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HomeMy WebLinkAboutPaperless Packet for BPW 04.06.22Board of Public Works and Safety Meeting Agenda Wednesday, April 6th, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the March 16th, 2022, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Opening for 2022 Paving; Lee Higginbotham, Street Commissioner b. Bid Opening for 116th St, Carmel Dr, Main St, and Smoky Row Rd over Keystone Pkwy Bridge Rehabilitations; Lee Higginbotham, Street Commissioner c. Quote Opening for 126th St over Keystone Pkwy Bridge Beam Repairs; Lee Higginbotham, Street Commissioner d. Quote Opening for 2022 Hanover Fountain Repair; Lee Higginbotham, Street Commissioner e. Bid Award for Project 18-ENG-05 Richland & Main and Lexington & Main Intersection Improvements; Jeremy Kashman, Director of the Department of Engineering 3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a. Resolution BPW 04-06-22-03; The Estates at Towne Meadow; Erosion Control; Platinum Properties b. Resolution BPW 04-06-22-04; Albany Place Section 2; Erosion Control and Right of Way Permit; Platinum Properties 4. CONTRACTS (A-W) a. Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($179,700.00); 20-ENG-01 ASA 2 - Smoky Row Road – Old Meridian to Range Line Road RAB - Design; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering b. Request for Purchase of Goods and Services; A&S General Construction; ($3,093.09); Carmel Data Center Project; CO #1; Jeremy Kashman, Director of the Department of Engineering c. Request for Purchase of Goods and Services; Biancofiori Masonry, Inc.; ($2,997.50); Carmel Data Center; CO #2; James Crider, Director of Administration d. Request for Purchase of Goods and Services; White Construction; ($190,000.00); 16- ENG-22 - Monon Boulevard – Phase 2; CO #2; Jeremy Kashman, Director of the Department of Engineering e. Request for Purchase of Goods and Services; CPP Indianapolis, LLC; ($14,937.00); Painting Exterior of Station 46 per Quote; Chief David Haboush, Carmel Fire Department f. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($100,000.00); 17-ENG-01 ASA 14a - Duke Energy Phase 2 North – Inspection; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering g. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($100,000.00); 20-ENG-09 ASA 20a – Right of Way Services Supplemental; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering h. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($302,000.00); 18-ENG-05 ASA 23 – 4th / Main RAB Inspection Services; Jeremy Kashman, Director of the Department of Engineering i. Request for Purchase of Goods and Services; DLZ Indiana, LLC; ($64,600.00); 18- ENG-02 ASA 1 – 106th Street and Hazel Dell Parkway RAB Design; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering j. Request for Purchase of Goods and Services; Engledow, Inc.; ($48,011.74); Sophia Square Topiaries; Additional Services Amendment; Lee Higginbotham, Street Commissioner k. Request for Purchase of Goods and Services; K and K Fence, Inc.; ($108,160.00); Carmel Data Center Project - Fencing; James Crider, Director of Administration l. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($550.00); Vehicle 2022 Traverse; Additional Services Amendment; James Crider, Director of Administration m. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($97,800.00); Vehicles; Additional Services Amendment; Chief Jeffrey Horner, Carmel Police Department n. Request for Purchase of Goods and Services; Mainscape, Inc.; ($25,050.00); Sod Installation; Additional Services Amendment; Lee Higginbotham, Street Commissioner o. Resolution BPW 04-06-22-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Hirsch Bender Associates Interior Design; City Hall Project; James Crider, Director of Administration p. Request for Purchase of Goods and Services; Specialized Land Services, Inc.; ($5,900.00); 20-ENG-01 and 20-ENG-02 Buying Services; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering q. Request for Purchase of Goods and Services; The Mirazon Group, LLC; ($3,600.00); Consulting Services; Timothy Renick, Director of Information and Communication Systems r. Request for Purchase of Goods and Services; Traynor & Associates, Inc.; ($3,000.00); 20-ENG-03 – 560 3rd Ave SW – Appraisal; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering s. Request for Purchase of Goods and Services; Traynor & Associates, Inc.; ($4,000.00); 20-ENG-02 – 106th & College RAB – Appraisal; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering t. Request for Purchase of Goods and Services; Tuuci, LLC; ($6,852.50); Midtown Umbrellas with Event Sponsor Logo; Additional Services Amendment; Nancy Heck, Director of the Department of Community Relations u. Request for Purchase of Goods and Services; United Consulting Engineers, Inc.; ($58,039.94); 16-ENG-104 ASA #7b – Smoky Row and Monon Trail Over Little Cool Creek; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering v. Request for Purchase of Goods and Services; VSP Global; Business Associate Agreement; Lisa Hartz, Director of Human Resources w. Request for Purchase of Goods and Services; White Construction, LLC; ($3,493,000.00); 18-ENG-05 – Richland & Main and Lexington & Main Intersection Improvements - Construction; Additional Services Amendment; Jeremy Kashman, Director of the Department of Engineering 5. REQUEST TO USE CITY STREETS/PROPERTY (A & B: REQUEST TO AMEND; C-L: REQUEST TO USE) a. Request to Amend Date of Original Use Request; The Donut Judge Me 5K Run / Walk; Original Request Date of June 11th, 2022; Amended Request Date of August 20th, 2022; 9:00 AM – 6:00 PM; James Nichols, 131 Event Productions b. Request to Amend Date of Original Use Request; St. Christopher’s Strawberry Festival; Original Request Date of August 27th, 2022; Amended Request Date of August 28th, 2022; Kevin Price c. Request to Use City Hall Parking Lot; Bike Carmel Bicycle Donation Event; April 23rd, 2022; 10:45 AM – 2:15 PM; Kevin Whited, City of Carmel d. Request to Use Japanese Garden; Guided Meditation by Urban Meditation; May 14th, 2022; 1:30 PM – 3:15 PM; Kendall Culbertson, Carmel Clay Library e. Request to Use Midtown Plaza; Hands Free CPR Class; April 24th, 2022; 8:00 AM – 1:00 PM; Tim Griffin, Carmel Fire Department f. Request to Use Civic Square Gazebo; Confront the Climate Crisis Event; April 24th, 2022; 12:00 PM – 5:00 PM; Chenyao Liu g. Request to Use Midtown Plaza; Coffee on the Monon; Multiple 2022 Event Dates with Same Time Frame; May 6th, June 24th, July 22nd, August 26th, and September 23rd, 2022; 6:15 AM – 9:15 AM; Kevin Whited, City of Carmel h. Request to Use Palladium Paver Patio - East Patio; Hrinowich – Elsbury Wedding Ceremony; April 30th, 2022; 2:00 PM – 6:30 PM; Rehearsal; April 29th, 2022; 5:00 PM – 6:00 PM; Corinne Keller, Hotel Carmichael i. Request to Use Civic Square Gazebo and Surrounding Greenspace; Indianapolis – Carmel Children’s Festival; Kids and Family Growth Foundation; April 30th, 2022; 8:00 AM – 3:45 PM; Greg Yoakam j. Request to Use Palladium Paver Patio - East Patio; Mester – Schoenle Wedding Ceremony; April 30th, 2022; 2:00 PM – 7:00 PM; Rehearsal; July 29th, 2023; 5:30 PM – 6:30 PM; Amanda Ahern, Hotel Carmichael k. Request to Use Civic Square Gazebo; AGES Band Free Event; June 18th, 2022; 4:00 PM – 10:00 PM; Mark Stevens l. Request to Use Civic Square Gazebo; AGES Band Free Event; September 10th, 2022; 4:00 PM – 10:00 PM; Mark Stevens 6. OTHER (A-L) a. Resolution BPW 04-06-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Approving the Transfer and Presentation of Pistol and Badge for Master Patrol Officer Andrew P. Gerdt; Chief Jeffrey Horner, Carmel Police Department b. Request for Consent to Encroach and Variance; 13900 Grisham Drive; Epcon Carmel, LLC c. Request for Grant of Perpetual Storm Water Quality Management Easement; Lakeside Apartments Access Drive; 645 West Carmel Drive; Conner Strege, Kimley- Horn d. Request for Grant of Perpetual Storm Water Quality Management Easement; Lakeside Apartments Phase II; 615 West Carmel Drive; Conner Strege, Kimley-Horn e. Request for Grant of Perpetual Storm Water Quality Management Easement; Studio M (Veterans Way LLC); 275 Veterans Way; Ben Bemis with CEC, Inc. f. Request for Lane Restrictions / Open Pavement Cuts; AT&T Fiber Optic Build; Avian Glenn, Delaware Trace, Cool Creek North, and Maples Acres Neighborhoods; AT&T g. Request for Lane Restrictions; 141st and Towne Road NW Corner; Caroline Carter, Duke Energy h. Request for Lane Restrictions; Asherwood Subdivision Relocates; 10110 Ditch Road; AES i. Request for New Curb Cut and Vacation; 108th Street and Cornell Street; Arbor Homes j. Request for New Curb Cut; 111 Bennett Road; Property Owner k. Request for Secondary Plat; Plaza 98; Jess Pohlman, William Tres Development l. Request for Street Closure and Open Pavement Cut; 12 Woodland Circle; Vectren Energy 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, March 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 10:02 AM 8 9 MEMBERS PRESENT 10 11 Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Holly Harmeyer 12 were present. 