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HomeMy WebLinkAboutPaperless Packet for BPW 09.21.22Board of Public Works and Safety Meeting Agenda Wednesday, September 21, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the September 7, 2022, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Quote Opening for 22-STR-08 Hanging Basket Project; Lee Higginbotham, Street Commissioner 3. CONTRACTS a. Request for Joint Funding Agreement; U.S. Department of the Interior; ($4,500.00); U.S. Geological Survey for Water Resource Investigations; Williams Creek at 96th Street; Jeremy Kashman, City Engineer b. Request for Performance Agreement; Indy Polkamotion / Robert Klemen; ($2,500.00); Entertainment for Carmel Oktoberfest Event; Nancy Heck, Director of the Department of Community Relations c. Request for Purchase of Goods and Services; Canon Solutions America, Inc; ($1,074.60); Printer Lease - 36 Months; Additional Services Amendment; Jon Oberlander, Corporation Counsel d. Request for Purchase of Goods and Services; Cardno, Inc; ($22,000.00); 2022 Invasive Control - Tree and Shrub Removal, Chemical Application, and Other Landscape Services; Mike Hollibaugh, Director of the Department of Community Services e. Request for Purchase of Goods and Services; A & S General Construction; ($250.00); Carmel Data Center Project - Painting; CO #1; Jeremy Kashman, City Engineer f. Request for Purchase of Goods and Services; Dillon Construction Group; ($2,000.00); Carmel Data Center Project - Demolition / Cleanup of Ice Bridge; CO #1; Jeremy Kashman, City Engineer g. Request for Purchase of Goods and Services; United Construction Services; ($197,413.68); 18-ENG-06 - Walnut Street and Range Line Road Roundabout; CO #1, Final; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; Frederick’s, Inc.; ($37,149.00); Carmel Data Center Project - Ice Bridge and Fiber Cabling; CO #3; Jeremy Kashman, City Engineer i. Request for Purchase of Goods and Services; Rieth-Riley Construction, Inc.; ($171,824.40); 20-ENG-01 Smokey Row Road Reconstruction Project; CO #3; Jeremy Kashman, City Engineer j. Request for Purchase of Goods and Services; Davey Resource Group, Inc.; ($59,000.00); 2022 Invasive Control - Tree and Shrub Removal, Chemical Application, and Other Landscape Services; Mike Hollibaugh, Director of the Department of Community Services k. Request for Purchase of Goods and Services; Lochmueller Group, Inc.; ($155,700.00); 20-02 116th Street and River Road Roundabout - Design; Jeremy Kashman, City Engineer l. Request for Purchase of Goods and Services; Smock Fansler Corporation; ($22,600.00); Sophia Square Fireplace Removal; Additional Services Amendment; Lee Higginbotham, Street Commissioner m. Request for Purchase of Goods and Services; Vasey Commercial Heating & Air Conditioning, Inc.; ($8,508.00); One Year Maintenance Agreement; Bob Higgins, Brookshire Golf Club 4. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Acknowledge Mayor’s Approval to Use Carter Green; Hotel Carmichael Employee Yard Party; September 8, 2022; 1:00 PM – 5:00 PM; Andria Weyrich b. Request to Acknowledge Mayor’s Approval to Use / Close City Streets; Annual Lakewood Gardens Neighborhood Cookout; Close Part of Lakewood Drive East and Part of Lakewood Drive North; September 17, 2022; 3:00 PM – 9:00 PM; Glen Just c. Request to Acknowledge Mayor’s Approval to Use Mobile Stage; Late Night on Main; Amended; September 16, 2022; 2:00 PM – 11:59 PM; Sondra Schwieterman, Carmel PorchFest d. Request to Acknowledge Mayor’s Approval to Use Midtown Plaza / Stage / Tents; Midtown’s Got Talent; Stage and Space: September 16 - 17, 2022 and September 30 and October 1, 2022; 1:00 PM –9:00 PM Each Day; Tent Up: October 7 at 10:00 AM through October 10, 2022 before 12:00 PM; Space: October 7 through October 9, 2022; 10:00 AM –9:00 PM Each Day; Marissa Kay e. Request to Amend Approved Usage Request from April 20, 2022; Muscle Mobility Event at Midtown Plaza; Block Three Parking Spaces on Elm Street; September 24, 2022; 9:00 AM – 3:00 PM; Michaela Hubbard f. Request to Use / Close City Street; Music Concert to Benefit Cancer Patient; 3rd Street NE from Range Line Road to 1st Ave NE; October 1, 2022; 5:00 PM - 9:00 PM; Luanna Albrecht g. Request to Use / Close City Streets; Ashton Neighborhood Block Party; Close Norwalk Drive; October 9, 2022; 4:00 PM – 8:00 PM; Lesley Austin h. Request to Use City Hall Parking Lot; Bicycle Donation Event by Bike Carmel and Freewheelin Community Bikes; October 29, 2022; 10:30 AM - 2:30 PM; Kevin Whited, City of Carmel i. Request to Use Council Chambers; Children’s TherAplay Foundation Staff Retreat Workshop; October 7, 2022; 7:45 AM – 1:00 PM; Kathy Pelletier j. Request to Use Caucus Room; Hoosier Daylily Society Monthly Meetings; 2022: November 17; 2023: January 26, February 23, March 23, April 22, and May 23; 7:00 PM – 9:00 PM; Bret Clement k. Request to Use City Streets / Lane Restrictions / Rolling Closures; Gluhwein Gallop 5K Run/Walk; December 3, 2022; 8:00 AM – 11:00 AM; Donald Carr, Tuxedo Brothers, Inc. l. Request to Use of Main Street; Meet Me on Main; 2022: November 12 and December 10; 2023: January 14, February 11, March 11, April 8, May 13, June 10, July 8, August 12, and September 9; 4:00 PM – 10:00 PM; Karolyn Brumley, City of Carmel m. Request to Use / Close City Street and Sidewalk; Backup Rain Location for Midtown’s Got Talent; Close Elm Street from Veterans Way to Parking Garage near Monon Boulevard; September 30 through October 2, 2022; 10:00 AM - 9:00 PM Each Day; Megan McVicker, City of Carmel n. Request to Use Palladium East Patio; Schwalm – Beaver Wedding Ceremony; September 3, 2023; 1:00 PM – 11:00 PM; Rehearsal; September 2, 2023; 4:00 PM – 6:00 PM; Amanda Ahem, Hotel Carmichael o. Request to Use / Close Sidewalks and Parking Spaces; Spring Eternal Sculpture Restoration; Close Sidewalk on NE Corner of West Main Street and 3rd Avenue NW; Two Parking Spaces Adjacent to Site; September 26 - September 30, 2022; 8:00 AM - 5:00 PM Each Day; Megan McVicker, City of Carmel 5. OTHER a. Request for Right of Way Dedication; 14138 Shelborne Road - Islamic Life Center; Al Salam Foundation, Property Owners b. Request for Street Closure / Open Pavement Cut; Woodland Circle / 206 Woodland Lane; Centerpoint Energy c. Request for Lane Closure; Northbound Range Line Road - 1st on Main; October 7, 2022 for up to Two Months; Gino Martino, Lauth Group d. Request for Grant of Perpetual Storm Water Quality Management Easement; 14138 Shelborne Road - Islamic Life Center; Al Salam Foundation, Property Owners e. Request for Grant of Perpetual Storm Water Quality Management Easement; 3400 E. 96th Street - Tom Wood Powersports; Wood Porsche; Property Owners f. Request for Grant of Perpetual Storm Water Quality Management Easement; 735 W. Carmel Drive - Lakefront Court Lot 2 in Medical Office Building; BCRM Professional Partners 6. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, September 7, 2022 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 8 MEETING CALLED TO ORDER 9 10 Board Member Mary Ann Burke called the meeting to order at 10:00 AM 11 12 MEMBERS PRESENT 13 14 Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 15 16 MINUTES 17 18 Minutes from the August 17, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 19 Watson seconded. Request approved 2-0. 20 21 BID/QUOTE OPENINGS AND AWARDS 22 23 Acknowledgment of bid from August 17, 2022 Bid Opening for 2022 Sewer Lining Project 24 Board Member Burke stated that immediately after the August 17th meeting was adjourned, another bid 25 for the 2022 Sewer Lining Project was read into the record. It was time-stamped before the deadline and was 26 evenly considered for the project. The bid was from Inliner Solutions, LLC in the amount of $241,880.00. 27 28 Bid Award for 2022 Sewer Lining Project 29 Sergey Grechukhin, Office of Corporation Counsel, spoke on behalf of John Duffy, Director of the 30 Department of Utilities. He recommended awarding the bid to Insituform Technologies, USA, LLC as they were 31 the lowest, responsive bidder, per the tabulation of bids document prepared by Jones & Henry Engineers. 32 Board Member Burke moved to award the bid to Insituform Technologies, USA, LLC in the amount of 33 $181,507.60. Board Member Watson seconded. Bid award approved 2-0 34 35 Quote Opening for 22-STR-08 Hanging Basket Contract 36 Board Member Burke moved to remove the quote opening from the agenda per the request of the Street 37 Department, as the quote opening will occur at the Board of Public Works and Safety meeting on September 21, 38 2022. Board Member Watson seconded. Removal approved 2-0. 39 40 PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 41 42 Resolution BPW 09-07-22-01; Coombs Property Redevelopment; Right of Way and Erosion Control; Board 43 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 44 45 Resolution BPW 09-07-22-02; Christian Brothers Auto; Erosion Control; Board Member Burke moved to 46 approve. Board Member Watson seconded. Request approved 2-0. 47 48 CONTRACTS 49 50 Request for Amendment to Master Services Agreement; Continental Broadband, LLC d/b/a Expedient; Amended 51 Scope of Services; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 52 2-0. 53 54 Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($12,500.00); 20-SW-11 ASA #2 Duke 55 Energy - Carmel 69 Substation Re-Route Inspection; Additional Services Amendment #2; Board Member Burke 56 moved to approve. Board Member Watson seconded. Request approved 2-0. 57 58 Request for Purchase of Goods and Services; Engledow, Inc.; ($72,010.00); 2022 Holiday Market Decorations - 59 Goods; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 60 seconded. Request approved 2-0. 61 62 Request for Purchase of Goods and Services; Engledow, Inc.; ($58,000.00); 2022 Holiday Market Decorations - 63 Labor; Additional Services Amendment #2; Board Member Burke moved to approve. Board Member Watson 64 seconded. Request approved 2-0. 65 66 Request for Purchase of Goods and Services; Hood’s Gardens, Inc.; ($130,726.50); 2023 Flowers; Additional 67 Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 68 approved 2-0. 69 70 Request for Purchase of Goods and Services; JAF Property Services, Inc.; ($32,676.00); Cameras and Equipment 71 - New Admin Building; Additional Services Amendment #2; Board Member Burke moved to approve. Board 72 Member Watson seconded. Request approved 2-0. 73 74 Request for Purchase of Goods and Services; Lochmueller Group, Inc.; ($155,700.00); Project# 22-02 - 116th 75 Street and River Road Roundabout - Design; Board Member Burke moved to approve. Board Member Watson 76 seconded. Request approved 2-0. 77 78 REQUEST TO USE CITY STREETS/PROPERTY 79 80 Request to Acknowledge Mayor’s Approval to Use Midtown Plaza; Lemonade Stand Benefiting Riley Children’s 81 Hospital; August 27, 2022; 4:00 PM – 9:00 PM; Acknowledged by Board Member Burke. 82 83 Request to Acknowledge Mayor’s Approval to Use Midtown Plaza; BodyBoost & Brews - Free HIIT Class; 84 September 18, 2022; 7:00 AM – 8:00 AM; Board Member Burke moved to approve based on all conditions by 85 City departments being met. Board Member Watson seconded. Request approved 2-0. 86 87 Request to Use City Streets with Rolling Closures; Bike to Be Heard; CPD Will Be Present; September 17, 2022; 88 5:00 PM – 7:00 PM; Board Member Burke moved to approve based on all conditions by City departments being 89 met. Board Member Watson seconded. Request approved 2-0. 90 91 Request to Use Midtown Plaza; Popcorn Fundraiser for Lion’s Club Boy Scout Pack 112; at Movie Events on 92 Mondays; September 12, 19, 26 and October 3, 10, 17 in 2022; 4:00 PM – 8:00 PM; Board Member Burke moved 93 to approve based on all conditions by City departments being met. Board Member Watson seconded. Request 94 approved 2-0. 95 96 Request to Use Civic Square Gazebo / Fountain Area / Single Lane Rolling Closures; Brain Bolt 5K - Goodman 97 Campbell Brain & Spine; October 1, 2022; 4:00 AM – 2:00 PM; Board Member Burke moved to approve based 98 on all conditions by City departments being met. Board Member Watson seconded. Request approved 2-0. 99 Request to Use / Close City Street; Brocktoberfest - 2 Day Event; Cranston Street from Old Meridian to the End 100 of the Block; October 14, 2022 at 9:00 AM through October 15, 2022 at 10:00 PM; Board Member Burke moved 101 to approve based on all conditions by City departments being met. Board Member Watson seconded. Request 102 approved 2-0. 103 104 Request to Use / Close City Street; 11th Annual Brookshire 500; Andover Drive in Brookshire North 105 Neighborhood; October 1, 2022; 8:00 AM - 10:00 PM; Board Member Burke moved to approve based on all 106 conditions by City departments being met. Board Member Watson seconded. Request approved 2-0.0 107 108 Request to Use / Close City Street; Neighborhood Block Party; Carmelview Drive; September 17, 2022; 4:00 PM 109 - 10:00 PM; Board Member Burke moved to approve based on all conditions by City departments being met. 110 Board Member Watson seconded. Request approved 2-0. 111 112 Request to Use Veterans Memorial Plaza; Annual 9/11 Remembrance Ceremony; September 11, 2022; 7:00 AM 113 – 11:00 AM; Board Member Burke moved to approve based on all conditions by City departments being met. 114 Board Member Watson seconded. Request approved 2-0. 115 116 Request to Use Midtown Plaza; Colts Thursday Night Football Viewing Party; October 6, 2022; 2:00 PM – 11:00 117 PM; Board Member Burke moved to approve based on all conditions by City departments being met. Board 118 Member Watson seconded. Request approved 2-0. 119 120 Request to Use / Close City Street; Annual Street Party; Ironwood Court; September 17, 2022; 5:00 PM - 10:00 121 PM; Board Member Burke moved to approve based on all conditions by City departments being met. Board 122 Member Watson seconded. Request approved 2-0. 123 124 Request to Use Civic Square Gazebo; Diabetes Youth Foundation of Indiana - Scavenger Hunt and Dinner; 125 September 18, 2022; 1:30 PM – 6:30 PM; Board Member Burke moved to approve based on all conditions by 126 City departments being met. Board Member Watson seconded. Request approved 2-0. 