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Home My WebLink AboutPaperless Packet for BPW 08.17.22Board of Public Works and Safety Meeting Agenda Wednesday, August 17, 2022 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the July 28, 2022, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Opening for Clay Township Center Addition Project; Jennifer Schlenger, Dillon Construction Group, and Jeremy Kashman, City Engineer b. Bid Opening for 2022 Sewer Lining Project; John Duffy, Director of the Department of Utilities c. 36” Sanitary Sewer Lining Emergency Contract Award; John Duffy, Director of the Department of Utilities 3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a. Request for Bond Reduction; ($6,255.60); Aloft and Elements Hotel; Eaton Excavating b. Resolution BPW 08-17-22-03; Extra Space Storage; Right of Way; Gilliatte General Contractors 4. CONTRACTS a. Request for Ground Lease; Martin Marietta Materials, Inc.; ($10.00 per year); Gray Road Property; James Crider, Director of Administration b. Request for Interlocal Agreement; ($37,352.00); Hamilton County Solid Waste Board; Household Waste Collection Services for 2023; John Duffy, Director of the Department of Utilities c. Resolution BPW 08-17-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; All Star Paving, Inc.; ($224,979.82); 22-STR-05 - Path Preservation; Lee Higginbotham, Street Commissioner d. Resolution BPW 08-17-22-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Connor Fine Painting, Inc.; ($20,670.00); 22-STR-04 - Pergolas; Painting of the Pergolas at the Reflecting Pond; Lee Higginbotham, Street Commissioner e. Request for Addendum to Service Agreement; Metals Treatment Technologies; ($23,250.00); Carmel Police Firing Range - Lead Maintenance; One Year Contract; Chief James Barlow, Carmel Police Department f. Request for Purchase of Goods and Services; Duke Energy; ($29,845.64); 20-SW-11 - Carmel 69 Substation Re-route; Cost and Date Increases; CO #1; Jeremy Kashman, City Engineer g. Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($62,863.08); 18-ENG-21 - 1st Street NW and 17-SW-09 2nd Street SW and Crooked Stick; CO #2, Final; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; Insituform Technologies USA, LLC; ($399,774.00); 2022 36-inch Sewer Lining Project; John Duffy, Director of the Department of Utilities i. Request for Purchase of Goods and Services; Officeworks Services, LLC; ($32,076.90); Furniture Purchase / Install / Support / Service; Additional Services Amendment #2; Mike Hollibaugh, Director of the Department of Community Services j. Request for Purchase of Goods and Services; Rejuvtec, Inc.; ($146,031.00); 22-STR-06 - Road Rejuvenation; Lee Higginbotham, Street Commissioner 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Amend Previously Amended Use Request; St. Christopher’s Strawberry Festival; Add Reserved Parking South of Midtown Plaza; August 20, 2022; 8:00 AM - 8:00 PM; Kevin Price b. Request to Use / Close City Streets; Clay Middle School Trojan 5K; Rolling Closures in Bayhill and Waterstone Neighborhoods; September 10, 2022; 8:00 AM – 11:30 AM; John Corcoran c. Request to Use City Hall Caucus Room; Compass Indiana, LLC; August Sales Meeting; August 23, 2022; 9:30 AM – 12:00 PM; Kat Fenoglio d. Request to Use Civic Square Gazebo; Packet Pickup for Donut Judge Me 5K; August 27, 2022; 2:00 PM – 5:00 PM; James Nichols, 131 Event Productions, LLC e. Request to Use / Close Neighborhood Street; Annual Elden Glen Neighborhood Block Party; Eden Glen Drive Cul-de-sac Closure; August 20, 2022; 4:00 PM – 9:00 PM; Julie Roe Lach f. Request to Use Midtown Plaza; Muscle Mobility Performance & Wellness Free Yoga Event Supporting the National Eating Disorder Association; September 24, 2022; 9:00 AM – 3:00 PM; Michaela Hubbard g. Request to Use City of Carmel Stage; Carmel International Arts Festival; September 23, 2022 at 5:00 PM through September 25, 2022 at 6:00 PM; Meg Gates Osborne, City of Carmel h. Request to Use / Close Neighborhood Streets; Overbrook Farms HOA Summer Block Party; August 20, 2022; 8:00 AM – 10:00 PM; Rain Date August 21, 2022; Ashish Garg i. Request to Use Civic Square Gazebo and Fountain Area; Pups + Popsicles Community Event; September 9, 2022; 1:00 PM – 9:00 PM; Madison Michael, @ Properties Indianapolis j. Request to Use / Close Neighborhood Streets; Ridge Road Oktoberfest; Cool Creek Estates; Ridge Road Closure; September 17, 2022; 3:00 PM – 12:00 AM; Cindy Schleich k. Request to Use Streets / CPD Traffic Control; Trinity Free Clinic 5K Road Race; October 8, 2022; 6:00 AM – 10:00 AM; Connie Martin l. Request to Use / Close Neighborhood Streets; Annual Neighborhood Party; Ute Drive Closure; September 16, 2022 at 4:00 PM through September 17, 2022 at 10:00 AM; Rain Date September 17, 2022; Terri Maynard m. Request to Use CPD Traffic Control Near Veterans Memorial Plaza; City of Carmel Veterans Day Ceremony; November 10, 2022; 11:00 AM – 2:00 PM; Sondra Schwieterman n. Request to Use Parking Spaces; City of Carmel Veterans Day Ceremony; Reserve Six Parking Spaces - Tarkington Theater West Doors; November 10, 2022; 11:00 AM – 2:00 PM; Sondra Schwieterman o. Request to Use Midtown Plaza; Shred415 Free Outdoor Workout; September 21, 2022; 5:00 PM – 7:00 PM; Jennifer Wilkins 6. OTHER a. Request for Consent to Encroach and Variance; 4635 Royal Oak Lane; Fisher, Roger and Jennifer Creager b. Request for Consent to Encroach and Variance; 13991 Brookstone Drive; Stover, Larry L. II and Margaret R. c. Request for Grant of Perpetual Storm Water Quality Management Easement; 10026 Spring Mill Road; Property Owner d. Request for Grant of Perpetual Storm Water Quality Management Easement; 10216 N Michigan Road - Guidepost Montessori; Property Owner e. Request for Grant of Perpetual Storm Water Quality Management Easement; 14598 Oak Ridge Road - Our Lady of Mount Carmel; Property Owner f. Request for Right of Way Dedication; 10026 Spring Mill Road; Property Owners g. Request for Small Cell Permit; Permit #SC-2022-00005; 1412 W 96th Street - Pole ID GN Indy 0721; Matt Bates, VZW Wireless h. Request for Storm Water Technical Standards Waiver; Hamilton Crossing Phase II - 12201 N Meridian Street - Southwest Corner of Pennsylvania Street and Carmel Drive; Mike Timko, Kimley-Horn i. Request for Storm Water Technical Standards Waiver; Islamic Life Center Carmel – Northwest Corner of 141st Street and Shelborne Road; Timothy Jensen, Veridus Group j. Request for Street Closure; 2nd Avenue between Main Street and 1st Street NW; Sophia Square Maintenance; Matt Breitenstein, LRT 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Thursday, July 28, 2022 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 7 Mayor Brainard called the meeting to order at 10:00 AM. 8 9 MEMBERS PRESENT 10 11 Mayor James Brainard, Board Members Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12 13 MINUTES 14 15 Minutes from the July 20, 2022 Regular Meeting. Board Member Burke moved to approve. Mayor Brainard 16 seconded. Request approved 2-0 17 18 BID/QUOTE OPENINGS AND AWARDS 19 20 Bid Award for Street Department Project 22-STR-06 - Road Rejuvenation; Crystal Edmondson, Street 21 Department, recommended awarding the bid to Rejuvtec, Inc., as they were responsive and the only bidder. Board 22 Member Burke moved to award the bid to Rejuvtec, Inc. in the amount of $146,031.00. Mayor Brainard seconded. 23 Request to award approved 2-0 24 25 CONTRACTS 26 27 Request for Purchase of Goods and Services; Candy Martin; ($1,800.00); Agreement for Services; Advisor for 28 the Carmel Mayor’s Youth Council; Board Member Burke moved to approve. Mayor Brainard seconded. Request 29 approved 2-0 30 31 Request for Purchase of Goods and Services; ERMCO, Inc.; ($1,880.00); Provide / Install Tray Including Spill 32 Out and Brackets; Carmel Data Center Project; CO #2; Board Member Burke moved to approve. Mayor 33 Brainard seconded. Request approved 2-0 34 35 Request for Purchase of Goods and Services; Frederick’s, Inc.; ($2,125.00); Install Keypad Rough-in / Install 36 Two Fire Alarm Strobe Rough-ins / Provide CT Cabinet for Electrical Service; Carmel Data Center Project; CO 37 #2; Board Member Burke moved to approve. Mayor Brainard seconded. Request approved 2-0 38 39 Request for Purchase of Goods and Services; GovernmentJobs.com, Inc. d/b/a NEOGov; ($129,506.10); Learn 40 and Perform Platforms; Board Member Burke moved to approve. Mayor Brainard seconded. Request approved 41 2-0 42 43 Request for Purchase of Goods and Services; LITHKO Restoration Technologies, LLC; ($1,122,577.99); Sophia 44 Square Waterproofing; Board Member Burke moved to approve. Mayor Brainard seconded. Request approved 45 2-0 46 47 Request for Purchase of Goods and Services; Nelson Alarm Company; ($1,050.00); City Monitoring; Additional 48 Services Amendment #2; Board Member Burke moved to approve. Mayor Brainard seconded. Request approved 49 2-0 50 51 Request for Purchase of Goods and Services; Ott Equipment Service, Inc.; ($54,842.00); 22-STR-07 - Portable 52 Truck Lifts - Rotary Column Lifts; Board Member Burke moved to approve. Mayor Brainard seconded. Request 53 approved 2-0 54 55 Request for Purchase of Goods and Services; Scat, Inc.; ($3,020.00); Pest Control - Quarterly Service - All 56 Stations + CTC; Board Member Burke moved to approve. Mayor Brainard seconded. Request approved 