13 14 MINUTES 15 16 Minutes from the March 2nd, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 17 Watson seconded. Request approved 2-0. Mayor Brainard abstained. 18 19 BID/QUOTE OPENINGS AND AWARDS 20 21 Bid Opening for Project 18-ENG-05 Richland & Main and Lexington & Main Intersection Improvements; Lori 22 Watson opened the bids and Mayor Brainard read them aloud: 23 24 Contractor Bid 25 White Construction $3,493,000.00 26 Rieth-Riley $3,703,824.77 27 Morphey Construction $4,398,000.00 28 29 PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 30 31 Resolution BPW 03-16-22-02; Napleton Kia; Right of Way; EFN North Indy Properties; Board Member Burke 32 moved to approve. Board Member Watson seconded. Request approved 3-0. 33 34 CONTRACTS 35 36 Request for Purchase of Goods and Services; Angel Oak Tree Care - Angel’s Touch Lawn Care Inc.; 37 ($75,000.00); Tree Removal and Other Landscape Services; Additional Services Amendment; Board Member 38 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 39 40 Request for Purchase of Goods and Services; Grand Industrial, LLC; ($238,930.40); Path Preservation; Board 41 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 42 43 Request for Purchase of Goods and Services; Hanson Professional Services, Inc.; ($4,850.00); 20-ENG-02 – 44 106th & College RAB – Negotiations (Parcel 1 & 6); 2020 Road Bond; Additional Services Amendment; Board 45 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 46 47 Resolution BPW 03-16-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 48 Acknowledging Agreement Between City and Vendor; Rieth-Riley Construction Co., Inc.; ($3,465,950.00); 20-49 ENG-03 - 3rd Avenue SW Reconstruction from Autumn Drive to 2nd Street SW – Des. 2101354; 2020 Road Bond; 50 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 51 52 Resolution BPW 03-16-22-04; A Resolution of the City of Carmel Board of Public Works and Safety 53 Acknowledging Agreement Between City and Vendor; Fifth Third Bank; Master Lease Agreement; Board Member 54 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 55 56 Request for Purchase of Goods and Services; Shamrock Mechanical, Inc.; ($6,180.00); Carmel Data Center – 57 Plumbing; 2021 Data Center Bond; Additional Services Amendment; Board Member Burke moved to approve. 58 Board Member Watson seconded. Request approved 3-0. 59 60 Request for Purchase of Goods and Services; SJCA, Inc.; ($56,200.00); 20-ENG-12 Multi-Use Paths Along South 61 Side of Main Street – 2020 Road Bond; Additional Services Amendment; Board Member Burke moved to approve. 62 Board Member Watson seconded. Request approved 3-0. 63 64 Request for Purchase of Goods and Services; TMT, Inc.; ($100,000.00); Trees; Additional Services Amendment; 65 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 66 67 Request for Purchase of Goods and Services; Volkert, Inc.; ($2,075.00); 20-ENG-01 Parcel 2 – Smoky Row – 68 Buyer’s Agent – 2020 Road Bond; Additional Services Amendment; Board Member Burke moved to approve. 69 Board Member Watson seconded. Request approved 3-0. 70 71 Request for Purchase of Goods and Services; Volkert, Inc.; ($8,075.00); 20-ENG-02 Right of Way Services – 72 Parcel 1 & 6 and 2 & 11 – 106th & College RAB –2020 Road Bond; Additional Services Amendment; Board 73 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 74 75 REQUEST TO USE CITY STREETS/PROPERTY 76 77 Request to Use Midtown Plaza; Community Bicycle Events “Slow Roll Dinner Cruise”; June 14th, 2022; 5:00 78 PM – 7:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 79 3-0. 80 81 Request to Use Midtown Plaza; Community Bicycle Events “Slow Roll Dinner Cruise”; July 12th, 2022; 5:00 82 PM – 7:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 83 3-0. 84 85 Request to Use Midtown Plaza; Community Bicycle Events “Slow Roll Dinner Cruise”; August 9th, 2022; 5:00 86 PM – 7:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 87 3-0. 88 89 Request to Use Carmel Elementary School Parking Lot; Community Bicycle Events “Family Fun Ride”; May 90 14th, 2022; 7:00 AM – 1:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 91 Request approved 3-0. 92 93 Request to Use Carmel Elementary School Parking Lot; Community Bicycle Events “Family Fun Ride”; June 94 11th, 2022; 7:00 AM – 1:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 95 Request approved 3-0. 96 97 Request to Use Carmel Elementary School Parking Lot; Community Bicycle Events “Family Fun Ride”; July 98 9th, 2022; 7:00 AM – 12:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 99 Request approved 3-0. 100 101 Request to Use Carmel Elementary School Parking Lot; Community Bicycle Events “Family Fun Ride”; August 102 13th, 2022; 7:00 AM – 12:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 103 Request approved 3-0. 104 105 Request to Use Midtown Plaza / Street Closure on Elm Street between Veterans Way and Monon Boulevard; 106 Community Bicycle Events “Roundabout Ride”; September 17th, 2022; 6:00 AM – 2:00 PM; Board Member 107 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 108 109 Request to Use Civic Square Gazebo; Bike Maintenance Workshop; May 7th, 2022; 12:00 PM – 4:00 PM; 110 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 111 112 Request to Use Civic Square Gazebo / Civic Square Fountain and for Traffic Control; The Donut Judge Me 5K 113 Run / Walk; August 27th, 2022; 6:00 AM – 11:00 AM; Board Member Burke moved to approve. Board Member 114 Watson seconded. Request approved 3-0. 115 116 Request to Use / Close City Streets; 2022 Freedom Run / Walk; July 2nd, 2022; 7:00 AM – 10:00 AM; Board 117 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 118 119 Request to Use Civic Square Gazebo / Japanese Garden; Wedding Ceremony - Funkhouser; October 14th, 120 2022; 9:00 AM – 9:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 121 approved 3-0. 122 123 Request to Use Palladium Paver Patio; Wedding Rehearsal and Ceremony - Kiernan; July 28th, 2022 5:30 PM 124 – 6:30 PM; July 29th, 2022 - 1:30 PM – 6:00 PM; Board Member Burke moved to approve. Board Member 125 Watson seconded. Request approved 3-0. 126 127 Request to Use Carter Green / Street Closures; Carmel Pride Festival; June 5th, 2022; 10:00 AM – 11:00 PM; 128 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 129 130 Request to Use Civic Square Gazebo / Japanese Garden; Wedding Ceremony – Seuring; May 28th, 2022; 12:00 131 PM – 6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 132 3-0. 133 134 Request to Use / Close Main Street from 2nd Avenue NW to Veterans Way; Shamrock the District Event; March 135 17th, 2022 at 10:00 AM – March 18th, 2022 at 11:00 PM; 11:00 PM; Board Member Burke moved to approve. 136 Board Member Watson seconded. Request approved 3-0. 