127 128 Request to Use Civic Square Gazebo; International Dance Festival; September 17, 2022 at 12:00 PM through 129 September 18, 2022 at 9:00 PM; Board Member Burke moved to approve based on all conditions by City 130 departments being met. Board Member Watson seconded. Request approved 2-0. 131 132 Request to Use Council Chambers; Candidate Forum; October 4, 2022; 5:00 PM – 9:00 PM; Board Member 133 Burke moved to approve based on all conditions by City departments being met. Board Member Watson seconded. 134 Request approved 2-0. 135 136 Request to Use Monon & Main Plaza; October Meet Me on Main; October 8, 2022; 4:00 PM – 9:30 PM; Board 137 Member Burke moved to approve based on all conditions by City departments being met. Board Member Watson 138 seconded. Request approved 2-0. 139 140 Request to Use City Center Plaza / Stage; OktoberFest; September 30, 2022; 8:00 AM – 11:59 PM; Board 141 Member Burke moved to approve based on all conditions by City departments being met. Board Member Watson 142 seconded. Request approved 2-0. 143 144 Request to Use City Street / Traffic Control; The National Roundabout Week Celebration; Roundabout at Elm; 145 September 22, 2022; 3:00 PM – 8:00 PM; Board Member Burke moved to approve based on all conditions by 146 City departments being met. Board Member Watson seconded. Request approved 2-0. 147 148 Request to Use Civic Square Gazebo / Lane Restrictions on City Streets; 2023 Indiana Women’s Half Marathon 149 & 5K; October 21, 2023; 6:00 AM – 11:00 AM; Board Member Burke moved to approve based on all conditions 150 by City departments being met. Board Member Watson seconded. Request approved 2-0. 151 152 OTHER 153 154 Request for 2 New Curb Cuts / Vacation of Existing Curb Cut; 10404 Ditch Road; Board Member Burke moved 155 to approve based on all conditions by the City engineer being met. Board Member Watson seconded. Request 156 approved 2-0. 157 158 Request for Commercial Curb Cut / Pavement Cut / Sidewalk Closure; Lakefront Court - Lot 2; Board Member 159 Burke moved to approve based on all conditions by the City engineer being met. Board Member Watson seconded. 160 Request approved 2-0. 161 162 Request for Consent to Encroach and Variance; 3973 Bear Creek Way; Board Member Burke moved to approve 163 based on all conditions by the City engineer being met. Board Member Watson seconded. Request approved 2-0. 164 165 Request for Grant of Easement Agreement; DSKCR Realty, LLC; 120 N. Range Line Road; Project# 17-ENG-166 01; Board Member Burke moved to approve based on all conditions by the City engineer being met. Board 167 Member Watson seconded. Request approved 2-0. 168 169 Request for Grant of Easement Agreement; Duke Energy Indiana, LLC; 31 1st Avenue NW; Parcel#s 29-09-25-170 122-027.000-018 and 29-09-25-122-028.000-018; Board Member Burke moved to approve based on all 171 conditions by the City engineer being met. Board Member Watson seconded. Request approved 2-0. 172 173 Request for Lane Restrictions / Sidewalk Closure; Hamilton Crossing II - Pennsylvania Street and Carmel Drive; 174 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 175 Watson seconded. Request approved 2-0. 176 177 Request for Lane Restrictions; Train Depot Relocation - Carmel Clay Historical Society; Moving from 211 1st 178 Street SW to 599 3rd Avenue SW; Board Member Burke moved to approve based on all conditions by the City 179 engineer being met. Board Member Watson seconded. Request approved 2-0. 180 181 Request for Stormwater Technical Standards Waiver; Proscenium II – Executive Drive and Range Line Road.; 182 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 183 Watson seconded. Request approved 2-0. 184 185 186 ADD-ONS 187 188 Board Member Burke moved to add one Carmel Police Department item to the agenda. Board Member Watson 189 seconded. Adding one item to the agenda approved 2-0. 190 191 The Carmel Police Department seeks approval of a new Special Investigation Division Sergeant 192 Carmel Police Department Deputy Chief Dwight Frost detailed the selection process, answered questions, 193 submitted a letter into the record, and requested the Board affirm the decision to designate Sgt. Sean Brady as 194 the new Special Investigation Division Sergeant. 195 Board Member Burke moved to approve. Board Member Watson seconded. Decision approved 2-0. 196 197 198 ADJOURNMENT 199 200 Board Member Mary Ann Burke adjourned the meeting at 10:07 a.m. 201 202 203 204 APPROVED: ____________________________________ 205 Sue Wolfgang – City Clerk 206 207 208 _____________________________________ 209 Mayor James Brainard 210 ATTEST: 211 212 __________________________________ 213 Sue Wolfgang – City Clerk 214 Fluid thinking® 1980 East 116th Street, Suite 260, Carmel, IN 46032 Phone: 317.818.1805 JHEng.com Carmel, IN | Cincinnati, OH | Fort Wayne, IN | Kalamazoo, MI | Toledo, OH August 23, 2022 Subject: 2022 Sewer Lining Letter of Recommendation City of Carmel, Indiana Mr. Duffy and Mr. Hendricks: On August 17, 2022, bids for the 2022 Sewers Lining project were opened by the Board of Public Works and Safety. A tabulation of the bids is attached and summarized below. Company Name Total Estimated Price Insituform Technologies USA, LLC $181,507.60 Insight Pipe Contracting $183,052.00 SAK Construction, LLC $218,404.00 Inliner Solutions, LLC $241,880.00 The low bidder, Insituform Technologies USA, LLC, had two copying errors in their base bid. Their bid total reflects the correct values and did not need to be revised. Neither error had the potential to alter determination of the low bidder. Details are noted on the attached tabulation. I did not find any other irregularities in the bid. In my opinion, Insituform Technologies USA, LLC is a reputable contractor who is capable of satisfactorily completing this work. They are the lowest and most responsive bidder. I recommend that a $181,507.60 contract be awarded to Insituform Technologies USA, LLC for the 2022 Sewer Lining project. Sincerely, JONES & HENRY ENGINEERS, LTD. Philip Teague, PE Principal Engineer BPW 09.07.2022 MINUTES Bid Tabulation 2022 Sewer Lining Project City of Carmel, Indiana Bids opened August 17, 2022 Tabulation prepared by Jones & Henry Engineers, Ltd. August 23,2022 Insituform 2130 Stout West Dr Indianapolis, IN Insight Pipe Contracting 232 E Lancaster Rd Harmony, PA SAK 864 Hoff Rd O'Fallon, MO Inliner 4520 N State Rd 37 Orleans, IN Description Est. Quantity Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $6,351.60 $6,351.60 $7,500.00 $7,500.00 $23,000.00 $23,000.00 $24,000.00 $24,000.00 2b 8"CIPP Sewer Lining 2,670 LF $41.40 $110,538.00 $41.20 $110,004.00 $44.50 $118,815.00 $54.00 $144,180.00 2d 12" CIPP Sewer Lining 648 LF $46.40 $30,067.20 $46.00 $29,808.00 $73.00 $47,304.00 $60.00 $38,880.00 3 Manhole Flow Channel Reconstruction 1 EA $1,164.40 $1,164.40 $1,200.00 $1,200.00 $1,225.00 $1,225.00 $700.00 $700.00 4 Rehabilitation of Sewer Manhole 104 VLF $254.10 $26,426.40 $260.00 $27,040.00 $265.00 $27,560.00 $280.00 $29,120.00 5 Lateral Cutouts 50 EA $139.20 $6,960.00 $150.00 $7,500.00 $10.00 $500.00 $100.00 $5,000.00 TOTAL