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Paperless Packet for BPW 04.19.23
Board of Public Works and Safety Meeting Agenda Wednesday, April 19, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the April 5, 2023, Regular Meeting 2. BID OPENING AND AWARD a. Quote Award for 23-STR-04 Road Preservation at Cherry Creek; Matt Higginbotham, Street Commissioner 3. CONTRACTS a. Request for Purchase of Goods and Services; Applied Concepts, Inc.; ($45,670.00); Dual 2 Antenna Radar System; Additional Services Amendment; Chief James Barlow, Carmel Police Department b. Request for Purchase of Goods and Services; Blunk Safety Systems, Inc.; ($219,613.86); Vehicle Emergency Lighting Kits/Utility Cabinets/K9 Kennel; Additional Services Amendment; Chief James Barlow, Carmel Police Department c. Request for Purchase of Goods and Services; CTW, Inc; ($10,954.67); Multiconductor Wiring for New Patrol Cars; Additional Services Amendment; Chief James Barlow, Carmel Police Department d. Request for Purchase of Goods and Services; Bayliss & Co., LLC; ($2,500.00); Consulting for Public Art on Two Roundabouts on Main Street: Education Corridor; Additional Services Amendment; Mayor James Brainard e. Request for Purchase of Goods and Services; Murray & Trettel, Inc.; ($7,350.00); Weather Command; Matt Higginbotham, Street Commissioner f. Request for Purchase of Goods and Services; Redlee/SCS Inc.; ($35,944.80); Weather Command; Matt Higginbotham, Street Commissioner g. Request for Purchase of Goods and Services; Tank Industry Consultants, Inc; ($20,000.00); Evaluation of Water Towers and Water Tanks; John Duffy, Director of the Department of Utilities h. Request for Purchase of Goods and Services; Tom Wood Ford, Inc.; ($35,943.00); 2022 Ford Escape; Additional Services Amendment; John Duffy, Director of the Department of Utilities i. Request for Purchase of Goods and Services; 3D Company, Inc.; ($21,026.40); 20- ENG-02 Intersection Improvements: 106th Street and College Ave RAB; CO #2; Jeremy Kashman, City Engineer j. Resolution BPW 04-19-23-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Beam, Longest & Neff, LLC; ($2,160.00); 560 3rd Ave SW – Buyer’s Agent; Jeremy Kashman, City Engineer 4. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Caucus Room; HOA Meeting for the Bonbar at Monon Lake Homeowners Association; June 7, 2023; 6:00 PM – 9:00 PM; Jeri Ballantine, Bonbar at Monon Lake HOA b. Request to Use Midtown Plaza; Carmel on Canvas Plein Air Competition; September 15-17, 2023; 7:00 AM – 6:00 PM; Meg Gates Osborne 5. OTHER a. Request for Stormwater Technical Standards Waiver; Carmel Midtown Development Parcel A; Conner Strege, Kimley-Horn b. Request for Consent to Encroach and Variance; 3314 Spruce Wood Ct.; Anthony & Kayla Lazzara, Property Owners 6. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, April 5, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 MEETING CALLED TO ORDER 7 8 Board Member Burke called the meeting to order at 10:02 AM 9 10 MEMBERS PRESENT 11 12 Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Jacob Quinn were present. 13 14 Mayor James Brainard was not present. 15 16 MINUTES 17 18 Minutes from the March 15, 2023 Regular Meeting. Board Member Burke moved to approve. Board 19 Member Watson seconded. Minutes were approved 2-0. 20 21 BID OPENING AND AWARD 22 23 Bid Opening for Digester Gas Piping Replacement Project; Board Member Burke opened the bids and 24 read them aloud: 25 26 Contractor Bid 27 Maddox Industrial, LLC $4,390,000 28 29 30 Quote Opening for 23-STR-04 Road Preservation at Cherry Creek; Board Member Burke opened the 31 quotes and read them aloud: 32 33 Contractor Quote 34 National Pavement Maintenance $65,070.00 35 All Star Paving, Inc $72,750.00 36 37 PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS 38 39 Resolution BPW 04-05-23-06; Sunrise on the Monon Phase 5; Storm Sewer; Board Member Burke 40 moved to approve. Board Member Watson seconded. Request approved 2-0. 41 42 Resolution BPW 04-05-23-07; 4160 E. 96th Street; Erosion Control; Board Member Burke moved to 43 approve. Board Member Watson seconded. Request approved 2-0. 44 45 Resolution BPW 04-05-23-08; Waterfront at West Clay Section 2C; Street Signs; Board Member 46 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 47 Resolution BPW 04-05-23-09; Waterfront at West Clay Section 5A; Right of Way; Board Member 48 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 49 50 CONTRACTS 51 52 Request for Purchase of Goods and Services; Howard Asphalt LLC d/b/a Howard Companies; 53 ($3,641,478.16); 2023 Paving Program; Board Member Burke moved to approve. Board Member 54 Watson seconded. Request approved 2-0. 55 56 Request for Purchase of Goods and Services; D. & L.S., Inc./ d/b/a Office Keepers; ($17,874.00); 57 Cleaning Services; Board Member Burke moved to approve. Board Member Watson seconded. 58 Request approved 2-0. 59 60 Request for Purchase of Goods and Services; Ellis OD, LLC; ($4,000.00); Professional Services – 61 Department Organizational Workshops; Board Member Burke moved to approve. Board Member 62 Watson seconded. Request approved 2-0. 63 64 Resolution BPW 04-05-23-01; A Resolution of the City of Carmel Board of Public Works and Safety 65 Acknowledging Agreement Between City and Vendor; Indiana Department of Transportation; 66 ($1,000,000.00); Local Roads and Bridges Matching Grant; Board Member Burke moved to 67 approve. Board Member Watson seconded. Request approved 2-0. 68 69 Request for Purchase of Goods and Services; A Cut Above Catering, LLC; ($3,074.18); Catering for 70 Holocaust Remembrance Ceremony; Board Member Burke moved to approve. Board Member 71 Watson seconded. Request approved 2-0. 72 73 Request for Purchase of Goods and Services; Pyrotecnico Fireworks, Inc.; ($79,500.00); Fireworks 74 Display; Additional Services Amendment; Board Member Burke moved to approve. Board Member 75 Watson seconded. Request approved 2-0. 76 77 Request for Purchase of Goods and Services; Mainscape, Inc.; ($25,335.00); Sod Installation; 78 Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 79 seconded. Request approved 2-0. 80 81 Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.; ($2,055.00); 560 3rd 82 Ave SW – Appraisal Services; Board Member Burke moved to approve. Board Member Watson 83 seconded. Request approved 2-0. 84 85 Request for Purchase of Goods and Services; Engledow, Inc.; ($49,301.00); Sophia Square Topiaries; 86 Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 87 seconded. Request approved 2-0. 88 89 Resolution BPW 04-05-23-02; A Resolution of the City of Carmel Board of Public Works and Safety 90 Acknowledging Agreement Between City and Vendor; Flock Group, Inc; ($49,000.00); Falcon and 91 Falcon Flex Camera/Additional Services Agreement; Board Member Burke moved to approve. Board 92 Member Watson seconded. Request approved 2-0. 93 94 Request for Purchase of Goods and Services; College Avenue Design, LLC d/b/a Sweet Event 95 Planning; ($15,000.00); Event Planning Services – Brews on the Boulevard; Additional Services 96 Amendment; Nancy Heck, Director of Community Relations and Economic Development 97 98 Resolution BPW 04-05-23-03; A Resolution of the City of Carmel Board of Public Works and Safety 99 Acknowledging Agreement Between City and Vendor; Knauss Property Services, LLC; 100 ($212,500.00); Reflecting Pool Painting; Additional Services Amendment; Matt Higginbotham, 101 Street Commissioner 102 103 Resolution BPW 04-05-23-04; A Resolution of the City of Carmel Board of Public Works and Safety 104 Acknowledging Agreement Between City and Vendor; Marathon Pipe Line, LLC; Encroachment 105 Agreement; Board Member Burke moved to approve. Board Member Watson seconded. Request 106 approved 2-0. 