2-0 57 58 REQUEST TO USE CITY STREETS/PROPERTY 59 60 Request to Use Midtown Plaza; Shred415 Outdoor Workout; August 17, 2022; 5:00 PM – 7:00 PM; Mayor 61 Brainard moved to approve. Board Member Burke seconded. Request approved 2-0 62 63 OTHER 64 65 Resolution BPW 07-28-22-01 66 A Resolution of the City of Carmel Board of Public Works and Safety Designating and Approving the Placement 67 of “No Parking or Idling” Signs on Certain City Streets within Proximity of School Property; Mayor Brainard 68 presented the Resolution, then moved to approve. Board Member Burke seconded. Request approved 2-0 69 70 Resolution BPW 07-28-22-02 71 A Resolution of the City of Carmel Board of Public Works and Safety Approving the Appointment of the Police 72 Chief’s Executive Assistants; Chief James Barlow, Carmel Police Department, presented the Resolution: 73 Lieutenant Brady Myers as Deputy Chief of Administration 74 Lieutenant Dwight Frost as Deputy Chief of Operations 75 Lieutenant Charlie Harting as Investigations Commander (Major) 76 Lieutenant Ryan Jellison as Support Commander (Major) 77 Lieutenant Shane Collins as Operations Commander (Major) 78 Mayor Brainard presented the Resolution, then moved to approve. Board Member Burke seconded. Request 79 approved 2-0 80 81 ADJOURNMENT 82 83 Mayor Brainard adjourned the meeting at 10:04 a.m. 84 85 86 APPROVED: ____________________________________ 87 Sue Wolfgang – City Clerk 88 89 _____________________________________ 90 Mayor James Brainard 91 ATTEST: 92 93 __________________________________ 94 Sue Wolfgang – City Clerk 95 17th CzTfshfzHsfdivlijobu4;43qn-Bvh12-3133 Not Present Not Present 17th August 22 August ==== 2022 Holly J. Harmeyer Hamilton12/15/2029 Hamilton RESOLUTION NO. BPW 08-17-22-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement AllStarPaving Inc.docx8/3/20229:09AM 17th August CzTfshfzHsfdivlijobu22;45bn-Bvh12-3133 All Star Paving, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.01 Motor Vehicle Highway Fund; P.O. #106692 Contract Not To Exceed $224,979.82 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Street\\2022\\All Star Paving, Inc. Goods and Services.docx:7/25/2022 9:04 AM\] 2 All Star Paving, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.01 Motor Vehicle Highway Fund; P.O. #106692 Contract Not To Exceed $224,979.82 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\\Street\\2022\\All Star Paving, Inc. Goods and Services.docx:7/25/2022 9:04 AM\] 3 All Star Paving, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.01 Motor Vehicle Highway Fund; P.O. #106692 Contract Not To Exceed $224,979.82 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 Street Department Office of Corporation Counsel st3400W131 St One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: All Star Paving, Inc. 4320 N US Hwy 31 Seymour, Indiana 47274 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\\Street\\2022\\All Star Paving, Inc. Goods and Services.docx:7/25/2022 9:04 AM\] 4 All Star Paving, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.01 Motor Vehicle Highway Fund; P.O. #106692 Contract Not To Exceed $224,979.82 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Departments\\Street\\2022\\All Star Paving, Inc. Goods and Services.docx:7/25/2022 9:04 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: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. 7/21/2022 ALL STAR PAVING INC SEYMOUR, IN 47274 - 106692 4320 N US HWY 31 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 376645 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 67551 2201Department:2201Fund:Motor Vehicle Highway FND 43-502.01Account: PathPreservation1 $224,979.82 $224,979.82Each 224,979.82SubTotal 224,979.82 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106692 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner RESOLUTION NO. BPW 08-17-22-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement Connor FinePainting Inc.docx8/3/20229:09AM 17th August CzTfshfzHsfdivlijobu22;46bn-Bvh12-3133 Connor Fine Painting, Inc. Street Department - 2022 Appropriation #1206 101 43-509..00 Fund; P.O. #106688 Contract Not To Exceed $20,670.00 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\\Street\\2022\\Connor Fine Painting, Inc. Goods and Services.docx:7/25/2022 8:59 AM\] 2 Connor Fine Painting, Inc. Street Department - 2022 Appropriation #1206 101 43-509..00 Fund; P.O. #106688 Contract Not To Exceed $20,670.00 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\\Street\\2022\\Connor Fine Painting, Inc. Goods and Services.docx:7/25/2022 8:59 AM\] 3 Connor Fine Painting, Inc. Street Department - 2022 Appropriation #1206 101 43-509..00 Fund; P.O. #106688 Contract Not To Exceed $20,670.00 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 Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Connor Fine Painting, Inc. 6925 Hawnthorn Park Dr Indianapolis, Indiana 46220 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\\Street\\2022\\Connor Fine Painting, Inc. Goods and Services.docx:7/25/2022 8:59 AM\] 4 Connor Fine Painting, Inc. Street Department - 2022 Appropriation #1206 101 43-509..00 Fund; P.O. #106688 Contract Not To Exceed $20,670.00 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\\Street\\2022\\Connor Fine Painting, Inc. Goods and Services.docx:7/25/2022 8:59 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 7/20/2022 CONNOR FINE PAINTING INC INDIANAPOLIS, IN 46220 - 106688 6925 HAWTHORN PARK DR City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 376623 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 67527 1206Department:101Fund:General Fund 43-509.00Account: Painting of the pergolas at the reflectingpond1 $20,670.00 $20,670.00Each 20,670.00SubTotal 20,670.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106688 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzTfshfzHsfdivlijobu23;1:qn-Bvh13-3133 employees using the E-Verify program, affirming that itis 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 sub-contractor. Should the Vendor or any sub-contractor 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. 8.PAYMENT TERMS: Upon receipt of theinvoice as outlinedin theAgreement, the City shall pay Vendorfor such goods and services within thirty-five (35) days after the date of City’s receipt of Vendor'sinvoice 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 the Agreement and Vendor has otherwise performed and satisfied all the terms and conditions of this Addendum and the Agreement. All payment and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5- et al. 9.NON-APPROPRIATION: Inthe event no funds are appropriated for the Agreement or its renewal in 2022 through 2023 budgets or any subsequent budgets by the City’s legislative body, the City, upon providing written notice to Vendor, has the right toterminatethe Agreement at the end of each fiscal year without penalties of any sort. 10.REQUIRED DISCLOSURE: In addition to any exceptions to disclosing of confidential information referenced in the Agreement, the City, upon consulting and providing notice to Vendor, may disclose such confidential information ifsuch disclosure is required by any federal or state law. The City shall not disclose any information that would be deemed proprietary or constitute a trade secret unless ordered so by a court of competent jurisdiction. FAULT: 11.DE In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Addendum or the Agreement, including Vendor’s warranties; (b) fails to provide the goods and services as specified in this Addendum and the Agreement; (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 the 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 the Agreement and this Addendum, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 12.CONSULTATION PRIOR TO LEGAL ACTION: Prior to filing any legal action, Parties agree to have good faith consultations,and each be given an opportunity to correct any such default as outlined in this Addendum and the Agreement. 