BID $181,507.60 $183,052.00 $218,404.00 $241,880.00 Note that Insituform’s amount for Lateral Cutouts has been adjusted from $$6,690 to $6,960 to correct an arithmetic irregularity. Also, Insituform’s unit price for Rehabilitation of Sewer Manhole has been adjusted from $251.10 to $254.10 to match the bids written text. Insituform’s Total Bid already reflected these changes and was not adjusted. BPW 09.07.2022 MINUTES BPW 09.07.2022 Minutes CzTfshfzHsfdivlijobu3;33qn-Tfq23-3133 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: CzTfshfzHsfdivlijobu2;67qn-Tfq25-3133 Exhibit A Indy Polkamotion INVOICE10970HaigPointDr Fishers, Indiana 46037 robertklemen@sbcglobal.net www.indypolkamotion.com InvoiceNo: 0002Cell: 317.373.7508 Invoice Date:25May2022 DueDate:22Sep2022 BILLINGSENTTOCLIENT: City ofCarmel IndianaCompanyName: MegGates-Osborne(MEG & Associates) P.O.C.: Carmel City Center -Veterans WyAddress 9875 Lakewood DrE, Indianapolis, IN46280) Carmel, IN46032City, State, Zip 317-590-7522TelephoneNo: https://megpromo.com/ Website: DESCRIPTIONDAYSCOST PER DAYAMOUNT Carmel Oktoberfest 1$2500.00$2500.00Friday, September 30, 2022 Note1: Price includes band performance andsound. Note2: Payment in full is required 7 business days prior to the event Tax (if applicable) TOTAL$2500.00 Please make all checks payable to Robert Klemen Thank you for your Business! FRM-070_Invoice 18Feb2021 Rev 0 Approved By: Robert Klemen Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 106678 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 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 ENTERTAINMENT FOR OKTOBERFEST EVENT7/14/2022376621 ROBERT KLEMEN COMMUNITY RELATIONS VENDORSHIP10979HAIGPOINTDRIVE 1 CIVIC SQ TO Carmel, IN 46032- FISHERS, IN 46037 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 67207 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1ENTERTAINMENT FOR OKTOBERFEST EVENT$2,500.00$2,500.00 Sub Total 2,500.00 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 2,500.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy Heck TITLEDirector CONTROL NO. 106678 CONTROLLER CzTfshfzHsfdivlijobu3;34qn-Tfq23-3133 9- 5 46032- 2584 1 Fixed Price Plan 1 IN Karen S Russell09/ 01/ 22Auto- Toner Fulfillment** 0 B& W: $ 0. 012000 ABENNETT@CARMEL. IN. GOV ABENNETT@CARMEL. IN. GOV HAMILTON No 1870966S1256436 AMANDA BENNETT Excess Per Image Charge invoiced Monthly by CFSPer Unit Coverage Plan Maint Base charge invoiced Monthly by CFS Maintenance included for all EquipmentLease Payment shall be invoiced MonthlyPurchase Option: Fair Market ValueTax Exempt ( Certificate Attached) AMANDA BENNETT 1 CIVIC SQ No 317. 571. 2472317. 571. 2472 CFS CARMEL Consumables: Toner Only Meter Method: imageWare Remote 36 0. 00 B& W: 0 29. 850. 00 0 36 A NB26662 CITY OF CARMEL 0. 00 428/ 682/ 3583 IBNJMUPO57143. 3695 DJUZ! PG! DBSNFM 1 CIVIC SQ BNBOEB! CFOOFUUABENNETT@CARMEL. IN. GOV JODBSNFM Covered Device - Rider A ( Office Equip/ CutSheet Production) CANON SOLUTIONSAMERICA, INC. One Canon Park, Melville, NY 11747 Personal Property Tax Addendum800) 613-2228 UnifiedLease Agreement #: DJUZ!PG!DBSNFMCustomer: This Personal Property Tax Addendum ("Addendum") ismade apart of theabove mentioned Agreement (whether designated alease, rental, Master Lease together with any Schedules thereto, or otherwise, the "Agreement"), by and between the above mentioned Customer ("Customer") and Canon Solutions SA pursuant to which Customer isor shall become the renter or lessee of certain Equipment (as defined in the Agreement). Capitalized terms used herein but not defined will have the same meanings assigned to them in the Agreement. 1. Notwithstanding anything to the contrary contained in the Agreement regarding taxes,fees and other charges, in consideration of Lessor waiving Customer'sobligation to reimburse Lessor for state and local personal property taxes on theEquipment, Customer agrees to pay Lessor the increased monthly payment set forth in the Agreement. Customer remains responsible for all other taxes, fines or penalties relating to theAgreement or theEquipment. 2. This Addendum supplements and amends the Agreement only to the extent and in the manner set forth herein, and in allother respects the Agreement remains in full force and effect. Customer agrees that Lessor may accept afacsimile or other electronically transmitted copy of this Addendum as an original, and that facsimile or other electronically transmitted copies of Customer's signature will be treated as an original for all purposes. ACCEPTED DJUZ!PG!DBSNFMCANONSOLUTIONSAMERICA, INC.CUSTOMER: By:By:By: Joseph ViolettiPrintedName:PrintedName: SupervisorTitle:Title: 9/1/22Date: Canon Financial Services, Inc. as Authorized agent onbehalf of Canon Solutions America, Inc. CFS-1223 (08/16) INDIANA RETAIL TAX EXEMPT City ®f C c hem e1 CERTIFICATE NO. 003120155 002 0 JL 11 1 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO, VENDOR NO. 9/1/2022 376053 } CANON SOLUTIONS AMERCIA INC VENDOR 300 COMMERCE SQUARE BLVD BURLINGTON, NJ 08016 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS 68606 QUANTITY UNIT OF MEASURE DESCRIPTION Department: 1180 Fund: 101 General Fund Account: 43-530.04 1 Each Desk printer Page 1 of 1 PURCHASE ORDER NUMBER 106774 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Department of Law SHIP 1 Civic Square TO Carmel, IN 46032- Jon Oberlander UNIT PRICE 317) 571-2472 FREIGHT EXTENSION 1,074.60 $1,074.60 Sub Total $1,074.60 OF GA 1, Send Invoice To: r_A rDepartmentofLaw Jon Oberlander 1 Civic Square Carmel, Carmel, IN 46032- L A f 317) 571-2472 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT• AMOUNT PAYMENT $1,074.60 SHIPPING INSTRUCTIONS A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORNSHIPPREPAID AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.0 D. SHIPMENT CANNOT BE ACCEPTED THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL /) Q THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY Jon Oberlander TITLE Interim Corporation Counsel CONTROL NO. 106774 CONTROLLER CzTfshfzHsfdivlijobu21;25bn-Tfq24-3133 Cardno, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106761 Contract Not To Exceed $22,000.00 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, except to the extent such lien is the result of a failure by the City to pay amounts due and owing hereunder. 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 twenty (20) 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 (except Comprehensive Auto Liability), 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 (but not defend) 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 to the extent caused by the Vendor or Vendor’s use of City property. Vendor further agrees to indemnify, hold harmless (but not defend) City and its officers, officials, and employees from all claims and suits of whatever type, including, but not limited to, all court costs, reasonable attorney fees, and other expenses, caused by any negligible act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\DOCS\\2022\\Cardno, Inc. Goods and Services.docx:9/9/2022 8:32 AM\] 2 Cardno, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106761 Contract Not To Exceed $22,000.