107 108 Resolution BPW 04-05-23-05; A Resolution of the City of Carmel Board of Public Works and Safety 109 Acknowledging Agreement Between City and Vendor; Shepherd Insurance, LLC; ($6,000.00); 110 Consulting Fees; Board Member Burke moved to approve. Board Member Watson seconded. Request 111 approved 2-0. 112 113 Request for Purchase of Goods and Services; Berrnath, LLC; ($48,875.00); Falcon Asphalt Repair 114 Hotbox; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 115 2-0. 116 117 Request for Purchase of Goods and Services; Rollfast, Inc.; ($37,700.00); Professional Services for 118 Bike Carmel Events; Additional Services Amendment; Board Member Burke moved to approve. 119 Board Member Watson seconded. Request approved 2-0. 120 121 Request for Purchase of Goods and Services; Comcast Business; ($2,377.55); Monthly Service; 122 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 123 124 Request for Purchase of Goods and Services; St. Vincent Health, Wellness and Preventive Care 125 Institute, Inc.; ($75,432.00); Firefighter Physicals; Additional Services Amendment; Board Member 126 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 127 128 Request for Purchase of Goods and Services; St. Vincent Health, Wellness and Preventive Care 129 Institute, Inc.; ($31,430.00); Firefighter Physicals; Additional Services Amendment; Board Member 130 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 131 132 Request for Purchase of Goods and Services; Stryker Sales, LLC; ($31,407.00); LifePak 15 133 Preventative Maintenance; Additional Services Amendment; Chief David Haboush, Carmel Fire 134 Department 135 136 Request for Materials Transfer Agreement; Verily Viral Pathogen Testing Services; Board Member 137 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 138 139 Request for Purchase of Goods and Services; Rieth-Riley Construction Inc.; ($201,137.72); 20-ENG-140 01 Smoky Row Road Reconstruction from Old Meridian Road to Rangeline Road; CO #7; Board 141 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 142 143 REQUEST TO USE CITY STREETS/PROPERTY 144 145 Request to Acknowledge Approval to Use the Japanese Garden; Wedding; April 3, 2023; 1:00 PM – 146 4:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 147 approved 2-0. 148 Request to Use/Close City Streets and Carter Green; Bolt for the Heart 5K; November 23, 2023; 5:00 149 AM – 11:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 150 approved 2-0. 151 152 Request to Use Carter Green; Equity Event; July 16, 2023; 10:00 AM – 10:00 PM; Carmella Sparrow, 153 Communities Allied for Racial Equity 154 155 Request to Use/Close City Streets/Carter Green/Civic Square Fountain Area, Gazebo and Lawn; 156 CarmelFest; July 2-4, 2023; 1:00 PM – 10:00 PM; Board Member Burke moved to approve. Board 157 Member Watson seconded. Request approved 2-0. 158 159 Request to Use City Hall Parking Lot/City of Carmel Stage; CarmelFest Kids Zone; July 3-4, 2023; 160 5:00 AM – 11:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 161 Request approved 2-0. 162 163 Request to Use Civic Square Gazebo/Lawn; Indianapolis-Carmel Children’s Festival; April 29, 2023; 164 7:30 AM – 4:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 165 Request approved 2-0. 166 167 Request to Use Carter Green; Cheftacular; May 1, 2023; 11:00 AM – 9:30 PM; Board Member Burke 168 moved to approve. Board Member Watson seconded. Request approved 2-0. 169 170 Request to Use Midtown Plaza; Grads on the Grass; May 26, 2023; 11:00 AM – 4:00 PM; Board 171 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 172 173 Request to Use Carter Green and Use/Close City Streets (Updated); Religious Procession/Public 174 Prayer; June 11, 2023; 9:00 AM –7:00 PM; Board Member Burke moved to approve. Board Member 175 Watson seconded. Request approved 2-0. 176 177 Request to Add Temporary No Parking Signs; Tour Bus Parking; April 14, 2023; 12:00 PM – 1:30 178 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-179 0. 180 181 Request to Use Civic Square Gazebo/Lawn; Police Memorial; May 3, 2023; 8:00 AM – 8:00 PM; 182 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 183 184 Request to Use Caucus Room; Retirement Outreach Program; May 31 and June 1, 2023; 11:00 AM – 185 1:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 186 approved 2-0. 187 188 Request to Use/Close City Streets; Carmel 5K for Haiti; July 29, 2023; 4:00 AM – 12:00 PM; Board 189 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 190 191 Request to Use City of Carmel Stage; Carmel International Arts Festival; September 23-24, 2023; 192 6:00 AM – 6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 193 Request approved 2-0. 194 195 Request to Use City Sidewalks/Monon Greenway; Fundraiser for Brain Cancer Research; May 20, 196 2023; 7:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member Watson 197 seconded. Request approved 2-0. 198 199 Request to Use Palladium East Courtyard; Event for Lake Forest Ferrari; May 5, 2023; 3:00 PM – 200 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 201 approved 2-0. 202 203 Request to Use Midtown Plaza (Updated); Group Fitness Class; April 22, 2023; 8:00 AM – 11:00 AM; 204 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 205 206 Request to Use Monon & Main Plaza; Placing a Giant Floor Piano for the American Pianists Awards; 207 April 20, 2023; 3:30 PM – 6:30 PM; Board Member Burke moved to approve. Board Member Watson 208 seconded. Request approved 2-0. 209 210 OTHER 211 212 Request for Additional Arts Grant Program Agreement; ($2,670.00 Increase); Central Indiana Dance 213 Ensemble; Board Member Burke moved to approve. Board Member Watson seconded. Request 214 approved 2-0. 215 216 Uniform Conflict of Interest Disclosure Statement; Board Member Burke moved to approve. Board 217 Member Watson seconded. Request approved 2-0. 218 219 Request for Petition to Vacate a Public Right of Way; LOR/1933 Lounge Redevelopment Project; 220 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 221 222 Request for Curb Cut Vacation/ Curb Cut; 912 Auman Drive East; Board Member Burke moved to 223 approve. Board Member Watson seconded. Request approved 2-0. 224 225 Request for Lane Restrictions/ Road Closure/Open Pavement Cut; 401 1st Ave NE; Board Member 226 Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 227 228 Request for Stormwater Technical Standards Waiver; 1701 E 116th Street; Board Member Burke 229 moved to approve. Board Member Watson seconded. Request approved 2-0. 230 231 Request for Stormwater Technical Standards Waiver; 11841 Pebblebrook Lane; Board Member Burke 232 moved to approve. Board Member Watson seconded. Request approved 2-0. 233 234 Request for Stormwater Technical Standards Waiver; Carmel Clay History Museum, 211 1st Street 235 SW; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 236 237 Request for Stormwater Technical Standards Waiver; Range Line Road Mixed-Use Development, 175 238 S Range Line Road; Board Member Burke moved to approve. Board Member Watson seconded. 