2 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANAMETALS TREATMENT TECHNOLOGIES, LLC by and through itsBoard of Public Works and Safety By: By: James Brainard, Presiding OfficerAuthorized Signature Date: Printed Name Mary Ann Burke, Member Date: Title Lori S. Watson, MemberFID/TIN: Date: ATTEST:Date: Sue Wolfgang, Clerk Date: 3 Contract Agreement Form Date: July 20, 2022 Client Carmel Police Department Prevailing Wage Yes No Contact Sgt. Ben Fisher; fisher@carmel.in.gov Contractor Metals Treatment Technologies, LLC 14045 West 66th Avenue Arvada, Colorado 80004 Location 9609 Hazel Dell Parkway; Indianapolis, IN Invoice Instructions Sgt. Ben Fisher; fisher@carmel.in.gov THE CONTRACT TERMS APPEARING BELOW TOGETHER WITH THE GENERAL CONDITIONS ON THE FOLLOWING PAGES (1-4) AND ATTACHMENTS HERE TO FORM THE SOLE PROVISIONS OF THE ENTIRE AGREEMENT. CONTRACT TERMS Description of the Work Perform Lead Reclamation and Maintenance as outlined in Attachment A: MT2 Proposal. Work will be performed in a professional, workmanlike manner, in accordance with applicable EPA, OSHA, State, Federal and Local regulations. Drawings and Specifications None Contract Term This Agreement is valid for one (1) year from the last date this Contract Agreement Form is signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three (3) years. Should the Customer no longer need this service or not have appropriated funds, this Agreement can be terminated. Time of Performance Start date as early as mid-August 2022 is based on mutually agreed upon schedule and is weather dependent. Pricing MT2 has developed the following pricing for lead maintenance services. Baseline Firing Range Lead Maintenance Task QTY Unit Price Upfront Payment: Plans, Mobilization, Site Setup and Preparation 1 Lump Sum $6,000 Lead Maintenance: Excavation, Lead Recovery, Lead Recycling, Replacement of Screened Soil to Berms, and Berm Reconstruction Up to 80 CY Lump Sum $25,000 Final Payment: General site clean-up, Demobilization, and Final Report 1 Lump Sum $1,500 32,500 Estimated Lead Recycling Value Estimated Lead Recycling Value 2-4 tons $0.65 Per lb 2,600 - 5,200) 1/ Optional Services 2/ Optional: Guaranteed ECOBOND® Treatment of Soils Up to 80 CY Lump Sum $10,500 Optional: Hydroseeding - Hydroseed the soil processing area between the 25- and 50-yard lines and the exposed areas of the berms – up to 0.5 acre Up to 0.5 Acre Lump Sum $6,000 Optional: Environmental Stewardship Plan 1 Lump Sum $7,500 1/ MT2 owns the recovered lead; MT2 will provide the Client 50% split of the net value of recycled lead. Net value is determined as the recycled value of the material less the same percent of the cost of containers, pallets, handling equipment, transport, and applicable taxes, to be used to offset project costs. MT2 does not guarantee the value or quantity of recovered lead. The actual value of recycled lead will be determined at the time of recycling. The Estimated Lead Recycling Credit is based on a reasonable estimate of the amount of recoverable lead and current lead recycle value per pound 2/ Pricing for optional tasks is valid if performed at the time of lead maintenance tasks, no field investigations are included with the ESP preparation Project Assumptions: Pricing based on standard workdays (0700-1700 M-F) SWPPP is not required Customer will provide MT2 access to nearby water source (e.g. hydrant) and pay for water and associated items such as permit/meter/hose as needed. MT2 will utilize a water truck or trailer to provide dust suppression sprinkling as needed during excavation and separation operations Pricing does not include management of live ammunition, only spent rounds. If live ammunition is discovered, it will be left onsite for Customer to manage If applicable MT2 will use appropriately sized and/or rubber tire equipment and use caution to work around existing range app urtenances with limited access (e.g. backstop berm soils imposed by range knee walls, target systems, overhead baffles, and sidewalls). MT2 will not be responsible for damage to the range, range equipment, or appurtenances should damage occur during processing Measurement of quantities will be based field measurement each day; signed-off daily by MT2 and Customer; and recorded in daily project log MT2 will perform dry decontamination of equipment before demobilization MT2 pricing does not include: Prevailing Wage Rates, Bonding, Retainage, Liquidated Damages Pricing is based on fuel charges not exceeding $6/gal on diesel and $5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated “U.S” price (https://www.eia.gov/petroleum/gasdiesel/listed). If the USEIA price of fuel is higher than these rates at time of service, MT2 reserves the right to negotiate a fuel surcharge MT2 pricing is subject to MT2 review and approval of final contract terms and conditions MT2 pricing valid for 90 days This Agreement is valid for one (1) year from the date the Agreement is last signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three (3) years. Should the Customer no longer need this service or not have appropriated funds, this Agreement can be terminated. MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived from the shooting range operations or from the act of shooting at the shooting range to include but not be limited to bullet or fragment ricochets, or for bullets or shot leaving range containment MT2 is responsible for, and pricing only includes: Work Plan & HASP MT2 pricing assumes site conditions are within general industry standards. MT2 services include assessing the site and noting existing conditions. Noted conditions outside of those defined in this contract or within general industry standards will be considered "changed conditions" and must be addre ssed prior to MT2 performance of services. Contract Agreement Form Date: July 20, 2022 Client Carmel Police Department Prevailing Wage Yes No Contact Sgt. Ben Fisher; fisher@carmel.in.gov Contractor Metals Treatment Technologies, LLC 14045 West 66th Avenue Arvada, Colorado 80004 Location 9609 Hazel Dell Parkway; Indianapolis, IN Invoice Instructions Sgt. Ben Fisher; fisher@carmel.in.gov THE CONTRACT TERMS APPEARING BELOW TOGETHER WITH THE GENERAL CONDITIONS ON THE FOLLOWING PAGES (1-4) AND ATTACHMENTS HERE TO FORM THE SOLE PROVISIONS OF THE ENTIRE AGREEMENT. CONTRACT TERMS Addressing changed conditions includes MT2 notification to Client of changed conditions and agreement by Client and MT2 of additional charges to address the changed conditions. If an agreement between MT2 and Client cannot be reached, MT2 reserves the right to cancel the services and charge a demobilization/cancellation fee of $7,500 Client Responsibilities: Obtain necessary approvals/permits Ensure MT2 safe access to the range site Complete utility locates and identify any potentially impacted utilities, drainage systems, etc. Remove range equipment, vegetation and materials such as timbers, scrap piles, material piles, fencing, concrete slabs, aspha lt, and large debris from the lead-impacted soils area Protect or remove knee walls; Remove target stands/systems, if applicable Replace knee walls, target stands/systems Re-seed or re-vegetation of the site, as applicable Terms of Payment: Customer to provide Upfront Payment prior to MT2 mobilization, if required above, prior to MT2 mobilization. Progress Payment(s) and Final Payment due Net 30 days upon receipt of MT2 invoice. If Customer payment is late, Customer agrees to pay an additional 1.5% per month on the account and all collection fees for any past due amount owed to MT2. MT2 Final Invoice will be submitted to the Customer along with the Range Maintenance Report and Lead Recycling Certifica tes. Address for Correspondence/Notices See above Attachments (as checked) General Conditions (Pages 1-4) MT2 Proposal dated 06/30/2022 Contractor: Metals Treatment Technologies, LLC Customer: Carmel Police Department Signature Date Signature Date Michael Burkett, Executive Vice President General Conditions Initial:_______ Page 1 1.0 RESPONSIBILITY Contractor shall perform the work with diligence, in accordance with good construction practices and in accordance with the d rawings, specifications, procedures, and other requirements of this Agreement. Contractor shall furnish all supervision, labor, facilities, storage, equipment, materials, supplies, and services necessary to perform the work unless otherwise specified in the Project Offer. Contractor shall be solely respon sible for payment of all insurance premiums required hereunder. The cost of all wages, salaries, tools, supplies, parts, machinery, equipment, and exp enses of whatever nature or description arising out of this Agreement are to be borne by Contractor. Contact pricing assumes site conditions are within general industry standards. MT2 services include assessing the site and noting existing conditions. Noted conditions outside of those defined in this contract or within general industry standards will be consid ered "changed conditions" and must be addressed prior to MT2 performance of services. Addressing changed conditions includes MT2 notification to Client of changed conditions and agreement by Client and MT2 of additional charges to address the changed condi tions. If an agreement between MT2 and Client cannot be reached, MT2 reserves the right to cancel the services and charge a demobilization/cancellation fee of $7,500. 2.0 INDEPENDENT CONTRACTOR Contractor shall perform the work as an independent contractor with exclusive control of the methodology and means of performing the work. Contractor has no authority to act or make any agreements or representation on behalf of Customer, unless expressly authorized in writing, and this Agreement shall not be construed as creating, between Customer and Contractor, the relationship of Principal and Agent, Joint Ventures, Co-Partners or any other such relationship, the existence of which is hereby expressly denied. 3.0 EXAMINATION OF JOBSITE Contractor warrants that it has examined the jobsite, and has satisfied itself as to the nature and location of the work, the general and local condition, and ground conditions at the jobsite. 4.0 SUPERVISION BY CONTRACTOR Contractor shall retain at the jobsite a competent manager who shall represent Contractor and who shall have full and complet e authority to act in behalf of Contractor. 5.0 INDEMNITY Contractor shall indemnify and hold Customer harmless and assume the defense for losses, damages, settlements, costs, charges or other expenses or liabilities arising out of or relating to liabilities, losses, liens, demands, obligations, actions, proceedings, or causes of action arising out of any actual: 1) failure of Contractor to comply with any law, ordinance, regulation, rule or order of any governmental or regulatory body; 2) improper, sub-standard, inadequate, willful or negligent performance of this Agreement. 