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes 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 (but not defend) 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 inand 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 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. S:\\Contracts\\Departments\\DOCS\\2022\\Cardno, Inc. Goods and Services.docx:9/9/2022 8:32 AM\] 3 Cardno, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106761 Contract Not To Exceed $22,000.00 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 itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Department of Community Services Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Cardno, Inc. 3901 Industrial Blvd Indianapolis, Indiana 46254 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 30 days’ notice to Vendor, 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 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 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. 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. S:\\Contracts\\Departments\\DOCS\\2022\\Cardno, Inc. Goods and Services.docx:9/9/2022 8:32 AM\] 4 Cardno, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106761 Contract Not To Exceed $22,000.00 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. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\DOCS\\2022\\Cardno, Inc. Goods and Services.docx:9/9/2022 8:32 AM\] 5 Cardno, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106761 Contract Not To Exceed $22,000.00 28. 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. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. 30. LIMITATION OF LIABILITY The total amount of all claims the City may have against the Vendor under this Agreement or arising from the delivery of Goods or performance or non-performance of the Services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees or $50,000. As the City’s sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against the Vendor and not against any of the Vendor’s employees, officers or directors. Neither the City nor the Vendor shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the provision of Goods or performance of the Services. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. S:\\Contracts\\Departments\\DOCS\\2022\\Cardno, Inc. Goods and Services.docx:9/9/2022 8:32 AM\] 6 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 CzTfshfzHsfdivlijobu4;3:qn-Tfq24-3133 CzTfshfzHsfdivlijobu4;39qn-Tfq24-3133 428/921/2613 1:01703133 CzTfshfzHsfdivlijobu4;39qn-Tfq24-3133 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund, P.O. #106763 Contract Not To Exceed $59,000.00 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Davey Resource Group, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 1192 101 43-504.00 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Fifty Nine Thousand Dollars ($59,000.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect, Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and 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 parry 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. 5:'Co tracls,Depuuumts DOCS,202='Dash Rn ,i Groq), Inc G—isand Sm ices duce 9 1•I20221` 19 P]I] Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106763 Contract Not To Exceed $59,000.00 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. All provisions of this Section 7 are contingent upon City paying Vendor all sums due and owing for Goods and Services provided under this Agreement. 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 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 certificates of insurance for 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 to the extent caused by negligent or willful acts or omissions during 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, reasonable attorney fees, and other expenses, caused by any negligent or willful 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 for a period of two (2) years. S:\\Contracts\\Departments\\DOCS\\2022\\Davey Resource Group, Inc. Goods and Services.docx:9/14/2022 12:59 PM\] 2 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106763 Contract Not To Exceed $59,000.00 Vendor’s indemnity, defense, and hold harmless obligations shall not extend to any claim or liability that is alleged to be caused by the negligence or willful misconduct of City orother third party not controlled by Vendor; rather, such indemnification claims shall be administered based upon a determination of the proportional fault of each party. Vendor retains the right to select counsel reasonably acceptable to City, City will provide reasonable cooperation, and City will not unreasonably withhold consent to settle any claims for which Vendor is providing defense or indemnification. Notwithstanding anything to the contrary in this Agreement or elsewhere, in no event shall Vendor’s total liability exceed the applicable insurance limits set forth in Exhibit C hereto. 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. In accordance and consistent with Section 9 above, 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. S:\\Contracts\\Departments\\DOCS\\2022\\Davey Resource Group, Inc. Goods and Services.docx:9/14/2022 12:59 PM\] 3 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106763 Contract Not To Exceed $59,000.00 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. 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 state or federal court with jurisdiction over 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 itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Department of Community Services Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Davey Resource Group, Inc. rd5641West73 Street Indianapolis, Indiana 46278 With a copy to: Davey Resource Group, Inc. Attn: Legal Department 295 S Walter Street Kent, Ohio 44240 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. S:\\Contracts\\Departments\\DOCS\\2022\\Davey Resource Group, Inc. Goods and Services.docx:9/14/2022 12:59 PM\] 4 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106763 Contract Not To Exceed $59,000.00 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. 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. S:\\Contracts\\Departments\\DOCS\\2022\\Davey Resource Group, Inc. Goods and Services.docx:9/14/2022 12:59 PM\] 5 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund; P.O. #106763 Contract Not To Exceed $59,000.00 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. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. 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. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. S:\\Contracts\\Departments\\DOCS\\2022\\Davey Resource Group, Inc. Goods and Services.docx:9/14/2022 12:59 PM\] 6 Davey Resource Group, Inc. Department of Community Services - 2022 Appropriation #1192 101 43-504.00 Fund: P.O. #106763 Contract Not To Exceed $59,000.