239 Request approved 2-0. 240 241 Request for Stormwater Technical Standards Waiver; Chick-Fil-A, 9965 N Michigan Road; Board 242 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 243 244 Request for Consent to Encroach and Variance; 9650 Prairiewood Way; Board Member Burke moved 245 to approve. Board Member Watson seconded. Request approved 2-0. 246 247 ADJOURNMENT 248 249 Board Member Burke adjourned the meeting at 10:08 a.m. 250 251 252 253 254 255 APPROVED: ____________________________________ 256 Sue Wolfgang – City Clerk 257 258 259 260 _____________________________________ 261 Mayor James Brainard 262 263 264 ATTEST: 265 266 __________________________________ 267 Sue Wolfgang – City Clerk 268 269 CzTfshfzHsfdivlijobu23;23qn-Bqs16-3134 Exhibit A CzTfshfzHsfdivlijobu23;23qn-Bqs16-3134 Exhibit A CzTfshfzHsfdivlijobu23;23qn-Bqs16-3134 Exhibit A CzBmmjtpoMzodi.NdHsbuibu4;56qn-Bqs22-3134 Exhibit A City®f Carmel' INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER JL ll FEDERAL EXCISE TAX EXEMPT 108668 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2564 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED I REQUISITION NO. VENDOR NO. DESCRIPTION 4/7/2023 372450 ADDITIONAL SERVICES CONSULTING WORK BAYLISS & CO. LLC VENDOR 415 DAVIS DRIVE ANDERSON, IN 46011--2274 PURCHASED BLANKET CONTRACT PAYMENTTERMS 75600 QUANTITY UNIT OF MEASURE DESCRIPTION Department: 1160 Fund: 101 General Fund Mayor's Office SHIP 1 Civic Square TO Carmel, IN 46032- Account: 43-419.99 1 Each CONSULTING FOR PUBLIC ART ON TWO ROUNDABOUTS ON MAIN STREET: EDUCATION CORRIDOR Send Invoice To: Mayor's Office FREIGHT UNIT PRICE EXTENSION 2,500.00 $2,500.00 Sub Total $2,500.00 1 Civic Square lqb _ i Carmel, IN 46032- I lA'O r'` PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNTi AMOUNT PAYMENT $ 2,500.00 AJPVOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P0 NUMBERISMADEA SHIPPING INSTRUCTIONS PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C. O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Sharon Kibbe TITLE Executive Office Manager CONTROL NO. 108668 CONTROLLER CzTfshfzHsfdivlijobu3;39qn-Bqs14-3134 Redlee/SCS Inc. Street Department -2023 Appropriation #1206 101 43-509.00Fund; P.O.#108542 CzTfshfzHsfdivlijobu5;34qn-Nbs38-3134ContractNotToExceed $35,944.80 AGREEMENT FORPURCHASE OFGOODS ANDSERVICES Redlee/SCS Inc. TERMS AND CONDITIONS 1.ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same co 2.PERFORMANCE: appropriation number1206 101 43-509.00funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3.PRICE AND PAYMENT TERMS: 3.1Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more thanThirty Five Thousand Nine Hundred Forty Four Dollars and Eighty Cents ($35,944.80) 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 detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformancewith the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2Vendor 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, 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. Goods and Services are fit and sufficient for their particular purpose. 5.TIME AND PERFORMANCE: This Agreement shall become effective as of the last essence of this Agreement. S:\\sgrechukhin\\BPW Ks and Resolutions\\Redlee SCS Inc Goods and Services-corrected.docx:3/7/2023 9:41 AM\] 1 Redlee/SCS Inc. Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #108542 Contract Not To Exceed $35,944.80 S:\sgrechukhin\BPW Ks and Resolutions\Redlee SCS Inc Goods and Services- corrected.docx:3/7/2023 9:41 AM] 1 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Redlee/SCS 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 1206 101 43-509.00 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Thirty Five Thousand Nine Hundred Forty Four Dollars and Eighty Cents ($35,944.80) the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 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, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a 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. Redlee/SCS Inc. Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #108542 Contract Not To Exceed $35,944.80 S:\sgrechukhin\BPW Ks and Resolutions\Redlee SCS Inc Goods and Services- corrected.docx:3/7/2023 9:41 AM] 2 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 concentra tion 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 packin g) 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 limit ed 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, official s, 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. Redlee/SCS Inc. Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #108542 Contract Not To Exceed $35,944.80 S:\sgrechukhin\BPW Ks and Resolutions\Redlee SCS Inc Goods and Services- corrected.docx:3/7/2023 9:41 AM] 3 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 indemni fy 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 A greement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. Redlee/SCS Inc. Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #108542 Contract Not To Exceed $35,944.80 S:\sgrechukhin\BPW Ks and Resolutions\Redlee SCS Inc Goods and Services- corrected.docx:3/7/2023 9:41 AM] 4 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel 3400 W 131st Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Redlee/SCS Inc. 10425 Olympic Drive, Suite A Dallas, Texas 75220-4427 Notwithstanding the above, notice of termination under paragraph 1 9 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 Parties may terminate this Agreement at any time upon thirty (30) days prior notice . In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide Redlee/SCS Inc. Street Department - 2023 Appropriation #1206 101 43-509.00 Fund; P.O. #108542 Contract Not To Exceed $35,944.80 S:\sgrechukhin\BPW Ks and Resolutions\Redlee SCS Inc Goods and Services- corrected.docx:3/7/2023 9:41 AM] 5 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, 2023. The parties agree that if Agreement is renewed, the cost for one calendar year of Goods and Services shall increase to Forty-Three Thousand One Hundred Thirty-Three and 76/100 Dollars ($43,133.76). If Agreement is renewed, and upon provision of invoice/proposal from Vendor to the City, the parties will enter into Additional Services Agreement to reflect the cost increase for a full calendar year. 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 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 “principa l” 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 subcont ractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. Redlee/SCS Inc. Street Department -2023 Appropriation #1206 101 43-509.00Fund; P.O.#108542 Contract NotTo Exceed $35,944.80 29.ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, ortheir successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANARedlee/SCS Inc. by and through its Board of Public Works and Safety By:By: James Brainard, Presiding OfficerAuthorized Signature Date: Kpio!Hfoesfbv Printed Name Mary Ann Burke, Member Qsftjefou! Date: Title Lori S. Watson, MemberFID/TIN: Date: ATTEST:Date: Sue Wolfgang, Clerk Date: S:\\sgrechukhin\\BPW Ks and Resolutions\\Redlee SCS Inc Goods and Services-corrected.docx:3/7/2023 9:41 AM\] 6 Exhibit A Civic Square Parking Garage February 16, 2023 Page 2 of 15 Table of Contents A: PRICING & SPECIFICATIONS Summary of Charges Provisions of Agreement Agreement Specifications B: APPENDIX History Certificate of Insurance Minority Certifications Civic Square Parking Garage February 16, 2023 Page 3 of 15 Summary of Charges A. PARKING GARAGE SERVICE Calculations are based upon the Contractor providing all labor, supervision, management equipment, and small tools, as well as related taxed and insurance required to perform the services and schedules outlined herein. Based upon a seven (7) day per week work schedule, including holidays unless otherwise instructed, the monthly charges are as follows: Garage Porter Services: $ 3,594.48 Per Month Applicable Sales Tax will be charged on all invoices. B. EMERGENCY LABOR 1. Regular Working Hours $27.50 per man hour 2. After Hours, Weekends and Holidays Cleaning $38.90 per man hour 3. Supervisor (Anytime) $45.00 per man hour NOTE: Minimum charge of 4 hours, per person, per call. C. LOCAL, STATE AND FEDERAL MANDATED COST ESCALATIONS Prices quoted herein are based on the 2009 Federal Minimum Wage and other existing state and federal legislation affecting wages and fees. As additional changes, including the Affordable Care Act are imposed on the Contractor, the monthly rate shall be adjusted to cover any increases and related costs, with the Customer’s consent. D. HOURS OF SERVICE Working hours to be determined by the Customer. E. PRICE DETERMINATION The price(s) quoted herein are based on “cash, equivalent” payment(s) (cash, check, money order, wire transfer or direct deposit), unless otherwise stipulated in Item A of the Summary of Charges. F. INVOICING AND PAYMENT The Contractor makes a sincere effort to maintain a first-rate credit rating with suppliers, banks, employees and customers in order to receive favorable pricing commitments. This enables us to maintain a competitive edge in our pricing to customers. Monthly “service” invoices are issued by the 5th working day for the current month, with payment due by the end of that month. “Service Charges” may be assessed on late payments. Civic Square Parking Garage February 16, 2023 Page 4 of 15 Summary of Charges F. INVOICING AND PAYMENT (continued) Square footage changes and adjustments occurring after the billing date are “adjusted” on the following month’s invoice. G. AGREEMENT TERM AND TERMINATION 1. It is agreed that this Agreement shall have no term length and may be terminated by either party giving a THIRTY (30) day Written Notice to the other sent “Certified Mail, return Receipt Requested”. 2. The parties to this Agreement understand, acknowledge and agree that REDLEE/SCS is required to incur substantial expenses in staffing, acquiring materials and supplies and securing equipment necessary and specific to the job contemplated herein, and that, if this Agreement is terminated for any reason without the required thirty days written notice, it will be difficult to determine the exact amount of damages sustained by REDLEE/SCS and as a result, agree that, in the event that this Agreement is terminated without thirty days prior written notice, for any reason, the Customer shall pay to REDLEE/SCS an amount equal to the gross billing by REDLEE/SCS for services to the Customer under the terms of this Agreement, for the month immediately preceding the date of termination of this Agreement, as Liquidated Damages. 3. This document, entitled “Parking Garage Cleaning Proposal”, including all attachments thereto, is an integral part of the Agreement and is hereinafter incorporated for all purposes as a part of the Agreement. 4. The Agreement and attachments contain all understanding and confirms all promise and stipulations, and may not be modified or amended in any way unless in writing and signed by the parties hereto or the authorized agents. 5. By signing the Agreement, the Property Manager, acknowledges and represents that he is either the Owner of, or authorized agent for the Owner of, the Subject Property, acting within the scope of his authority in the negotiation and execution of this Agreement. 6. The Owner of the Subject Property, as of the date hereof, is City of Carmel. The Property Manager agrees to notify REDLEE/SCS of the name of each owner of the Subject Property within thirty (30) days of any change in ownership of the Subject Property. H. INSURANCE REDLEE/SCS maintains the following insurance coverages: Commercial General Liability, General Aggregate amount of $2,000,000 Excess Liability Umbrella of $1,000,000 Automobile Liability of $1,000,000 Workers Compensation and Employers Liability of $1,000,000 Business Service Bond Limit of $25,000 Lost Key Coverage Limit of $25,000 Civic Square Parking Garage February 16, 2023 Page 5 of 15 Summary of Charges H. INSURANCE (continued) Upon request, “Limits” may be increased for specific coverages, with related cost being charged to the Customer. I. REDLEE/SCS EMPLOYEES Customer and its authorized representatives agrees not to hire, or enter into a janitorial service agreement with any REDLEE/SCS employees, or third parties associated with REDLEE/SCS in the performance of the services covered by this Agreement, for a minimum of ninety (90) days after employees’ or third parties termination from REDLEE/SCS’ employment, or for a minimum of ninety 90) days after termination of this Agreement, without the expressed written consent of REDLEE/SCS. J. POLYGRAPH EXAMINATIONS REDLEE/SCS may, within existing Federal and State guidelines, cause any or all of its workers working in this facility to submit to a polygraph examination upon written request from the customer. Such polygraph examinations shall be conducted by a qualified polygraph examiner, to be selected by REDLEE/SCS and acceptable to the customer. REDLEE/SCS will arrange for the polygraph examination. A REDLEE/SCS Management Representative will accompany the individuals to be polygraphed to the selected polygraph examiner’s office or selected location and will remain there until the examinations are completed. The results of each polygraph, covering the event in question, shall be shared with the customer. The cost of the polygraph examination shall be administered as follows: a. Positive Results (indicates guilt) – The Contractor shall pay all cost, plus make restitution to the Customer or Tenant. b. Negative Results (indicates no guilt) – The Customer and/or Tenant shall pay all costs. c. Inconclusive Results – The Customer may elect to have additional examinations administered, in which case #1 and #2 above would apply; or, the Customer and the Contractor may negotiate an agreeable settlement or share the cost equally. K. SLIP AND FALL AND OTHER EMERGENCY INCIDENTS Customer is requested to provide REDLEE/SCS complete detailed information, including “facility or third party incident reports” with 48 hours of such incidents. Civic Square Parking Garage February 16, 2023 Page 6 of 15 Provisions of Agreement THE CONTRACTOR SHALL: 1. Provide all supervision, labor, equipment, cleaning materials, insurance protection and administration to ensure performance of services specified in the Janitorial Specifications. 2. Strive for maximum efficiency and productivity in order to provide quality service at the lowest possible labor cost. 3. Provide employees who have been determined to be honest, dependable and neat in their personal appearance and in their work habits, and to provide these employees with appropriate uniforms, if required. 