6.0 SCHEDULES Contractor shall execute the work diligently with sufficient numbers of qualified personnel, equipment, materials, and supplies to accomplish the work. Any special working hours will be subject to prior approval of Customer 7.0 TERM This Agreement is valid for one (1) year from the date the Contract Agreement Form is signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three (3) years. Should the Cu stomer no longer need this service or not have appropriated funds, this Agreement can be terminated. 8.0 SAFETY AND CLEANUP Contractor shall be responsible for the health and safety of its employees while present at the jobsite. Contractor shall com ply with all applicable laws, rules and other regulations relating to safety, including but not limited to those set forth in the Occupational Health and Safety Acts (OSHA). Contractor shall keep the premises and vicinity of the work clean of debris and rubbish. 9.0 SUBCONTRACTING AND ASSIGNMENT Contractor shall not assign or further subcontract any portion of the work to be performed under this Agreement unless specified in Contractor’s proposal scope of work, without Customer’s prior written consent. Contractor shall include these general conditions as part of its subcontract agreement when applicable. Any subcontracting shall not relieve the Contractor of its duties and obligations under this contract. General Conditions Initial:_______ Page 2 10.0 TERMINATION This Agreement may be terminated upon seven (7) days' written notice for Customer’s convenience without regard to any fault or failure to perform by any party. If within five (5) days written notice by Customer to Contractor specifying any deficiency in the work, the promptness with which it is being performed, Contractor has not commenced to correct and within a reasonable time corrected such deficiency to the satisfaction of Customer; or if Contractor becomes bankrupt or insolvent or goes or is put into liquidation or dissolution, either voluntarily or involuntarily, Customer may terminate the Agreement. If work of Contractor is suspended or terminated by Customer for whatever reason, Contractor will be paid for the work actually completed and for costs incurred for partially performing and closing out work not completed. Contractor may terminate this Agreement upon seven (7) days written notice to Customer due to a material contract breach or due to failure of Customer to provide payment to Contractor as specified. 11.0 PAYMENT TERMS AND CONDITIONS 11.1 Payment Terms Upfront payment, if required, prior to Contractor mobilization as specified in Contract Agreement Form. Progress and/or Final Payment(s) due to Contractor Net 30 days upon Customer receipt of monthly Contractor invoice, or as otherwise specified in Contract Agreement Form. If Customer payment is late, Customer agrees to pay Contractor an additional 1.5% per month on the account and all collection fees for any past due amount owed to Contractor. 11.2 Changes to the Work Customer may in its absolute discretion restrict, modify or extend the obligations of Contractor under this Agreement and to the extent that Customer's direction results in increasing or decreasing the scope of Contractor's Services under this agreement, the compensation paid to Contractor will be equitably adjusted by Customer based upon mutual agreement with Contractor. 12.0 RECORDS AND ACCOUNTS Contractor will maintain good accounting and personnel records reflecting performance of the work and shall preserve such rec ords for a period of three (3) years after completion and acceptance of the project as a whole. 13.0 DISPUTES 13.1 Direct Dispute Resolution Effort In the event of a question, claim, or dispute between the Contractor and Customer (the Parties) arising out of or relating to this Agreement or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, such question, claim, or dispute shall be settled by mutual agreement between the Parties. The Parties shall attempt in good faith to resolve through negotiation any claim, dispute, controversy, or counterclaim arising out of or relating to this Agreement. Either Party may initiate dispute negotiations by providing written notice in letter form to the other Party, setting forth the nature of the dispute and the relief requested. The recipient of such notice shall respond within five (5) business days with a written statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority shall meet at a mutually agreeable time and place within te n (10) business days from the date of the initial notice (unless otherwise mutually agreed between the Parties) to exchange relevant information and perspectives, and to attempt to resolve the dispute. If agreement between the Parties cannot be reached within 15 calendar days from date of initial written notice, either Party may file for mediation. 13.2 Mediation All claims, disputes and other matters in question arising out of or related to this Agreement remaining after the 15-day Direct Dispute Resolution Effort shall be subject to 30 day mediation period (unless otherwise mutually agreed between the Parties) as a condition precedent to arbitration. Customer and Contractor shall endeavor to resolve claims, disputes and other matters in question between them in accordance with the C onstruction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing no sooner than 30 days after written dispute notification between the parties. The parties shall share the mediator’s fee and filing fees equally. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13.3 Arbitration Subject to the condition precedent set forth in Mediation (above) of this Agreement, all claims, disputes and other matters in question arising out of or relating to this Agreement or breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifica lly enforceable under the prevailing arbitration law and shall be initiated upon written notice by either party. The arbitration shall not exceed 60 days unless extended by mutual agreement between the Parties. The award rendered by the Arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. General Conditions Initial:_______ Page 3 13.4 Non-Disparagement: Within 60 days after first notification of an issue or dispute to the other party, to allow for reasonable resolution, both p arties agree to refrain from any and all conduct, verbal or otherwise, including without limitation any postings on the internet or social media, that disparages, demeans or damages the reputation, goodwill, or standing of the other party. The foregoing restrictions will not apply to any statements that ar e made truthfully in response to a subpoena or other compulsory legal process. T his provision is necessary to ensure fair and honest feedback and to prevent the publishing of libelous or slanderous content in any form and in any forum 14.0 WORKMEN AND EMPLOYMENT PRACTICES Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, age, or for any reason prohibited by law. 15.0 INSURANCE Contractor shall provide insurance for the benefit of Contractor and Customer with minimum coverage’s and limits as follows: a) Workers Compensation and Employers Liability $1,000,000 b) Automobile Liability $1,000,000 c) Commercial General Liability (General Aggregate) $2,000,000 d) Pollution and Professional Liability (Aggregate) $2,000,000 e) Umbrella Liability (Excess Liability) $8,000,000 Notes: General Liability: Covering bodily injury and property damage, and including contractual liability, independent contractors, products/complete d operations, broad form property form property damage and hazards. Automobile Liability: Covering owned, non-owned and hired automobiles, for Bodily Injury and Property Damage. Umbrella Liability: Covering Automobile, General and Pollution Liability, and Employers Liability. 16.0 FORCE MAJEURE An event of “Force Majeure” occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of government or other autho rities, law enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties, or inability to provide a safe working environment for employees. In the event of Force Majeure, the obligations of Contractor to perform the Services shall be suspended for the duration of the event of Force Majeure. In such event, Contractor shall be equitably compensated for additional expenses incurred during the event of Force Majeure and the sche dule shall be extended by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or more, Contractor may, in its sole discretion, upon seven (7) days prior written notice, terminate this Agreement. In the case of such termination, in addition to the compensation and time extension set forth above, Contractor shall be compensated for all reasonable termination expenses. 