137 138 Request to Use Midtown Plaza; Jeff Worrell Town Hall Meeting; March 19th, 2022; 12:30 PM – 2:30 PM; 139 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 140 141 OTHER 142 143 Request for Vacation of Public Right of Way; 2nd Street SE; Board Member Burke moved to approve. Board 144 Member Watson seconded. Request approved 3-0. 145 146 Request for Acknowledgement of Conflict of Interest; Board Member Burke moved to approve. Board Member 147 Watson seconded. Acknowledgement approved 3-0. 148 149 Request for Dedication and Deed of Public Right–of-Way; Carmel Cemetery Association – 1000 North Range 150 Line; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 151 152 Resolution BPW 03-16-22-03; A Resolution of the City of Carmel Board of Public Works Designating and 153 Approving the Placement of No Parking or Stopping Signs on Certain City Streets Within the Proximity of 154 School Property; In Addition to Previous List; Board Member Burke moved to approve. Board Member Watson 155 seconded. Request approved 3-0. 156 157 Request for Dedication and Deed of Public Right–of-Way; Carmel Clay Public Library; Board Member Burke 158 moved to approve. Board Member Watson seconded. Request approved 3-0. 159 160 Request for Dedication and Deed of Public Right–of-Way; Carmel Midtown Community Development 161 Corporation – 16-ENG-21; Board Member Burke moved to approve. Board Member Watson seconded. Request 162 approved 3-0. 163 164 Request for New Curb Cut / Curb Cut Vacation; 401 Emerson Road; Board Member Burke moved to approve. 165 Board Member Watson seconded. Request approved 3-0. 166 167 Request for Parking Space / Sidewalk Closure; 571 Monon Boulevard; Board Member Burke moved to 168 approve. Board Member Watson seconded. Request approved 3-0. 169 170 Request for Lane Restrictions / Road Closure / Open Pavement Cut; 815 Pawnee Road; Board Member Burke 171 moved to approve. Board Member Watson seconded. Request approved 3-0. 172 173 Request for Waiver of Floodplain Management Code 6-198; Faith Apostolic Church - 1212 E 116th Street; 174 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 175 176 Request for Secondary Plat; The Grove at the Legacy, Section 5; Board Member Burke moved to approve. 177 Board Member Watson seconded. Request approved 3-0. 178 179 ADJOURNMENT 180 181 Mayor Brainard adjourned the meeting at 10:07 AM. 182 183 184 APPROVED: ____________________________________ 185 Sue Wolfgang – City Clerk 186 187 _____________________________________ 188 Mayor James Brainard 189 ATTEST: 190 191 __________________________________ 192 Sue Wolfgang – City Clerk 193 CzTfshfzHsfdivlijobu:;31bn-Nbs41-3133 Kbnft!C!Mpohftu Qsftjefou 46.3142598 1403:03133 CzTfshfzHsfdivlijobu21;6:bn-Nbs35-3133 CzTfshfzHsfdivlijobu4;65qn-Nbs22-3133 Biancofiori Masonry, Inc. Request for Change701ErieSt. Lafayette, IN 47904 RFC Number: 1 Date: 02/14/2022 Regarding: RFC #1 - FWOs To:Job Site: Dillon Construction GroupCarmel IT & Data Center 6828 Hillsdale Court4733rdAvenue SW Indianapolis, IN 46250Carmel, IN 46032 Requested By:Phone:E-mail: Blaine Shepperd(765)463-0559blain@biancofiori.con Recipients:Phone:E-mail: Jennifer Schlengerjschlenger@dilloncg.com Scope of Work Please seeattached RFC #1forreview/approval. Requested Change:Change to Contract FWO #21072-012722$2,425.00 FWO #21072-010322$300.00 OH/P (10%)$272.50 RFC Total $2,997.50 Please respond by: 02/21/2022 Blaine ShepperdJennifer Schlenger Biancofiori Masonry, Inc.Dillon Construction Group 21072-012722 225.00 2000.00 200.00 Total = $2,425.00 21072-010322 300.00 Total = $300.00 FWO # FIELD WORK ORDER Specializing InAllYourMasonryNeeds DATE: 3026033701ErieSt. Lafayette, IN 47904 P: (765) 463-0559 Dbsnfm!JU PROJECT NAME/NUMBER: Ejmmpo! Dpotusvdujpo CONTRACTOR: ARCHITECT: REFERENCE DRAWINGS: SCOPE OF WORK: xjoufs!qspufdujpo-!vodpwfs!tdbggpme!boe!sf! dpwfs!tdbggpme/ FURNISHED/INSTALLED MATERIALSQTY U/M sf!vtfe!psjhjobm! nbufsjbmtO0D MAN HOURSHours QTY Cƒ27! ipvst!upubm23! ipvst! upubm h5 EQUIPMENTHours QTYBMI/Rent This field work order is to verify materials, labor and equipment furnished. A request for change including detailed costs of this FWO will be provided by BMIProjectManager. bƒBiancofiori Masonry, Inc. Dbsm! Xbsofst bƒt CzTfshfzHsfdivlijobu2;1:qn-Nbs22-3133 CzTfshfzHsfdivlijobu5;14qn-Nbs3:-3133 Zack Langbeen Commerical Sales Associate 81-4380734 3/29/2021 Zack Langbeen CertaPro Painters of Indianapolis Commerical Sales Associate 22March29 Zack Langbeen CzKpoPcfsmboefsbu:;53bn-Nbs42-3133 CzKpoPcfsmboefsbu:;52bn-Nbs42-3133 CzTfshfzHsfdivlijobu3;28qn-Nbs33-3133 ATTACHMENT "A" March 17, 2022 Mr. Jeremy Kashman, City Engineer City of Carmel One Civic Square Carmel, IN 46032 Re: 41"/Main Roundabout including Lexington/Main RAB and Main Street Median 2017 LOIT Bond Projects Fee Proposal for Construction Inspection Dear Jeremy: As you requested, we have prepared a fee proposal to provide full-time construction inspection services relative to the above referenced project. This project is scheduled to start construction in the spring/summer of 2022 and to be completed in the fall of 2022. The work in the spring of 2022 will also include any utility relocations. Below is a listing of individuals we expect to be using on this project: Trent E. Newport Director Lance Stahley Resident Project Representative Dakota Clark Project Inspector To Be Named Assistant Project Inspectors To Be Named CADD Technicians (As Builts) Duringthe 2022 construction duration (estimated 20weeks), we have budgeted 4 hours per week forthe Director, 24 hours per week for the Resident Project Representative, 50 hours per week for the Project Inspector, and 45 hours per week for the Assistant Project Inspector. These budgeted hours, with the corresponding billing rates, yield the estimated costs as shown on the attached spreadsheet. If you should have any questions or need any further information, please do not hesitate to call me at 317-780-1555, ext. 114 or email tnewport@crossroadengineers.com. Sincerely, CrossRoad Engineers, PC Trent E. Newport, P. E. President 115 N. 17'h AVE, BEECH GROVE, IN 46107 // 317.780.1555 // CROSSROAD ENGINEERS.COM PAGE 1 of 1 4th & Main and Lexington & Main RABs and Main Street Median 2017 WIT Bond Projects Estimated Costs for Construction Inspection Includes "As -Built' information The proposed fee for these estimated hours is as follows: DIRECT LABOR COSTS -- Personnel Class Billing Rate Total Hours Direct Labor Costs Director (2022) 165.00 84 13,860.00 Resident Proj. Rep. (2022) 130.00 540 70,200.00 Project Inspector (2022) 110.00 1080 118,800.00 Asst. Proj. Inspector (2022) 90.00 900 81,000.00 CADD Technician (2022) 95.00 8 760.00 TOTAL DIRECT LABOR COSTS 284,620.00 DIRECT NON - LABOR COSTS -- MILEAGE Budgeted mileage rate is Director Resident Proj. Rep. Project Inspector Asst. Proj.Inspector 0.56 /mile 50 miles/wk x 20 weeks 200 miles/wk x 20 weeks 200 miles/wk x 20 weeks 200 miles/wk x 20 weeks DESIGN INTENT ASSURANCE Estimated Budget for On -Site Material Testing Services TOTAL NON- LABOR COSTS TOTAL ESTIMATED COSTS USE Direct Non -Labor Costs 560.00 2,240.00 2,240.00 2,240.00 10 000.00 17 280.00 301,900.00 f' (( ///'' } I, o]r}j'}a' City INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER Jl o\/ Jl / Qk, Jl Jl JL Jlo FEDERAL EXCISE TAX EXEMPT 106385 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACI4NG SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/21/2022 068025 ASA 23. 18-ENG-05 - 4th/Main RAB - Inspection Services CROSSROAD ENGINEERS, PC City Engineering's Office VENDOR 115 N 17TH AVE SHIP 1 Civic Square TO Carmel, IN 46032- BEECH GROVE, IN 46107 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT 64395 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department 2200 Fund. 0 2017 LOIT Bond Fund Account: 44-628.71 1 Each 18-ENG-05 - 4thlMain RAB (Lexington/Main RAB & Main St $302,000.00 Median) - Inspection Services Sub Total l j ! y. J S ', i? A r3 h i'•iSendInvoiceTo: 1 _ +._.!_ I4___.