4. Be responsible for proper storage of cleaning equipment and supplies. 5. Instruct all employees to abide by Customer's rules and regulations pertaining to safety and security while on the premises. 6. Exercise that degree of care in the performance of duties necessary to prevent damage to any part of the building or the furnishings therein. 7. Provide Workers' Compensation coverage with respect to all Contractor's workers. 8. Provide public liability and property damage insurance in the amounts deemed sufficient by the Customer, to furnish certificates evidencing such insurance, and to hold the Customer harmless from and indemnified against loss, damage, cost or expense by reason of any negligence arising from or caused by the negligence of the Contractor, its officers, agents or employees. 9. REDLEE/SCS may, within existing Federal and State guidelines, cause any or all of its workers working in this facility to submit to a polygraph examination upon written request from the customer. Such polygraph examinations shall be conducted by a qualified polygraph examiner, to be selected by REDLEE/SCS and acceptable to the customer. REDLEE/SCS will arrange for the polygraph examination. A REDLEE/SCS Management Representative will accompany the individuals to be polygraphed to the selected polygraph examiner’s office or selected location and will remain there until the examinations are completed. The results of each polygraph, covering the event in question, shall be shared with the customer. The cost of the polygraph examination shall be administered as follows: a. Positive Results (indicates guilt) – The Contractor shall pay all costs, plus make restitution to the Customer or Tenant. b. Negative Results (indicates no guilt) – The Customer and/or Tenant shall pay all costs. c. Inconclusive Results – The Customer may elect to have additional examinations administered, in which case #1 and #2 above would apply; or, the Customer and the Contractor may negotiate an agreeable settlement or share the cost equally. 10. Exercise and control security of keys provided by the Customer. Keys shall be secured in accordance with the Customer's security regulations and shall not be removed from the building. THE CUSTOMER SHALL: 1. Provide trash receptacles/trash disposal facilities. 2. Provide necessary keys for Contractor's employees. Civic Square Parking Garage February 16, 2023 Page 7 of 15 Agreement This Agreement is entered into between REDLEE/SCS INC. with its principal offices at 10425 Olympic Drive, Dallas, Texas (hereinafter referred to as REDLEE) and City of Carmel, at 3400 West 131st Street, Carmel, Indiana (hereinafter referred to as the “Property Manager”) for the property known as Civic Square Parking Garage, and located at 50 Red Truck Road, Carmel, Indiana (hereinafter referred to as the Subject Property”). For, and in consideration of, the mutual promises and covenants contained herein and for other good and valuable considerations, it is agreed as follows: I. REDLEE’S OBLIGATIONS: That beginning ___________________, 2023, REDLEE agrees to: a. Provide services as defined in the Janitorial Specifications Schedule portion of the attached Janitorial Proposal, dated February 16, 2023, on and for the Subject property. b. Perform all work on schedule, except when prevented by strike, Act of God, accident or other circumstances beyond their control. c. Furnish labor, supervision, materials and equipment necessary to satisfactorily fulfill this Agreement except as listed in the supplementary schedules noted above. d. Maintain Workers’ Compensation, Bodily Injury and Property Damage Liability Insurance in the amounts and with insurer’s as specified herein, for the duration of this Agreement. II. PROPERTY MANAGER’S OBILIGATIONS: The Subject Property agrees to: a. Pay services rendered on and for the Subject Property at the rate of and for the charges specified in the Pricing and Agreement Information section of the Janitorial Proposal attached hereto, or as from time to time modified and agreed to in writing by the parties hereto, for: Garage Porter Services: $ 3,594.48 Per Month Applicable Sales Tax will be added to all invoices.) b. Promptly notify REDLEE of any “Slip and Fall” or similar incidents, along with a complete copy of the facilities internal or third party “incident reports”, within 48 hours of such incidents. c. Not to hire or enter into a janitorial service agreement with any REDLEE employees, or third parties associated with REDLEE in the performance of the services covered by this Agreement, for a minimum of ninety (90) days after termination of this Agreement, without the expressed written consent of REDLEE. Civic Square Parking Garage February 16, 2023 Page 8 of 15 Agreement III. MISCELLANEOUS PROVISIONS: a. It is agreed, the Agreement shall have no term length and may be terminated by either party by giving a THIRTY (30) DAY WRITTEN NOTICE to the other and “Certified Mail, Return Receipt Requested”. b. The parties to this Agreement understand, acknowledge and agree that REDLEE is required to incur substantial expenses in staffing, acquiring materials and supplies and in securing equipment necessary and specific to the job contemplated herein, and that, if this Agreement is terminated for any reason without the thirty days written notice, it will be difficult to determine the exact amount of damages sustained by REDLEE. As a result, agree that, in the event that this Agreement is terminated without written notice, for any reason, the Customer shall pay to REDLEE an amount equal to the gross billing by REDLEE for services to the Customer under the terms of this Agreement, for the month immediately preceding the date of termination of this Agreement, as Liquidated Damages. c. The attached documentation entitled “Parking Garage Cleaning Proposal”, including all attachments thereto, is an integral part of this Agreement and is hereinafter incorporated for all purposes as a part of this Agreement. d. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to any conflict of laws rule or principle which might refer the governance or construction of this Agreement to the laws of another jurisdiction. Any action in regard to this Agreement or arising out of its terms and conditions shall be litigated and/or instituted only in Dallas County, Texas. Property Manager hereby expressly consents to the personal jurisdiction of the state and federal courts located in Dallas County, Texas for any lawsuit filed there against it by REDLEE arising from or related to this Agreement. e. In the event there is any dispute concerning the terms of this Agreement or the performance of either Party hereto pursuant to the terms of this Agreement and either Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement or asserting the terms of this Agreement in defense of any suit filed against said Party, the prevailing Party in such dispute shall be entitled to recover, in addition to any other remedy to which such Party may be entitled to recover, all of its costs and attorney’s fees incurred in connection with the dispute irrespective of whether or not a lawsuit is actually commenced or prosecuted to conclusion. f. REDLEE AND PROPERTY MANAGER AND