17.0 LAWS This Agreement shall be construed and governed by laws of the state in which the project is located. Contractor shall comply with laws, statutes, ordinances, rules and regulations of any governmental entity having jurisdiction over the work. 18.0 CONFIDENTIAL INFORMATION AND TECHNOLOGY Processes and techniques used by Contractor are considered proprietary and confidential technologies belonging exclusively to Contractor. The Customer acknowledges this statement and agrees not to copy, adapt or re-engineer the processes and techniques of lead recovery developed and used by Contractor for the Customer own use. The Customer also agrees not to commercialize and/or market the processes and techniques developed by Contractor to provide lead recovery services to other clubs, organizations or businesses involved with shooting ranges. Customer may not capture Contractor’s equipment, processes, or techniques (whether electronic or film) without explicit approval by the Contractor. Di ssemination of photos or videos without Contractor written approval is prohibited. Any requests should be submitted in writing to: Metals Treatment Te chnologies, LLC; 14045 W 66th Avenue, Arvada, CO 80004. 19.0 WORKMEN AND EMPLOYMENT PRACTICES Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, age, or for any reason prohibited by law and Subcontractor shall comply with Executive Order 11246, or any amendment, replacement or counterpart thereof. General Conditions Initial:_______ Page 4 20.0 NOTICES All notices required or permitted under this Agreement shall either be personally delivered or placed in the United States ma il, first class postage prepaid, and shall be deemed received upon the earlier of the date of actual receipt or forty-eight (48) hours after being placed in the United States mail. Such notices shall be sent to the parties at the addresses stated below: Metals Treatment Technologies, LLC 14045 West 66th Avenue Arvada, CO 80004 Attn: Mr. Michael Burkett, Executive Vice President 21.0 ENTIRE AGREEMENT No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. Th ere are no promises, agreements, conditions, undertakings, warranties, and representations, written or oral, express or implied, between the parties hereto other than as set forth herein. This Agreement is an integration of all prior and contemporaneous promises, agreements, conditions, underta kings, warranties, and representations between the parties hereto. Statement of Confidentiality: Metals Treatment Technologies, LLC (MT2) has prepared this document for discussion purposes only. It is provided on a confidential basis. This document is the sole property of MT2 and must be returned upon demand. By accepting this document, the recipient agrees to keep confidential the information and concepts contained herein or made in connection with any further investigation of the Company. In addition, the recipient agrees not to reproduce this document in whole or in part without the prior written consent of MT2. Budgetary Proposal Firing Range Lead Maintenance Prepared for: Carmel Indiana Police Department Three Civic Square Carmel, IN 46032 Prepared by: Metals Treatment Technologies, LLC 14045 W 66th Avenue Arvada, CO 80004 www.mt2.com 888-435-6645 July 11, 2022 Exhibit A Firing Range Lead Maintenance Carmel Police Firing Range Page i MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com Table of Contents 1.0 FIRING RANGE LEAD MAINTENANCE ............................................................................. 1 1.1 PROJECT DESCRIPTION ....................................................................................... 1 2.0 TECHNICAL APPROACH .................................................................................................. 2 3.0 PRICING ............................................................................................................................. 5 3.1 PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS .......................... 5 3.2 CLIENT RESPONSIBILITIES: ................................................................................. 6 3.3 PROJECT SCHEDULE ............................................................................................ 6 4.0 MT2 OVERVIEW ................................................................................................................. 7 4.1 MT2 EXPERIENCE ................................................................................................. 8 5.0 OVERVIEW OF ECOBOND® TECHNOLOGIES ................................................................ 9 Firing Range Lead Maintenance Carmel Police Firing Range Page 1 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com 1.0 FIRING RANGE LEAD MAINTENANCE Metals Treatment Technologies, LLC (MT2) proposes to provide firing range lead maintenance services at the Carmel Police Firing Range (Customer) firing range. All work will be performed in accordance with applicable Federal, State, and local safety and environmental regulations including US Department of Labor regulations as well as achieving compliance with OSHA, US EPA, State, and NRA and NSSF recommended firing range environmental Best Management Practices (BMPs). 1.1 PROJECT DESCRIPTION Based on the reported range usage, and typical usage at similar ranges, it is reasonable to expect 2-4 tons of lead may be recovered and recycled from the backstop berms and apron areas. MT2 has estimated soil quantities for processing pending final specifications. MT2 will excavate and process soil from the backstop berms until lead reclamation becomes economically infeasible and/or 80-90% of lead bullets and bullet fragments (measured as weight percent) are removed. Estimated Project Quantities Range/Berm Berm Width linear ft) Berm Face Height (ft) Est. Cut Depth avg. ft bgs) Est. Soil Volume CY) Rifle / Pistol Backstop Berm 80 12 2 71 Total 75-80 CY Site Map Firing Range Lead Maintenance Carmel Police Firing Range Page 2 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com 2.0 TECHNICAL APPROACH Berm Excavation Lead Removal & Recycling Berm Reconstruction THE MT2 LEAD RECLAMATION PROCESS RANGE PROJECT SETUP BY TRAINED & CERTIFIED CREW: Work crew mobilizes and sets up our specialty equipment, sets up lead dust containment and ventilation; walks range with owner to conduct pre-work planning. WORK PROCESS: Reclaim lead, restore traps/berms and clean range. ALL work follows written Health and Safety and Work Plans. We are OSHA/EPA Experts with no violations, and we take no shortcuts. JOB COMPLETION: Finish site work, clean up, containerize, weigh & arrange for transportation of lead drums for recycling and LEGALLY dispose of your lead waste. Optional onsite lead waste treatment with ECOBOND® to ensure you NEVER Generate Hazardous Waste. GUARANTEED! Provide range with detailed log on amount of lead reclaimed and waste. FINAL REPORT (typically 1-2 weeks later): Prepare final report & important records for range to keep, including: waste manifests, lead reclamation certificates, and other important details to support final project completion to protect you & your range if EPA asks for documentation! LEAD PROCEEDS: Supply lead reclamation proceeds check to owner, or offset range service costs as per previously approved contract, ensuring no surprises! Or use lead proceeds in the MT2 Firing Range Lead Credit Store with a 16,000+ catalog of premium products from filters to firearms and more! Receive your lead proceeds within 10 days! BASELINE SERVICES: MT2’s technical approach for firing range lead maintenance includes: Project Setup: o Prepare the following project plans, as needed: Work Plan, Health & Safety Plan, Waste Management Plan, SWPPP, Erosion Control Plan o Install erosion control and storm water protection measures such as silt fence, waddles and hay bales to protect work areas, drainages and the environment o Complete a site walk-over with Customer representative to identify excavation/processing areas MT2 will minimize the impact on range operations: By implementing our proven methods of containment and staged remedial activities, your project will be effortlessly scheduled and successfully completed with minimal down-time for your range. Firing Range Lead Maintenance Carmel Police Firing Range Page 3 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com o Establish temporary access, site access control, traffic control, and placing appropriate signage o Set up of processing area and equipment Berm Excavation: Excavate soil from the operating backstop berms and apron area or shot fall zone o Excavate estimated depth of 1.0-2.0 feet of soil from the backstop berms or deeper if concentrations of bullets appear economically feasible to recover at deeper depths Lead Reclamation: Separate lead bullets/bullet/shot fragments from the excavated soils o Separate sand material from bullet and bullet fragments using the EPA-required two-step process MT2’s Separation System is comprised of a multi-tiered screen plant to provide gross separation of sand material from bullets and bullet fragments based on size, and MT2’s proprietary finishing system to finish the separation based on density o Remove 90% (weight percent) lead bullets and bullet fragments greater than ¼” as measured in samples collect before and after screening Lead Recycling: Recycle recovered lead providing Customer a split of the net value of recycled lead as indicated in Section 3.0 Pricing o Containerize and securely store recovered lead for shipment, coordinate and ship the clean recovered lead to a licensed lead recycler, providing Customer with necessary documentation to show appropriate recycling o MT2 guarantees to pay the highest percent of LME lead value. MT2 is committed to getting you the absolute highest value for your range lead so we offer the opportunity to lock in the lead credit value at: 1) The time of contracting 2) When