__ Jill Newport CrossRoad Engineers, PC 115 N. 171h Avenue Beech Grove, IN 46107 PLEASE INVOICE IN DUPLICATE 302,000.00 302,000.00 DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT I AMOUNT PAYMENT $302,000.00 A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A SNIPPING INSTRUCTIONS PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN To D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman TITLE Director James Crider Director of Administration CONTROL NO. 106385 CONTROLLER CzTfshfzHsfdivlijobu:;67bn-Nbs33-3133 CzTfshfzHsfdivlijobu21;43bn-Nbs32-3133 Exhibit A Tpqijb!Trvbsf!Upqjbsjft! Mboetdbqf!Qspqptbm! 402103133! 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CzTfshfzHsfdivlijobu:;2:bn-Nbs41-3133 Kelley Automotive Group, LLC Administrntion Department • 2022 Appropriation #1205HH 44•670.99; P.O. #l0636I Contract Not To Exceed $550.00 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS A.ND SERVICES THIS AMENDMENT TO THE AGREEMENT FORGOODS AND SERVICES (" Agreement") entered into by and between the City of Carmel and Kelley Automotive Group, LLC., (the "Vendor''), as City Contract dated February 18, 2021 shall amend lhe terms of the Agreement by addling the additional goods and services to be provided by Vendor consistent with the Quote/Purchase Agreement attachedhereto and incorporated herein as Exhibit "A". Said Quote reflects a trade-in value of the 2017 Ford F-250 Super Dut y vehicle for 2022 Traverse AWD LT vehicle .. The goods and services are pmchase pursuant toIndiana Sheriff Association's Vehicle Procurement Program-Bid 21 ·02-1022. The terms and conditions of the Agreement shall not otherwise b,e affected by th1is Additional Services Amendment and shall remain in fullforceandeffect. IN WITNESS WHEREOF, the partiesheretohavemade and executed this Amendment asfo lllows: CITY OF CARMEL, l! NDIANA by and throughits Board of Publiic Worksand Safety By: James Brainard, Presiding Officer Date: _________ _ MaryAnnBurke, Member Date: _________ _ Lori S. Watson,. Member Date: _________ _ ATTEST: Sue Wolfgang, Clerk Date: _________ _ Kelley Automotive Group., LLC. linkT Wr JU Printed Name l,f!t / m,a, c, J!J Sa Title / 7 . ., ....... . V BUS·l·N SS Quote/Purchase Agreement Date: l 4-Mar-22 To: CHEVROLET Mr. Clayton Bell City ofCarmel -- 3 Civic Square Carmel, IN 46032 Phone: E-mail: Facilities / Administration Salesperson Pool 317-571-2448 cbell@carmel.in.gov Job Type Mark T. Wright Stock Order Municipal Qty Item# Description 1.00 ZZHBF6 2022 Traverse AWD LT w/2FL in Silver Ice Metallic with Floor Liner package 1.00 2 Dealer Installed Remote Start 1.00 3 Tint frontdriver's and passenger window 1.00 T/I Trade in of2017 Ford F-250 Super-Duty with approximately 35,000 miles +/-. VIN#: 1FT7X2B68HEC81017 Dealer Fees 1.00 Tire Tax Indiana Tire Tax = $0.25 per tire 1.00 Documents Dealer Documentation Fee Quotation prepared by: r/4 l!l:'ilt To accept this as a Purchase Agreement, please sign here and return: EL IT E Quotation#:MUN-22-129R FROM: Mark T. Wright 5220 Value Drive Fort Wayne, Indiana 46808 Phone: 260-437-9218 E-mail: mwright@kelleyauto.com In-Stock Bid Number Approx. DeliveryDateINO -ZZHBF6 I 21-02-1022 !Late Mar- Early Apr MSRP Discount Line Total 39,811.25 $8,661.25 $31,150.00 525.00 $75.00 $450.00 125.00 $25.00 $100.00 31,150.00) Included Included Waived Waived Total Discount $8,761.25 Subtotal 550.00 Sales Tax EXEMPT Total 550.00 Thank you for the opportunity to earn your business Kelley Chevy, LLC Exhibit A INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 1 ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 3/14/2022 KELLEY CHEVY LLC VENDOR 5220 VALUE DR FORT WAYNE, IN 46808 - 64177 Department: 1205 Account: 44-670.99 1 Each Send Invoice To: Dept of Administration 1 Civic Square Carmel, IN 46032- Fund: 101 General Fund Vehicle 2022 Traverse 370298 SHIP General Administration 1 Civic Square Carmel, IN 46032- 550.00 Sub Total PLEASE INVOICE IN DUPLICATE PAYMENT 550.00 550.00 550.00 SHIPPING INSTRUCTIONS CONTROL NO. 1 1 ORDERED BY James Crider TITLE Director of Administration CONTROLLER CzTfshfzHsfdivlijobu4;28qn-Nbs34-3133 Quotationpreparedby: _______________________________________________andreturn: ToacceptthisasaPurchaseAgreement, please sign here MarkT. Wright Quote/Purchase Agreement Date: 11-Mar-22 MUN-21-22-214Quotation #: FROM: Exhibit A To:Mr. Brian SmithMark T. Wright 5220 Value DriveCityofCarmel - Police Department Fort Wayne, Indiana 468083CivicSquare Carmel, IN 46032Phone: 260-437-9218 Phone: 317-571-2594 E-mail: E-mail: mwright@kelleyauto.comE-mail mwright@kelleyauto.comBmSmith@carmel.in.gov PoolJob TypeIn-StockBID NumberSalesperson Approx. Delivery Date Mark T. Wright Municipal21-02-1022STOCK/OrderMar. - Apr. 2022Yes-3W5248 / Ordered MSRPQtyItem #DescriptionDiscountLine Total 2021 "CUSTOM" Silverado 1500 Crew 4X41.003W5248$44,750.00$ 11,450.00 $ 33,300.00 in Silver Ice w/2.7L Turbo-Charged 4-cyl. engine, Safety Confidence Pkg. and Rally Edition Package Tinting front Driver & Passenger Window1.001a$120.00$ 20.00 $ 100.00 Adding and programming Four ( 4 ) addition- 1.001b$800.00$ 100.00 $ 700.00 al Keys & Remotes ( for a total of Six \[ 6 \] ) 2022 Traverse AWD 2FL in Summit White1.00ZZHBF9$39,811.25$ 8,661.25 $ 31,150.00 with Floor Liner Package Tinting front Driver & Passenger Window1.002a$120.00$ 20.00 $ 100.00 Adding and programming Four ( 4 ) addition- 1.002b$700.00$ 100.00 $ 600.00 al RKE's ( for a total of Six \[ 6 \] ) 2022 Traverse AWD 2FL in Mosaic Black1.00ZZHBGF$39,811.25$ 8,661.25 $ 31,150.00 with Floor Liner Package Tinting front Driver & Passenger Window1.003a$120.00$ 20.00 $ 100.00 Adding and programming Four ( 4 ) addition- 1.003b$700.00$ 100.00 $ 600.00 al RKE's ( for a total of Six \[ 6 \] ) Dealer Fees Indiana Tire Tax = $0.25 per tire1.00Tire TaxIncludedIncluded Dealer Documentation Fee1.00DocumentsWaivedWaived 29,132.50TotalDiscount Subtotal 97,800.00 Sales Tax EXEMPT Total 97,800.00 Thankyoufortheopportunity toearnyourbusiness ! ! ! ! Kelley Chevy, LLC INDIANA RETAIL TAX EXEMPT Page 1 of 1 City of kCarmel i CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105953 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. 12/10/2021 KELLEY AUTOMOTIVE GROUP LLC VENDOR 1341 S 13TH STREET DECATUR, IN 46733 - PURCHASEID BLANKE_T CONTRACT 61853 QUANTITY UNIT OF MEASURE Department: 1110 Fund: 101 Account: 44-650.01 General Fund 1 Each vehicles Send Invoice To: Carmel Police Department Accounts Payable 3 Civic Square Carmel, IN 46032- VENDOR NO. DESCRIPTION 375410 Carmel Police Department SHIP 3 Civic Square TO Carmel, IN 46032- Don Kirch PAYMENT TERMS DESCRIPTION PLEASE INVOICE IN DUPLICATE FREIGHT UNIT PRICE EXTENSION 257,932.41 $257,932.41 Sub Total $257,932.41 DEPARTMENT _ ACCOUNT PROJECT _ _ j PROJECTACCOUNT AMOUNT PAYMENT $257,932.41 SHIPPING INSTRUCTIONS A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A SHIP PREPAID. PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED, I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED, THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ANDACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY Jim Barlow James Crider TITLE Chief Director of Administration CONTROL NO. 105953 CONTROLLER CzTfshfzHsfdivlijobu3;53qn-Nbs41-3133 Page 1 DATE PROPOSAL3/16/2022 Exhibit APart1of3 SERVICE LOCATIONBILLING ADDRESSCUSTOMER CONTACT INFORMATIONBRANCH ADDRESSCrystalEdmondsonMAINSCAPE, INC. Carter Green 13418 Britton Park Road317)714-7481 Fishers, IN 46038Alt: cedmondson@carmel.in.govPROPERTYNAMEWORKORDER #PROPOSED BYBRANCH CONTACTPhone: (317) 577-3155BenRoblesFax: (317) 577-3161SERVICECODEANDDESCRIPTION1524 - SOD INSTALLATIONDISCRIPTIONresodbareareasoncarter green. SPECIFICS, DESCRIPTION, & INSTRUCTIONS SIZEQTY.UOMUNIT PRICETOTALstripandresodareasshownonmap, includes 1inch of top soil over entire areas.16,700SF$ 1.50 $ 25,050.00 TOTAL*: Notes: 25,050.00TAXISNOTINCLUDED Conditions: The aboveprice isgood for30daysfrom date ofproposal. Any additional tripstothesitecaused bythecustomer forreasonsuncontrolled byMainscape, Inc. willresult ina $65.00tripcharge’ perevent. Nowarranty