COMPANY HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED TO THIS AGREEMENT AND AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY JUDGE WITHOUT A JURY. g. This Agreement, and attachments hereto, contains all understandings and confirms all promise and stipulations, and may not be modified or amended in any way unless in writing and signed by the parties hereto or their authorized agents. Civic Square Parking Garage February 16, 2023 Page 9 of 15 Agreement III. MISCELLANEOUS PROVISIONS: (continued) h. By signing this Agreement, the Property Manager, acknowledges and represents that he is either the Owner of, or authorized agent for the Owner of, the Subject Property, acting within the scope of his authority in the negotiation and execution of this Agreement i. The Owner of the Subject Property, as of the date hereof, is City of Carmel. The Property Manger agrees to notify REDLEE of the name of each new owner of the Subject Property within thirty days of any change in ownership of the Subject Property. IN WITNESS WHEREOF, the parties hereto have set their hands this ______ day of ____________, 2023. CITY OF CARMEL REDLEE/SCS INC. BY: BY: John Gendreau TITLE: TITLE: President, National Operations Civic Square Parking Garage February 16, 2023 Page 10 of 15 Specifications General Cleaning: (7 Days or Nights a week / 2 hours per day) Sweeping of parking garage spaces (351) Sweeping of entry ways (3) Sweeping of elevator (1) Sweeping of entry mats (6) Dump debris into trash receptacles / Do not empty trash receptacles Must Transport Broom and Dustpan onsite daily / No onsite storage All additional tasks done at additional charge City of Carmel provides liners for trash receptacles Civic Square Parking Garage February 16, 2023 Page 11 of 15 Company History Our mission is to serve as an integral partner by empowering our clients, employees, and our communities. REDLEE/SCS is a recognized industry leader offering the very best in customer service and management expertise since 1982. REDLEE/SCS has grown over the years as a result of mergers with and acquisitions with some of the top companies in the industry. These resulting combinations have produced more than one hundred years of successful management expertise. REDLEE/SCS is owned and directed by the Redfearn family, who are of Native American descent. For the past several years, the company has been ranked in the "Top 25 Minority-Owned Businesses" recognized by both the Dallas and Charlotte Business Journals. The company originally opened in Tulsa, Oklahoma in 1982, and relocated its corporate headquarters to Dallas, Texas a few years later. Today, REDLEE/SCS is operating in seven states with offices in Abilene, Birmingham, Charlotte, Dallas, Ft. Worth, Indianapolis, Little Rock, Midland, Richmond, Roanoke, and Tulsa. Management's "hands on" involvement in the daily operations, day-to-day customer contact, quality control inspection program, and open line of communications with customers help create a partnership between REDLEE/SCS and their customers that is evidenced by the company's high rate of business retention. In addition, the company has an experienced, professional administrative staff who provides top notch support for their customers, ensuring prompt response to customer requests and concerns. Need quality cleaning? Consider the benefits of working with the experienced industry leaders at REDLEE/SCS. REDLEE/SCS has experienced steady growth over its 40 year history servicing over 50 million square feet with revenues in excess of $40 million. In addition, the company is constantly sourcing new opportunities and expanded services in additional markets throughout the country. Civic Square Parking Garage February 16, 2023 Page 12 of 15 Company History REDLEE/SCS INC. was proudly awarded CIMS and CIMS GB (Green Building) “With Honors” certifications for our nationwide operations in July 2017. CIMS (Cleaning Industry Management Standards) is the first consensus-based management standard that outlines the primary characteristics of a successful, quality cleaning organization. It as a way to differentiate an organization from the competition, demonstrate its commitment to quality/customer satisfaction and improve operational efficiency. CIMS and CIMS GB criteria designation offer cleaning organizations a certification that is closely tailored to provide their customers with precisely what they need to secure points under the LEED for Existing Buildings: Operations and Maintenance (LEED EB: O & M) Green Building Rating System. CIMS GB certification demonstrates an organization’s capability to assist customers in achieving LEED EB: O&M points and offers customers assurance that the organization they select is prepared to partner with them in the LEED process. In November 2013, the USGBC published the newest version of LEED EB: O&M (v4) which includes CIMS GB as a direct compliance option for the new “Green cleaning Policy” prerequisite. Less than ¼ of 1% of all janitorial companies (approximately 42,000) in the United States and Canada has achieved CIMS certification. CIMS has also become a requirement for many fortune 500 companies, such as StateFarm, and government entities. If you would like to learn more about CIMS and CIMS GB, you can visit: http://www.issa.com/certification-standards/cleaning-industry-management-standard- cims#.WLgvP7Mm5aQ Company Civic Square Parking Garage February 16, 2023 Page 13 of 15 Insurance LOSS AND DAMAGES As requested, a COI meeting your requested minimum coverages has been included in this proposal. You can find this form in Section E –APPENDIX. REDLEE/SCS has developed a very thorough step by step process in regard to loss and/or damage. If an accident occurs, the cleaner immediately notifies his/her supervisor who then notifies the Operations Manager. The Operations Manager then proceeds through a process to determine how the incident occurred, and what can be done to pre- vent the incident from occurring again. Upon completion of the accident investigation, appropriate restitution is made. Sample Loss and Damage report used by REDLEE/SCS. Civic Square Parking Garage February 16, 2023 Page 14 of 15 COI Minority Certifications Civic Square Parking Garage February 16, 2023 Page 15 of 15 Minority Certifications National Minority Supplier Development Council NCTRCA Minority Business Enterprise Certificate Minority Certifications 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 Exhibit D E-VERIFY AFFIDAVIT John Gendreau___________________________________, being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1.I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2.I am now and at all times relevant herein have been employed by REDLEE/SCS INC.__ in the position of President. 