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST. Sue Wolfgang, Clerk Date: Davey Resource Group, Inc. arwBy. G Authorized Signature Jacob Bannister Printed Name Senior Associate Consultant Title FIDITIN: 82-1948528 Date: Aigi m S:•%CmivazDepuU—WDDCS 2022'.Dmq Rey —Group. Inc Goodsand S—i—d-.,,914=' l_ 59 PNQ 7 Exhibit A City of Carmel DEP.l\RTl\ffNT OF COMMlJNfTY SERVICFS QUOTE FOR TREE AND SHRUB REMOVAL, CHEMICAL APPLICATION AND OTHER LANDSCAPING SERVICES Quotes are due July 29, 2022, at 11:00 am. Please submit to: I.SCOPE OF SERVICES Department of Community Services ATTN: Daren Mindham 1 Civic Sq Carmel, IN 46032 The quote is for tree and shrub removal, chemical application, and other landscaping services. TheContractor will furnish all labor, chemicals, equipment, and services necessary for tree and shrub removal, and chemical application. II.CITY OF CARMEL REPRESENTATIVE All questions related to this quote shall be addressed to: Daren Mindham Urban Forester 1 Civic Square Carmel, IN 46032 Phone: 317-571-2283 Email: dmindham@carmel.i n.g av Company Name: Davey Resource Group, Inc.a!---Signature: ---,,;,.----..... dz!!_-------1 Quote Location A Keystone Parkway mapped areas Amount:_,$.,.5""9_..0...,0:..::0:..:..;.00::...._ ________ _ Quote Location B City-wide mapped areas Amount: _$_3_0_,_rn_o_._o_o ____ ---- Date: 8/8/2022 City of Carmel DL-:PA.RTMENT OF COMMUNITY Sl RVICl S Ill. WORK REQUIREMENTS Applicable Standards: Contractor must adhere to American National Standards Institute (ANSI A300} and (ANSI 2133.1) current editions. Work Requirements: All work shall be completed during the stated application timeframe after received work order from Carmel Representative. The Contractor will schedule project work to occur between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, only, unless authorized by the Carmel Representative in advance. Contractor shall not work on any city holidays. Contractor shall require authorization from the Carmel Representative for any sub-contracted work. Otherwise, all work shall be completed by employees of the Contractor. Contractor shall supply all needed labor, trucks, equipment, supplies, materials, safety devices and other equipment necessary to complete the work. Traffic control is the sole responsibility of Contractor and shall be coordinated in advance with the proper department(s) of the city. The blocking of public streets shall not be permitted unless prior approvals have been made with the appropriate city departments and the Carmel Representative has been notified. Traffic control shall be accomplished in conformance with state, county and local highway construction codes and all other applicable law. A traffic maintenance plan is required by the Carmel Engineering Department for the blocking of any lane. The handbook to use unless, otherwise directed, will be the CONCISE HANDBOOK FOR TEMPORARY TRAFFIC CONTROL - Construction, Maintenance, and Utility Operations, 2016, SP-3. The staging of vehicles or other equipment on any public sidewalk or path is-prohibited. Please contact our Engineering Department for any questions about traffic control associated with the blocking of a lane. Any injuries, damages, expenses or loss to any person or property, public or private, by Contractor during performance of the project are the sole responsibility of the Contractor and shall be repaired or compensated by the Contractor to the satisfaction of both the injured party and the Owner, at no cost to the Owner. Any alteration or modification of the work performed under the contract shall be made only by written agreement between the Contractor and Carmel Representative and shall be made prior to commencement of the altered or modified work. No claim for extra work or materials shall be allowed unless covered by such a written agreement executed by all parties hereto. All tree debris, or other debris resulting from any tree work shall be promptly cleaned up and removed from site. The work area shall be always kept safe and neat until the cleanup operation is completed. Under no 2 City of Carmel DEPARTMENT OF COMMUNITY SERVICES private property in such a manner as to result in a hazard. This cost shall be included in the individual pricing under 'Layout of Quote'. Contractor shall be certified and hold all required applicator's licenses from the state of Indiana. Contractor shall possess any city right-of-way permits, as necessary. Contractor must comply with all applicable environmental, chemical, and other laws when performing its obligations. Contractor shall submit product labels of all proposed chemicals for Carmel Representative approval prior to use. Contractor shall contact the Carmel Representative prior to the start of any applications. This notification is meant to determine the time frame in which the application work is to be completed. Water usage: Please contact Greg Hollander, ghollander@carmel.in.gov, for any water hydrant questions. You will need a meter and yes, you will need to pay for it and there may be a deposit. IV.LAYOUT OF QUOTE (to the nearest fifth dollar) Do not cross over any fences Removal and Maintenance: {Complete by October 10, 2022) Cut and spray all tree of heaven (Ailanthus altissima), callery pear (Pyrus calleryana), multiflora rose (Rosa multifora), bamboo, burning bush (euonymus alatus) and barberry (Berberis thunbergia, B. vulgaris) Cut and remove all plant material with woody stems from the ground within 15 (fifteen) feet of the Keystone asphalt, ten (10) feet from highway signage and light poles, and five (5) feet from all other structures like walls or guard rails Cut and remove all vines growing up trees Remove all trash, non-biodegradable Remove any piles of debris (sticks, vines) Chemical Application: (Complete from October 10 to October 31, 2022) Treatment: 2% glyphosate and .25% spreader sticker-per label for honeysuckle Spray all honeysuckle (Lonicera tatarica, L. morrowii, L. X be/la) to the foliage until runoff In areas near water, a foliar spray of an aqua labeled glyphosate with spreader should be used 90% effectiveness of honeysuckle mortality required TREATMENT -2% glyphosate and .25% spreader sticker LOCATION A Keystone Parkway; E 98th Street to Lowe's Way B Mapped areas as attached 3 1\ id SI Smokey RC'.'.' Rd a-'""oo<! 1tc f Ci\tlME:L E Moln St E Ma:r; Sf u "' s "'., e: 1C5lh SI E. 10'101 Sl JT 116th S1 ECHO CREST ORCHARD PARK Keystone Parkway Invasive Species Removal E ,1.":i'U St N\I\JARf( VILLAGE S Carmel Dr 11,· ... futJ•e \' E116chSt E1HilhSt Go 1 \Oli1 SI E 1061h St HOLP,DA \' HILLS AND DALES E !HlLh St 8 l E :Gtt: St i· o' .f " z 16lhSl E 1aeu, s: E,;n, HERE. GXDII,\ »fL"-lt1il og,e1. Inc, METI/NASA, USGS, E.PA, NPS, US Census Sure;;iu, 11 USDA CHESTERTON Legend ";;,: 1 Map View Number Keystone Parkway Invasive Species Removal 0 85 170 -= 340 510 680 Feet Parcel Boundary (publK} Keystone Treatment Areas Keystone Parkway Invasive Species Removal o 45 go -=-180 270 360 Feet Parcel Boundary (publk) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 360 ec:::iec••-===•••Feet o 45 go 180 270 Parcel Boundary (public) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 330 440 ••=---===-- Feet o ss 110 220 Parcel Boundary (public) Keystone Treatment Areas Gi) Keystone Parkway Invasive Species Removal 0 30 60 120 180 240 •=-:=-••==•• Feet Parcel Boundary (fJublic) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 0 45 90 180 270 360 -=-==---===--- Feet L1gend Parcel Boundary (public) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 0 45 90 -= 180 270 360 Feet Parcel Baunci ry (public) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 0 35 70 140 210 280 -=•=-••===-•• Feet Parcel Boundary {public) Keystone Treatment Areas Keystone Parkway Invasive Species Removal 0 35 70 -=-140 210 280 Feet Parcel Bouncla1y (public) Keystone Treatment Areas 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 Andrew Kraut Davey Resource Group, Inc. HR Compliance Supervisor 9thSeptember22 Andrew Kraut, HR Compliance Supervisor Andrew Kraut, HR Compliance Supervisor City of Carmel INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 106763 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P 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. 8/26/2022 DAVEY RESOURCE GROUP INC VENDOR 5300 WELLINGTON BRANCH DR SUITE 100 GAINESVILLE, VA 20155 - PURCHASE ID BLANKET I CONTRACT I 68452 QUANTITY UNIT OF MEASURE I Department: 1192 Account: 43-504.00 1 Each Fund: 101 General Fund Send Invoice To: Dept of Community Service 1 Civic Square Carmel, IN 46032- Invasive Control VENDOR NO. 373910 PAYMENT TERMS DESCRIPTION DESCR IPTION Tree and Shrub Removal, Chemical Applicat ion and other SHIP TO Landscap ing Serv ices Dept of Community Service 1 Civic Square Carmel, IN 46032- FREIGHT UNIT PRICE I EXTENSION 59,000.00 $59,000.00 ------- Sub Total $59,000.00 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT I PROJECT I PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. COD. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CONTROL NO. 1 06763 ORDERED BY TITLE CONTROLLER PAYMENT $59,000.00 NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO 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 Mike Hollibaugh Director James Crider Director of Administration CzTfshfzHsfdivlijobu23;29qn-Bvh27-3133 David A. Henkel, PE, PTOE Central IN Regional Leader 35-1455938 August 16, 2022 David A. Henkel Lochmueller Group, Inc. Central IN Regional Leader 16th August 22 David A. Henkel, PE, PTOE David A. Henkel, PE, PTOE CzTfshfzHsfdivlijobu2;51qn-Tfq19-3133 Exhibit A Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 106786 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 9/6/202200350511 SMOCK FANSLER CORP Street Department VENDORSHIP2910WMINNESOTAST 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46241 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 68760 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachSophia Square Fireplace Removal$22,600.00$22,600.00 Sub Total 22,600.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 22,600.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 106786 CONTROLLER CzTfshfzHsfdivlijobu22;48bn-Tfq1:-3133 Vasey Commercial Heating & Air Conditioning, Inc. Brookshire Golf Course - 2022 Appropriation #1207 101 43-501.00 Fund; P.O. #106764 Contract Not To Exceed $8,508.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Golf Course\\2022\\Vasey Commercial Heating & Air Conditioning, Inc. Goods and Services.docx:8/30/2022 9:58 AM\] 2 Vasey Commercial Heating & Air Conditioning, Inc. Brookshire Golf Course - 2022 Appropriation #1207 101 43-501.00 Fund; P.O. #106764 Contract Not To Exceed $8,508.00 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 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except S:\\Contracts\\Departments\\Golf Course\\2022\\Vasey Commercial Heating & Air Conditioning, Inc. Goods and Services.docx:8/30/2022 9:58 AM\] 3 Vasey Commercial Heating & Air Conditioning, Inc. Brookshire Golf Course - 2022 Appropriation #1207 101 43-501.00 Fund; P.O. #106764 Contract Not To Exceed $8,508.00 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 itis 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 Brookshire Golf Course Office of Corporation Counsel 12120 Brookshire Parkway One Civic Square Carmel, Indiana 46033 Carmel, Indiana 46032 If to Vendor: Vasey Commercial Heating & Air Conditioning, Inc. 10830 Andrade Drive 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. S:\\Contracts\\Departments\\Golf Course\\2022\\Vasey Commercial Heating & Air Conditioning, Inc. Goods and Services.docx:8/30/2022 9:58 AM\] 4 Vasey Commercial Heating & Air Conditioning, Inc. Brookshire Golf Course - 2022 Appropriation #1207 101 43-501.00 Fund; P.O. #106764 Contract Not To Exceed $8,508.00 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. S:\\Contracts\\Departments\\Golf Course\\2022\\Vasey Commercial Heating & Air Conditioning, Inc. Goods and Services.docx:8/30/2022 9:58 AM\] 5 Exhibit A 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 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL MAYOR BRAINARD APPROVED 9-2-22 - SEE EMAIL INCLUDED IN PACKET CPD HORNER 9-2-22 CFD HEAVNER 9-6-22 CRED BREWER 9-2-22 RETRO-RATIFICATION x Amendment to request approved by BPW 04-20-22 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-9-22 CFD HEAVNER 9-9-22 CRED BREWER 9-13-22 ----------- HH Stage and Space: September 16 ­ 17, 2022 and September 30 and October 1, 2022 1:00 PM –9:00 PM Each Day Tent Up: October 7, 2022 at 10:00 AM through October 10, 2022 before 12:00 PM Space: October 7 through October 9, 2022; 10:00 AM –9:00 PM Each Day ----------- ------------HH HH ---------- HH Hubbard THIS EVENT WAS APPROVED BY BPW ON 8/17/2022. THIS AMENDED REQUEST IS TO RESERVE 3 PARKING SPACES ON ELM ST FOR A TRAILER. CLERK 9-14-22 BPW 9-21-22 CPD HORNER 9-8-22 CFD HEAVNER 9-8-22 CRED BREWER 9-13-22 REVIEWED/APPROVED VIA EMAIL CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CFD HEAVNER 9-7-22 CPD HORNER 9-7-22 CRED BREWER 9-13-22 ENG KIRSH-STREET USE OK CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-7-22 CFD HEAVNER 9-7-22 CRED BREWER 9-7-22 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CFD HEAVNER 9-7-22 CPD HORNER 9-7-22 CRED BREWER 9-13-22 CITY OF CARMEL, INDIANA INFORMATION FACILITY REQUEST FORM City Hall Caucus Room or Council Chambers Name Organization: Phone Number: Cell Number: Email Address Organization Type: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time Event Start time: Event end time: Room Requested GENERAL INFORMATION Kathy Pelletier The Children's TherAplay Foundation kpelletier@childrenstheraplay.org City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address Address Line 2 Non-Profit Organization Staff retreat workshop 10/7/2022 10/7/2022 40 07:45:00 AM 01:00:00 PM 08:30:00 AM 12:30:00 AM ROOM REQUESTED CAUCUS ROOM Caucus Room REQUIRES BPW APPROVAL ONLY The room may be divided into sections or can be one large room. Choose the size that you need. Room has an 8.5-foot counter area with a sink. Room Set-Up Other seating options: Equipment needed: Equipment not provided: Computers or connection cords/electrical cords Microphones are not available in the Caucus rooms. Projector Other: How many? Room Requested Equipment needed: Equipment not provided: Computers or connection/electrical cords. Other: How many? The traditional seating arrangement is Boardroom style. 1/3 side has four, 5-foot tables with 10 chairs 2/3 side has six, 5-foot tables with 20 chairs (plus 15-20 chairs around perimeter of room) Classroom, Seating capacity 33 Theater (chairs only), Seating capacity 50 Projection screen Are tables and/or chairs needed around periphery of room? Yes No If you selected YES - please fill out the details below. How many additional table/chairs are needed? We need seating for about 40. A mix of table seating and chairs is fine. Note: Extra tables/chairs available: 34 chairs, eight 4-foot tables, six 6-foot tables. ROOM REQUESTED COUNCIL CHAMBERS Seating capacity: 112 Council Chambers Microphone(s) 13 available on dais, 1 at presenter's podium, 1 at clerk's desk Dais Dais # and which ones Projection Screen Are tables and/or chairs needed around periphery of room? Yes No If you selected YES - please fill out the details below. How many additional table/chairs are needed? Note: Extra tables/chairs available: 34 chairs, eight 4-foot tables, six 6-foot tables. 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 TO FINALIZE YOUR REQUEST The Children's TherAplay Foundation Name of Organization/Applicant Signature of Authorized Agent/Applicant Kathy Pelletier Executive Director Printed Name and Title (If applicable) kpelletier@childrenstheraplay.org Email (Required) 3,176,161,117 Phone Number (Required) 9919 Towne Road Carmel IN 46032 Address of Organization/Applicant 9/13/2022 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:__________________________________________________________________ SUBMIT CLERK 9-14-22 BPW 9-21-22 ONLY BPW APPROVAL REQUIRED CARMEL CLAY PARKS APPROVED 9-7-22 CLERK 9-14-22 BPW 9-21-22 CPD HORNER 9-8-22 CFD HEAVNER 9-8-22 CRED BREWER 9-13-22 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-12-22 CFD HEAVNER 9-12-22 CRED BREWER 9-13-22 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-9-22 CFD HEAVNER 9-9-22 CRED BREWER 9-13-22 ---------- HH ________ HH ________ HH _______ HH September 30 through October 2, 2022; 10:00 AM - 9:00 PM Close Elm Street from Veterans Way to Parking Garage near Monon Boulevard Use / Close City Street and Sidewalk ----------------------------- ---------------------------------------------------------------------- This is a backup date in case of rain on 9/30 or 10/1 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-7-22 CFD HEAVNER 9-7-22 CRED BREWER 9-13-22 CLERK 9-14-22 BPW 9-21-22 REVIEWED/APPROVED VIA EMAIL CPD HORNER 9-9-22 CFD HEAVNER 9-9-22 CRED BREWER 9-13-22 Section I 0. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. STATE OF fNDIANA ) )SS:COUNTY OF HAMIL TON ) By:j#J;J£5 :;,y:;� � (-f � � � Printed Name J. e_efore me, a Notary Public in and for said County and State, personally appeared OC te I+ mG , who acknowledged execution of the foregoing Easement for andon behalf of dd t)v, · · P LL-(:_ Witness my hand and Notarial Seal this __ ___,,,_�_ day of&phru fuw , 20d-� My Commission �xpires:1 , l�ol dod 'i_ ' \ Residing in �dn ek2 County Se pADll;, o 0'-1lvLl.0d Notary Public --------�_..,,._ STEPti.41-i EA TUSSEY My CommisSIOO E1,p.rs.; November 30, 2024 Commission Number NPD693750 Hendricks County Wood Porsche RE, LLC ("Grantor") CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") James Brainard, Mayor Date: ----- Mary Ann Burke, Member Date: ----- Lori Watson, Member Date: ----- ATTEST: Sue Wolfgang, Clerk Date: STATE OF INDIANA ) )SS: COUNTY OF HAMIL TO ) ----- Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this ____ day of _________ , 20_. My Commission Expires: Residing in County ------- Notary Public Printed Name STATE OF INDIA A ) )SS: COUNTY OF HAMIL TON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20_ ------------- My Commission Expires: Notary Public Residing in _______ County Printed Name Pursuant to IC 36-2-11-1 S(b )(2), I affirm, under the penalties for perjury, that l have taken reasonable care to redact each Social Security number in this document, unless required by law - Jon Oberlander, Esq. Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 EXHIBIT A EXHIBIT A Table of Contents BPW Agenda 09.21.2022 BPW Minutes 09.07.2022 with docs and links 1Joint Funding Agreement; U.S. Department of the Interior; ($4,500.00); U.S. Geological Survey for Water Resource Investigations; Williams Creek at 96th Street; Canon Solutions America, Inc; ($1,074.60); Printer Lease - 36 Months; Additional Services Amendment; LAW DEPT Cardno, Inc; ($22,000.00); 2022 Invasive Control; DOCS Change Order 1; A & S General Construction; ($250.00); Carmel Data Center Project - Painting; CO #1; Engineering Change Order 1; Dillon Construction Group; ($2,000.00); Carmel Data Center Project - Demolition Cleanup of ICE Bridge; CO #1; Engineering Change Order 1; United Construction Services; ($197,413.68); 18-ENG-06 - Walnut Street and Range Line Road Roundabout; CO #1, Final; Engineering Change Order 3; Frederick’s, Inc.; ($37,149.00); Carmel Data Center Project - Fabricate Install ICE Bridge; CO #3; Engineering Change Order 3; Rieth-Riley Construction, Inc.; ($171,824.40); 20-ENG-01 Smokey Row Road Reconstruction from Old Meridian Road to Range Line Road; CO #3; Engineering Davey Resource Group, Inc.; ($59,000.00); 2022 Invasive Control; DOCS Lochmueller Group, Inc.; ($155,700.00); 20-ENG-02 116th Street and River Road Roundabout - Design; Engineering Smock Fansler Corporation; ASA; ($22,600.00); Sophia Square Fireplace Removal; Street Vasey Commercial Heating & Air Conditioning, Inc.; ($8,508.00); One Year Maintenance Agreement; Brookshire ACK_HOTELCARM_CARTGRN_9-8-22 ACK_LAKEWOOD_BLKPTY_9-17-22_Redacted ACK_LATENITMAIN_STAGE_9-16-22_Redacted ACK_MIDTOWNSGOTTALENT_MIDTWNPLAZA AcMEND_MUSCLEMOB_MDTWNPL_STREETUSE_Redacted ALBRECHT_CONCERT_3RDSTNE_10-1_Redacted ASHTONBLKPTY_10-9-22_Redacted BIKEDONATION_CITYHALLLOT_10-29_Redacted ChildrensTheraplay_Caucus_10-7-22_Redacted DAYLILYSOCIETY_CHAMBERS_Redacted GLUHWEINGALLOP_12-3-22_Redacted MeetMeOnMain_Nov22-Sept23 MIDTWNTALENT_BACKUP_10-2-22 SCHWALMWED_HCEPATIO_9-3-2023_Redacted SCULPTURERESTOR_SIDEWALKCLOSE_9-26 to 9-30 1 4 12 22 26 41 44 46 54 58 83 107 131 134 156 163 170 177 183 190 198 205 212 217 221 229 235 242 248 Right of Way Dedication ROW; 14138 Shelborne Road - Islamic Life Center; Al Salam Foundation, Property Owners Street Closure Open Pavement Cut; Woodland Circle 206 Woodland Lane; Centerpoint Energy Lane Closure; Northbound Range Line Road - 1st on Main; October 7, 2022 for up to Two Months; Gino Martino, Lauth Group Grant of Perpetual Storm Water Quality Management Easement; 14138 Shelborne Road - Islamic Life Center; Al Salam Foundation, Property Owners Grant of Perpetual Storm Water Quality Management Easement; 3400 E. 96th Street - Tom Wood Powersports; Wood Porsche; Property Owners Grant of Perpetual Storm Water Quality Management Easement; 735 W. Carmel Drive - Lakefront Court Lot 2 in Medical Office Building; BCRM Professional Partners 256 263 265 267 280 281