ontransplanted material. Allmaterial isguaranteed tobeasspecified. Transplanted plant material isnotcovered under warranty. Allwork istobecompleted inaworkmanlikemanneraccordingtostandardpractices. Mainscape willberesponsible forcoordinating themarkingofpublic utilities. Anyprivate underground utilitiesnotcovered byIndiana811willbetheresponsibilityoftheownertolocatepriortothecommencementofwork. Thiswould include underground irrigation anddrainage, parking lotlights, private gas, water, orelectriclines, etc. Mainscape assumes noresponsibility fordamage toanyprivateutilities notlocatedbyowner. Asanoption, Mainscape canprovidethisservice totheowneronatime andmaterialbasis. Allagreementsarecontingentuponstrikes, accidents, orother delaysbeyond ourcontrol. Thepurchaser istocarry fire, tornado, andother necessary insurance. Mainscape, Inc. isinsured forworkman'scompensation, general liability, andautomobile liability. Certificates ofinsurance areavailable upon request. Terms: Netdueuponreceipt, subject toa2% permonth latechargeonpast dueaccounts with costs incurred incollection ofthiscontract, including reasonable attorney'sfees, tobepaidbythepurchaser. Acceptance of Proposal: The aboveprices, specifications, method ofpayment, conditions andtermsofpayment aresatisfactory andhereby accepted. Mainscape, Inc. isauthorized todotheworkasspecified. Mainscape orPurchaser may cancelthiscontract atanytime upon givinga30-daynoticeorupon customer default ofpayment terms. Purchaser’sSignature Proposed By Name Title Date Name Title Date ExhibitA Part2of3 Carmel StreetDepartment Specifications 2022CarterGreenSodInstallation The City of Carmel isrequesting pricing for purchase of and installation of RTF Tall Fescue sod at the Carter Green, just South of the Palladium (1Center Green, Carmel, IN 46074). Quote must include pricing for site work preparations to be done, including removal of old grass and levelling out site before installation of new sod. See attached map for specified locations. The approximate square footage is below: rdFarWestsideofproperty (between 3 Ave SW and sidewalk): 2areas totaling 600 sqft W side of center sidewalk (where ice rink currently is): 8,600 sqft E side of center sidewalk (near amphitheater): 7,500 sq ft Total Square Footage of Area for Sod Installation: 16,700 sq ft thSodcanbegintobelaidonceicerinkandwintermarkethasbeenremoved (approx.. March 28), and ndmustbecompletelyinstalledbyApril22. Contractor is to remove old grass, prepare site, purchase sod and perform installation. Please return quote via email to cedmondson@carmel.in.gov by 4:30 pm 3/18/2022. If you have any questions, please email Crystal Edmondson at cedmondson@carmel.in.gov or call at317-733-2001. 3/22/2022 MAINSCAPE LANDSCAPING FISHERS,, IN 46038 - 106393 13418 BRITTON PARK ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00351837 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 64425 1206Department:101Fund:General Fund 43-504.00Account: SodInstallation1 $25,050.00 $25,050.00Each 25,050.00SubTotal 25,050.00 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. 106393 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner RESOLUTION NO. BPW 04-06-22-02 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 HBAInteriorDesign Proposal.docx3/15/20221:56PM 6th April CzTfshfzHsfdivlijobu3;65qn-Nbs26-3133 CzTfshfzHsfdivlijobu:;68bn-Nbs33-3133 jj jjjOOO y metCity®f Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER o\\/J/ ({., Jl Jl fl Jl FEDERAL EXCISE TAX EXEMPT 106384 THIS NUMBER MUST APPEAR ON INVOICES,/VPONECIVICSQUARE35-6000972 CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/21/2022 376319 Buying Services for2020 Road Bond SPECIALIZED LAND SERVICES INC City Engineering's Office VENDOR 630 N RANGELINE RD SHIP 1 Civic Square TO SUITE C Carmel, IN 46032- CARMEL, IN 46032 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT 64394 DESCRIPTION I UNIT PRICE EXTENSIONQUANTITYUNITOFMEASURE Department: 2200 Fund., 0 2020 Road Bond Account: 44-628.71 1 Each 20-ENG-01 - Parcel 3 - Buying Services 2,075.00 2,075.00 1 Each 20-ENG-02- Parcel 1- Temporary Easement 1,750.00 1,750.00 1 Each 20-ENG-02 - Parcel 6 - Buying Services 2,075.00 2,075.00 Sub Total 5,900.00 i11 I I Send Invoice To: Jill Newport CrossRoadEngineers, PC 115 N. 171h Avenue r` Beech Grove, IN 46107 r5 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT I AMOUNT PAYMENT $ 5,900.00 SHIPPING INSTRUCTIONS A/ P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICEAND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UN08LIGATED BALANCE IN C. O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE i ' 7 THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194( AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL NO. 106384 CONTROLLER CzTfshfzHsfdivlijobu:;32bn-Nbs35-3133 402603133 Appendices APPENDIX A TERMS AND CONDITIONS CHARGES & BILLING The MirazonGroup bills atthe time that theproduct is purchased. Sales tax will bebilled unless the appropriate tax-exempt certificate isreceived prior tothe purchase. Services: ion of this proposal. Atravel charge will beassessed for any local on site visit lasting less than 3hours. Around triptravel charge at ½ the hourly rate will beassessed for work outside oftheLouisville Metro area. Services are billed in thquarterhourincrementsandinvoicedonthe15and last day ofeach month. After Hours Support Services: The Mirazon Group provides after hours support services at2x the normal hourly rate with aminimum charge of2hours. To use thisservice call theoffice (502-240-0404) and follow theappropriate telephone prompts. After Hours Support Services begin at6PM Eastern and endat8AM Eastern. PAYMENT TERMS Ifpayment is not received within 14 days of thedate ofthe invoice alate fee may be assessed of1½ % per month (not toexceed the maximum amount allowed bylaw). If the invoice total exceeds $10,000 orclient does not have an established credit history with TheMirazon Group, fullpayment must bereceived before theproduct order willbeplaced. Clients that have agoodcredit history with The Mirazon Group will not need tomake full payment before product order is placed unless the total exceeds $20,000. Services: All amounts aredue within 30 days ofthe date ofthe invoice. Ifpayment isnot received within 30 days ofthe date of the invoice, alate fee may be assessed of1½% per month (not toexceed the maximum amount allowed bylaw). Payment Options: Payment may bemade bycheck (made payable toThe Mirazon Group), orbyMasterCard, Visa orAmerican Express (3% credit card processing fee will beadded totheinvoice amount). Client assumes all costs associated with the collection of any past due amounts, including, but not limited to, on behalf ofClient until all amounts associated with the purchase and installation ofsuch product, including costs ofcollection, are fully paid byClient. Leasing Agreements: Inthe eventof aleasing situation, all payment terms are superseded bythe terms of the leasing agreement. CONFIDENTIALITY The party inreceipt ofthis proposal understands and agrees that this proposal may contain confidential information including, but notlimited to, trade secrets, cost and pricing data, technical solutions) that isnot tobedisclosed to any thirdparty unless required by law. CzTfshfzHsfdivlijobu9;67bn-Nbs26-3133 CarmelCity CarmelCity INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120166 002 0 Page 1 of 1 PURCHASE ORDER NUMBERf 00\\//// JL JL fl JL FEDERAL EXCISE TAX EXEMPT 106364 ONE CIVIC SQUARE 35.6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACIONG SUPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/14/2022 00351453 20-ENG-03 - 3rd Avenue - Appraisal Parcel ID #. #16-09.25.04.05- 011.000 TRAYNOR & ASSOCIATES, INC City Engineering's Office VENDOR 6750 E 75TH ST SHIP 1 Civic Square TO Carmel, IN 46032- INDIANAPOLIS, IN 46250 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT 64201 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund. 0 Account: 44-628.71 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 1711 Avenue Beech Grove, IN 46107 - - ,'t , a 1 PLEASE INVOICE IN DUPLICATE 2020 Road Bond 20-ENG-03 - 3rd Avenue - Appraisal Parcel ID #. #16-09-25-04- 05-011.000 Nj 0 ,- Ff 1 I y 1 3,000.00 Sub Total 3,000.00 3,000.00 DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT I AMOUNT PAYMENT $3,000.00 A'P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A SHIPPING INSTRUCTIONS PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE Jeremy Kashman Director CONTROL NO. 106364 CONTROLLER CzTfshfzHsfdivlijobu2;24qn-Nbs25-3133 CzTfshfzHsfdivlijobu5;13qn-Nbs36-3133 CzTfshfzHsfdivlijobu21;56bn-Nbs26-3133 City of Carmel ONE CIVIC SQUARE CARMEL. INDIANA 46032-2584 INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 ············ ·····-······· e'URCHASE Of{Drn DATE DATE REQUlf�ED REQUISITION NO. VENDOR NO. 3/1/2022 00351256 DESCRIPTION Project 16-SW-104 - ASA 7b - Smoky Row and Monon Trail Over Little Cool Creek - Supplement No, 3 UNITED CONSUL TING VENDOR 8440 ALLISON POINTE BLVD SUITE 200 INDIANAPOLIS, IN 46250 - City Engineering's Office SHIP 1 Civic Square TO Carmel, IN 46032- Laurie Slick PAYMENT TERMS FREIGHT Department: 2200 UNIT OF MEASURE Fund: O DESCRIPTION 2020 Road Bond Account: 44-628.71 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 17th Avenue Beech Grove, IN 46107 DEPARTMENT Project 16-SW-104-ASA 7b -Smoky Row and Monon Trail Over Little Cool Creek -Supplement No. 3 PLEASE INVOICE IN DUPLICATE ACCOUNT l PROJECT PAYMENT - -UNIT PRICE $58,039.94 Sub Total EXTENSION $58,039.94 $58,039.,94 $58,039.94 SHIPPING INSTRUCTIONS PREPAID "NP VOUCHER CANNOT BE APPR OVED FOR P,WMENT UNLESS THE P 0. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED I HEflEBY CERTIFY THAT THERE AN UNOBLIGATEO BALA�ICE IN D SHIPMENT CANNOT BE ACCEPTED "PURCHASE ORDER NIJ�IBER MUST APPEAR ON AL.L SHIPPING lABE 'T�IS ORDER ISSUED IN COMPUMICE WITH CHAPT!:R 99, ACTS 194 AND ACTS mENDA TORY THEREOF ANO SUPPLEME NT THERETO ORDERED BY CONTROL NO. 1 TITLE CONTROLLER THIS APPROPRIATIO�I SUFFICIENTTO FOR THE ABOVE Jeremy Kashman Director James Crider Director of Administration CzTfshfzHsfdivlijobu4;56qn-Nbs32-3133 F. is a group of records maintained by or for a Covered Entity that may include patient medical and billing records; the enrollment, payment, claims, adjudication, and cases, or medical management record systems maintained byor for a health plan; orinformation used in whole or in part to make care-related decisions. G. means any entity that enters into an Acceptable Written Arrangement to perform services in connection with the services Business Associate performs for Covered Entity under the Contract and this BAA. H. shall have the same meaning as the I. as used in45 CFR 160.103, and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). J. as defined bythe CMS encompasses work that the Business Associate performs on behalf of the Covered Entity when the Business Associate receives, processes, transfers, handles, stores, or accesses member PHI while administrating the vision benefit i.e. claims processing, claims data entry services, scanning paper claims to create electronic records, receipt of member calls, and any situation where a downstream subcontractor of the Business Associate may have access to beneficiary PHI). K. refers tothe performance of services by Business Associate or a Downstream Subcontractor outside ofone of the fifty U.S. states, the District of Columbia, or one of the United States Territories (American Samoa, Guam, Northern Marianas, Puerto Rico, and the Virgin Islands). L. shall mean the Standards for Privacy of Individually Identifiable Health Information in 45CFR part 160 and part 164, subparts A and E. M. shall have the same meaning as the term health created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity and that is held by Business Associate or a Downstream Subcontractor as contemplated by 45 C.F.R. 164.308(a)(1)(ii)(A). N. shall have the same meaning as the tCFR 164.103. O. shall mean the Secretary ofthe Department of Health and Human Services or designee. P. shall mean the Security Standards for Protection ofElectronic Protected Health Information in 45 CFR part 160 and part 164, subparts A and C. Terms used but not otherwise defined in this BAA shall have the same meaning as the meaning tBusinessAssociateAgreement ascribed to those terms in HIPAA, as codified at 42 U.S.C. § 1320d, HITECH, as set forth in Sections 13400 through 13424, inclusive, of Public Law 111-5, and any current and future regulations promulgated under either. HIPAA, HITECH Act and any current and future regulations Regulations. 2. Obligations and Activities of Business Associate. Business Associate may use and disclose PHI only as necessary and appropriate to fulfill its specific obligations to Covered Entity, subject to the further limitations set out below. Business Associate agrees: A. Not to use or disclose PHI other than as permitted or required by this BAA, the Contract, or as Required by Law. B. To limit uses and disclosures ofPHI to the minimum necessary for that use or disclosure. C. To use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this BAA or the Contract. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information () that it creates, receives, maintains, ortransmits on behalf of Covered Entity. D. To mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI in violation of the requirements of this BAA. E. Offshore Subcontracting by Business Associate is not allowed and strictly prohibited. F. To report to Covered Entity, as soon as practicable, but no later than 24 hours after discovery, any use, disclosure of the PHI or ePHI not provided for in this BAA or the Contract, or any successful security breach of which Business Associate becomes aware. Such report shall include all available information required, including: i. the identity of each individual whose PHI has been or believed to have been assessed, acquired, used, or disclosed during the Breach, ii. nature of the incident, iii. the corrective actions Business Associate took or will take to prevent further incidents, iv. anyadditional information as required relating to the Breach. G. To ensure that any agents, including a Downstream Subcontractor, to whom itprovides PHI agrees toabide by the same restrictions and conditions that apply to Business Associate with respect to PHI, and to implement reasonable and appropriate safeguards to protect it. H. To provide access to PHI in a in a Designated Record Set to Covered Entity, or, as directed by Covered Entity, to anIndividual within 15 business days as necessary to meet the requirements under 45 CFR 164.524. This provision shall be applicable only if Business Associate has PHI in a Designated Record Set. tBusinessAssociateAgreement I. To make available to Covered Entity, in the time and manner designated by Covered Entity, information necessary for Covered Entity to give Individuals their rights of access, amendment, and accounting in accordance with HIPAA. Business Associate agrees to incorporate any amendments made or agreed to by Covered Entity with respect to PHI in the possession of the Business Associate. This provision shall be applicable only if Business Associate has PHI in a Designated Record Set. J. To make its internal practices, books, and records including policies and procedures, relating tothe use and disclosure of PHI, created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity, available to the Secretary of the Department ofHealth and Human Services (the ) for purposes of determining compliance with HIPAA. The obligations of the Business Associate under this section shall survive termination of the BAA. K. To document such uses and disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond toa request by an Individual for anaccounting of such disclosures in accordance with 45 CFR 164.528. L. To make available to Covered Entity in response to a request from an Individual, the information required to permit Covered Entity to respond to any request from Individual for an accounting of disclosures and/or an access report pursuant to 45 CFR 164.528. Nothing inthis Section shall require Business Associate to provide an access report of PHI unless such action is required by amendments to 45 C.F.R. § 164.528. M. To implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability ofthe electronic PHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by HIPAA. Business Associate acknowledges that pursuant to Section 13401(a) of the HITECH Act, 45 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 shall apply to Business Associate in the same manner that such sections apply to a covered entity. N. To authorize termination ofthis BAA by Covered Entity, ifCovered Entity determines that Business Associate has violated a material term of this BAA. O. To maintain appropriate clearance procedures and provide supervision to assure that P. removing any workforce other resources. Q. es. R. To maintain a current contingency plan incase of anemergency. S. If appropriate, to maintain an emergency access plan to assure that the PHI Business Associate holds on behalf of Covered Entity is available when needed. tBusinessAssociateAgreement T. To provide appropriate backup of the PHI Business Associate holds for Covered Entity U. To have in place appropriate authentication and access controls to safeguard the PHI that Business Associate holds for Covered Entity. V. To make use of appropriate encryption for data at rest (for example, stored or archived PHI) and data in motion (for example, transmitting PHI over a network). W. To conduct, where applicable, electronic transactions, for which the Department of Health and Human Services has established standards, on behalf of the Covered Entity pursuant to the requirements of 45 CFR Part 162, and to require that any agent orsubcontractor involved in conducting these transactions maintains compliance with these requirements. 3. Audit by Covered Entity. Business Associate will make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received on behalf of, the Covered Entity available to the Covered Entity within ninety (90) days of the Electronic Transactions Rule, and the HITECH Act, as applicable. 4. Permissible Use and Disclosure by Business Associate. A. Except as otherwise limited in this BAA or the Contract, Business Associate may use or disclose PHI as necessary for its proper management and administration or to carry out its legal responsibilities, so long as any such disclosure is Required byLaw or Business Associate has received from the recipient reasonable written assurances that (1) the information will remain confidential and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the recipient; and (2) the recipient will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached. B. Except as otherwise limited in this BAA or the Contract, Business Associate may use or disclose PHI for data aggregation services as permitted by42 C.F.R. §164.504(e)(2)(i)(B). C. Except as otherwise limited in this BAA orthe Contract, Business Associate may use PHI to create de-identified health information in accordance with 45 CFR 164.514(b). D. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. §164.502(j)(1). 5. Obligations of Covered Entity. Covered Entity shall: A. Covered Entity shall notify Business Associate with the notice ofprivacy practices the Covered Entity produces inaccordance with 45 CFR 164.520, as well asany changes to such notice. Covered Entity shall provide Business Associate in writing, with any changes in, or revocation of, the permission by Individual to use or disclose PHI if such changes affect Business Associate'spermitted tBusinessAssociateAgreement or required uses and disclosures. Upon receipt by Business Associate of such notice of changes, Business Associate shall cease the use and disclosure of any such Indivi extent it has relied on such use or disclosure of PHI or where an exception under HIPAA expressly applies. B. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed toin accordance with 45 CFR 164.522. 6. Indemnification. Business Associate agrees to indemnify, defend, and hold Covered Entity and its Affiliates, and its and their respective directors, agents, representatives and employees harmless from and against any and all liabilities, damages, losses, expenses, fines, penalties, and/or judgments, including arising from or connected with the breach by Business Associate or any of its officers, directors, employees, agents and subcontractors of its obligations under this BAA with respect toPHI. Any limitation on or exclusion of liability contained in the Contract indemnification under this section. 7. Security Breaches. In the event ofany unauthorized access toor acquisition, use, loss, destruction, compromise, alteration or require Business Associate to: A. Provide copies ofits practices, procedures, books, and records to facilitate mitigation of damages arising from aSecurity Breach. B. Exercise all reasonable efforts to retrieve improperly used or disclosed PHI subject to the Security Breach. C. Establish and adopt new practices, policies, and procedures to reduce the likelihood of further disclosure or additional Security Breaches. D. Comply with all auditing orreporting requests by Covered Entity to demonstrate Business E. Covered Entity may terminate this BAA and the Contract if Covered Entity reasonably suspects the Business Associate has improperly used or disclosed PHI or there has been a Security Breach. 8. Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible underthe Privacy Rule if done by Covered Entity. 9. Term and Termination. tBusinessAssociateAgreement A. Term. This BAA shall be effective as of the Effective Date and shall terminate when all PHI is destroyed or returned to the Covered Entity or, if itis unfeasible to return or destroy such PHI, protections are extended to such information, in accordance with the termination provisions in this Section. B. Termination for Cause. Business Associate to the terms of this BAA orthe Contract, Covered Entity may provide Business Associate with a reasonable opportunity tocure such breach, but no less than thirty (30) days, or terminate this BAA and/or the Contract. C. Effect of Termination. (1) Except as provided herein, upon termination of this BAA for any reason, orat any other time upon the written request of Covered Entity, Business Associate shall return or destroy allPHI. This provision shall apply toPHI in the possession of any agents or Downstream Subcontractors ofBusiness Associate. Business Associate shall not retain any copy(ies) of the PHI. (2) In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate may retain such PHI required by this BAA for six years from the date of its creation or the date when itlast was in effect, whichever is later. Business Associate shall extend the protections of this BAA and the Contract to such PHI and limit all further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. 10. Miscellaneous. A. Downstream Subcontractors. If Business Associate is to retain a Downstream Subcontractor, Business Associate shall impose on such Downstream Subcontractors the same obligations imposed upon Business Associate in this BAA and the Agreement. B. Regulatory References. A reference in this BAA or the Contract to a section in the Privacy Rule means the section as then in effect or as amended, and for which compliance is required. C. Amendment. The Parties agree to negotiate in good faith an amendment to this BAA, from time to time, as is necessary for Covered Entity tocomply with the requirements of the Privacy Rule andthe Health Insurance Portability and Accountability Act, Public Law 104.191. D. No Third-Party Beneficiaries. Except as otherwise set forth herein, nothing in this BAA shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. E. Survival. The obligations of Business Associate under Section 2 of this BAA and any other provision that, by its nature, is intended tosurvive termination of this BAA shall sosurvive. F. Incorporation of Recitals. The recitals set forth above are, by this reference, incorporated into and deemed a part of this BAA. tBusinessAssociateAgreement G. Interpretation. Any ambiguity in this BAA shall be resolved in favor of a meaning that permits the Parties to comply with HIPAA. H. Governing Law; Venue. This BAA shall be governed by, construed, interpreted, and enforced under the laws of the State of California, without regard to its choice of law provisions. The parties hereby consent to the jurisdiction and venue of the state and federal courts located in Sacramento County, California. IN WITNESS WHEREOF, the Parties hereto have caused this BAA to be executed by their respective duly authorized representatives, effective as of the Effective Date. Business Associate: Covered Entity: By: By: Print: Print: Kate Renwick-Espinosa Title: Title: President tBusinessAssociateAgreement 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: 6th April 22 CzTfshfzHsfdivlijobu3;29qn-Nbs33-3133 White Construction, LLC Engineering Department - 2022 Appropriation #2200 044-628.71 2017 LOIT Bond Fund; P.O. #106386 Contract Not To Exceed $3,493,000.00 are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon 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 S:\\Contracts\\Departments\\ENG\\2022\\White Construction, LLC Goods and Services.doc:3/22/2022 10:59 AM\] 2 White Construction, LLC Engineering Department - 2022 Appropriation #2200 044-628.71 2017 LOIT Bond Fund; P.O. #106386 Contract Not To Exceed $3,493,000.00 indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Departments\\ENG\\2022\\White Construction, LLC Goods and Services.doc:3/22/2022 10:59 AM\] 3 White Construction, LLC Engineering Department - 2022 Appropriation #2200 044-628.71 2017 LOIT Bond Fund; P.O. #106386 Contract Not To Exceed $3,493,000.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Department of Engineering Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: White Construction, LLC 3900 East White Ave PO Box 249 Clinton, Indiana 47842 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Departments\\ENG\\2022\\White Construction, LLC Goods and Services.doc:3/22/2022 10:59 AM\] 4 White Construction, LLC Engineering Department - 2022 Appropriation #2200 044-628.71 2017 LOIT Bond Fund; P.O. #106386 Contract Not To Exceed $3,493,000.00 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. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Departments\\ENG\\2022\\White Construction, LLC Goods and Services.doc:3/22/2022 10:59 AM\] 5 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. -------------- --------- CLERK 3-9 BPW 3-16 REVIEWED VIA EMAIL CPD KEITH 2-21-22 CFD SUTTON 3-1-22 CRED HECK 3-9-22 ---------------------------- 8/28/2022 ------------- 8/28/2022 6th April 22 6th April 22 CLERK 3-30-22BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 REVIEWED VIA EMAIL 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 6th April 22 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM Contact Person Email Phone Number: Cell Number: Address Name/Organization: Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Tim Griffin Tgriffin@carmel.in.gov 3175025811 City Carmel State / Province / Region in Postal / Zip Code 46033 Country Hamilton Street Address 2 civic square Address Line 2 Carmel Fire Do you reside or are you located within the Carmel city limits? Yes No Educational hands free CPr 4/24/2022 4/24/2022 08:00:00 AM 01:00:00 PM CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CPD KEITH 3-21-22 CFD SUTTON 3-23-22 REVIEWED VIA EMAIL Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 08:00:00 AM 01:00:00 AM NA Will a Fee be charged for this event? If yes please describe in narrative below. YES NO Provide a brief description of event Free event to teach hands free CPR Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the special event policy handbook. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: Further Info for type of closure EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply.) TRAFFIC CONTROL (Extra fees may apply.) ONSITE SECURITY (Extra fees may apply.) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If you are requesting Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: SECURITY DEPOSIT AND FEE: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * GO TO SUBMIT TAB AND CLICK ON SUBMIT Carmel Fire Department Name of Organization/Applicant Signature of Authorized Agent/Applicant Tim Griffin PIO Printed Name and Title (If applicable) 2 civic square Address of Organization/Applicant 4/24/2022 Date CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ 6th April 22 APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT ------------ 4/24/2022 ------------- 4/24/2022 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 REVIEWED VIA EMAIL ---------- --------------------------------------------------- NO FOOD WILL BE SERVED. 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 REVIEWED VIA EMAIL 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 REVIEWED VIA EMAIL 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 REVIEWED VIA EMAIL 6th April 22 CLERK 3-30-22 BPW 4-6-22 REVIEWED VIA EMAIL CRED HECK 3-30-22 CFD SUTTON 3-21-22 CPD KEITH 3-11-22 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-18-22 CPD KEITH 3-14-22 REVIEWED VIA EMAIL 6th April 22 CLERK 3-30-22 BPW 4-6-22 CRED HECK 3-30-22 CFD SUTTON 3-18-22 CPD KEITH 3-14-22 REVIEWED VIA EMAIL 6th April 22 RESOLUTION NO. BPW 04-06-22-01 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND PRESENTATION OF PISTOL AND BADGE WHEREAS, pursuant to IC 5-22-22-6, the Board of Public Works and Safety of the City of Carmel, Indiana (“Board”), may transfer to another certain personal property; and WHEREAS, Master Patrol Officer Andrew P. Gerdt has provided over 25 years of meritorious service to the Carmel community as a Carmel City Police Officer, and will be retiring on April 20, 2022; and WHEREAS, it has been a long-standing policy and practice of the Carmel Police Department to present to each of its sworn officers, upon retirement, their badge and firearm. NOW, THEREFORE, BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following items may be transferred and presented to Master Patrol Officer Andrew P. Gerdt upon his retirement, at the direction of the Chief of Police: Master Patrol Officer Gerdt’s Service Weapon, Glock Model 19, 9 mm Pistol and accessories and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. 04-06-22-01 Page One of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Interim Corporation Counsel, on 05/24/2021 at 11:30 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this day of , 2022, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Resolution No. 04-06-22-01 Page Two of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Interim Corporation Counsel, on 3/14/2022 2:28 PM. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 6th April City of Carmel Carrell Police Department 3 Civic Square Carmel, Indiana 46032 March 8, 2022 City of Carmel Board of Public Works and Safety One Civic Square Carmel, IN 46032 Dear Members: I respectfully request Board approval to have the below listed weapon and badge deleted from the Police Department inventory: Glock Model 19, 9mm Pistol and accessories Carmel Police Department Badge / marked Retired As has been the custom and practice of the City and Department, the weapon and badge will be presented to Officer Andrew P. Gerdt, who will retire on April 20, 2022, from the Carmel Police Department, with over twenty-five years of service to the Carmel community as a police officer. Respectfully, Jeffrey J. Horner Deputy Chief of Police Carmel Police Department JJH/tka 317) 571-2500 A Nationally Accredited Law Enforcement Agency www.carmelpd.com 6th April 22 Holly J. Harmeyer12/15/2029 Hamilton