3.I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4.The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5.The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the __31_____day of __March___________________, 2023. Printed:__John Gendreau_______________ Icertify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed: __John Gendreau_____________________ Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 108542 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2/20/2023367224 REDLEE/SCS INC Street Department VENDORSHIP10425OLYMPICDRIVESUITEA 3400 W. 131st Street TO Carmel, IN 46074- DALLAS, TX 75220--4427(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 74355 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachCivic Square Garage Maintenance$35,944.80$35,944.80 Sub Total 35,944.80 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 35,944.80PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 108542 CONTROLLER CzTfshfzHsfdivlijobu23;2:qn-Bqs16-3134 CzBmmjtpoMzodi.NdHsbuibu22;26bn-Bqs21-3134 Exhibit A RESOLUTION NO. BPW 04-19-23-01 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 (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 , 2023. 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\\2023\\Acknowledge Agreement Beam, Longest & Neff.docx4/6/20239:10AM CzTfshfzHsfdivlijobu22;65bn-Bqs14-3134 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2200 0 44-628.71 2020 Road Bond funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Two Thousand One Hundred Sixty Dollars ($2,160.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 2 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth inSection 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2023, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 3 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 4 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 5 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 6 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 7 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent PROFESSIONAL: Beam, Longest & Neff, LLC 8320 Craig Street Indianapolis, Indiana 46280 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 8 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 9 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 10 Exhibit A Page 1 of2REALESTATESERVICESFEESCHEDULE RightofWayManagement Services RightofWayManagementServicesInclude: allprocesses, procedures, observations, dataentryinto LRS, andmanagementof allservicesneededtocleartherightofway, includingall ofthe necessary activities to certify the right of way that has to be acquired to clear the project(s) for construction. This shall be completed in accordance with federal and state law (including but not limitedtoFederalHighwayAdministrationrulesandregulations), thecurrentversionoftheINDOTRealEstateDivisionManual, andascontractedwithorotherwisedirectedbyINDOT.Thecurrent versionoftheINDOTRealEstateManual islocatedathttp://www.in.gov/indot/2493.htm. AllserviceslistedbelowshallberequiredwithintheRightofWayServicesManagementscopeof work. Report Type Fee RightofWayManagementservicesfee 1,310perparcel PublishingandPaymentfor Legal Notice on parcels 520perproject Valuation Services EarlyAssessmentReal EstateCostEstimateIncludes: all processes, proceduresand observationstocompleteaRealEstateCostEstimate assignment (includingbut notlimitedto completionof theINDOTRealEstate CostEstimateSpreadsheet) inaccordancewithfederalandstatelaw (includingbut notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionof theINDOTRealEstateDivisionManual, and ascontractedwithorotherwisedirectedbyINDOT. CompDocketsInclude: providing comparablesales data (including butnotlimitedtomarketdata research andrawsalesdata) or asotherwise requested byINDOTwithin thescopeof workfor Non- ReportServicesagreed uponatthetime ofassignment. Waiver ValuationsInclude: allprocesses, proceduresand observationsto complete awaiver valuation reportinaccordancewith federalandstate law (includingbutnotlimited toFederalHighway Administration rulesandregulations), thecurrentversion oftheINDOTReal EstateDivisionManual, andas contractedwithor otherwisedirectedbyINDOT. AppraisalReportsInclude: allprocesses, proceduresandobservationstocompletean appraisalreportofthetypebelow assignedbyINDOTinaccordance withfederalandstatelaw (including but notlimitedto FederalHighwayAdministration rulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT.Appraisal feesaredefinedand paidbasedonINDOTparcelandnotcountytaxidentification parcel. Non-Report Services Per Parcel Fee Early Assessment: Projects 50 parcels $145 Early Assessment: Projects > 50parcels negotiatedbaseduponcomplexity Comp Docket: Agricultural / ResidentialProperties: $270 Comp Docket: Commercial / SpecializedProperties: $550 Report Type 725WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 2,055ValueFinding: AnyPropertyType (ImprovedorUnimproved) 3,015ShortForm: AnyPropertyType (ImprovedorUnimproved) 3,375ShortForm: Residential / Ag (withaffected improvementsoratotaltake) 4,710ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor atotal take) 3,625LongForm: AnyPropertyType (Unimproved) 4,815LongForm: Residential / Ag (Improved) 12,050LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 695ExcessLandAppraisal ThespecificReportTypeaboveisdeterminedbyINDOTReviewAppraisersortheirsupervisorsaftertheAppraisalProblemAnalysishasbeencompleted. Review Valuation Services AppraisalProblemAnalysisIncludes: allprocesses, proceduresandobservationstocompleteanAppraisalProblemAnalysisinaccordance withfederalandstatelaw (includingbutnotlimitedto FederalHighway Administrationrulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT. ReviewofWaiverValuationand/or AppraisalReportsInclude: allprocesses, proceduresandobservationstocompleteareviewofanappraisalreportorwaivervaluation reportin accordancewith federaland statelaw (includingbutnotlimited toFederalHighway Administrationrulesand regulations) thecurrent versionoftheINDOTRealEstateDivision Manual, and as contractedwith or otherwisedirectedbyINDOT. Appraisalfeesaredefinedandpaid basedonINDOTparceland notcountytaxidentification parcel. Per Parcel FeeReportType 270AppraisalProblemAnalysis (APA) 435WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 1,035ValueFinding: AnyPropertyType (ImprovedorUnimproved) 1,445ShortForm: AnyPropertyType (Improvedor Unimproved) 1,630ShortForm: Residential / Ag (withaffectedimprovementsor atotal take) 2,300ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor a totaltake) 1,725LongForm: AnyPropertyType (Unimproved) 2,280LongForm: Residential / Ag (Improved) LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 5,550 BuyingServices BuyingServicesInclude: all processes, proceduresandobservationstocompletethetotal orpartial acquisition of realestate, theobtainingof temporaryoraccess rights, or buyingreviewin accordancewithfederalandstatelaw (including but notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionoftheINDOT RealEstateDivision Manual,andas contractedwithor otherwisedirectedby INDOT. Report Type Per Parcel Fee 2,160Total/Partial Acquisition Temporary/Access Rights 1,800 MAP 21Offer - Total/PartialAcquisition 2,705 MAP21Offer - Temporary/AccessRights 2,345 BuyingReview 360 RelocationServices RelocationServicesInclude: all processes, proceduresandobservationstocompletetheactivitiesforrelocationof residentialor businessownersor tenants, orrelocationofpersonalproperty, or reviewof anysuchrelocation activitiesinaccordancewithfederaland statelaw (including butnotlimited toFederalHighway Administration rulesand regulations), thecurrentversionof theINDOT RealEstateDivisionManual, andascontractedwith orotherwise directedbyINDOT. ReportTypePayment Schedule Per Relocation Fee Payments: 1/3Relo/Appraisal meetingiscomplete, 1/390DayNotice is issued, 1/3parcelis closed $4,330ResidentialOwner / Tenant Payments: 1/3 Relo/Appraisal meetingis complete, 1/3 90DayNotice is issued, 1/3parcelis closedBusinessOwner / Tenant 4,330 PersonalProperty Only Payments: 1/3Relo/Appraisalmeetingis complete, 1/3 90 DayNoticeisissued, 1/3parcelis closed 1,815 ResidentialandBusiness 100% oncetheparceliscompliantandclosed. 1,205Review PersonalPropertyMove 460100% oncetheparceliscompliantandclosed. OnlyReview Property ManagementServices PropertyManagementServicesInclude: allprocesses, procedures, observations, dataentryintoLRS, andmanagementofallservicesneededtocompletetheparcel’sreadinessfordemolition. Thisshallbecompletedinaccordancewith federalandstatelaw (including but not limitedtoFederalHighwayAdministrationrules andregulations), thecurrentversionoftheINDOT RealEstate DivisionManual, andascontractedwithor otherwisedirectedbyINDOT. Thecurrentversion ofthe INDOTRealEstateManualislocated athttp://www.in.gov/indot/2493.htm. All serviceslisted below shallberequired withinPropertyManagementServices scopeofwork. Non-Report Services Per Parcel Fee 1,035PropertyManagementperparcelservicesfee 105PlacingRatBaitonstructure PlacingAppropriate Signson structure $210 Boarding Up Openingson structure AmountonWritten EstimateApprovedbyINDOT DebrisRemoval AmountonWrittenEstimateApprovedbyINDOT Report Type AsbestosSamplingand Analysis AmountonWritten Estimate Approved byINDOT Utility Disconnection Coordination & Verification AmountonWritten EstimateApproved byINDOT Page 2 of2 Theabove FeeSchedule will beeffective for allnew on-call realestate contract assignments (based onthe date thatPurchase Orders are issued) made onorafter January 1, 2023. TheFeeSchedule for (a) project-specific contracts that include any land acquisition services, and (b) contracts entered into under “Small Purchase Procedures” pursuant to Section 3.3.1ofINDOT’sProfessional Services Contract AdministrationManual willbeinaccordance with the payment terms inthe contracts and bethe FeeSchedule inplace onthe date the contract was approved bythe Attorney General ofIndiana. Any deviation inestablished fees from the above rules inthis paragraph will require (and shall notbe allowed without) written pre-approval from the Director orone of his orher Managers inINDOT’s Real Estate Department. REVISED: 1/1/2023 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this 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: Meg Gates Osborne meg@megpromo.com 3175907522 3175907522 City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 1 Civic Square Address Line 2 Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Carmel on Canvas Plein Air Competition 9/15/2023 9/17/2023 200 07:00:00 AM 06:00:00 PM Clerk 4-12-23 BPW 4-19-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-22-23 CRED Brewer 3-30-23 Approved Indiana Design Center-Amy Mehall 3/21/23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 07:00:00 AM 06:00:00 PM NA Will a Fee be charged for this event? If yes, please describe below. YES NO Provide a brief description of event Carmel on Canvas Plein Air Competition and Reception Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN 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 Public Use Policy. 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 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 Other Please note the number of NO PARKING SIGNS needed 50 EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. TBD Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other TBD 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 Agave - 15 minute Parking Indiana Design Center inside lobby Friday (7 am - 6 pm) Saturday 7:00 am to Noon Community Tent during the Carmel Farmers Market for Quick Paint on Saturday Include addresses as appropriate An easy to read, color map of the area is required with submission. Type of Closure: Further Info for type of closure A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. 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: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Meg Gates Osborne Printed Name and Title (If applicable) 317-590-7522 Phone Number (Required) 1 Civic Square Carmel, IN 46032 Address of Organization/Applicant 3/17/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT kimley-horn.com 250 East 96th Street, Suite 580, Indianapolis, IN 46240 317 218 9560 February 20, 2023 Mr. John Thomas City of Carmel Engineering Department RE: Carmel Midtown Development Parcel A – Drainage Waiver Requests Members of the Board, On behalf of our Client, we respectfully request waiver from the following Drainage Standards. 1. §303.06.02 & §303.07 – The Lowest Adjacent Grade for all residential, commercial, or industrial buildings shall be set a minimum of 2 feet above the highest noted overflow path/ponding elevation across the property frontage. All buildings shall have a minimum flood protection grade shown on the secondary plat. Minimum Flood Protection Grade of all structures fronting a pond or open ditch shall be no less than 2 feet above any adjacent 100- year local or regional flood elevations, whichever is greater, for all windows, doors, pipe entrances, window wells, and any other structure member where floodwaters can enter a building. We are requesting that the MFPG (minimum flood protection grade) and MLAG (minimum lowest adjacent grade) be 4.5” above local flood source. 2. §501.01 – There should be no less than 2.5 feet of cover along any part of the pipe from final pavement elevation or final ground surface elevation to the top of the pipe. We are requesting a waiver for the above referenced requirement for pipes D41-D40, D34- D33, D33-D32, and D32-D31. Minimum cover as dictated by §501.01 cannot be met due to existing site constraints. 3. §303.06.11 – Detention basins shall be designed with additional ten (10) percent of available capacity to allow for sediment accumulations resulting from development and to permit the pond to function for reasonable periods between cleanings. We are requesting a waiver for the above referenced requirement as the provided hydrodynamic separators and detention treatment rows will reduce sediment accumulation within detention chambers. Page 2 kimley-horn.com 250 East 96th Street, Suite 580, Indianapolis, IN 46240 317 218 9560 4. §303.06.12 – Detention basins shall be sized to detain the runoff from the fully developed right-of-way per the City of Carmel 20-year Thoroughfare Plan across all frontages, regardless of existing watershed boundaries or drainage breaks/divides. We are requesting a waiver for the above referenced requirement to permit additional storm sewer inlet(s) within Industrial Drive to connect directly to existing storm sewer infrastructure within Industrial Drive. These inlets will not route through proposed detention or water quality treatment prior to connecting to the existing storm sewer infrastructure. The site detention has been sized to meet the 1/2 ROW design standard per the above reference requirement. If you have any questions, please do not hesitate to contact me at (317) 218-9560 or connor.strege@kimley-horn.com. Sincerely, Connor Strege, P.E. Project Engineer ©CARMEL MIDTOWNPARCEL ANOT APPROVED FORCONSTRUCTIONBENCHMARKSETEXISTING LEGENDGRADING LEGENDC5.0GRADING ANDDRAINAGE PLANNORTHMIN FINISH FLOOR ELEV (MFFE)MIN FLOOD PROT GRADE (MFPG)DRAINAGE SUMMARYGRADING NOTESMIN LOWEST ADJ GRADE (MLAG)