reports are billable at an hourly rate. Files and/or Reports Additional fees apply Inbound Single Identity Provider (IdP) initiated SAML 2.0 SSO implementation. Sign-On Connection Additional fees apply Outbound Single SAML 2.0 SSOimplementation from Virgin Pulse platform to client’sthird-party partner for authentication purposes Sign-On passing unique member ID and company identifier in token). Connection Additional fees apply CLIENTSUCCESSSERVICES Services to ensure ongoing program success A client success manager will be responsible for proactive program management and client outreach to optimize program performance. Services will include: Program and reward design review, recommendations,and support Quarterly review meetings Annual review of Virgin Pulse Product Roadmap Access to Client Service Portal, aself-service ticketing tool where clients canrequest support on member issues Monthly newsletter including new feature announcements and engagement promotion updates Two passes to the annual Virgin Pulse Thrive conference Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: 2nd March 22 REVIEWED VIA EMAIL CRED HECK 2-14-22 CFD HARRINGTON 2-9-22 CPD KEITH 2-9-22 REVIEWED VIA EMAIL CRED HECK 2-9-22 CFD SUTTON 2-8-22 CPD KEITH 2-8-22 2nd March 22 2-23 CLERK 3-2 BPW REVIEWED VIA EMAIL CRED HECK 2-9-22 CPD SUTTON 2-9-22 CFD KETIH 2-9-22 2-23 CLERK 3-2 BPW REVIEWED VIA EMAIL CRED HECK 2-9-22 CFD SUTTON 2-9-22 CPD KEITH 2-9-22 2-23 CLERK 3-2 BPW REVIEWED VIA EMAIL CRED HECK 2-9-22 CFD SUTTON 2-9-22 CPD KEITH 2-9-22 Board of Public Works and Safety Meeting Agenda Wednesday, March 2nd, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 16th, 2022, Regular Meeting 2. BID/QUOTE AWARDS a. Bid Award for 3rd Avenue SW Reconstruction from Autumn Drive to 2nd Street SW (Project # 20-ENG-03); Jeremy Kashman, Director of the Department of Engineering b. Bid Award for Smoky Row Road from Old Meridian Road to Rangeline Road (Project # 20-ENG-01); Jeremy Kashman, Director of the Department of Engineering 3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a. Resolution BPW 03-02-22-03; The Meadows at Legacy; Builder Walks Section 1, 2, 5; CalAtlantic Homes of Indiana b. Resolution BPW 03-02-22-04; The Windward at Legacy; Asphalt Surface, Common Walk, Monuments; Lennar Homes c. Resolution BPW 03-02-22-05; The Prairie at Legacy; Erosion Control; CalAtlantic Homes of Indiana d. Resolution BPW 03-02-22-06; Ashmoor; Builder Sidewalk; RH of Indiana e. Resolution BPW 03-02-22-07; Waterfront at West Clay 2C; Street Signs / Erosion Control; Paul Shoopman f. Resolution BPW 03-02-22-08; 12955 Old Meridian Remodel; Erosion Control; Oles Engineering 4. CONTRACTS (ITEMS A – P) a. Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($10,000.00); 16-ENG-14 - Program Management Services - 2016 COIT Bond; Additional Services Amendment #36a; Jeremy Kashman, Director of the Department of Engineering b. Request for Purchase of Goods and Services; Beam, Longest, & Neff, LLC; ($606,000.00); 20-ENG-01 – Smoky Row Road - Old Meridian to Range Line RAB – Inspection - 2020 Road Bond; Additional Services Amendment #1; Jeremy Kashman, Director of the Department of Engineering c. Request for Purchase of Goods and Services; Butler Fairman & Seufert, Inc.; ($203,400.00); 20-ENG-11 – 96th Street Trail Project – Final Design – INDOT Des 2200153 – 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering d. Request for Purchase of Goods and Services; AllSource Construction Specialties, LLC; ($56.00); Carmel Data Center; CO #1; James Crider, Director of Administration e. Request for Purchase of Goods and Services; Biancofiori Masonry, Inc.; ($6,750.00); Carmel Data Center; CO #1; James Crider, Director of Administration f. Request for Purchase of Goods and Services; Frederick’s, Inc.; ($5,511.00); Carmel Data Center; CO #1; James Crider, Director of Administration g. Request for Purchase of Goods and Services; Gridlock Traffic Systems, Inc.; ($45,000.00); Striping; Additional Services Amendment; Lee Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; Hanson Professional Services, Inc.; ($2,425.00); 20-ENG-01 – Buyers Agent (Parcel 3) - 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering i. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($95,320.00); New Staff Cars – C43, C44, and QM - Three Vehicles Minus Trade-ins; Additional Services Amendment; Chief David Haboush, Carmel Fire Department j. Request for Purchase of Goods and Services; Rieth-Riley Construction Co., Inc.; ($7,198,416.21); 20-ENG-01 – Smoky Row from Old Meridian Road to Range Line Road - 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering k. Resolution BPW 03-02-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Volkert, Inc.; ($6,650.00); 20-ENG-01 Right of Way Land Acquisitions – 2020 Road Bond; Jeremy Kashman, Director of the Department of Engineering l. Resolution BPW 03-02-22-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; TPI Utility Construction, LLC; ($71,065.00); Carmel Police Department Headquarters and Court BOT – Fiber Optics; James Crider, Director of Administration m. Request for Purchase of Goods and Services; Shade Trees Unlimited; ($40,000.00); Trees for 2022 with 5% Increase from 2021; Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services n. Request for Purchase of Goods and Services; TMT, Inc.; ($74,160.00); Landscaping Services; Additional Services Amendment; Lee Higginbotham, Street Commissioner o. Request for Purchase of Goods and Services; TPI Utility Construction, LLC; ($37,950.00); I.T. Data Center Project – Fiber Optic Project; James Crider, Director of Administration p. Request for Purchase of Goods and Services; Virgin Pulse; ($36,000 per year plus additional service charges listed); First Amendment to Application for Renewal Term 02-01-2022 to 01-31-2025; Additional Services Amendment; Lisa Hartz, Director of Human Resources 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Civic Square Gazebo and Japanese Garden; Clark Wedding; August 13th, 2022; 8:00 AM – 3:00 PM; Amanda Clark b. Request for Traffic Control / Emergency Medical Services / Barricades at Various Locations; 51st Annual Sam Costa Half Marathon and Quarter Marathon; March 26th, 2022; 7:00 AM – 12:00 PM; Terry Townsend, Indy Runners and Walkers c. Request to Use Reflecting Pool / Civic Square Gazebo / Civic Square Fountain Area; Carmel Police Memorial; May 11th, 2022; 4:00 PM – 9:00 PM; Karolyn Brumley, City of Carmel d. Request to Use Veteran’s Plaza; Memorial Day Ceremony; May 27th, 2022; 7:00 AM – 11:00 AM; Meg Gates Osborne, City of Carmel e. Request to Use Civic Square Gazebo / Civic Square Fountain Area and for Road Closure / Barricades / No Parking Signs; National Night Out; August 2nd, 2022; 7:00 AM – 9:00 PM; Karolyn Brumley, City of Carmel 6. OTHER a. Request for Lane Restrictions / Open Pavement Cut; 275 Veterans Way – Studio M Architecture; Construction of Building; CEC b. Request for Right of Way Dedication; 275 Veterans Way – Studio M Architecture; CEC c. Request for Consent to Encroach and Variance; 866 North Range Line; Stormwater Infrastructure; Duke Energy d. Request for Consent to Encroach and Variance; 3207 Driftwood Court; Realignment of Stormwater Pipe; David and Jennifer Sams, Property Owners e. Request for Lane Restrictions / Pavement Cut; Walden Pond / Grove / Brooks Bend; Fiber Optic Installation; AT&T 7. ADJOURNMENT Exhibit A NORTH !NO/ANA STAT£ PLANE EAST ZONE BEARINGS £AST R/W__. VETERAN'S WAY KBSO PROPERTIES LLC. INSTR. /2021091408 POINT OF BEGINNING SW CORNER INSTR. /202 f 09 f 408 __ il!4---l�-----------�s:-;;B�9-�os��o�·�w;;;--;J�Js�.�so�':--__J_---,---vv 1 t.,j "i Q::: v-RIGHT-OF-WAY OED/CATION ✓0,045± ACRES. ..... -..J STl/0/0 M ARCHITECTl/R£ I ANO PLANNING, LLC. I £AST R,/W--..._ ______ ----INSTR. /2021076865------ -J_ VETERAN� L2 --J WAY NORTH R/W JRD ST. SW LINE TABLE LINE I DIRECTION L1 S 00·00'15• £ L2 S 89'05'00" W LJ N 00'00'15" W L4 N e9·05•00· E REFERENCE: This exhibit is based upon the ALTA/NSPS Land Title Survey by Civil clc Consultants, Inc., Project No. 315-285 !1:111:; Civil & Environmental Consultants, Inc. 530 E. Ohio Street, Suite G -Indianapolis, IN 46204 317-655-7777 · 877-746-0749 www.cecinc.com 3RD STREET SW (PUBLIC RIGHT-OF-WAY) LENGTH 66.00' 29.50' 66.00' 29.50' POINT OF COMMENCEMENT S£ CORNER, NE 1/4, SE 1/4 SEC. 25, T. 18N., R.JE. SCALE IN FEET i-------0 30' STUDIO M ARCHITECTURE & PLANNING, LLC 275 VETERANS WAY CARMEL, INDIANA 46032 RIGHT-OF-WAY DEDICATION EXHBIT t-D_R_AW_N __ BY_: ______ C_J_V-+li_CH_E_C _KE_D_B_Y_: _____ T_J_TI- A _PP_R_O_VE_D_B_Y_: ____ A_B-iS !EXHIBIT: D ATE: FEBRUARY 10, 2022IDWG SCALE: 1"=30' PROJECT NO: 315-2851 A 60' Exhibit A Exhibit B Part or Section 24, Tounsh1p 18 North, Range 3 East, more particularly described as follows: Beg1nn1ng at a polnt one hundred five and twenty-fivehundredths (105.25) feet north of the southeast corner of the Southeast Quarter (SE¼) of Section 24, Township 18 North, Range J East; thence North on and along the east line of said Quarter Section one hundred f1�ty (150) feet to a point;thence west parallel with the south line of said Q.uarter Section on e hundred seventy-five and three-tenths (1?5.J) feet to an 1ron stake; thence south, parallel with the east line of said Quarter Section two hundred fifty-five and tw�ntyf1ve-hundredths (255.25) feet to the south line of sa1d Quarter Section; thence east fifteen and three-tenths (15.3) feet to a point; thence north parallel with the east line of said Quarter• Section one hundred five and twenty-rive-hundredths (105.25) feet to an iron stake; thence east, parallel with thesouth line of said Quarter Section one hundred sixty (160) feet tc the place of beginning, containing o.64 acres, more or less. Exhibit A Exhibit B Exhibit A