we arrive onsite and package the lead Berm Reconstruction: Re-install processed soils back onto the firing range berms o Return screened fines to berm of origin o Replace oversize materials to range at a mutually agreed upon location o Place additional Customer-provided MT2 provided clay/soil mixture or ballistic sand <¼” to backstop berms o Perform general site cleanup Demobilization & Final Report: MT2 will develop a range maintenance report to provide the Customer with proper record keeping as recommended by the US EPA, NRA, and NSSF OPTIONAL SERVICES: If requested, MT2 can provide the following optional services; Section 3.0 provides pricing: Guaranteed Lead-Impacted Soil Treatment: Application of MT2’s patented and proprietary ECOBOND® treatment technology to mitigate potential physical, occupational, and environmental hazards associated with high concentration of lead and other metals in soils to meet US EPA Best Management Practices for Lead at Outdoor Shooting Ranges (US EPA, 2005); Use of ECOBOND® When you use MT2, the Range receives $$ in a check, or as credit at the nation’s leading Firing Range Supply Store with preferred pricing. MT2 has developed a strategic alliance with a national distributor of firearms, ammunition and shooting accessories with a 16,000+ catalog of premium firearms & accessories: o Serves retail gun shops, major sporting goods stores, gun clubs, shooting ranges and government agencies since 1984 o Supplier of nearly 100 of the world’s premier shooting industry manufacturers Application of MT2’s patented and proprietary ECOBOND® treatment technology to mitigate potential physical, occupational, and environmental hazards associated with high concentration of lead and other metals in soils to meet US EPA Best Management Practices for Lead at Outdoor Shooting Ranges (US EPA, 2005); Use of ECOBOND® complies with US EPA and state regulatory agencies. Firing Range Lead Maintenance Carmel Police Firing Range Page 4 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com complies with US EPA and state regulatory agencies. Section 5.0 provides an overview of ECOBOND® Technologies. Environmental Stewardship Planning to NSSF, NRA, and EPA Guidance Standards: Complete an environmental review of the range and prepare a range-specific Environmental Stewardship Plan ESP) to summarize range conditions and provide BMP recommendations pertaining to range maintenance and operations; this plan will assist the Customer in ensuring compliance with US EPA regulations, as well as shooting range BMPs over the life cycle of the range. Firing Range Lead Maintenance Carmel Police Firing Range Page 5 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com 3.0 PRICING MT2 has developed the following pricing for lead maintenance services. Baseline Firing Range Lead Maintenance Task QTY Unit Price 1 Upfront Payment: Plans, Mobilization, Site Setup and Preparation 1 Lump Sum $6,000 2 Lead Maintenance: Excavation, Lead Recovery, Lead Recycling, Replacement of Screened Soil to Berms, and Berm Reconstruction Up to 80 CY Lump Sum $29,000 3 Final Payment: General site clean-up, Demobilization, and Final Report 1 Lump Sum $1,500 36,500 Estimated Lead Recycling Value 4 Estimated Lead Recycling Value 2-4 tons 0.65 Per lb 1,300 - 2,600) 1/ Optional Services 2/ 5 Optional: Guaranteed ECOBOND® Treatment of Soils 2-4 tons Tbd tbd 7 Optional: Environmental Stewardship Plan 1 Lump Sum $7,500 2/ 1/ MT2 owns the recovered lead; MT2 will provide the Client 50% split of the net value of recycled lead. Net value is determined as the recycled value of the material less the same percent of the cost of containers, pallets, handling equipment, transport, and applicable taxes, to be used to offset project costs. MT2 does not guarantee the value or quantity of recovered lead. The actual value of recycled lead will be determined at the time of recycling. The Estimated Lead Recycling Credit is based on a reasonable estimate of the amount of recoverable lead and current lead recycle value per pound 2/ Pricing for optional tasks is valid if performed at the time of lead maintenance tasks, no field investigations are included with the ESP preparation 3.1 PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS applicable if marked ) Pricing based on standard workdays (0700-1700 M-F). SWPPP is is not required. Customer will provide MT2 access to nearby water source (e.g. hydrant) and pay for water and associated items such as permit/meter/hose as needed. MT2 will utilize a water truck or trailer to provide dust suppression sprinkling as needed during excavation and separation operations. Pricing does not include management of live ammunition, only spent rounds. If live ammunition is discovered, it will be left onsite for Customer to manage. If applicable MT2 will use appropriately-sized and/or rubber tire equipment and use caution to work around existing range appurtenances with limited access (e.g. backstop berm soils imposed by range knee walls, target systems, overhead baffles, and sidewalls). MT2 will not be responsible for damage to the range, range equipment, or appurtenances should damage occur during processing. Firing Range Lead Maintenance Carmel Police Firing Range Page 6 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com Measurement of quantities will be based field measurement each day; signed-off daily by MT2 and Customer; and recorded in daily project log MT2 will perform dry decontamination of equipment before demobilization. MT2 pricing includes: Prevailing Wage Rates Bonding Retainage Liquidated Damages Pricing is based on fuel charges not exceeding $6/gal on diesel and $5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated “U.S” price https://www.eia.gov/petroleum/gasdiesel/listed). If the USEIA price of fuel is higher than these rates at time of service, MT2 reserves the right to negotiate a fuel surcharge MT2 pricing is subject to MT2 review and approval of final contract terms and conditions. MT2 pricing valid for 90 days. This Agreement is valid for one (1) year from the date the Agreement is last signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three (3) years. Should the Customer no longer need this service or not have appropriated funds, this Agreement can be terminated. MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived from the shooting range operations or from the act of shooting at the shooting range to include but not be limited to bullet or fragment ricochets, or for bullets or shot leaving range containment. 3.2 CLIENT RESPONSIBILITIES: Obtain necessary approvals/permits Ensure MT2 safe access to the range site Complete utility locates and identify any potentially impacted utilities, drainage systems, etc. Remove range equipment, vegetation and materials such as timbers, scrap piles, material piles, fencing, concrete slabs, asphalt, and large debris from the lead-impacted soils area Protect or remove knee walls; Remove target stands/systems, if applicable Customer to provide Upfront Payment prior to MT2 mobilization, if required above, prior to MT2 mobilization. Progress Payment(s) and Final Payment due Net 30 days upon receipt of MT2 invoice. If Customer payment is late, Customer agrees to pay an additional 1.5% per month on the account and all collection fees for any past due amount owed to MT2. MT2 Final Invoice will be submitted to the Customer along with the Range Maintenance Report and Lead Recycling Certificates. Replace knee walls, target stands/systems Re-seed or re-vegetation of the site, as applicable 3.3 PROJECT SCHEDULE Project schedule depends on “dry” conditions prior to and during onsite operations. MT2 will coordinate arrival with the Customer to identify a time when dry conditions exist 1-2 weeks prior to arrival and followed by anticipated dry conditions. MT2 can begin this project as early as Summer/Fall 2022 weather permitting. Contract work time shall be extended as necessary to allow for completion due to wet weather impacts. Firing Range Lead Maintenance Carmel Police Firing Range Page 7 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com 4.0 MT2 OVERVIEW Experience you can trust! MT2 is the #1 and largest nationwide professional firing range lead reclamation, maintenance, cleaning & construction contractor. We offer a wide range of outdoor firing range services from routine range maintenance, cleaning, lead/brass reclamation, and recycling, to trap reconstruction, soil stabilization, all the way to remediation and closure, to best serve your range needs. Our personnel have on average 24 years industry experience – this expertise saves time and money for our customers since there will be no learning curve that may be incurred by less experienced firms. MT2 staff maintain applicable certifications (e.g. OSHA HAZWOPER) and licensing. MT2 is the #1 Largest Nationwide Professional Firing Range Lead Reclamation, Maintenance, Cleaning & Construction Contractor Specializing In: o Lead: Treatment, Screening & Reclamation to MAXIMIZE Your Lead Value o Environmental: EPA & OSHA Consulting, Remediation, Soil/Waste Treatment, and Closure o Maintenance: Soil and Rubber Berms, Traps, Lead Remediation, and Range Improvements o Construction: Renovation, Design/Build, Improvements, Dismantling/Demolition MT2 is the Only Nationwide Firing Range Services Provider: MT2 operates from our network of regional offices and offers full 50 state coverage with OSHA & EPA-certified work teams to provide fast, professional service to fulfill your project needs and schedule. MT2 has completed over 3,000 firing range projects nationwide Lead Removal & Recycling – MT2 exclusively guarantees the highest value for your range lead: MT2 has performed lead reclamation in all 50 states nationwide to remove and recycle over 15,000,000 lbs. of lead. To maximize lead recovery, MT2 uses our proprietary lead separation systems to separate lead from soils based on size, and “finish” the process by separating lead from like-size materials based on density. MT2 guarantees to pay the highest percent of LME lead value– we have credited > $5,600,000 to range owners from lead recycling. Lead Recycling Credit Options: MT2 guarantees to pay the highest percent of LME lead value. MT2 is committed to getting you the absolute highest value for your range lead so we offer the opportunity to LOCK IN the lead credit value at: 1) The time of contracting or 2) When we arrive onsite and package the lead - You are in control! When you use our National Service Team to generate maximum lead recycling credit, the Range receives $$ in a check, or as credit at the nation’s leading Firing Range Supply Store with preferred pricing. MT2 has developed a strategic alliance with a national distributor of firearms, ammunition and shooting accessories with a 16,000+ catalog of premium firearms & accessories, they have served retail gun shops, major sporting goods stores, gun clubs, shooting ranges and government agencies since 1984; and are a supplier of nearly 100 of the world’s premier shooting industry manufacturers. You are not limited to using your lead credit for only bullets or targets and we have negotiated highly preferred pricing for you from filters to firearms. Exclusive Lead -Contaminated Soil and Waste Treatment: MT2 utilizes our exclusive patented and proprietary ECOBOND® technology to treat lead-impacted soils/waste during lead maintenance projects to save an average of 50% on waste disposal or to mitigate potential physical, occupational, and environmental hazards associated with high concentrations of lead in range soils; as well as achieve compliance with OSHA, US EPA, State, and NRA and NSSF recommended firing range environmental Best MT2 is the Nation’s #1 and largest nationwide professional firing range services provider 20 years’ experience 3,000 firing range projects nationwide Lead Recovery of > 15,000,000 lbs MT2 exclusively guarantees to pay the highest percent of LME lead value– we have credited > $5,600,000 to range owners from lead recycling Maintenance, renovation, construction, Design/Build, improvements, soil treatment, and closure Successful ECOBOND® treatment of 10,000,000 tons of lead impacted soils/waste Firing Range Lead Maintenance Carmel Police Firing Range Page 8 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com Management Practices (BMPs). ECOBOND® is regularly approved and even specified for use by US EPA and state regulatory agencies. MT2’s Liability Defender Compliance & Performance Promise: Your choice of a lead reclamation contractor could expose your range to US EPA hazardous waste fines up to $50,000 per day (penalties double for subsequent violations) and potential criminal charges. A range owner ALWAYS retains responsibility for ALL lead waste and materials derived from their range even if it is their chosen contractor that improperly handles, transports, or disposes of the lead waste. o When you hire MT2, you can rely on and trust our extensive prior track record as the industry leader. In addition, we are the only lead reclamation company to guarantee performance with a $10,000,000 environmental and lead pollution insurance liability coverage package that protects range owners and managers from claims or occurrences of lead hazard violations, penalties, and cleanup expenses. o MT2 has never received OSHA or EPA violations. In fact, not only does MT2 comply with regulations, we also helped establish industry standards for environmental and safety methods. MT2’s zero- tolerance for regulatory violations gives range owners the peace of mind that their project will be successfully completed on a guaranteed schedule. Environmental Stewardship Planning: MT2 has extensive experience assisting range owners understand and meet recommended firing range Best Management Practices including the development of 100’s of site-specific Environmental Stewardship Plans to NSSF, NRA, and EPA guidance standards. Firing Range Design and Construction: With over 20 years’ experience, MT2 is a fully integrated professional and technical services firm positioned to design and build projects nationwide for public and private sector clients. MT2 was recently recognized as an Inc. 5,000 fastest growing company and is the ONLY contractor who is the premier all-in-one solution for firing range assessment, and lead maintenance and reclamation who also provides the fully integrated combination of design and build construction services. With our knowledge of federal, state, and local compliance orders, as well as technical and US EPA RCRA requirements, we can manage, monitor, and inspect progress to ensure services are preformed to necessary standards. 4.1 MT2 EXPERIENCE MT2 brings extensive experience in firing range lead removal, contaminated soil stabilization, environmental remediation, permitting, and project management for a broad range of government, commercial, industrial, municipal and engineering clients. Our key project personnel have an average of 24 years of relevant experience. With a staff of engineers, chemists, scientists, technicians, equipment operators, supervisors, project managers and management specialists, MT2 delivers quality work completed safely, on time and within budget. MT2 personnel routinely deliver turnkey deployment, including baseline sampling and characterization, treatment optimization, field operations and management and final report preparation. Firing Range Lead Maintenance Carmel Police Firing Range Page 9 MT2 | 14045 W 66th Ave. Arvada, CO 80004 | P: 1-888-435-6645 | F: 303-456-6998 | www.mt2.com 5.0 OVERVIEW OF ECOBOND® TECHNOLOGIES MT2 maintains a broad portfolio of patented and proprietary chemical metals stabilization processes; known as ECOBOND® that provide virtually permanent stabilization of all heavy metals. The MT2 processes are previously approved by the US EPA and are non-hazardous. The resulting treated soils contain extremely stable metal compounds that virtually eliminate the leaching of metals to the environment. The strength and effectiveness of the stabilization has been verified using the EPA's TCLP test parameters and Multiple Extraction Procedure (MEP) tests. Advantages of ECOBOND® chemical stabilization also include its robust capability and ease of application. The technology can be applied in a wet or dry form and can be used to stabilize metals in- situ or ex-situ. These varied applications make it ideal for use at a wide range of metals contaminated sites. At some sites the technology can be surface applied and mixed into soil in its dry form. At other sites the technology can be sprayed in its wet form onto the contaminated material in a topical fashion. In addition to the technical and application advantages, the cost of utilizing chemical stabilization to treat heavy metals contamination is attractive. By being able to treat metals contamination to EPA RCRA or Universal Treatment Standards (UTS), stabilized waste can often be left on-site rather than transported offsite to a hazardous landfill. The disposal cost savings for stabilized metals can often be measured in the hundreds of dollars per ton. Table 1 MT2 Metals Treatment Results (TCLP) Pre-Treatment TCLP Post-Treatment TCLP Regulatory Standards Waste Stream Metals (ppm) (ppm) RCRA (ppm) UTS (ppm) Mill Tailing As 2,200.0 1.030 5.0 5.000 Sludge Cd 160.0 0.100 1.0 0.110 Mill Tailing Cr 14.0 <0.050 5.0 0.650 Industrial Site Ba 249.0 0.030 100.0 210.0 Industrial Site Pb 980.0 0.250 5.0 0.750 Firing Range Pb 977.0 0.180 5.0 0.750 Mine Tailing Zn 108.0 2.000 NA 4.300 Mill Tailing Se 190.0 0.890 1.0 5.700 Chemical Waste Hg 500.0 0.070 0.2 0.025 TCLP = Toxicity Chemical Leaching Procedure MT2 ECOBOND® ADVANTAGE Lower Cost: Typically 30%-50% lower cost Reduction of Environmental Liability: Significantly reduces potential of long-term liabilities Proven Technology: Technology previously approved by EPA and state regulators with guaranteed, field validated reliability Best Available Technology: Virtually permanent chemical process, strength and durability to 1,000 years verified by EPA approved testing INDIANA RETAIL TAX EXEMPT City ®f Carmel CERTIFICATE NO. 003120155 002 0 jFEDERAL 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. 7/ 26/2022 373487 METALS TREATMENT TECHNOLOGIES LLC VENDOR 14045 W 66TH AVE ARVADA, CO 80004 - PURCHASEID BLANKET I CONTRACT PAYMENT TERMS QUANTITY I UNIT OF MEASURE DESCRIPTION Department: 1110 Fund: 101 General Fund Account: 43-501.00 1 Each Range Lead Maintenance Task Send Invoice To: Carmel Police Department Accounts Payable 3 Civic Square Carmel, IN 46032- DEPARTMENT Page 1 of 1 PURCHASE ORDER NUMBER 106699 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Carmel Police Department SHIP 3 Civic Square TO Carmel, IN 46032- Don Kirch FREIGHT UNIT PRICE EXTENSION 23, 250.00 $23,250.00 Sub Total $23,250.00 PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $ 23,250.00 SHIPPING INSTRUCTIONS ' A/ P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C. O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jim Barlow James Crider TITLE Chief Director of Administration CONTROL NO. 106699 CONTROLLER CzTfshfzHsfdivlijobu23;14qn-Bvh1:-3133 Exhibit A 11/9/2021 OFFICEWORKS FISHERS, IN 46037 - 105727 12000 EXIT FIVE PKWY City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Renovation of entire B&C Office - 12 staff workstations and 3 support stations Dept of Community Service 1 Civic Square Carmel, IN 46032- 00351202 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 60946 1192Department:101Fund:General Fund 43-509.00Account: Furniture install, support andservice1 $19,094.08 $19,094.08Each 19,094.08SubTotal 44-630.00Account: Furniturepurchase1 $39,832.39 $39,832.39Each 39,832.39SubTotal 58,926.47 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105727 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration Amount remaining on PO $6,604.46 11/24/2021 OFFICEWORKS FISHERS, IN 46037 - 105807 12000 EXIT FIVE PKWY City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Funds to replace old chairs for staff Dept of Community Service 1 Civic Square Carmel, IN 46032- 00351202 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 61287 1192Department:101Fund:General Fund 44-630.00Account: StaffChairs1 $1,500.00 $1,500.00Each 1,500.00SubTotal 1,500.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105807 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh Director CzTfshfzHsfdivlijobu3;65qn-Bvh14-3133 Rejuvtec, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 106714 Contract Not To Exceed $146,031.00 AGREEMENT FORPURCHASE OFGOODS ANDSERVICES 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 Rejuvtec, Inc., an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. 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 2201 2201 43-502.00 Motor Vehicle Highway 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. Vendor will not perform any of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vendor shall perform only those Services specifically detailed in the Notice. If the Vendor desires clarification of the scope of any Notice to Proceed, the Vendor shall obtain such clarification from the City in writing, prior to performing the service set forth in the Notice to Proceed. Any services performed without the City’s prior express written authorization will not be compensated. 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 One Hundred Forty Six Thousand Thirty One Dollars ($146,031.00) (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 and any attachments, references and/or addendums thereto, 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. 4. 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 pursuant to or as part of that certain City of Carmel Street Department Bid Proposal Package for “22-STR-06 Road Rejuvenation” received by the City of Carmel Board of Public Works and Safety on or about July 20, 2022, 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: S:\\Contracts\\Departments\\Street\\2022\\Rejuvtec, Inc. Goods and Services.docx:8/3/2022 10:52 AM\] 1 Rejuvtec, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 106714 Contract Not To Exceed $146,031.00 This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Street\\2022\\Rejuvtec, Inc. Goods and Services.docx:8/3/2022 10:52 AM\] 2 Rejuvtec, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 106714 Contract Not To Exceed $146,031.00 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\\Street\\2022\\Rejuvtec, Inc. Goods and Services.docx:8/3/2022 10:52 AM\] 3 Rejuvtec, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 106714 Contract Not To Exceed $146,031.00 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 Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Rejuvtec, Inc. 1316 Deloss Street Indianapolis, Indiana 46203 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\\Street\\2022\\Rejuvtec, Inc. Goods and Services.docx:8/3/2022 10:52 AM\] 4 Rejuvtec, Inc. Street Department - 2022 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 106714 Contract Not To Exceed $146,031.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Departments\\Street\\2022\\Rejuvtec, Inc. Goods and Services.docx:8/3/2022 10:52 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: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. 8/1/2022 REJUVTEC INC INDIANAPOLIS, IN 46203 - 106714 1316 DELOSS STREET City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION 22-STR-06 Road Rejuvenation Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 376665 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 67779 2201Department:2201Fund:Motor Vehicle Highway FND 43-502.00Account: RoadRejuvenation1 $146,031.00 $146,031.00Each 146,031.00SubTotal 146,031.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 106714 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED CRED BREWER 8-10-22 CPD KEITH 8-9-22 CFD HEAVNER 8-9-22 **THIS IS AN AMENDED REQUEST. THE EVENT HAS BEEN APPROVED BUT MR. PRICE IS NOW REQUESTING PARKING SPACES ON ELM STREET. SEE "STREET REQUESTED" SECTION AND THE MAP FOR DETAILS. CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 8-4-22 CRED BREWER 8-5-22 CFD HEAVNER 8-8-22 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 GENERAL INFORMATION Kat Fenoglio Compass Indiana LLC City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Address Line 2 For-Profit Organization August Sales Meeting for our agent community. Realtor Carrie Holle is our first founding agent and a member of your Carmel Plan Commission. We would appreciate using the projector in the room with your screen. We can provide our own laptop and connectors. Room set up: Classroom style with (10) 5-ft tables and 40 chairs. 20 add't room chairs on perimeter. 8/23/2022 8/23/2022 50 09:30:00 AM 12:00:00 PM ------------------------------------------------------------------------------------------------ ------------------------ Boardroom style with 30 chairs around perimeter. CLERK 8-10-22 BPW 8-17-22 Event Start time: Event end time: Room may be divided into sections or can be one large room. Choose the size that you need. Seating capacity: 126 chairs only. Room has an 8.5 counter area with 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? Equipment needed: Equipment not provided: Computers or connection/electrical cords. Other: How many? 10:00:00 AM 11:30:00 AM ROOM REQUESTED CAUCUS ROOM 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 30 chairs Classroom Theater (chairs only) 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? 20 chairs Note: Extra tables/chairs available: 34 chairs, eight 4-foot tables, six 6-foot tables. ROOM REQUESTED COUNCIL CHAMBERS Seating capacity: 140 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. x x (May move to Chambers if attendance increases and room is available.) --- Keep boardroom style CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 7-25-22 CRED BREWER 8-5-22 CFD HEAVNER 8-8-22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CFD HEAVNER 7-22-22 CPD KEITH 7-22-22 CRED BREWER 7-22-22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 7-27-22 CFD HEAVNER 7-28-22 CRED BREWER 7-29-22 Hubbard CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 7-22-22 CFD HEAVNER 7-22-22 CRED BREWER 7-22-22 Overbrook Farms HOA ------------ 8-20-22Rain/back-ip date 8-21-22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 7-25-22 CFD HEAVNER 7-25-22 CRED BREWER 7-27-22 --------10:00 PM CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAL CPD KEITH 8-4-22 CRED BREWER 8-1-22 CFD HEAVNER 8-8-22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAL CPD KEITH 8-4-22 CRED BREWER 8-5-22 CFD HEAVNER 8-8-22 1203-1225 Ridge Rd. CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CFD HEAVNER 7-19-22 CPD KEITH 7-26-22 CRED BREWER 7-20-22 ------------- 9-16-22Raindate: 9/17/22 9/17/22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CRED BREWER 7-27-22 CPD KEITH 7-27-22 CFD HEAVNER 7-28-22 9/16/2022 9/17/2022 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 8-4-22 CRED BREWER 8-5-22 CFD HEAVNER 8-8-22 CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 8-4-22 CRED BREWER 8-5-22 CFD HEAVNER 8-8-22 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Jennifer Wilkins jenw@shred415.com Shred415 City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address Address Line 2 For-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Outdoor Workout 9/21/2022 9/21/2022 40 05:00:00 PM 07:00:00 PM CLERK 8-10-22 BPW 8-17-22 REVIEWED/APPROVED VIA EMAIL CPD KEITH 7-18-22 CFD HEAVNER 7-18-22 CRED BREWER 7-22-22 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 06:00:00 PM 07:00:00 PM NA Will a Fee be charged for this event? If yes please describe in narrative below. YES NO Provide a brief description of event Free outdoor workout. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the special event policy handbook. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: Further Info for type of closure EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If you are requesting Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: SECURITY DEPOSIT AND FEE: