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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 02-21-24Board of Public Works and Safety Meeting Agenda Wednesday, February 21, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 7, 2024, Regular Meeting 2. BID OPENING AND AWARD a. Bid Award for 24-Str-01 Vault Installation; Smock Fansler Corporation; ($238,535.00) Matt Higginbotham, Street Commissioner b. Bid Opening for 22-ENG-13 Rohrer Road Multi-Use Path & Water Main; Jeremy Kashman, City Engineer 3. CONTRACTS a. Request for Purchase of Goods and Services; Window Consultants of Indiana, LLC;($34,592.00); Building Repairs and Maintenance; Additional Services Amendment; Jim Crider, Chief of Staff b. Request for Interlocal Agreement between The City of Carmel and Hamilton County; One Time Distribution of Public Health Grant Funds for AED Devices; Chief David Haboush, Carmel Fire Department c. Resolution BPW 02-21-24-01; Request for Acknowledgment of Contract between City and Vendor; ($120,000.00); Bar Communications, LLC; Media Relations and Communications Services; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations d. Request for Purchase of Goods and Services; CRE Consulting, LLC.; ($7,420.00); 16- ENG-45-AAA Way & 116th St Appraisal Services; Additional Services Amendment; Jeremy Kashman, City Engineer e. Request for Purchase of Goods and Services; USI Consultants, Inc.; ($386,600); 22- ENG-Westfield Blvd Path from 99th Street to 116th Street-Design; Additional Services Amendment; Jeremy Kashman, City Engineer f. Request for Purchase of Goods and Services; Ergotech Controls, LLC d/b/a Industrial Networking Solutions; ($26,940.81); Main Street-Private Cellular Network; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems g. Request for Purchase of Goods and Services; Nelson Alarm Company, LLC; ($49,631.00); Axis Dome Fixed Camera, Pendant Kit, Pole Mount, Wall Mount; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems h. Request for Purchase of Goods and Services; Argos Connected Solutions LLC; ($34,351.32); GPS Tracking Services; Additional Services Amendment; Matt Higginbotham, Street Commissioner i.Request for Purchase of Goods and Services; Engledow, Inc.; ($53,527.30); Flower Maintenance; Additional Services Amendment; Matt Higginbotham, Street Commissioner j.Request for Purchase of Goods and Services; Lionheart Critical Power; ($2,212.00); Generator Service; Additional Services Amendment; Matt Higginbotham, Street Commissioner k.Request for Purchase of Goods and Services; Mainscape, Inc.; ($61,999.87); Mowing and Landscaping; Additional Services Amendment; Matt Higginbotham, Street Commissioner 4.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24-REMAINS TABLED 5.OTHER a.Resolution BPW 02-21-24-03; Request for Acknowledgment of Amending the City of Carmel Special Event/Facility Use Policy; Rebecca Carl, Director of Marketing and Community Relations b.Request for Waiver of BPW Resolution No. 04-28-17-01; 1017 W Main Street; Duke Energy c.Request for Consent to Encroach and Variance; 120 Old Grayce Lane; Stanley and Connie Campbell, Property Owners d.Request for Lane & Sidewalk Restrictions and Curb Cuts; L’Etoiele; 833 Main Street; Nick Justice CEC, Inc. e.Request for Lane & Sidewalk Restrictions and Curb Cuts; 2200 W Main Street; Centerpointe f.Request for Stormwater Technical Standards Waiver; 10475 Hussey Lane; Brian Brown, Stoeppelwerth & Associates g.Request for Stormwater Technical Standards Waiver; L’Etoile; 833 W Main Street; Nick Justice CEC, Inc. h.Request for Grant of Perpetual Stormwater Quality Management Easement; 3927 W 141st Street; Zack and Morgan Martin, Property Owners, and Duke Property, LLC i.Resolution BPW 02-21-24-02; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge to Mark James Paris; 20 years of Meritorious Service; Chief James Barlow, Carmel Police Department 6.ADD-ONS 7.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 21, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Mayor Sue Finkam called the meeting to order at 10:03 AM. 10 11 MEMBERS PRESENT 12 13 Mayor Sue Finkam, Board Members Laura Campbell, and Alan Potasnik. Also, present City Clerk Jacob 14 Quinn and Jessica Dieckman. 15 16 MINUTES 17 18 Minutes from February 7, 2024, Regular Meeting. Board Member Campbell moved to approve. Board 19 Member Potasnik seconded. Minutes were approved 3-0. 20 21 22 BID OPENING AND AWARD 23 24 Bid Opening for 24-Str-01 Vault Installation 25 Laura Campbell opened the bid and Mayor Finkam read them aloud: 26 Contractor Quote 27 Smock Fansler $238,535.00 28 29 30 PERFORMANCE BOND REDUCTION APPROVAL REQUEST 31 Resolution BPW 02-07-24-12 Bond Release for Be Well Medical; Right Away Erosion Control; Board 32 Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 33 Resolution BPW 02-07-24-13; Bond Release for Courtyards if Carmel; Section 2 Signs, Section 3 34 Curbs, and Section 3 Asphalt Path; Board Member Campbell moved to approve. Board Member 35 Potasnik seconded. Resolution approved 3-0. 36 37 CONTRACTS 38 Resolution BPW 02-07-24-11; J.S. Held; ($8,350.00); Additional Renovations and Services to Carmel 39 Police Station; Board Member Campbell moved to approve. Board Member Potasnik seconded. 40 Resolution approved 3-0. 41 42 Request for Purchase of Goods and Services; Testing For Public Safety, LLC, ($14,800.00); Captain 43 and Lieutenants Process, Testing Fees-Written and Oral; Additional Services Amendment; Board 44 Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 45 Request for Purchase of Goods and Services; Holly Vonderheit; ($5,355.00); Communications 46 Strategy, Planning, and Execution Support; Agreement for Professional Services; Additional Services 47 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. Request 48 approved 3-0. 49 Resolution BPW 02-07-24-01; Request for Acknowledgment of Contract between City and Vendor; 50 ($1,600.00); Aaron William Whitten; Ice Carving Services for Festival of Ice Event; Additional 51 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 52 Resolution approved 3-0. 53 Resolution BPW 02-07-24-02; Request for Acknowledgment of Contract between City and Vendor; 54 ($1,600.00); Julia Yashchenko; Ice Carving Services for Festival of Ice Event; Additional Services 55 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 56 Resolution approved 3-0. 57 Resolution BPW 02-07-24-03; Request for Acknowledgment of Contract between City and Vendor; 58 ($2,100.00); Michael Stoddart; Ice Carving Services for Festival of Ice Event; Additional Services 59 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 60 Resolution approved 3-0. 61 Resolution BPW 02-07-24-04; Request for Acknowledgment of Contract between City and Vendor; 62 ($1,600.00); Shannon Gerasimchik; Ice Carving Services for Festival of Ice Event; Additional Services 63 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 64 Resolution approved 3-0. 65 Resolution BPW 02-07-24-05; Request for Acknowledgment of Contract between City and Vendor; 66 ($1,600.00); Stephan Koch; Ice Carving Services for Festival of Ice Event; Additional Services 67 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 68 Resolution approved 3-0. 69 Resolution BPW 02-07-24-06; Request for Acknowledgment of Contract between City and Vendor; 70 ($500.00); Timothy Stoke Calloway; Ice Carving Services for Festival of Ice Event; Additional 71 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 72 Resolution approved 3-0. 73 Resolution BPW 02-07-24-07; Request for Acknowledgment of Contract between City and Vendor; 74 ($1,600.00); Titus Arensberg; Ice Carving Services for Festival of Ice Event; Additional Services 75 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 76 Resolution approved 3-0. 77 Resolution BPW 02-07-24-08; Request for Acknowledgment of Contract between City and Vendor; 78 ($500.00); William Maxwell Bebrowsky; Ice Carving Services for Festival of Ice Event; Additional 79 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 80 Resolution approved 3-0. 81 Resolution BPW 02-07-24-09; Request for Acknowledgment of Contract between City and Vendor; 82 ($1,600.00); World Class Ice Sculpture; Ice Carving Services for Festival of Ice Event; Additional 83 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 84 Resolution approved 3-0. 85 Resolution BPW 02-07-24-10; Request for Acknowledgment of Contract between City and Vendor; 86 ($1,600.00); Zachary Crossman; Ice Carving Services for Festival of Ice Event; Additional Services 87 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 88 Resolution approved 3-0. 89 Request for Purchase of Goods and Services; Certified Engineering, Inc.; ($11,620.00); 20-ENG-04-90 Right of Way Engineering Services College Avenue; Additional Services Amendment; Board Member 91 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 92 Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.;(-$225,945.33); 16-93 ENG-37-116th Street and Medical Drive at Rangeline Road; CO #6; Board Member Campbell moved 94 to approve. Board Member Potasnik seconded. Request approved 3-0. 95 Request for Purchase of Goods and Services; CRE Consulting, LLC; ($2,140.00); 22-ENG-13-96 Appraisal Services-Rohrer Road; Additional Services Amendment; Board Member Campbell moved to 97 approve. Board Member Potasnik seconded. Request approved 3-0. 98 Request for Purchase of Goods and Services; Lochmueller Group, Inc.; ($9,800.00); 22-02-116th 99 Street & River Road Roundabout; Board Member Campbell moved to approve. Board Member 100 Potasnik seconded. Request approved 3-0. 101 Request for Purchase of Goods and Services; The Taylor Realty Group, PC; ($15,710.00); 20-ENG-102 04-S-Second Appraisals-Parcels 2&4 and Appraisal Review for Parcel 4; Additional Services 103 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. Request 104 approved 3-0. 105 Request for Purchase of Goods and Services; Convergint Technologies, LLC; ($436,831.11); IT 106 Products and Services; Additional Services Amendment; Board Member Campbell moved to approve. 107 Board Member Potasnik seconded. Request approved 3-0. 108 Request for Purchase of Goods and Services; Fuller Engineering Co., LLC.; ($83,360.00); CRAC 109 Units for Datacenter; Additional Services Amendment; Board Member Campbell moved to approve. 110 Board Member Potasnik seconded. Request approved 3-0. 111 Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($130,284.55); IT Products 112 and Services; Additional Services Amendment; Board Member Campbell moved to approve. Board 113 Member Potasnik seconded. Request approved 3-0. 114 Request for Purchase of Goods and Services; Midwest Landscape Industries, Inc.; ($81,226.800; 2024 115 Carmel City Flowers; Additional Services Amendment; Board Member Campbell moved to approve. 116 Board Member Potasnik seconded. Request approved 3-0. 117 Request for Purchase of Goods and Services; ($63,700.00); GroundsPRO, LLC; Mowing Services; 118 Additional Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik 119 seconded. Request approved 3-0. 120 121 REQUEST TO USE CITY STREETS/PROPERTY 122 Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 123 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24-REMAINS 124 TABLED 125 Request to Use Ice at Carter Green; Carmel Sensory Skate Day; February 25, 2024; 4:00 PM-7:00 126 PM; Board Member Campbell moved to approve. Board Member Potasnik seconded. Request 127 approved 3-0. 128 129 130 OTHER 131 Request for Waiver of BPW Resolution No. 04-28-17-01; Install Brookshire Village Streetlights; Board 132 Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 133 Request for Consent to Encroach and Variance; 11100 Queens Way Circle; Board Member Campbell 134 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 135 Request for Stormwater Technical Standards Waiver; Matriarch Birthing Center; 520 N Rangeline 136 Road Board Member Campbell moved to approve. Board Member Potasnik seconded. Request 137 approved 3-0. 138 Request for Stormwater Technical Standards Waiver; 1140 Westfield Blvd; Board Member Campbell 139 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 140 141 Request for Grant of Perpetual Stormwater Quality Management Easement; Midwest Eye Institute; 142 11220 Illinois Street; Board Member Campbell moved to approve. Board Member Potasnik seconded. 143 Request approved 3-0. 144 145 ADD-ONS 146 147 Board Member Campbell moved to add one add-on item to the agenda. Member Potasnik seconded. 148 Approved 3-0. 149 150 Carmel Streets and Redevelopment Departments respectfully request to add to Wednesday’s BPW 151 agenda the attached Agreement and Addendum with Electron Charger, LLC to install 6 EV charging 152 stations at the Civic Sq garage. This agreement was negotiated over the last 4 months with input from 153 CRC, Streets, Engineering and Legal departments. Electron will own and operate the chargers in 154 exchange for a quarterly fee of $825; however, these funds are expected to be recouped due to the 155 revenue-sharing agreement pursuant to which 85% of the gross revenues will be credited to the City. 156 The installation of EV chargers in the City’s garages is an ongoing effort to meet the demand 157 associated with the ever-growing number of electric vehicles in Carmel. Board Member Campbell 158 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 159 160 161 ADJOURNMENT 162 163 Mayor Finkam adjourned the meeting at 10:13 AM 164 165 166 167 APPROVED: ____________________________________ 168 Jacob Quinn – City Clerk 169 170 171 _____________________________________ 172 Mayor Sue Finkam 173 174 175 ATTEST: 176 __________________________________ 177 Jacob Quinn – City Clerk 178 179 CzBmmjtpoMzodi.NdHsbuibu:;27bn-Gfc25-3135 Window Consultants of Indiana, LLC Administration Department - 2024 Appropriation #1205 101 43-501.00 Fund; P.O. #110882 Contract Not To Exceed $34,592.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Administration\\2024\\Window Consultants of Indiana, LLC Goods and Services.docx:2/13/2024 8:45 AM\] 2 Window Consultants of Indiana, LLC Administration Department - 2024 Appropriation #1205 101 43-501.00 Fund; P.O. #110882 Contract Not To Exceed $34,592.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\Administration\\2024\\Window Consultants of Indiana, LLC Goods and Services.docx:2/13/2024 8:45 AM\] 3 Window Consultants of Indiana, LLC Administration Department - 2024 Appropriation #1205 101 43-501.00 Fund; P.O. #110882 Contract Not To Exceed $34,592.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Administration Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Window Consultants of Indiana, LLC 2601 S 975 E Zionsville, Indiana 46077 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 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 S:\\Contracts\\Departments\\Administration\\2024\\Window Consultants of Indiana, LLC Goods and Services.docx:2/13/2024 8:45 AM\] 4 Window Consultants of Indiana, LLC Administration Department - 2024 Appropriation #1205 101 43-501.00 Fund; P.O. #110882 Contract Not To Exceed $34,592.00 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, 2024 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 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. S:\\Contracts\\Departments\\Administration\\2024\\Window Consultants of Indiana, LLC Goods and Services.docx:2/13/2024 8:45 AM\] 5 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $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 Approved and Adoptedthis day of ,20. CITYOFCARMEL,INDIANA Byandthrough itsBoardofPublicWorksandSafety BY: Sue Finkam,PresidingOfficer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn,Clerk Date: RESOLUTION NO. BPW 02-21-24-01 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused tobe signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: CzTfshfzHsfdivlijobu3;27qn-Gfc12-3135 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1203 101 43-404.01, 43- 593.00 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 One Hundred Twenty Thousand Dollars ($120,000.00) (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\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 2 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 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, 2024, 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\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 3 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence S:\\Contracts\\Departments\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 4 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 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\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 5 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 6 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Marketing and Community Relations Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 7 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 PROFESSIONAL: Bar Communications, LLC 829 Main Street Indianapolis, Indiana 46220 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\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 8 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 9 Bar Communications, LLC Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-404.01, 43-593.00 Fund; P.O.#110836 Contract Not To Exceed $120,000.00 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\\Community Relations\\2024\\Bar Communications, LLC Professional Services.docx:2/1/2024 9:00 AM\] 10 2/1/24 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 BAR Communications 2/1/24 829 Main Street, Indianapolis IN 46220 317-508-8419 N/A Brad Rateike EXHIBIT C AFFIDAVIT 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 the “Employer”) in the position of ______________________________________. 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 _________day of __________________________, 20___. Printed:_____________________________ I certify 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: _____________________________ 1st February 24 Brad Rateike Brad Rateike Media Relations and Communications Services The City of Carmel BAR Communications 1/30/2024 BAR COMMUNICATIONS LLC INDIANAPOLIS, IN 46220 - 110836 829 MAIN STREET City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION MEDIA RELATIONS AND COMMUNICATIONS SERVICES COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377640 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84540 1203Department:101Fund:General Fund 43-404.01Account: MEDIA RELATIONS ANDCOMMUNICATIONSSERVICES1 $22,000.00 $22,000.00Each 22,000.00SubTotal 43-593.00Account: MEDIA RELATIONS ANDCOMMUNICATIONSSERVICES1 $98,000.00 $98,000.00Each 98,000.00SubTotal 120,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110836 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Rebecca Carl James Crider Director Director of Administration CzBmmjtpoMzodi.NdHsbuibu22;28bn-Gfc23-3135 Exhibit A Scope of Services CRE CONSULTING, LLC PROJECT : 16-ENG-45 APPRAISAL SERVICES This Scope of Services ("Scope") combined with the attached agreement describe the relationship between CRE CONSLUTING, LLC ("Professional") and the City of Carmel, Indiana ("City") (collectively Parties"). This Scope hereby incorporates and includes the terms of the attached Agreement (the Terms") which describe and set forth the general legal terms governing the relationship between the Parties (collectively the "Agreement"). The Agreement will be effective when executed by both Parties. Professional shall provide general professional services, consisting of: Two (2) “Value Finding” type Real Estate Appraisals and one (1) “Short Form” type Real Estate Appraisal, relating to proposed right of way valuation and acquisition needs for Project 16-ENG-45 located at 116th Street and AAA Way, Carmel, Indiana, in accordance with the terms and conditions contained in the Agreement and the attached Schedule of Fees provided by Professional to the City which is fully incorporated herein. The City agrees to compensate Professional in the total amount not to exceed Seven Thousand Four Hundred Twenty Dollars ($7,420.00). When the City desires additional Services from Professional, including additional appraisal services and/or buyer's agent services, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after the City has approved Professional' s time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to the City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by the City. General Scope of Services: Appraisals are to be prepared consistent with the Uniform Standards of Professional Appraisal Practice USPAP). Professional will assure that the appraisal is relevant to its program needs, reflect established and commonly accepted appraisal practice, and as a minimum, complies with the definition of appraisal in 24.2(a)(3) and the five following requirements: i. An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), including items identified as personal property, a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a 5-year sales history of the property. ii. All relevant and reliable approaches to value consistent with established appraisal practices. If the appraiser uses more than one approach, there shall be an analysis and reconciliation of approaches to value used that is sufficient to support the appraiser's opinion of value. iii. A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. iv. A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate. v. The effective date of valuation, date of appraisal, signature, and certification of the appraiser. The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner. If the owner of a real property improvement is permitted to retain it for removal from the project site, the amount to be offered for the interest in the real property to be acquired shall be not less than the difference between the amount determined to be just compensation for the owner's entire interest in the real property and the salvage value of the retained improvement. Initial Fee for Services: CzTfshfzHsfdivlijobu21;43bn-Gfc19-3135 CzTfshfzHsfdivlijobu21;36bn-Gfc23-3135 CzBmmjtpoMzodi.NdHsbuibu:;28bn-Gfc25-3135 Nelson Alarm City of Carmel Direct Sale Agreement Date: January 31, 2024 Project Name: City of Carmel Information and Communication Systems stAddress: 31 1Avenue NW City, State, Zip: Carmel, IN 46063 Contact: Todd Luckoski Phone: 317.571.2590 equipment. stThisSalesandInstallationAgreementismadethis31day of January 2024 and City of Carmel Customeragrees to purchase the following equipment and services provided by NA. Direct Sale: QTY35: AxisCommunication 02225-001; Q3538-LVE Dome Camera Fixed: $45,190 QTY41: Axis Communication 5505-091; T94M01D Pendant Kit: $2,437 QTY5: Axis Communications 01473-001; T91B67 Pole Mount: $1,535 QTY18: Axis Communications 5504821; T91D61 Wall Mounts: $469 Total Cost - $49,631 plus applicable freight, taxes or fees. Quote Valid for 30 days. STANDARDTERMSANDCONDITIONS: 1. Intheeventthatanypartoftheaforementionedequipmentbecomesdefective, orintheeventthatanyrepairsarerequired, NA agreestomakeallrepairsandreplacementofpartswithoutcoststotheCustomerforaperiodofoneyearfromthedateofinstallation. NA reservestheoptiontoeitherreplaceorrepairthealarmequipment, andreservestherighttosubstitutematerialsofequalqualityattimeof replacement, ortousereconditionedpartsinfulfillmentofthiswarranty. Thiswarrantydoesnotincludebatteries, reprogramming, damage bylightning, electricalsurgeorwirebreaks. 2. Exceptassetforthinthisagreement, NAmakesnoexpresswarrantiesastoanymatterwhatsoever, including, withoutlimitation, theconditionoftheequipment, itsmerchantability, oritsfitnessforanyparticularpurpose. NAdoesnotrepresentnorwarrantthatthe equipmentmaynotbecompromisedorcircumvented, orthattheequipmentwillpreventanylossbyburglary, hold-up, vandalismor otherwise; orthatthesystemwillinallcasesprovidetheprotectionforwhichitisinstalled. NAexpresslydisclaimsanyimpliedwarranties, includingimpliedwarrantiesofmerchantabilityorfitnessforaparticularpurpose. 3. Thewarrantydoesnotcoveranydamagetomaterialorequipmentcausedbyaccident, misuse, attemptedorunauthorizedrepair service, modification, orimproperinstallationbyanyoneotherthanNA. NAshallnotbeliableforconsequentialdamages. Customer acknowledgesthatanyaffirmationoffactorpromisemadebyNAshallnotbedeemedtocreateanexpresswarrantyunlessincludedinthis contractinwriting; thatCustomerisnotrelyingonNA'sskillorjudgmentinselectingorfurnishingasystemsuitableforanyparticularpurpose andthattherearenowarrantieswhichextendbeyondthoseonthefaceofthisagreement.. Customer'sexclusiveremedyforNA'sbreachof thiscontractornegligencetoanydegreeunderthiscontractistorequireNAtorepairorreplace, atNA'soption, anyequipmentwhichisnon- operational. Thiswarrantygivesyouspecificlegalrightsandyoumayalsohaveotherrightswhichvaryfromstatetostate. Ifrequiredbylaw, NAwillprocureallpermitsrequiredbylocallawandwillprovidecertificateofworkman'scompensationpriortostartingwork. th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802 Nelson Alarm 4. DELAYININSTALLATION: NAshallnotbeliableforanydamageorlosssustainedbyCustomerasaresultofdelayininstallationof equipment, equipmentfailure, orforinterruptionofserviceduetoelectricfailure, strikes, walk-outs, war, actsofGod, orothercauses, includingNA'snegligenceintheperformanceofthiscontract. Theestimateddateworkistobesubstantiallycompletedisnotadefinite completiondateandtimeisnotoftheessence. 5. ALTERATIONOFPREMISESFORINSTALLATION: NAisauthorizedtomakepreparationssuchasdrillingholes, drivingNails, making attachmentsordoinganyotherthingnecessaryinNA'ssolediscretionfortheinstallation oftheequipment, andNAshallnotberesponsible foranyconditioncreatedtherebyasaresultofsuchinstallation, service, orremovaloftheequipment, andCustomerrepresentsthatthe ownerofthepremises, ifotherthanCustomer, authorizestheinstallationoftheequipmentunderthetermsofthisagreement. 6. CUSTOMER'SDUTYTOSUPPLYELECTRICANDTELEPHONESERVICE: Customeragreestofurnish, atCustomer'sexpense, all110 VoltACpowerandelectricaloutletsandreceptacles, internetconnection, highspeedbroadbandcableorDSLandIPAddress, telephonehook- ups, RJ31xBlockorequivalent, asdeemednecessarybyNA. 7. LIENLAW: NAoranysubcontractorengagedbyNAtoperformtheworkorfurnishmaterialwhoisnotpaidmayhaveaclaim againstpurchaserortheownerofthepremisesifotherthanthepurchaserwhichmaybeenforcedagainstthepropertyinaccordancewiththe applicablelienlaws. 8. INDEMNITY/WAIVEROFSUBROGATIONRIGHTS/ASSIGNMENTS: CustomeragreestoindemnifyandholdharmlessNA, its employees, agentsandsubcontractors, fromandagainstallclaims, lawsuits, includingthosebroughtbythird-partiesorbyCustomer, including reasonableattorneys' feesandlosses, assertedagainstandallegedtobecausedbyNA'sperformance, negligenceorfailuretoperformany obligationunderthisagreement. Partiesagreethattherearenothirdpartybeneficiariesofthiscontract. Customeronitsbehalfandany insurancecarrierwaivesanyrightofsubrogationCustomer'sinsurancecarriermayotherwisehaveagainstNAorNA's subcontractorsarisingoutofthisagreementortherelationofthepartieshereto. Customershallnotbepermittedtoassignthisagreement withoutwrittenconsentofNA. NAshallhavetherighttoassignthiscontractandshallberelievedofanyobligationshereinuponsuch assignment. 9. EXCULPATORYCLAUSE: NAandCustomeragreethatNAisnotaninsurerandnoinsurancecoverageisofferedherein. NAisnot assumingliability, and, thereforeshallnotbeliabletoCustomerforanyloss, personalinjury, datacorruptionorinabilitytoretrievedata, or propertydamagesustainedbyCustomerasaresultoftheequipmentfailure, oranyothercause, whatsoever, regardlessofwhetherornot obligationorstrictproductsliability. CustomerreleasesNAfromanyclaimsforcontribution, indemnityorsubrogation. 10. INSURANCE: TheSubscribershallmaintainapolicyofpublicliability, propertydamage, burglaryandtheftinsuranceunderwhich NAisnamedasadditionalinsured. NAshallnotberesponsibleforanyportionofanylossordamagewhichisrecoveredorrecoverablebythe SubscriberfrominsurancecoveringsuchlossordamageorforsuchlossordamageagainstwhichtheSubscriberisindemnifiedorinsured. In theeventofanylossorinjurytoanypersonorproperty, Subscriberagreestolookexclusivel Subscribershallobtaininsurancetocoveranylossthesecurityservicesareintendedtodetecttoonehundredpercentofthe insurablevalue, andSubscriberandallthoseclaimingrightsunderSubscriberwaiveallrightsagainstNAanditssubcontractorsforlossor damagescausedbyburglary, theft, water, smoke, fireorotherperilsintendedtobedetectedbythesecurityservicesorcoveredbyinsurance tobeobtainedbySubscriber, exceptsuchrightsastheymayhavetotheproceedsofinsurance. 11. LIMITATIONOFLIABILITY: CustomeragreesthatshouldthereariseanyliabilityonthepartofNAasaresultofNA'snegligent performancetoanydegreeoffailureorperformanyofNA'sobligationsorequipmentfailure, orstrictproductsliability, thatNA'sliabilityshall belimitedtothesumof $250.00or5% ofthesalesprice, whicheverisgreater. IfCustomerwishestoincreaseNA'samountoflimitationof liability, Customermay, asamatterofright, atanytime, byenteringintoasupplementalcontract, obtainahigherlimitbypayinganannual paymentconsonantwithNA'sincreasedliability. Thisshallnotbeconstruedasinsurancecoverage. 12. LEGALACTION: IntheeventNArefersthiscontracttoanattorney, torecoveranyamountsowedbyCustomertoNAhereunder, the partiesagreethattheamounttoberecovered, andanyjudgmenttobeentered, shallincludeinterestattherateof11/2% permonthfromthe datepaymentisdueandCustomershallpayNA'slegalfees. InanyactioncommencedbyNAagainstCustomer, Customershallnotbe permittedtointerposeanycounterclaim. ThisagreementshallbegovernedbythelawsoftheStateofIndiana. Thepartiesagreethatthe courtsoftheStateofIndianashallhaveexclusivejurisdictionoverthepartiesheretoregardinganydisputebetweenthemandNAand CustomersubmitstothejurisdictionoftheStateofIndiana. CustomersubmitstothejurisdictionofIndianaandagreesthatanylitigation betweenthepartiesmustbecommencedandmaintainedexclusivelyintheState between them. AnyactionbyCustomeragainstNAmustbecommencedwithinoneyearoftheaccrualofthecauseofactionorshallbebarred. All actionsorproceedingsagainstNAmustbebasedontheprovisionsofthisagreement. AnyotheractionthatCustomermayhaveorbring againstNAinrespecttootherservicesrenderedinconnectionwiththisagreementshallbedeemedtohavemergedinandberestrictedtothe termsandconditionsofthisagreement. th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802 Nelson Alarm 13. FULLAGREEMENT/SEVERABILITY/ CONFLICTINGDOCUMENTS. Thisagreementconstitutesthefullunderstandingoftheparties andmaynotbeamendedormodifiedorcanceledexceptinwritingsignedbybothparties, exceptNArequirementsregardingitemsof protectionprovidedforinthisagreementimposedbyAuthorityHavingJurisdiction. Shouldthereariseanyconflictbetweenthisagreement andCustomer'spurchaseorderorotherdocument, thisagreementwillgovernwhethersuchpurchaseorderordocumentispriortoor subsequenttothisagreement. Shouldanyprovisionofthisagreementbedeemedvoid, allotherprovisionswillremainineffect. Nelson Alarm: Customer: Signature: _______________________________ Signature: ______________________________ Printed Name: ____________________________ Printed Name: ___________________________ Date: ___________________________________ Date: ___________________________________ th2602East55Street Indianapolis, Indiana 46220 Phone: 317-255-2125 Fax: 317-253-8802 Cz!Tfshfz!Hsfdivlijo!bu!4;5:!qn-!Kbo!37-!3135 Bqqspwfe!boe!Bepqufe!uijtebz!pg!!-!31!/! DJUZ!PG!DBSNFM-!JOEJBOB! Cz!boe!uispvhi!jut!Cpbse!pg!Qvcmjd!Xpslt!boe!Tbgfuz! CZ;! Tvf!Gjolbn-!Qsftjejoh!Pggjdfs!! Ebuf;! Mbvsb!Dbnqcfmm-!Nfncfs! Ebuf;!!! Bmbo!Qpubtojl-!Nfncfs! Ebuf;!!! BUUFTU;! Kbdpc!Rvjoo-!Dmfsl Ebuf; Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 110852 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 2/2/2024377044 ARGOS CONNECTED SOLUTIONS LLC Street Department VENDORSHIP4122HEYWARDPL 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46250 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 84628 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-509.00 1EachGPS Tracking Services$9,289.32$9,289.32 Sub Total 9,289.32 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 9,289.32PAYMENT 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. Lee HigginbothamJames Crider TITLECommissionerDirector ofAdministration CONTROL NO. 110852 CONTROLLER Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 110749 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 1/3/2024377044 ARGOS CONNECTED SOLUTIONS LLC Street Department VENDORSHIP4122HEYWARDPL 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46250 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 83828 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-509.00 1EachGPS Tracking Services$25,062.00$25,062.00 Sub Total 25,062.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 25,062.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Lee HigginbothamJames Crider TITLECommissionerDirector ofAdministration CONTROL NO. 110749 CONTROLLER Engledow, Inc. Street Department - 2024 Appropriation # 1206 101 43-509.00 Fund; P.O. # 110777 Contract Not To Exceed $53,527.30 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES (“Agreement”) entered into by and between the City of Carmel and Engledow, Inc., (the “Vendor”), as City Contract dated February 5, 2020 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit “A”. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA Engledow, Inc. by and through its Board of Public Works and Safety By: By: Sue Finkam, Presiding Officer Authorized Signature Date: Printed Name Laura Campbell, Member Date: Title Alan Potasnik, Member FID/TIN: Date: ATTEST: Date: Jacob Quinn, Clerk Date: S:\\Contracts\\Departments\\Street\\2024\\Engledow, Inc. ASA - Flower Maintenance.docx:1/17/2024 11:39 AM\] Todd Engledow CEO 35-1066915 02/01/2024 Exhibit A City of Carmel Street Department 2024 Flower Maintenance-Service Contract The City of Carmel would like to receive quotes for planting and maintaining Spring, Summer, Fall annuals , and Winter decor for four areas in Carmel. Maintaining includes watering and removing weeds from the planted areas. Some areas are irrigated but may still need supplemental watering of the areas. The four areas to be planted with annuals and annuals maintained are: 1. Main St. Cast Stone Planters (32 planters total-each opening approx. 24" wide) 2. Sophia Square Courtyard (18 rectangular planters and the base of 12 topiary planters) 3. Palladium Planters & Urns (15 small stone urns , 15 large stone urns , 15 stone planters , & 64 iron urns) 4. Indiana Design Center (5 large urns & 6 small urns) The Carmel Street Department will be purchasing all annuals /perennials for this contract. The Contractor will be required to install and maintain these plantings for Spring , Summer, Fall, and Winter seasons. A 2" layer of leaf compost is to be applied by the contractor to all planting beds, pots, or urns and incorporated into a depth of 6" prior to planting of any annual or perennial. The contractor is to supply the leaf compost. The Contractor will be required to apply a three-month slow-release application of fertilizer , as to manufacturer's specifications, to all planting beds, pots, or urns after planting is complete. The Contractor will also water all annuals/perennials immediately after planting and inform the City by text or e-mail as to which areas have been completed. The Contractor will be required to use dark brown dyed hardwood mulch around the annuals after planting occurs if the soil is disturbed to have a completed finished look to each landscape area. No more than 33% of soil or mulch shall be visible after planting any seasonal display. Spring planting is to begin in the 3rd week of March. Summer planting is to begin the week of May 13 th . Fall planting is to begin in the 1st week of October. Winter decor is to be complete before the 2nd Saturday in November. Upon the completion of the growing season , the contractor will be required to pull all dead annuals/ decor, trim all perennials that were planted, and remove and dispose of all plant material from the planting beds. Page 1 of 6 Winter Decor Details The Sophia Square topiaries are not to have any decorations. Only the 18 rectangular stone planters will have winter decor. Winter decorations are to include greens covering the entire planter opening to a height of not less than I ft. high. All soil in the planters is to be covered with the winter decor. The center of the urn is to be as high as the width of the urn, with the maximum height to be 6 ft tall. The construction of the winter decorations is to be made in such a way so they will withstand winter winds, storms, and snow. The Contractor is to maintain, repair, or replace any decorations that do not withstand winter weather. Some urns contain irrigation systems. If any of these systems are damaged during the installation of decorations, the Contractor is responsible for repairs. The allowable material for each planter should be a mixture of: Branches spray-painted white or gold Cut eucalyptus Dried hydrangea blooms Dried Magnolia grandifl-ora branches Evergreen boughs Holly branches (both evergreen and deciduous) flex verticillata Pinecones Red, Silver, or Gold ornaments Any other festive plant materials approved by the City prior to installation Page 2 of 6 Winter Decoration Examples Page 3 of 6 Page 4 of 6 Page 5 of 6 End of Specifications Page 6 of 6 January 09, 2024 CITY OF CARMEL STREET DEPARTMENT 2024 CONTRACT PROPOSAL Contract No. -75151 CITY OF CARMEL This is an agreement between Engledow, Inc., 1100 East 116th Street, Carmel, IN 46032, and City of Carmel ("Client"), Attn: Crystal Edmondson, 3400 W. 131st Street, Carmel, IN 46074 . INCLUDED SERVICE DESCRIPTIONS WEED CONTROL Landscape beds will be relatively free of weeds at all times . Weeds in landscape beds and tree rings will be pulled or sprayed with an herbicide . On appropriate plant material, a pre-emergent herbicide may also be employed. Suckers will be removed from plants where appropriate . SPRING COLOR -INSTALL Spring pansies, as designed by Engledow, will be installed in the designated flowerbeds or containers as soon as the ground is workable. SPRING COLOR -WATER Spring flowers will be watered and maintained during their growing season. SPRING COLOR -REMOVAL Spring flowers will be removed when summer annuals are installed. SUMMER COLOR -INSTALL Annual flowers, as designed by Engledow, will be installed in the designated flowerbeds or containers after the threat of frost is past. Four basic practices that yield consistently superior flowerbeds will be used: vigorous tilling, incorporation of amendments of organic matter and nutrients, careful variety selection, and mulching after planting. In each planting area, soil conditions and microclimate will be fully considered. Annual flowerbeds, maintained by Engledow, will be guaranteed to be viable through September 1st of each year. Flowers are not guaranteed if damaged by vandalism, wildlife, vehicles, storm damage, fire, flood, or act of God. SUMMER COLOR-WATER AND MAINTAIN Summer color flower plantings will be cared for throughout the growing season to promote healthy plants and vigorous blooming. Routine inspections are made to identify fertility needs, insect, and disease problems. Watering and fertilization will be done as conditions warrant. Appropriate pest controls will be applied as necessary. Occasionally, disease problems are encountered that cannot be controlled and can be only marginally contained. SUMMER COLOR -REMOVAL Annual summer flowers will be removed in early fall when plants begin to decline due to the shorter days and seasonal changes. Engledow, Inc. • 1100 East 116th Street • Carmel IN 46032 Contract No. -75151 CITY OF CARMEL STREET DEPARTMENT January 09, 2024 FALL COLOR -INSTALL Fall color, as designed by Engledow, will be installed in designated flowerbeds or containers. FALL COLOR-WATER Fall color will be watered, as needed, depending upon rainfall amounts. FALL COLOR-REMOVAL Fall color will be removed when their color has faded. WINTER PLANTING -INSTALL Evergreen plantings, designed by Engledow, will be installed in designated areas, as a winter cover when the preceding change-out is removed. Timing will depend on how long the preceding color program is viable. WINTER PLANTING -MAINTAIN Winter cover will be monitored and watered, as needed, during the winter season. WINTER PLANTING -REMOVAL Winter cover is removed when the spring or summer seasonal change-out is due. OPTIONAL SERVICE DESCRIPTIONS PRUNING Engledow recognizes pruning as a horticultural process in which plant species are pruned based on their individual requirements -determined by growing season and flowering. We follow the basic formative principles of pruning; remove unhealthy branches, preserve desired shape, and structure, and maintain safety and accessibility. This pruning maintenance service is for the growing season and does not include the following: topping, corrective pruning of storm-damaged plant material, rejuvenation, heading or renewal pruning, dormant season pruning, large tree pruning, or any pruning that requires the use of a ladder or lift. Engledow, Inc. • 1100 East 116th Street • Carmel IN 46032 Contract No. -75151 CITY OF CARMEL STREET DEPARTMENT January 09, 2024 2024 CONTRACT SUMMARY ESTIMATED INCLUDED SERVICES PRICE EACH EXT PRICE SALES TAX TOTAL PRICE WEED CONTROL $0.00 $1,455.74 SPRING COLOR -INST ALL $0.00 $6,106.62 SPRING COLOR-WATER $0.00 $1,795.20 SPRING COLOR -REMOVAL $0.00 $1,615.68 SUMMER COLOR -INSTALL $0.00 $6,669.85 SUMMER COLOR-WATER AND $ 0.00 $14,084.10 MAINTAIN SUMMER COLOR -REMOVAL $0.00 $3,051.84 FALL COLOR-INSTALL $0.00 $5 ,161.20 FALL COLOR -WATER $0.00 $2,468.40 FALL COLOR -REMOVAL $0.00 $2,121.75 WINTER PLANTING-INSTALL $0.00 $4,622.64 WINTER PLANTING -MAINTAIN $0.00 $628.43 WINTER PLANTING -REMOVAL $0.00 $3,745.85 TOTAL: $0.00 $53,527.30 ESTIMATED OPTIONAL SERVICES PRICE EACH EXT PRICE SALES TAX TOTAL PRICE PRUNING 0.00 $1,346.40 TOTAL: $ 0.00 $1,346.40 Engledow, Inc. • 1100 East 116th Street • Carmel IN 46032 Contract No. -75151 CITY OF CARMEL STREET DEPARTMENT January 09, 2024 BILLING SCHEDULE NOTE: Optional services are not included ESTIMATED MONTHLY BILLING SCHEDULE SERVICE PRICE SALES TAX TOTAL PRICE MARCH2024 $4,460.61 $0.00 $4,460.61 APRIL 2024 $4,460.61 $0.00 $4,460.61 MAY2024 $4,460.61 $0.00 $4,460.61 JUNE2024 $4,460.61 $0.00 $4,460.61 JULY2024 $4,460.61 $0.00 $4,460.61 AUGUST2024 $4,460.61 $0.00 $4,460.61 SEPTEMBER 2024 $4,460.61 $0.00 $4,460.61 OCTOBER 2024 $4,460.61 $0.00 $4,460.61 NOVEMBER 2024 $4,460.61 $0.00 $4,460.61 DECEMBER 2024 $4,460.61 $0.00 $4,460.61 JANUARY 2025 $4,460.61 $0.00 $4,460.61 FEBRUARY 2025 $4,460.61 $0.00 $4,460.61 TOTAL: $53,527.32 $0.00 $53,527.32 Engledow, Inc. • 1100 East 116th Street • Carmel IN 46032 Contract No. -75151 CITY OF CARMEL STREET DEPARTMENT January 09, 2024 TERMS AND CONDITIONS SOLICITATION: Client agrees to neither solicit nor hire, neither during the term of this Agreement nor for twelve months thereafter, any person who was an Engledow employee during the term of the agreement. DECISION: A signed copy of this Agreement must be returned to Engledow within thirty days to obtain the quoted prices. MOST CURRENT AGREEMENT: This Agreement supersedes all prior negotiations, proposals and understandings, if any, between Client and Engledow and constitutes an understanding of the parties. DOMAIN: This Agreement is governed by the laws of the State oflndiana. CAPACITY: The person signing this contract represents that they have the authority to do so on behalf of the Client. BILLING TERMS: All charges will be billed in advance of the service period. Client agrees to pay all amounts due under this contract within thirty days of the billing date. Payments not received within thirty days are subject to a service charge of 1 ½%per month (18% annually). Payment via check or electronic fund transfer is preferred. Cash, bank wire transfer, and credit card payment options are also available upon request. Credit card payment requires a signed authorization form which authorizes an additional nominal surcharge to share in third-party processing costs. COLLECTION TERMS: Client agrees to pay all costs of collection and all reasonable attorney fees in the event it becomes necessary for Engledow to enforce any of the provisions of this Agreement. TERMS OF CONTRACT: This contract is for the full period of time stated above. The contract may be terminated for cause after the Client has given Engledow Group written notice of a service deficiency and Engledow group has failed to cure said deficiency within 30 days. Should the contract be terminated prior to completion, the Client shall pay Engledow for all services delivered prior to the effective termination date based on contractually quoted price by service. DELAY: If installation/work initiation is delayed at the direction of the Client and/or their agents from the agreed upon date, the Client will reimburse Engledow for any extra costs incurred as a result of the delay. ADDITIONAL WORK: Services not specified in the Specifications Exhibit will be provided on a time and materials basis. SPECIAL ORDERS: Special order items require a deposit of fifty percent and cannot be canceled or returned. FUEL: Due to Engledow 's significant fuel consumption in vehicles and equipment and the current uncertainty of fuel prices, it may be necessary for Engledow to add a fuel surcharge to its invoices. Any surcharge would be based on actual changes in fuel prices. MANUFACTURER WARRANTIES: Manufactured products such as decorative containers are covered only by the manufacturer 's warranty. Copies of the manufacturer 's warranty will be provided upon request. No further warranty is expressed or implied. Defects and damages which develop over time (after the manufacturer's warranty has expired) are the responsibility of the Client. Engledow will do its best to assist you in anticipating problems and resolving them. UNDERGROUND AND PRIVATE UTILITIES: Engledow will not be responsible for damage done to unmarked cables, and "private utilities". Including but not limited to gas lines , irrigation lines, power lines, telephone lines, lighting wires, and electric dog fencing. The contract price does not include time and materials needed to overcome underground hazards (i.e., vaults, cisterns, wells, sewers, junction boxes, boulders, stumps and any other unforeseen obstacles). By By Brian Basey Date January 09, 2024 Date ENGLEDOW, INC. CITY OF CARMEL Engledow, Inc. • 1100 East 116th Street • Carmel IN 46032 Engledow Flower Locations-2024 Spring Location Size Notes Main St. Cast Stone Planters 32 planters 48 flats-1801-pansy Sophia Square Courtyard 18 rectangle planters 54 flats-1801-pansy Sophia Square Courtyard 12 topiary bases 24 flats-1801-pansy Palladium 15 small stone urns 20 flats-1801-pansy Palladium 15 large stone urns 68 flats-1801-pansy; 45 grass Palladium 15 stone planters Empty for spring Palladium 64 iron urns 64 flats-1801-pansy Indiana Design Center 5 large; 6 small urns 24 flats-1801-pansy Summer Location Size Notes Main St. Cast Stone Planters 32 planters 256-4.5" pot-vinca Sophia Square Courtyard 18 rectangle planters 54 flats-1801-impatiens; 36 el. ear Sophia Square Courtyard 12 topiary bases 24 flats-1801-impatiens Palladium 15 small stone urns 225-4.5" pot petunia; 15 grass Palladium 15 large stone urns 330-4.5"-annuals; 15-6"-canna Palladium 15 stone planters 600-4.5"-annuals Palladium 64 iron urns 320-4.5"-annuals Indiana Design Center 5 large; 6 small urns 110-4.5"-annuals; 10-6"-canna Fall Location Size Notes Main St. Cast Stone Planters 32 planters 192-4.5"-snapdragons Sophia Square Courtyard 18 rectangle planters 540-4.5"-snapdragons Sophia Square Courtyard 12 topiary bases 24 flats-1801-pansy Palladium 15 small stone urns 150-4"-annuals; 10 flats-1801-pansy Palladium 15 large stone urns 240-4" snaps; 45 grass; 68 flats-1801 pansy Palladium 15 stone planters Empty for fall Palladium 64 iron urns 512-4"-snaps; 64-6"-kale; 44 flats-1801 pansy Indiana Design Center 5 large; 6 small urns 16 flats-1801-pansy; 25-4.5"-kale Winter Location Size Notes Main St. Cast Stone Planters 32 planters 32-3 gal-junipers Sophia Square Courtyard 18 rectangle planters 72-12" winter inserts Sophia Square Courtyard 12 topiary bases Empty for winter Palladium 15 small stone urns 15-21" winter inserts Palladium 15 large stone urns 15-21" winter inserts Palladium 15 stone planters 15-75' rolls fresh garland Palladium 64 iron urns 64-12" winter inserts Indiana Design Center 5 large; 6 small urns 6-12" & 5-21" winter inserts City of Carmel INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NU MBER FEDERAL EXCISE TAX EXEMPT 110777 ONE CIVIC SQ UARE 35-6000972 THIS NUMB ER MUST APP EAR ON INVOIC ES, N P CARMEL , INDIANA 46032-2584 VOUC HE R, DELI VERY MEMO , PACK ING SLI PS, SHIPPI NG LA BELS ANDANY CORR ESPOND EN CE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. 1/11/2024 ENGLEDOW, INC VENDOR 1100 E 116TH ST CARMEL, IN 46032 - PURCHASE ID BLANKET I CONTRACT 84086 I QUANTITY UNIT OF MEASURE Department: 1206 Account: 43-509.00 1 Each Fund: 101 General Fund Flower Maintenance Send Invoice To: Street Department VENDOR NO. 358653 SHIP TO PAY MENT TER MS DESCRIPTION DESCRIPTION Street Department 3400 W. 131 st Street Carmel , IN 46074- 317) 733-2001 FREIGHT UNIT PRICE 53,527.30 Sub Total I EXTENSION 53,527.30 53,527.30 3400 W. 131st Street Carmel , IN 46074- 317) 733-2001 PLEASE INVOICE IN DUPLICATE I DEPARTMENT ACCOUNT I PROJECT I PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREP AID. C.O.D. SHIP MENT CA NNO T BE ACC EPTED. PURC HAS E ORD ER NUM BE R MUS T APPE AR ON ALL SHIPP ING LA BEL THI S ORDER ISSU ED IN COM PLI ANC E WITH CHAPTE R 99 , ACTS 1945 AND AC TS AM EN DATORY THE REOF AN D SU PPLE MENT THERE TO. CONTROL NO . 110777 ORDERED BY TITLE CONTROLLER PAYMENT $53,527.30 NP VOUC HE R CANNOT BE APP ROV ED FOR PAYM ENT UN LE SS THE P.O. NUM BE R IS MAD E A PART OF THE VOUC HE R AND EVERY INVOIC E AND VOUC HE R HAS THE PRO PE R SWOR N AFFI DAV IT ATT AC HED. I HE REBY CERTIF Y TH ATTHE RE ISAN UNO BLI GATED BALANCE IN THIS APP RO PRIATIONSUFFI CIENT TO PAY FOR THE ABOV E ORD ER. 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Uijt!ftujnbuf!jt!wbmje!gps!41!ebzt!boe!jt!cbtfe!po!fwbmvbujpo!pg!uif!sfrvjsfnfout!up!dpnqmfuf!uif!eftjhobufe!tdpqf!pg!xpsl/!Tvqqmfnfoubm!dibshft!nbz!bqqmz!gps beejujpobm!mbcps!ps!nbufsjbm!sfrvjsfe!evf!up!vogpsftffo!djsdvntubodft/!Qbsut!boe!tdifevmjoh!bwbjmbcjmjuz!jt!efufsnjofe!bu!ujnf!pg!psefs-!vqpo!bddfqubodf!pg!uijt qspqptbm!ps!dpvoufstjhobuvsf!pg!puifs!sfrvjsfe!epdvnfout/!Qbznfou!ufsnt!bsf!Ofu!56-!vomftt!bqqspwfe!jo!xsjujoh!cz!MjpoIfbsu/!Ejtdpvout!ep!opu!bqqmz/!Qbznfou up!MjpoIfbsu!!dpoujohfou!vqpo!qbznfou!gspn!b!uijse!qbsuz/!MjpoIfbsu!qsfgfst!qbznfou!cz!difdl!ps!BDI/!jt!opu Dsfeju!dbset!xjmm!cf!bddfqufe!gps!jowpjdft!pg!mftt uibo!%26-111/!B!4/1&!gff!xjmm!cf!jowpjdfe!tfqbsbufmz!gps!dsfeju!dbse!dibshft!jo!fydftt!pg!uijt!bnpvou/!Qbtu!evf!bddpvout!tibmm!cfbs!gjobodf!dibshft!dpnqvufe!po b!npouimz!sbuf!pg!2/6&/!MjpoIfbsu!tibmm!cf!foujumfe!up!sfdpwfsz!pg!sfbtpobcmf!buupsofz!boe!dpmmfdujpo!gfft!jo!uif!fwfou!pg!boz!mfhbm!bdujpo/ Tjodfsfmz-`````````````````````````````````````````````````````````` Nbsl!Tdinbmu{Bddfqubodf!TjhobuvsfEbuf Bddpvou!Fyfdvujwf Ivoufs!Tbmft!Ufbn Pggjdf!Ejsfdu;!)428*!4:8.3:3:! 3508!QI;!955.MIQPXFS!}!955.658.7:48! nbsl/tdinbmu{Amidqt/dpn 24262!Fyfdvujwf!Dpvsu!Ivoumfz-!JM!71253! Qbhf!3!pg!3 3508!QI;!955.MIQPXFS!}!955.658.7:48!Gby;!926.449.8254 Bvupnbujd Usbotgfs!Txjudi NBJOUFOBODF Bvupnbujd!Usbotgfs!Txjudi!)but*!JOTQFDUjpo IncludescomprehensiveinspectionoftheATScomponentsbelow. Dpouspm!qbofm!ibsexbsf nfdibojdbm!ibsexbsfbddfttpsjft Indicator bulbsIn-phasemonitorLinkages Gauges LimitswitchesElevatorpresignal Alarms InterlocksCommunication module Controls PhasebarriersEnginestartcontacts ArcChutes Beejujpobm!jufnt!up!cf!jotqfdufe Inspectvoltage-sensingrelaysandsettings Recordpick-up/dropoutvoltagesfornormalandemergency Temperaturereadingsofindividualcablelugsutilizinganinfraredthermometer InspectATSenclosureformoistureorevidenceofoverheating CleanATSenclosuretoremovedustandlightdebris Qbsbmmfmjoh! Txjudihfbs Nbjoufobodf qbsbmmfmjoh!Txjudihfbs!jotqfdujpo!,!uftujoh Includescomprehensiveinspectionoftheparallelingswitchgearcomponentsbelow. Itisstronglyencouragedthisservicebeperformedinconjunctionwithannualloadbanktesting. Dpouspm!qbofm!ibsexbsf Jotqfdujpo!pg!djsdvju!csfblfs Connections VoltmeterInspectionofrackingmechanism RelaysLubrication oflinkagesifnecessaryPLCbattery Synclights IndicatorlampsCircuitbreakermaintenanceandtesting (quoted upon request) Fuses PowerbusProtective relayandmaintenance (quoted upon request) Insulators Frequencymeter Controlwiring Switchgearbattery gvmm!gvodujpo!uftu!pg!txjudihfbs Start-upgeneratorsandclosetobususingbreakercontrolswitches Checkgeneratorandsetnoloadvoltageandfrequencywithdigitalvoltmeter Manuallycompletesynchronizationofgeneratorsandclosetothebus Testalarmsandshutdowns (some applications require additional labor) Cleanenclosuretoremovedustandlightdebris 955/MIQPXFS 35!ipvst!b!ebz!0!476!ebzt!b!zfbs qpxfsbttvsfe/dpn Hfofsbups! nbjoufobodf MFWFM!2!JOTQFDUjpo Includescomprehensiveinspectionofthefollowingsystemscriticalforpowergenerationandsafety. Dppmjoh!Tztufn Gvfm!TztufnMvcf!Pjm!Tztufn Radiator FueltankOillevelandcondition Hoses FuellinesandconnectionsOperatingoilpressure Fandriveandpulley GovernorandcontrolsCrankcasebreather Drivebelts FuelpressureVentilation Jacketwaterheater Daytankandpump Waterpump Coolant Fohjof!Npojupst!,!Bjs!Joevdujpo!,! Tubsujoh!Tztufn Tbgfuz!DpouspmtFyibvtuBatteries ControlpanelAirTerminals AlarmindicatorsAirinletsystemStarter GaugesTurbochargerAlternator RemoteannunciatorsExhaustsystemBatterycharger Louvermotors MFWFM!3!NBJOUFOBODF IncludesLevel1Inspectionplusthepreventativemaintenanceandserviceslistedbelow. Replaceanddisposelubeoilandoilfilters Replaceanddisposefuelfiltersandcleanapplicablefuelscreens Inspectionalternatorassembly (brushesandsliprings) andlubricationofrearbearingifapplicable Laboratoryanalysisofoil, coolant, andfuelsample (additionalcostifapproved) Mpbe!Cbol!Uftujoh OurresistiveloadbanksallowourFieldServiceEngineerstotestgeneratorperformanceupto100% ofratedcapacity. VerifythegeneratoriscapableofperformingproperlyatincrementallyhigherkWloads (blockloading) Confirmthegeneratoriscapableofaccommodatingitsmaximumloadforanextendedtime SatisfycoderequirementsforNFPA + NECandprovidecomprehensivereports 955/MIQPXFS 35!ipvst!b!ebz!0!476!ebzt!b!zfbs qpxfsbttvsfe/dpn Qbhf!2!pg!2JOEJBOB!SFUBJM!UBY!FYFNQU DFSUJGJDBUF!OP/!114231266!113!1 QVSDIBTF!PSEFS!OVNCFSCityofCarmel GFEFSBM!FYDJTF!UBY!FYFNQU 221965 46.7111:83 THIS NUMBER MUST APPEAR ON INVOICES, A/PPOF!DJWJD!TRVBSF VOUCHER, DELIVERY MEMO, PACKING SLIPS, DBSNFM-!JOEJBOB!57143.3695 SHIPPING LABELS AND ANY CORRESPONDENCE GPSN!BQQSPWFE!CZ!TUBUF!CPBSE!PG!BDDPVOUT!GPS!DJUZ!PG!DBSNFM!.!2::8 QVSDIBTF!PSEFS!EBUF!!!EBUF!SFRVJSFE!!!!!SFRVJTJUJPO!OP/!!!!!!!!!!!!WFOEPS!OP/!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EFTDSJQUJPO 30603135486635!! MJPOIFBSU!DSJUJDBM!QPXFS!!!!!!!!!!!Tusffu!Efqbsunfou WFOEPSTIJQ! 24262!FYFDVUJWF!DSU!!!!!!!!!!!!!!!!4511!X/!242tu!Tusffu UP Dbsnfm-!JO!!57185. IVOUMFZ-!JM!!71253!.!!!!Nbuu!Ijhhjocpuibn)428*!844.3112 QVSDIBTF!JE!!!!!!!!!!CMBOLFU!!!!!!!!DPOUSBDU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!QBZNFOU!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!GSFJHIU 95758 RVBOUJUZVOJU!PG!NFBTVSFEFTDSJQUJPOVOJU!QSJDFFYUFOTJPO Efqbsunfou;Gvoe; 33123312Npups!Wfijdmf!Ijhixbz!GOE Bddpvou; 54.612/11 2FbdiHfofsbups!Tfswjdf%3-323/11%3-323/11 Tvc!Upubm 3-323/11 Tfoe!Jowpjdf!Up; Tusffu!Efqbsunfou 4511!X/!242tu!Tusffu Dbsnfm-!JO!!57185. 428*!844.3112 QMFBTF!JOWPJDF!JO!EVQMJDBUF EFQBSUNFOUBDDPVOUQSPKFDUQSPKFDU!BDDPVOUBNPVOU 3-323/11PAYMENT 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 PSEFSFE!CZANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Mff!Ijhhjocpuibn UJUMFDpnnjttjpofs CONTROL NO. 221965 DPOUSPMMFS Mainscape, Inc. CzTfshfzHsfdivlijobu3;55qn-Gfc16-3135StreetDepartment -2024 Appropriation # 2201 2201 43-509.00; 2201 2201 43-504.00 Motor Vehicle Highway Fund AMENDMENT TO AGREEMENTFOR GOODS ANDSERVICES THIS AMENDMENT TO AGREEMENTFOR GOODS ANDSERVICES("Amendment") isentered intoby and between City of CarmelityandMainscape, Inc.,13418 Britton Park Road, Fishers, Indiana 46038, a business entityauthorized to do business in the State of Indiana("Mainscape"), forGoods andServicespreviously executed by the Parties and datedJanuary 11, 2024amendstheamount of compensationdue to the erroneous amount provided in the original quote.Goods and servicesand the corresponding compensation amountare more particularly described in the revised Scope of Services dated January 19, 2024which isattached as Exhibit A and fully incorporated herein by this reference. Therefore, the Parties agree as follows: 1. Amended Scope of Services-The Parties agree that preciously presentedScope of Servicesis hereby amended and previous Exhibit Aas was attached to the Agreement is deleted in its entirety and replaced with the attached Exhibit A. 2. Amended Compensation -The Parties agree thatdue to the revised Scope of Services,Section 5 of the Agreement is hereby amended to change the amount of compensation to Sixty-OneThousand Nine Hundred Ninety-NineDollarsand Eighty-SevenCents($61,999.87). 3.All other terms and provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: City of CarmelMainscape, Inc. BY:BY: Sue Finkam, Presiding OfficerAuthorized Signature Date: Ben RoblesPrintedName: Operations ManagerLauraCampbell, MemberTitle: Date: 2/1/2024Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 2/1/2024 MAINSCAPE LANDSCAPING FISHERS,, IN 46038 - 110845 13418 BRITTON PARK ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00351837 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84606 1206Department:101Fund:General Fund 43-504.00Account: Mowing / Landscaping1 $3,806.31 $3,806.31Each 3,806.31SubTotal 3,806.31 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110845 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 2/1/2024 MAINSCAPE LANDSCAPING FISHERS,, IN 46038 - 110844 13418 BRITTON PARK ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00351837 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 84605 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: Mowing / Landscaping1 $58,193.56 $58,193.56Each 58,193.56SubTotal 58,193.56 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110844 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner Clerk 1/3/24 BPW 1/11/24 Reviewed/Recommend Approval CPD Horner 12/7/23 STREET Privett 12/7/23 CFD Heavner 12/8/23 ENGINEERING Kirsh 12/11/23 CRED Brewer 12/28/23 CITY OF CARMEL USE ONLY Approved this __ day of ______ , 2024 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety Sue Finkam, Presiding Officer Date: ___________ _ Laura Campbell, Member Date: ------------ Alan Potasnik, Member Date: ___________ _ ATTEST: Jacob Quinn, City Clerk Date Special Conditions: _________________________ _ RESOLUTION NO. BPW 02-21-24-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY AMENDING THE CITY OF CARMEL SPECIAL EVENT/FACILITY USE POLICY WHEREAS, the City of Carmel, Indiana (“City”), has a central purpose of preserving and protecting the health, safety and welfare of the general public; and, WHEREAS, the City, pursuant to Indiana Code § 36-8-2-9, has the power to regulate public gatherings, such as shows, demonstrations, fairs, conventions, sporting events and exhibitions; and, WHEREAS, the City’s Board of Public Works and Safety (the “Board”), pursuant to Indiana Code 36-9-6, has the duty to supervise and maintain the City’s property, public streets and public grounds; and, WHEREAS, the Board exercises this power by requiring the organizers of events taking place on City property, streets, or grounds to obtain the approval of the Board prior to holding an event; and, WHEREAS, the City is committed to, and endeavors to effectuate, the robust protections of the First Amendment of the United States Constitution; and WHEREAS, the Board finds it is in the public interest to now amend its Special Event/Facility Use Policy. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The amended City of Carmel Special Event/Facility Use Policy, attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted. All prior versions of the City’s Special Event/Facility Use Policy are hereby repealed. Section 3. Funds received for the $100 refundable deposit shall be deposited into General Fund 101) Line Item 360010 – Miscellaneous Revenue. Funds received for the non- refundable $150 fee shall be deposited into the Non-Reverting Events and Festivals Fund (Fund #923). Section 4. This Resolution is effective upon its passage. Resolution No. BPW 02-21-24-03 Page One of Two ThisResolution wasprepared byBenjamin J. Legge, Interim Corporation Counsel, onFebruary 13, 2024, at10:26a.m. No subsequent revision tothisResolution hasbeenreviewed byMr. Legge forlegalsufficiency orotherwise. SO RESOLVED this day of , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 02-21-24-03 Page Two of Two ThisResolution wasprepared byBenjamin J. Legge, Interim Corporation Counsel, onFebruary 13, 2024, at10:26a.m. No subsequent revision tothisResolution hasbeenreviewed byMr. Legge forlegalsufficiency orotherwise. EXHIBIT A CITY OF CARMEL SPECIAL EVENT/FACILITY USE POLICY Individuals, businesses, and organizations may request, through the City of Carmel’s (“City”) Board of Public Works and Safety (“Board”), touse certain City facilities orproperty, collectively referred tointhis policy as “City facilities” or “City property,” including but not limited tothe Civic Square Fountain Area, Civic Square Gazebo and Lawn, Japanese Garden, Midtown Plaza, Monon & Main Plaza, Reflecting Pool excluding the area known asVeterans Memorial Freedom Circle and Plaza), Sophia Square, and City Hall 1CaucusRoomsandCityCouncilChambers, tohost special programs/events. Individuals, businesses, and organizations also may request street closings. Allapproved programs/events and street closings must adhere tothis Special Event/Facility Use Policy. Requests for use ofCity facilities orproperty generally are reviewed andgranted onafirst-come, first- served basis, subject tothe exceptions discussed below. Inaccepting andreviewing requests, the Cityis committed to, and endeavors toeffectuate, the robust protections ofthe FirstAmendment ofthe United States Constitution. Thus, solong asthe expressions sought tobeadvanced with arequested use ofCity facilities orproperty are within the bounds ofthe First Amendment’sprotections, the City remains committed tocommunity members’ right, with very few exceptions, tobefree from government abridgement ofspeech and expressive conduct, and will review requests consistently with that commitment. SPECIAL EVENT/FACILITY USE REQUEST PROCEDURES A. REQUEST AND SUBMITTAL DEADLINE: Any individual, business, organization, orother entity seeking torequest (“Requestor”) astreet closing, use City facilities orproperty (other than City Hall Caucus Rooms orCity Council Chambers) atatime itisotherwise closed tothe public, or host aspecial program orevent onoratCity facilities orproperty that isreasonably expected or desired toresult inagathering ofatleast fifty persons, shall complete and submit the online Special Event/Facility Use Request Form and Acknowledgement Agreement and attach any additional documents (ifapplicable) asdescribed below. For any request touse the City Hall Caucus Room(s) orCouncil Chambers, regardless ofthe expected size ofthe gathering, Requestor shall complete the City Hall Caucus Room orCouncil Chambers Request Form and Acknowledgment Agreement andattach any additional documents (ifapplicable) asdescribed below. Allrequest submission requirements for street closing and/oruse ofCity facilities are referred toin this policy asthe “Event Form.” The Event Form must besubmitted aminimum of60days prior tothe planned date of the event oractivity. Approval ofthe request must begranted bythe Board, which meets onthe first and third Wednesday ofeach month. The Board will not generally consider any Event Form which does not meet the 60-day submittal deadline. However, the Board recognizes that under certain circumstances, such asresponses tocurrent events, a timely submitted Event Form is not practicable. Accordingly, the Board will excuse untimeliness ofanEvent Form where the Requestor has demonstrated that the Event Form could not have been requested sooner despite the Requestor’sreasonable diligence and efforts tocomply with thisdeadline, and the 1 Veterans Memorial Freedom Circle andPlazaisnotavailable for use, asitisconsidered asolemn memorial honoring livinganddeceased American Veterans. Revised 2/14/2024 purposes ofthe timeliness requirement—including anability for the City to prepare the resources necessary tosafely and reasonably sustain the event—are not unreasonably impeded. Requestors will receive notices byemail regarding asubmitted Event Form. B. SECURITY DEPOSITS AND EVENT FEES: Individual, business, ororganization located orresiding inside ofthe City’scorporate limits: Arefundable Security Deposit inthe amount of $100 isdueupon submission ofthe Event Form. The security deposit will berefunded tothe extent itisnot used to pay for the cost of repairing any damage orclean-upassociated with the use ofthe Facility. Individual, business, ororganization located orresiding outside ofthe City’scorporate: Anon-refundable event fee inthe amount of $150 isdue upon submission ofthe Event Form. The event fee applies only when reserving aCity facility orproperty. AllRequestors remain liable for the cost ofrepairing any damage orclean-upassociated with the use ofthe City facility orproperty that exceeds the amount ofthe security deposit or fee. Final determination ofdamages shall be made bythe City’sFacilities Manager orhis/her designee. Requests will notbeprocessed until security deposit and/orevent feepayments have been received. Payment may bemade online using acredit ordebit card byclicking here and entering Pay Location Code (PLC number) A0026j orbycalling 1-888-604-7888 (give them PLC#). ARequestor may check available dates prior tocompleting the Event Form and making payment by calling City Hall at317-571-2400. GENERAL TERMS AND CONDITIONS A. PRIORITY OF APPROVAL: Use ofaCity facility for aCity-sponsored function shall take priority over itsuse for all other purposes, regardless ofany prior approval. Inaddition, anannual or ongoing event shall begiven preference over aone-time event. Otherwise, allrequests will be granted onafirst-come, first-served basis. Event Forms may besubmitted tothe Board upto twelve (12) months inadvance ofthe activity orevent date. B. CONFORMITY OF PURPOSE: The requested use ofaCity facility must conform to the design and intended function ofthe facility. C. COMPLIANCE TO APPLICABLE LAWS: The requested use ofthe City facility shall, atalltimes, comply with allapplicable federal, state, and local laws and regulations and must not be injurious tothe public health, safety, orgeneral welfare. Bysubmitting anEvent Form, the Requestor expressly agrees that the proposed event will not include engagement inexpressive speech oractivity that: i) Tends toincite immediate breach of the peace; ii) Constitutes serious expression ofanintent tocommit anact ofunlawful violence towards aparticular individual orgroup; iii) Isobscene orconstitutes public indecency under state law, IC § 35-45-4-1; iv) Exposes minors involuntarily orwithout theconsent ofthe minor’sparent orguardian toany conduct oractivity that issexually explicit because the average person, applying 2 contemporary adult community standards, would find, with respect to minors, the conduct oractivity isdesigned to appeal orpander tothe prurient interest, depicts or represents, inamanner patently offensive with respect tominors, anactual or simulated sexual act, sexual contact, lewd exhibition ofgenitalia, and/orsexual conduct asdefined inI.C. § 35-49-1-9, and, taken asawhole, lacks serious literary, artistic, political orscientific value for minors; and/or v) Violates the federal, state, and/orlocal laws and regulations, including Carmel City Code 6-78Public Nuisances Offending Morals and Decency. D. ADMISSION FEES: Requestor shall not charge an admission fee for anactivity orevent without prior Board approval. Voluntary donations may besolicited. E. USE OF POLICE OR FIRE EMERGENCY MEDICAL SERVICES (EMS): Events requiring the use of either Police and/orFire Emergency Medical Services (EMS) must becoordinated bythe Requestor via email with the Carmel Police Department Special Events Coordinator and/orthe Carmel Fire Department Planning Division. Acopy ofthis communication must accompany the Event Form for the Board’sapproval process. This process will allow off-duty Carmel police or fire personnel tobehired for the event. Extra fees apply forPolice orEMS services and are coordinated directly with the appropriate agency. Carmel Police Department Three Civic Square Carmel, IN 317) 571-2500 CPDSpecialEvents@carmel.in.gov Carmel Fire Department Two Civic Square Carmel, IN 317) 571-2600 CFDInfo@carmel.in.gov F. NOTIFICATION OF AFFECTED PARTIES: Ifstreet closure isrequired, the Requestor is responsible for notifying allresidential units, and/orbusiness entities inthe area, or along the event route prior toapproval. Proof ofnotification must besubmitted with the Event Form. Examples include anapproval letter oremail from the affected Homeowners’ Association, acopy ofan email toresidents and/orbusinesses inthe area, copies offlyers orsigns, etc. G. CLEAN UP/TRASH: Requestor shall immediately clean the City facility/property atthe conclusion ofthe event oractivity, deposit alltrash into trash containers, and restore the facility/property toitsoriginal condition. Signs, banners, tables, chairs, orother equipment must beremoved at the end ofthe event. Clean-upisthe sole responsibility ofthe Requestor. For large events, atrash trailer mayberequested from theCarmel Street Department (see contact information under Street Barricades section). A $150 fee may beapplied. H. TABLES, CHAIRS, ETC.: The City does not provide any supplies orequipment for non-City events. I. STREET BARRICADES/CONES are required toblock orredirect traffic during street closures and may vary insize orstyle depending onthe location and size ofthe event. Requestor acknowledges 3 responsibility forobtaining these barricades/cones. Toschedule pickup (delivery when possible) contact the Street Department aminimum ofone (1) week inadvance. Carmel Street Department st3400W. 131 St. Carmel, IN46032 317) 733-2001 Street@carmel.in.gov J. NO PARKING SIGNS are required whenever astreet closure occurs inanarea where public parking is allowed. Requestor acknowledges responsibility for obtaining these signs directly from the Carmel Police Department atleast one (1) week inadvance ofthe event. Requestor isresponsible for posting noparking signs. Carmel Police Department Three Civic Square Carmel, IN46032 317) 571-2500 CPDSpecialEvents@carmel.in.gov K. DETOUR/TRAFFIC REDIRECTION SIGNS are required during street closures that involve multiple streets orblocks tohelp direct motorists. Requestor acknowledges responsibility for obtaining these signs directly from the Carmel Street Department atleast three (3) days inadvance ofthe event. City Engineering also may need toapprove detour/redirection signs. Carmel Street Department st3400W. 131 St. Carmel, IN46032 317) 733-2001 Street@carmel.in.gov Carmel Engineering Department One Civic Square Carmel, IN46032 317-571-2441 L. ROUTE MAPS, SIGNAGE, AND MARKINGS: Events such aswalks, runs, bicycle rides, parades, and block parties must include aneasy-to-read, color map ofthe area/route tobeused. The route must besubmitted with the Event Form and be approved through City Engineering. If construction does not allow for the proposed route, anew route must beestablished at least two (2) weeks in advance ofthe event. Requestor acknowledges responsibility for placing route signage. Route signage maybeplaced noearlier than 48hours prior tothe start ofthe event and must beremoved before the start of business the following day. Signs cannot beco-located on existing street, directional, or informational signs. Requests foruse ofstreet paint must receive special approval from and adhere toallguidelines set bytheCarmel Street Department. 4 Carmel Street Department 3400 W. 131st St. Carmel, IN 317) 733-2001 Street@carmel.in.gov M. TENTS: Tents larger than 10x10 ft. require apermit from the Carmel Building & Code Services. Tents should be anchored byweights only. Stakes orrods ofany kind are strictly prohibited to beplaced inthe grounds ofany City facility. Tents larger than 199 sq. ft. are subject to inspection bythe Carmel Fire Marshal. i) Midtown Plaza tents: Tocover theentire green space atMidtown Plaza, theexclusive vendor isAClassic Party Rental, 317-251-7368. Smaller tents may beprovided byother vendors orthe event organizer. For tent permits, contact: Carmel Building & Code Services One Civic Square Carmel, IN 317) 571-2444 N. OUTDOOR STAGES: The State ofIndiana hasregulations regarding the useofoutdoor stages. Please refer tohttps://www.in.gov/dhs/files/0319-Spec-Requirements.pdf. Allrequests containing outdoor stage equipment are subject tothese regulations. Stages may require inspection byCarmel Fire Department. O. MUSIC: Music orother noise that isunreasonable because itdisturbs, injures, orendangers the health orwelfare ofanother orofthe community orthatunreasonably interferes with theuse and enjoyment ofCity facilities orproperty isprohibited. P. EQUIPMENT/SUPPLIES: The City does not provide any equipment orsupplies for events, other than specific items mentioned inthis policy. Q. VENDORS: Ifvendors will beincluded inthe event oractivity, the Requestor must submit a list identifying definite orpossible vendors with the Event Form. We understand notall vendors may beconfirmed atthe time ofrequest. The number ofvendors allowed atanevent oractivity will beguided bysafety and public health considerations, including the available space atthe City facility/property being used and parking and traffic considerations. Mobile food vendors need toprovide acopy oftheir license/permit from the Hamilton County Health Department. Vendors may set up/tear down only during the event times stated onthe Event Form. Hamilton County Health Department 18030 Foundation Drive Suite A Noblesville, IN 317) 776-8500 R. TOBACCO AND ALCOHOL: Smoking isstrictly prohibited inallCity facilities/property. Alcohol is prohibited inCityHall Caucus Rooms and Council Chambers. With respect to events atother City facilities/property, ifalcohol will beserved, allapplicable licensing and permitting laws must be 5 followed, including but not limited to, the requirement for alicensed bartender, and the approval ofatemporary alcohol permit bythe Hamilton County Sheriff orthe Carmel Police Department Chief. The permit request can be found here: https://www.in.gov/atc/alcohol- permit-resources/alcohol-permit-information/. Send the application tothe address below. Following that approval, obtain final approval from the Sheriff ofHamilton County orChief ofPolice ofthe Carmel Police Department. Contact Indiana Excise for any questions orclarifications regarding licensing andpermitting requirements. Indiana Excise – District 3 279 W. 300 North Crawfordsville, IN 47933 765-362-8815 Carmel Police Department Three Civic Square Carmel, IN46032 317-571-2500 CPDSpecialEvents@carmel.in.gov Hamilton County Sheriff 18100 Cumberland Road Noblesville, IN 317) 773-1872 S. LOCATION OF VEHICLES: Vehicles may notbeparked ordriven onthe grass orsidewalks around any City facility. Vehicles loading orunloading must remain onastreet orother paved area. See General Terms and Conditions, Section Z, below, for additional compliance requirements. T. NO STAKES OR RODS INGROUND ALLOWED: Items requiring anchoring must be weighted. Stakes orrods ofany kindshould not beput into the ground, asthey arestrictly prohibited on the grounds ofany City facility/property. Restriction ofthese devices isrequired toavoid damage tounderground wiring and irrigation systems. U. USE OF NAILS, TACKS, ETC.: Requestor shall not use nails, tacks, orany similar devices toattach anything toany surface ofaCity facility, building, structure, orother City property. V. USE OF PUBLIC FIREWORKS: The City has policies and ordinances related tofire safety and public fireworks displays. Please refer toCity Ordinance D-1968-09, https://www.carmel.in.gov/government/departments-services/fire/safety-resources/fireworks- rules-and-fire-safety-in-carmel. Any proposed use offireworks onCity property orataCity facility must bedisclosed inthe Event Form andcomply with allapplicable City andState policies and laws. Fireworks are subject tothe City’snoise ordinance, please refer to https://codelibrary.amlegal.com/codes/carmel/latest/carmel_in/0-0-0-4337#JD_6-158, and are not allowed except for the following days and times: i) Between the hours of5p.m. and midnight onJune 29, June 30, July1, July 2, July 3, July 5, July 6, July 7, July 8, and July9; 6 ii) Between the hours of10a.m. and midnight onJuly 4; iii) Between the hours of10a.m. on December 31and 1a.m. onJanuary 1; and iv) Between the hours of5:00p.m. and 11:00p.m. onthe day ofDiwali. Commercial fireworks companies must contact the State Fire Marshal for adisplay permit. https://www.in.gov/dhs/fire-and-building-safety/. For questions, contact: Carmel Fire Marshal 210 Veterans Way Carmel, IN46032 317) 571-2600 CFDInfo@carmel.in.gov Approval isalsorequired bythe Indiana Department ofHomeland Security: https://www.in.gov/dhs/fire-and-building-safety/code-enforcement/fireworks-information/ 317) 232-2391 W. ELECTRICAL POWER isavailable inselect locations. Requestor acknowledges responsibility for identifying the fullscope ofelectrical needs for theevent, including obtaining acomplete listof power needs from bands, vendors, point-of-sale systems, etc., providing his/her own generator(s) as needed, and contacting the Carmel Street Department atleast one (1) week inadvance ofthe event toascertain where power isavailable and arrange tohave itturned onfor the event. If electricity isneeded, please request more information about your event location. Carmel Street Department st3400W. 131 St. Carmel, IN 317) 733-2001 Street@carmel.in.gov X. CERTIFICATE OF INSURANCE (COI): Individuals and non-profit orfor-profit organizations/ businesses arerequired toprovide aCOIthat includes the CityofCarmel asanadditional insured. Theminimum coverage amount is $1,000,000per occurrence, $300,000 per person, and $50,000 for legal. The Board may increase the required amount ifreasonably deemed necessary based onthe size ofthe event and the nature ofthe facilities involved, including, for example, the expected attendee volume, vendors orother third parties expected tobeincluded, whether alcohol orfireworks will beincluded, etc. The COI isdue tothe Board nolater than ten 10) days prior tothe event oractivity. i) Inaddition, ifRequestor hires off-duty city employees (police, fire, EMS, orothers), Requestor must show proof to the Carmel Police Department and/or Carmel Fire Department ofWorkman’sCompensation Insurance tocover off-duty city employees. Y. NON-DISCRIMINATION: Requestor shall comply with alllaws that prohibit discrimination against any employee, Requestor for employment orsub-contractor (including vendors) inthe performance ofany duty associated with the activity orevent, with respect tohire, tenure, terms, conditions, privileges ofemployment, and/orany matter directly orindirectly related to employment orsubcontracting, because of race, religion, color, sex, disability, national origin, ancestry, age, disabled veteran status, orVietnam era veteran status. The City reserves the right tocollect apenalty asprovided inIC § 5-16-6-1for any person sodiscriminated against. 7 Z. AMERICANS WITH DISABILITIES ACT (ADA): Atalltimes, City-owned property orfacility must be used inaccordance with allapplicable federal, state, and local laws and regulations. Requestor acknowledges and agrees toadhere toallADA requirements related toaccessibility, including but not limited tostreets, sidewalks, public restrooms, and public accommodations. Requestor further agrees tokeep sidewalks clear atalltimes. Tofollow ADA rules, sixfeet ofspace is required onall sidewalks. AA. RIGHT OF REFUSAL OR REVOCATION: The Board reserves the right todeny orrevoke any request to use City facility orproperty, for any ofthe following reasons: i) The proposed activity willsubstantially orunnecessarily interfere with traffic inthe affected area; ii) Asufficient number ofpeace officers topolice and protect participants are not available; iii) The concentration ofpersons, animals, vehicles, orthings atthe assembly and/oralong the route will prevent proper fire and police protection and ambulance service; iv) The Requestor has onprior occasions made material misrepresentations regarding the nature orscope ofany event oractivity previously reviewed bythe Board; v) The Event Form (including any required attachments and submissions) isnot fully completed and executed; vi) The Requestor has not tendered allrequired submission materials, including but not limited toany request fee, insurance certificate, orsecurity deposit; vii) The Requestor has damaged City property onaprevious occasion and hasnot paid infullfor such damage, orhas other outstanding and unpaid debts to the City; viii) The request evidences arisk ofinjury ordamage tothe City’sresources; ix) The Requestor fails totimely submit theEvent Form inaccordance with the requirements set forth inthis Policy; x) The proposed activity willinterfere with activities forwhich the City hasgranted alease or license; xi) The proposed activity poses arisk ofunreasonable danger tothehealth orsafety ofthe public; xii) The Requestor fails toobtain ordemonstrates anintent tofail toobtain the liability insurance required bySection Xofthis policy; or xiii) The Requestor orthe Event Form indicates that the proposed event will include, or the event infact includes, expressive speech oractivity that: 1) Tends toincite immediate breach ofthe peace; 2) Constitutes serious expression ofanintent tocommit anact ofunlawful violence towards aparticular individual orgroup; 3) Isobscene orconstitutes public indecency under state law, IC § 35-45-4-1; 4) Exposes minors involuntarily orwithout the consent oftheminor’sparent or guardian toany conduct oractivity that issexually explicit because the average person, applying contemporary adult community standards, would find, with respect tominors, the conduct oractivity isdesigned toappeal orpander tothe prurient interest, depicts orrepresents, in amanner patently offensive with respect 8 tominors, anactual orsimulated sexual act, sexual contact, lewd exhibition of genitalia, and/orsexual conduct asdefined inI.C. § 35-49-1-9, and, taken asa whole, lacks serious literary, artistic, political orscientific value for minors; and/or 5) Violates the federal, state, and/orlocal laws and regulations, including Carmel City 2Code § 6-78Public Nuisances Offending Morals and Decency. BB. EVENT COORDINATION/CITY STAFF ONSITE: The City does not provide any event planning or coordination services. Requestor isresponsible for planning and executing the event. City staff are not available tobeonsite during the event. CC. INDEMNIFICATION AND HOLD HARMLESS: Requestor agrees toindemnify, defend, and hold harmless the City ofCarmel, Indiana and itsofficers, officials, agents, employees, and representatives from and against allclaims, causes of action, demands, and suits ofwhatever type, including, but not limited to, alldamages, costs, attorney fees, and other expenses, caused byany act or omission ofRequestor and/orof any ofRequestor’sagents, officers, employees, contractors, subcontractors, orrepresentatives arising out ofand/or inconnection with organization oforparticipation in the requested event oractivity. Requestor also agrees to hold the City, the Board, and their respective officers, officials, employees, agents, and representatives harmless from anydamages, costs, orexpenses, including attorney fees, that Requestor may incur as adirect orindirect result ofany Board action. DD. ADDITIONAL RULES APPLICABLE TO MIDTOWN PLAZA: Allevents inMidtown Plaza must be free and open tothe public. Midtown Plaza may not beclosed for private events. No skateboards may beused onthe wooden furnishings inMidtown Plaza. No motorized vehicles may beused inMidtown Plaza. Red spinning chairs must remain off oftheturf inMidtown Plaza. Allfood trays must bereturned toSun King atthe conclusion of the event/gathering. EE. ADDITIONAL RULES AND INFORMATION APPLICABLE TOUSE OFCITY HALL CAUCUS ROOM(S) AND COUNCIL CHAMBERS: (Per General Terms andConditions, Section BB, Citystaff are not available tobeonsiteduring the event ortoassist with event set-upor tear-down.) CAUCUS ROOM(S) The large (2/3) size room isset upboardroom style with six5-foot tables and30chairs. Additional chairs are along the perimeter ofthe room. The small (1/3) size room has four 5-foot tables and 10chairs. Rooms may beused singly orcombined. ASmartboard isavailable; however, nocomputer isincluded. Requestor will need to provide computer. There are no microphones inthe Caucus room. Requestor provides extension cords, ifneeded. Apodium and awhiteboard are inthe room. Nothing may be adhered tothe wall orany surface inthe room. 2 See, e.g., Thomas v. Chicago ParkDist., 227F.3d921 (7th Cir. 2000), Marcavage v. CityofChicago, 659F.3d 626 (7th Cir. 2011), MacDonald v. CityofChicago, 243F.3d1021 (7thCir. 2001); Purtell v. Mason, 527F. 3d 615 (7th Cir. 2008); U.S. v. Parr, 545F.3d491 (7thCir. 2008); Miller v. Cal., 413U.S. 15 (1973). 9 There isan8.5-foot counter with a sink. COUNCIL CHAMBERS The seating capacity is112 inthe theater chairs. The dais has 13seats, each with amicrophone. There is apresenter’spodium. There are two tables, each with achair, inthe front ofthe room. Apodium for the center oftheroom isavailable but must berequested. Otherwise, there are two side podiums. Extra tables may beplaced around theperimeter ofthe room orinthe hall outside the doors. Questions regarding the City’sSpecial Event/Facility Use Policy should bedirected to (317) 571-2400. 10 39 ° 5 8 ' 3 8 . 3 1 3 1 " N , 8 6 ° 8 ' 4 0 . 5 9 1 9 " W UD T - I c o n o n M a i n P r i m a r y I n s t a l l 11 / 1 8 / 2 0 2 3 50 3 9 0 9 3 9 JR F A R M E R F I N A N C E - S C L L C I C O N o n M A I N ) ))))))))) ) )))))))) )))))))))) )))))))))) Ex i s t i n g Po l e 1 8 7 - 7 6 9 40 / 2 Ca r m e l 1 s t A v e S W (7 9 4 - 1 2 6 3 ) )) S Ex i s t i n g UG P r i m a r y Co n d u c t o r N1 3 2 7 9 4 1 2 6 3 Ca r m e l 1 s t A v e 2A L T R X L P E C N J 1 5 AB C Ex i s t i n g Po l e 0 6 7 - 9 1 3 50 / 3 OH - T X - 1 5 0 k V A - 1 2 0 / 2 4 0 V De l t a / W y e - A B C Ex i s t i n g Po l e H M I - 1 7 3 4 8 45 / 4 OH - T X - 1 5 0 k V A - 1 2 0 / 2 4 0 V De l t a / W y e - A B C Ex i s t i n g OH P r i m a r y Co n d u c t o r N1 3 2 7 9 4 1 2 6 3 Ca r m e l 1 s t A v e 2A C S R 6 X 1 - A B C N Ex i s t i n g Po l e H M I - 3 7 3 0 7 50 / 2 MA I N S T & O L D ME R I D I A N C A B L E D I S C Ex i s t i n g Po l e 0 5 5 - 2 1 4 50 / 2 P8 HM I - 4 4 1 7 5 In s t a l l N e w P o l e 4 5 / 2 Ri s e r ( 2 1 . 0 3 - 1 0 0 ) Th r o u g h L i n e (2 1 . 0 5 - 1 0 0 ) HM I - 4 4 1 6 8 Ne w P o l e 4 5 / 2 Ri s e r ( 2 1 . 0 3 - 1 0 0 ) Th r o u g h L i n e ( 2 1 . 0 5 - 1 0 0 ) P9 HM I - 4 4 1 7 3 In s t a l l N e w 12 0 / 2 0 8 V 50 0 k V A T X P5 HM I - 4 4 1 6 9 In s t a l l N e w P o l e 4 5 / 2 Th r o u g h L i n e ( 2 1 . 0 5 - 1 0 0 ) Ri s e r ( 2 1 . 0 3 - 1 0 0 ) P3 Ex i s t i n g P o l e 08 8 - 9 7 0 45 / 3 In s t a l l 21 . 0 3 - 1 0 0 P4 Ex i s t i n g Po l e 0 6 7 - 9 1 2 De a d E n d 45 / 4 OH - T X - 7 5 k V A - 1 2 0 / 2 4 0 V De l t a / W y e - A B C H H H P1 HM I - 4 4 1 7 4 (N e w E x i s t i n g ) 4 p o s 3 Ø S M O D In s t a l l 3 - 1 / 0 El b o w s P2 HM I - 4 4 1 7 0 In s t a l l N e w 12 0 / 2 0 8 V 1 5 0 0 k V A T X P6 HM I - 4 4 1 7 1 In s t a l l N e w 12 0 / 2 0 8 V 1 0 0 0 k V A T X P7 HM I - 4 4 1 7 2 In s t a l l N e w 12 0 / 2 0 8 V 15 0 0 k V A T X RO W S3 77'± S2 Ne w E x i s t i n g 3Ø 1 / 0 A L i n C o n d u i t 70 0 ' ± S4 3 0 0 ' ± S6 20 ' ± S1 1 0 5 ' ± S1 4 0 ' ± S7350'± Ex i s t i n g Ne w P o l e H M I - 4 6 8 2 8 45 / 2 OH - T X - 1 5 k V A - 1 2 0 / 2 4 0 V Si n g l e P h a s e - A HM I 4 7 3 5 3 Lo c a t e H M I - 4 4 1 7 0 ne x t t o H M I - 4 4 1 7 4 (s h o w n a s i s f o r cl a r i t y ) Po l e P8 HMI - 4 4 1 7 5 In stall N ew Pole 45/ 2 Rise r (2 1 . 0 3 - 1 0 0 ) ) Th r o u gh L i n ee (21 . 0 5 - 1 0 0 ) H RO W December 15, 2023 Mr. Caleb Warner City of Carmel- Board of Public Works One Civic Square Carmel, IN 46032 Dear Mr. Warner: Subject: L’Etoile: 833 Main Street Carmel, IN 46032 CEC Project 192-773 Civil & Environment Consultants, Inc., on the behalf of the L’Etoile Mixed Use Project, respectfully request the following to be presented to the Board of Public Works for the 0.7 acre project located at 833 Main Street. 1. Request for a temporary sidewalk closure and lane restriction on Main Street. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-7777 if you have any questions. Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager 16 U N C O V E R E D P A R K I N G S T A L L S 29 C O V E R E D P A R K I N G S T A L L S OF F I C E / R E T A I L 2, 4 9 6 S F TE N A N T LO B B Y PR O P O S E D B U I L D I N G F. F . E . = 8 4 7 . 2 0 ZO N E D : U C M D C GA B B M F H H I I I D D O J K K K L M N O O B B B K O I B C P P P G G B F A C803 A C803 Q G G B B E SI T E L E G E N D : A B C D E F G HSI T E K E Y N O T E S : I J K L M N O P Q MARCH 30, 2023 8 AB 3 4 5 6 7 1 2 CDEFGH 8 3 4 5 6 7 1 2 ABCDEFGH DESCRIPTION DATE NO REVISION RECORD 105/19/2023 STATE SUBMITTAL DATE: DWG SCALE: DRAWN BY: CHECKED BY: APPROVED BY: PROJECT NO: SH E E T OF DR A W I N G N O . : STUDIO M ARCHITECTURE L'ETOILE 833 W. MAIN STREET CARMEL, INDIANA RE F E R E N C E 530 E. Ohio Street · Suite G - Indianapolis, IN 46204 317-655-7777 · 877-746-0749 www.cecinc.com 22192-773 206/15/2023 BZA Packet Update 309/01/2023 ADLS Cycle 2 Re-submittal BEB ACH DRAFT 1" = 20' C2 0 0 SITE LAYOUT PLAN 5 NO R T H AD D I T I O N A L C I T Y O F C A R M E L N O T E S : GE N E R A L L A Y O U T N O T E S : PA R K I N G D A T A : ZO N I N G D A T A : A D J A C E N T Z O N I N G C L A S S I F I C A T I O N S : ZO N I N G D A T A : E X I S T I N G Z O N I N G C L A S S I F I C A T I O N : SI T E D A T A : SI T E D A T A : BU I L D I N G D A T A : LO T C O V E R A G E : BU I L D I N G F R O N T A G E : DE T A I L # - A D A A C C E S S I B L E P A R K I N G S I G N D E T A I L DE T A I L # - P A I N T E D A D A A C C E S S I B L E S Y M B O L D E T A I L NO T T O S C A L E DE T A I L # - A D A A C C E S S I B L E P A R K I N G S I G N S January 26, 2024 City of Carmel Engineering Department One Civic Square Carmel, IN 46032 Attention: Alex Jordan Re: SW-2023-00053 New Residence – 10475 Hussey Lane Waiver Request Dear Mr. Jordan: In response to your comments dated January 18, 2025 the following waivers are being requested for this project. Waiver #1 – Section 104.02 of the Stormwater Technical Standards Manual states “the building’s lowest entry elevation that is adjacent to and facing a road shall be a minimum of 12 inches above the road elevation.” The existing house pad sits 17 feet below the existing Hussey Lane pavement. The proposed home will be 13 feet below the existing pavement. Care has been taken to route surface flows around the house to alleviate any potential for flooding. Waiver #2 – Section 302.06 (10) of the Stormwater Technical Standards Manual states “No residential lots, or any part thereof, shall be used for any part of a detention basin,…” As this residential lot is being required to contain detention to meet the Stormwater Technical Standards Manual is requested that a variance from Section 302.06 (10) of the Stormwater Technical Standards Manual forbidding detention on a residential lot be granted. Waiver #3 – Section 302.06 (1) of the Stormwater Technical Standards Manual states “90% of the original detention capacity is restored within 48 hours from the start of the design 100-year storm.” The detention basin only drains to 80% available within 48 hours. The pond has more than enough additional capacity to accommodate any runoff from the site. lt is requested that a waiver from Section 302.06 (1) of the Stormwater Technical Standards Manual be granted. Waiver #4 – Section 303.05 (7) of the Stormwater Technical Standards Manual states “… swales shall have tile underdrains to dry the swales.” The swales on the project site exceed a slope of 1% (all at a minimum of 1.5%). These slopes should allow for effective drainage such that the swales would not hold water. lt is requested that a waiver from Section 302.06 (1) of the Stormwater Technical Standards Manual be granted. Waiver Request SW-2023-0044 January 26, 2024 Page 2 If you have any questions or comments concerning these revisions, please contact me at bbrown@stoeppelwerth.com or my direct line at (317) 570-4704. Very truly yours, STOEPPELWERTH & ASSOCIATES, INC. Brian M. Brown, PE, CFM Director of Water Resources Cc: File Steve Hoss BMB/ads S:\102779HOS\Blue Book\Agency_Correspondence\Waiver Request Carmel.docx GASGASGASGASGASGASGASGASGASGAS GA S GA S GAS GAS GAS GAS B F E BF E BFE BFE BFE BFE BFE BFE BFE BFE BFE F W ( F I R M ) FW ( F I R M ) FW( F I R M ) FW(F I R M ) FW ( F I R M ) FW ( F I R M ) F W ( F I R M ) FW ( F I R M ) FW ( F I R M ) F W F ( F I R M ) F W F ( F I R M ) FW F ( F I R M ) F W F ( F I R M ) FWF(FI R M ) F W F ( F I R M ) FW F ( F I R M ) FWF(FIR M ) FW F ( F I R M ) FWF( F I R M ) FW F ( F I R M ) FW F ( F I R M ) 162 . 0 0 803 . 7 3 803. 5 0 805. 9 0 826. 0 6 826 . 1 1 827 . 4 6 823. 9 8 824 . 0 7 826. 2 4 826. 2 8 825. 2 6 824 . 2 0 822 . 8 1 823 . 2 2 822 . 1 5 821. 7 1 821 . 9 2 822 . 7 3 823 . 8 0 825 . 2 8 825 . 3 9 824 . 3 4 823 . 7 8 823 . 0 5 823 . 1 9 822 . 1 5 822 . 6 6 821 . 9 2 821 . 4 0 821 . 8 2 823 . 8 2 823. 0 5 822. 4 2 821. 2 9 821 . 2 7 820 . 6 7 821. 2 4 822 . 1 5 822 . 5 4 821. 0 5 820. 7 2 819 . 7 3 819 . 5 5 819 . 1 4 820 . 4 8 821 . 7 7 820. 8 8 820 . 2 6 821 . 5 7 821. 7 2 820 . 0 2 820 . 0 6 820 . 9 7 820. 7 4 820 . 2 0 820 . 9 7 821 . 7 7 819 . 9 1 819 . 1 5 819. 0 1 822. 1 4 821 . 2 5 820. 7 2 819 . 0 5 818. 1 0 813. 7 5 815. 6 5814. 9 0 814. 1 0 814 . 1 1 815 . 2 2 814 . 5 0 815. 3 6 815 . 8 6 816. 0 3 816. 5 4 817 . 9 3 816. 8 1 816 . 6 5 816 . 4 4 816 . 3 2 818 . 0 1 811 . 0 4 801 . 5 2 801 . 8 4 801 . 5 4 802 . 0 0 0.00 0.0 0 800 . 9 0 0.0 0 0.0 0 0.0 0 806 . 8 9 0.0 0 0.00 0.0 0 0.00 0.0 0 807. 2 6 799. 6 6 800 . 7 3 806 . 7 9 801. 7 3 808 . 9 3 804 . 5 3 810. 7 8 809 . 5 6 801 . 9 3 806 . 8 2 800. 9 1 806 . 8 8 804. 0 4 818. 9 9 816. 5 2 816 . 6 5 821. 0 6 x x x 800. 7 5 803. 9 0 817.98 STI_PVC6 INV 799. 4 6 800 . 7 9 800 . 8 2 822 . 6 2 822 . 7 9 x x o o o 794 . 1 2 796 . 6 3 797 . 3 2 799 . 2 2 800 . 8 0 802 . 7 7 800. 9 1 802 . 1 0 800. 8 0 o o o o o o o o o o o o o o o 205.5' 70 . 8 ' 298.0' 189.7' 190.0' 297.7' 239.4' 239.0' 41 . 9 ' W W W W W W W W WWWWWWWW 22.6 21.5 20.5 08.8 07.6 08.2 08.4 08.4 08.2 07.9 07.0 08.207.9 05.007.0 08.3 09.4 08.808.3 08.6 09.4 08.8 06.0 08.508.8 09.4 07.808.608.4 07.7 07.7 04.1 04.1 04.1 09.1 09.1 09.1 08.8 08.8 08.8 08.8 07.7 07.7 07.7 07.7 04.1 04.1 04.1 04.1 04.1 07.7 07.7 07.7 08.8 09.1 09.1 09.1 08.8 08.8 08.8 C.O.C.O. C.O. E E E E E E E E E E EEEEEE GAS GAS GAS GAS GAS GA S GA S GA S GA S GA S GA S GA S LVLV LV LV LV LV o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o oo o o o o o o o o o o oo o oo o o o o o o o o 40 1 40 0 790791792793794795796 798 799 803 803 804 803 803 803 799796 794 793 79 3 79 4 79 5 79 6 79 8 8 0 2 8 0 3 8 0 0 80 7 80 6 80 5 80 4 80 2 80 1 808 808807806 805 80 6 805 804 LAKE #1 N.P.= 800.00 T.O.B.= 803.00 10 YEAR ELEV.= 800.89 100 YEAR ELEV.= 801.74 BOTTOM ELEV.= 786.00 F F ( D N R ) FF ( D N R ) FF(D N R ) FF( D N R ) FF(DN R ) FF(DN R ) F F ( D N R ) ) FF ( D N R ) FF(D N R ) FF(D N R ) FF ( D N R ) FF(DNR) F F ( D N R ) FF ( D N R ) FF ( D N R ) F F ( D N R ) FF ( D N R ) 819 821 820 819 818 817 816 815 814 813 812 811 810 809 808 807 806 805 820 818817816815814813812811 810809 808 807 806 826 825 824 823 8 2 2 81 8 81 4 81 6 812 813 8 1 1 810 8 0 9 816 799 798 797 796 80 5 80 6 802 801 800 799 80 1 81 6 815 81481 1 80 880 580 3 791792793794795796797 814 813 812 811 810809807 800 786787788789790 791792793794795796797798799 800 801 802 803 803802801800799798 40 2 40 3 08.0 07.5 07.0 08.2 15' D.& U . E . 15' D.&U.E. 15 ' D . & U . E . 20.0 ' BM P ACC E S S EA S E M E N T 20.0' BMP ACCESS EASEMENT 20 . 0 ' B M P AC C E S S E A S E M E N T 37 9 . 9 ' 80 4 80 5 40 6 40 7 802 802803 803 802 801 15 ' B M P E 20.0' BMP ACCESS EASEMENT 15' BMPE 15' BMP E 15' BMPE 12' SPIL L W A Y 15' BMPE """" "" "" "" "" GE N E R A L N O T E S 1. C O N T R A C T O R S H A L L V E R I F Y D E P T H S O F A L L E X I S T I N G ON S I T E U T I L I T I E S P R I O R T O C O N S T R U C T I O N T O CO N F I R M T H E R E I S N O T A N Y C O N F L I C T S W I T H O T H E R UT I L I T I E S , S T O R M S E W E R S O R S T R E E T S . C O N F L I C T S AF T E R C O N S T R U C T I O N B E G I N S A R E S O L E L Y T H E CO N T R A C T O R ' S R E S P O N S I B I L I T Y . LE G E N D EX I S T I N G F E A T U R E S WA T E R M A I N EL E C T R I C L I N E , O V E R H E A D EL E C T R I C L I N E , U N D E R G R O U N D GA S M A I N FO R C E M A I N SA N I T A R Y S E W E R ST O R M S E W E R CO N T O U R WA T E R F L O W L I N E FE N C E L I N E TR E E L I N E WA T E R , H Y D R A N T WA T E R , V A L V E WA T E R , M E T E R UT I L I T Y P O L E GU Y A N C H O R EL E C T R I C , T R A N S F O R M E R CA B L E , P E D E S T A L TE L E P H O N E , A C C E S S C O V E R TE L E P H O N E , P E D E S T A L LI F T S T A T I O N , W E T W E L L LI F T S T A T I O N , V A L V E V A U L T TI L E R I S E R WE T L A N D S M A R K E R MA I L B O X SI G N TR E E PR O P O S E D F E A T U R E S WA T E R M A I N SA N I T A R Y S E W E R ( w / L A T E R A L S ) ST O R M S E W E R CO N T O U R NO R M A L W A T E R E L E V A T I O N SW A L E F L O W L I N E GR A D E E L E V A T I O N 5' W I D E S I D E W A L K ( B Y H O M E BU I L D E R ) (D E V E L O P E R S H A L L I N S T A L L S I D E W A L K S / P A T H S IN O R A L O N G A L L C O M M O N A R E A S ) CU R B & G U T T E R ( w / 6 " U N D E R D R A I N ) 6" S U B - S U R F A C E D R A I N ( S W A L E ) LO T N U M B E R PA D E L E V A T I O N MI N . F I N I S H F L O O R E L E V A T I O N MI N . F L O O D P R O T E C T I O N G R A D E MF F : 9 1 0 . 0 MI N . F I N I S H F L O O R E L E V A T I O N I S BA S E D O F F O F T H E F O L L O W I N G CR I T E R I A : 1. 1 2 " ( 1 . 0 ' ) A B O V E T H E N E A R E S T UP S T R E A M O R D O W N S T R E A M S A N I T A R Y MA N H O L E ( W H I C H E V E R I S L O W E S T ) , 2. 6 " ( 0 . 5 ' ) A B O V E T H E M F P G AB B R E V I A T I O N S B. L . B U I L D I N G S E T B A C K L I N E ME MA T C H E X I S T I N G HP HI G H P O I N T LP LO W P O I N T GB G R A D E B R E A K MF P G M I N . F L O O D P R O T E C T I O N G R A D E 91 0 . 0 10 91 0 . 5 91 0 . 2 MF F : MF P G : GR A P H I C S C A L E ( I N F E E T ) 1 " = 5 0 F T DATE MARKREVISIONS BY S & A J O B N O . SH E E T N O . DR A W N B Y : C H E C K E D B Y : A L W A Y S O N 7965 East 106th Street, Fishers, IN 46038-2505 phone: 317.849.5935 fax: 317.849.5942 THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT. CERTIFIED: S T O E P P E L W E R T H SITE DEVELOPMENT PLAN C2 0 0 10 2 7 7 9 H O S 10405 HUSSEY LANE CARMEL, IN 46032 KJ J M / G E M B M B CARMEL, CLAY TOWNSHIP HAMILTON COUNTY, INDIANA 12/20/23 File Name:S:\102779HOS\DWG\C200 - Site Development Plan.dwg - C200 Modified / By: January 26, 2024 8:06:27 AM / kmitchell Plotted / By: January 26, 2024 8:09:23 AM / Kenny Mitchell 01/23/24 REVISED PER CITY COMMENTS KJJM TH E U T I L I T Y L A T E R A L S A R E S H O W N B A S E D U P O N EV I D E N C E C O L L E C T E D I N T H E F I E L D A N D B A S E D UP O N A P R E V I O U S S U R V E Y B Y S . E . A . G R O U P . AC T U A L L O C A T I O N S M A Y N E E D T O B E V E R I F I E D B Y TH E C O N T R A C T O R P R I O R T O C O N S T R U C T I O N . BE N C H M A R K N O T E : OR I G I N A T I N G B E N C H M A R K : Or i g i n a t i n g b e n c h m a r k e s t a b l i s h e d b y S E A G r o u p w i t h T r i m b l e GP S S u r v e y g r a d e e q u i p m e n t a n d I n d i a n a C O R S N e t w o r k . ht t p : / / i n c o r s . i n . g o v / d e f a u l t . a s p x El e v a t i o n s N A V D ' 8 8 Ho r i z o n t a l I n d i a n a S t a t e P l a n e E a s t Z o n e . SI T E T B M : TB M # 1 : A r e b a r w i t h r e d c a p s e t a t g r a d e 2 9 0 ' S o u t h o f t h e N o r t h pr o p e r t y l i n e a n d 1 1 9 ' W e s t o f t h e E a s t p r o p e r t y l i n e . EL E V = 8 0 0 . 9 0 0 ( N A V D 8 8 ) TB M # 2 : A r e b a r w i t h r e d c a p s e t a t g r a d e 4 3 2 ' S o u t h o f t h e N o r t h pr o p e r t y l i n e a n d 1 9 ' E a s t o f t h e W e s t p r o p e r t y l i n e . EL E V = 8 0 6 . 8 9 0 ( N A V D 8 8 ) NO E A R T H D I S T U R B I N G A C T I V I T I E S M A Y TA K E P L A C E W I T H O U T A N A P P R O V E D ST O R M W A T E R M A N A G E M E N T P E R M I T . 1. T H E U T I L I T I E S S H O W N O N T H E S E P L A N S A N D O N T H E T O P O G R A P H I C A L S U R V E Y M A Y N O T B E A C O M P L E T E R E P R E S E N T A T I O N O F T H E E X I S T I N G UT I L I T I E S O N A N D A R O U N D T H E S I T E . T H E L O C A T I O N A N D S I Z E O F T H E S E U T I L I T I E S M A Y B E A P P R O X I M A T E . T H E E N G I N E E R A N D / O R S U R V E Y O R SH A L L N O T B E H E L D L I A B L E F O R A N Y I N A C C U R A T E U T I L I T Y I N F O R M A T I O N I N D I C A T E D , I M P L I E D , O R N O T S H O W N . 2. T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R L O C A T I N G A N D M A I N T A I N I N G I N S E R V I C E A L L E X I S T I N G U T I L I T I E S E N C O U N T E R E D D U R I N G CO N S T R U C T I O N U N L E S S O T H E R W I S E I N D I C A T E D I N T H E D R A W I N G S . A N Y P I P I N G , W H I C H C A N B E R E M O V E D D U R I N G C O N S T R U C T I O N W I T H O U T UN D U E I N T E R R U P T I O N O F S E R V I C E M A Y B E R E M O V E D A N D R E P L A C E D B Y T H E C O N T R A C T O R , A T H I S E X P E N S E W I T H T H E P E R M I S S I O N O F T H E OW N E R . 3. B E F O R E W O R K I N G W I T H O R A R O U N D E X I S T I N G U T I L I T I E S , T H E A P P L I C A B L E U T I L I T Y C O M P A N Y S H A L L B E C O N T A C T E D B Y T H E C O N T R A C T O R . 4. T H E C O N T R A C T O R S H A L L P R E S E R V E A N D P R O T E C T P R O P E R T Y M A R K E R S , S E C T I O N C O R N E R S , S U R V E Y M A R K S A N D C I T Y B E N C H M A R K S , S U C H A S ST O N E S , P I P E S , O R O T H E R M O N U M E N T S E N C O U N T E R E D . I F T H E C O N T R A C T O R M U S T R E L O C A T E T H E P R O P E R T Y M A R K E R S O R M O N U M E N T S T H E I R LO C A T I O N S H A L L B E R E F E R E N C E D B Y A R E G I S T E R E D L A N D S U R V E Y O R A N D T H E O W N E R N O T I F I E D B E F O R E M O V I N G . A L L P R O P E R T Y M A R K E R S AN D M O N U M E N T S R E L O C A T E D D U R I N G C O N S T R U C T I O N S H A L L B E R E - E S T A B L I S H E D B Y A R E G I S T E R E D L A N D S U R V E Y O R A T T H E C O N T R A C T O R ' S EX P E N S E . 5. I T I S T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R T O I N S P E C T E A C H D A Y A N D R E M O V E A L L M U D , D I R T , G R A V E L A N D L O O S E M A T E R I A L S T R A C K E D , DU M P E D , S P I L L E D O R W I N D B L O W N F R O M T H E S I T E O N T O O T H E R S I T E S , R I G H T - O F - W A Y S , P U B L I C O R P R I V A T E S T R E E T S , D R I V E W A Y S , Y A R D S , O R SI D E W A L K S . T H E C O N T R A C T O R M U S T C L E A N D A I L Y I F N E C E S S A R Y . 6. R O A D W A Y S U R F A C I N G A N D B A S E M A T E R I A L S , O R A N Y O T H E R P R O P E R T Y R E M O V E D O R D A M A G E D , S H A L L B E R E P L A C E D O R R E P A I R E D A S PR O V I D E D F O R I N T H E S P E C I F I C A T I O N S O R O T H E R C O N T R A C T D O C U M E N T S . 7. T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E T O P R O V I D E A T H I S E X P E N S E A L L A U T O M O B I L E A N D P E D E S T R I A N T R A F F I C C O N T R O L D E V I C E S RE Q U I R E D B Y F E D E R A L , S T A T E , C O U N T Y , C I T Y O R L O C A L A G E N C I E S . E V E R Y E F F O R T S H A L L B E M A D E B Y T H E C O N T R A C T O R T O P R O V I D E F O R AC C E S S T O T H E R E S I D E N C E S A C R O S S T H E W O R K A R E A . 8. I N F O R M A T I O N O N D E T A I L D R A W I N G S T A K E S P R I O R I T Y O V E R A L L G E N E R A L D R A W I N G S A N D S C H E D U L E S . C O N F L I C T S S H A L L B E R E S O L V E D AC C O R D I N G L Y , P R I O R T O A N Y C O N S T R U C T I O N O R I N S T A L L A T I O N . E X A C T B U I L D I N G D I M E N S I O N S S H A L L B E V E R I F I E D W I T H A R C H I T E C T U R A L PL A N S B Y C O N T R A C T O R . 9. W H E N C O N N E C T I O N S A R E T O B E M A D E T O E X I S T I N G P I P I N G A N D S T R U C T U R E S O R W H E R E C O N S T R U C T I O N I S I N T H E V I C I N I T Y O F E X I S T I N G P I P I N G TH E L O C A T I O N A N D E L E V A T I O N O F T H E E X I S T I N G P I P I N G S H A L L B E F I E L D V E R I F I E D A N D N O T I F I C A T I O N G I V E N T O T H E O W N E R I F T H E E X I S T I N G PI P I N G I S F O U N D T O B E D I F F E R E N T T H A N T H A T S H O W N O N T H E D R A W I N G S . 10 . W H E R E C O N N E C T I O N S A R E M A D E T O E X I S T I N G M A N H O L E S O R B O X I N L E T S , T H A T S T R U C T U R E S H A L L B E R E H A B I L I T A T E D . T H I S R E H A B I L I T A T I O N SH A L L I N C L U D E T H E I N S T A L L A T I O N O F B E N C H W A L L S , A S W E L L A S P R E S C R I B E D M E A S U R E S T O E L I M I N A T E T H E P O T E N T I A L F O R M I G R A T I O N O F BA C K F I L L M A T E R I A L S I N T O T H E S T O R M W A T E R S Y S T E M . 11 . F O R C L A R I T Y O F T H E S E D R A W I N G S , P I P E S A N D S T R U C T U R E S M A Y N O T B E D R A W N T O S C A L E O R E X A C T L Y L O C A T E D . 12 . T H E C O N T R A C T O R S H A L L V E R I F Y A L L D I M E N S I O N S A N D E L E V A T I O N S I N T H E F I E L D P R I O R T O T H E S T A R T O F C O N S T R U C T I O N . T H E C O N T R A C T O R SH A L L B E R E S P O N S I B L E F O R A L L F I E L D D I M E N S I O N S A N D E L E V A T I O N S D U R I N G T H E E N T I R E C O N S T R U C T I O N S C H E D U L E . I F A N Y D I S C R E P A N C I E S AR E F O U N D I N T H E S E E N G I N E E R I N G P L A N S F R O M A C T U A L F I E L D D I M E N S I O N S , T H E C O N T R A C T O R S H A L L C O N T A C T T H E E N G I N E E R . 13 . A L L C O N S T R U C T I O N M E T H O D S A N D M A T E R I A L S M U S T C O N F O R M T O C U R R E N T S T A N D A R D S A N D S P E C I F I C A T I O N S O F T H E F E D E R A L , S T A T E , CO U N T Y , C I T Y O R L O C A L R E Q U I R E M E N T S , W H I C H E V E R H A S J U R I S D I C T I O N . 14 . P R O V I D E S M O O T H T R A N S I T I O N F R O M N E W L Y P A V E D A R E A S T O E X I S T I N G A R E A S A S N E C E S S A R Y . A L L A R E A S W H E R E P R O P O S E D P A V E M E N T ME E T S E X I S T I N G P A V E M E N T , T H E E X I S T I N G E D G E O F P A V E M E N T S H A L L B E F R E E O F A L L L O O S E D E B R I S . T H E E D G E O F E X I S T I N G A S P H A L T PA V E M E N T S H A L L B E P R O P E R L Y S E A L E D W I T H A T A C K C O A T M A T E R I A L I N A L L A R E A S W H E R E N E W A S P H A L T P A V E M E N T I S I N D I C A T E D T O J O I N EX I S T I N G . 15 . A L L E X C A V A T E D A R E A S T O B E S E E D E D A N D / O R S O D D E D A F T E R F I N I S H G R A D I N G U N L E S S O T H E R W I S E N O T E D . A L L N E W L Y S O D D E D / S E E D E D AR E A S S H A L L H A V E A M I N I M U M O F 4 " O F T O P S O I L . C O N T R A C T O R T O S U P P L Y S T R A W M U L C H W H E R E G R A S S S E E D H A S B E E N P L A N T E D . 16 . R E S U R F A C E O R R E C O N S T R U C T A T L E A S T T O O R I G I N A L C O N D I T I O N S A L L A R E A S W H E R E T R A F F I C B Y C O N T R A C T O R , S U B C O N T R A C T O R S O R SU P P L I E R S H A V E D A M A G E D E X I S T I N G P A V E M E N T , L A W N S O R O T H E R I M P R O V E M E N T S D U R I N G C O N S T R U C T I O N , A F T E R C O N S T R U C T I O N W O R K I S CO M P L E T E . 17 . A L L U T I L I T Y T R E N C H E S W I T H I N 5 F E E T O F P A V E M E N T S H A L L B E C O M P L E T E L Y B A C K F I L L E D W I T H G R A N U L A R B A C K F I L L . 18 . A L L D I M E N S I O N S A R E P A R A L L E L A N D P E R P E N D I C U L A R T O B A S E L I N E S , P R O P E R T Y L I N E S O R B U I L D I N G L I N E S U N L E S S O T H E R W I S E N O T E D . 19 . M I N I M U M F L O O D P R O T E C T I O N G R A D E O F A L L S T R U C T U R E S F R O N T I N G A P O N D O R O P E N D I T C H S H A L L B E N O L E S S T H A N 1 F O O T A B O V E A N Y AD J A C E N T 1 0 0 - Y E A R L O C A L F L O O D E L E V A T I O N S O R 2 F E E T A B O V E A N Y A D J A C E N T 1 0 0 - Y E A R R E G I O N A L F L O O D E L E V A T I O N S , W H I C H E V E R I S GR E A T E R , F O R A L L W I N D O W S , D O O R S , P I P E E N T R A N C E S , W I N D O W W E L L S , A N D A N Y O T H E R S T R U C T U R E M E M B E R W H E R E F L O O D W A T E R S C A N EN T E R A B U I L D I N G . 20 . T H I S S I T E L I E S P A R T I A L L Y W I T H I N A F L O O D P L A I N P E R F I R M M A P N O . 1 8 0 5 7 C 0 2 1 6 G D A T E D N O V E M B E R 1 9 T H , 2 0 1 4 . 21 . S T O R M S E W E R S F O R T H I S P R O J E C T S H A L L B E P R I V A T E . 22 . N O E A R T H D I S T U R B I N G A C T I V I T Y M A Y T A K E P L A C E W I T H O U T A N A P P R O V E D S T O R M W A T E R M A N A G E M E N T P E R M I T . 23 . U T I L I T Y R E L O C A T I O N S R E Q U I R E D B Y T H E P R O J E C T S H A L L B E T H E R E S P O N S I B I L I T Y O F T H E D E V E L O P E R . U T I L I T Y L I N E R E L O C A T I O N S R E Q U I R E D FO R R O A D P R O J E C T S T H A T R E S U L T I N A C O N F L I C T W I T H P R O P O S E D D E V E L O P M E N T S H A L L B E T H E R E S P O N S I B I L I T Y O F T H E D E V E L O P E R T O RE S O L V E W I T H T H E U T I L I T Y . E X I S T I N G P O L E L I N E S R E Q U I R E D T O B E R E L O C A T E D S H A L L B E R E L O C A T E D T O W I T H I N O N E F O O T O F P R O P O S E D RI G H T - O F - W A Y L I N E . 24 . D A M A G E T O T H E E X I S T I N G R I G H T - O F - W A Y S H A L L B E R E S T O R E D / R E P A I R E D T O T H E S A T I S F A C T I O N O F T H E C I T Y A T H E C O M P L E T I O N O F T H E PR O J E C T . T H E C O N T R A C T O R I S E N C O U R A G E D T O I N S P E C T T H E R I G H T - O F - W A Y W I T T H E C I T Y P R I O R T O T H E S T A R T O F C O N S T R U C T I O N T O DO C U M E N T T H E E X I S T I N G C O N D I T I O N O F T H E R I G H T - O F - W A Y . 25 . A L L E X I S T I N G O F F - S I T E D R A I N T I L E S T H A T A R E E N C O U N T E R E D S H A L L B E T I E D I N T O T H E P R O P O S E D S T O R M S Y S T E M ( W H E R E A P P L I C A B L E ) W I T H A P O S I T I V E O U T F L O W . 26 . A L L E X I S T I N G P E R I M E T E R R O A D D R A I N A G E S T R U C T U R E S A N D B R I D G E S A C R O S S T H E F R O N T A G E O F T H I S D E V E L O P M E N T A R E I N D I C A T E D O N T H E PL A N S . P R O V I S I O N S H A V E B E E N M A D E T O I M P R O V E O R R E P L A C E A N Y D R A I N A G E S T R U C T U R E S A N D B R I D G E S A S N E C E S S A R Y O R A S R E Q U E S T B Y TH E C I T Y O T A C C O M M O D A T E T H E P A V E M E N T W I D E N I N G , A U X I L I A R Y L A N E S , M U L T I - U S E P A T H , A N D A N Y O T H E R R E Q U I R E D I M P R O V E M E N T S T O TH E P R O P E R T Y O R T H E R O A D W A Y . T H E C O S T T O I M P R O V E O R R E P L A C E A N Y D R A I N A G E S T R U C T U R E S A N D B R I D G E S W I L L B E B O R N E B Y T H E DE V E L O P E R . 27 . A L L P A V I N G W I T H I N T H E E X I S T I N G A N D P R O P O S E D C I T Y R I G H T - O F - W A Y S H A L L C O N F O R M T O T H E R E Q U I R E M E N T S O F T H E D E P A R T M E N T O F EN G I N E E R I N G . T H E C O N T R A C T O R S H A L L C O N T A C T T H E D E P A R T M E N T O F E N G I N E E R I N G T O S C H E D U L E A P R E - C O N S T R U C T I O N M E E T I N G T O RE V I E W T H E D E P A R T M E N T ' S C O N S T R U C T I O N R E Q U I R E M E N T S , S T A F F N O T I F I C A T I O N R E Q U I R E M E N T S , R E Q U I R E D I N S P E C T I O N S F O R C E R T A I N ST A G E S O F T H E W O R K A N D T O R E V I E W T H E A U T H O R I T Y O F T H E D E P A R T M E N T A S I T R E L A T E S T O W O R K W I T H I N T H E E X I S T I N G A N D P R O P O S E D RI G H T - O F - W A Y . 28 . P O O L D R A I N S T O B E D I R E C T E D T O S A N I T A R Y S E W E R . 29 . R O O F D R A I N S T O B E D I R E C T E D T O D R Y D E T E N T I O N A R E A S . DR A I N A G E S U M M A R Y OV E R A L L Si t e A c r e a g e = + / - 1 3 . 1 9 a c . Of f s i t e / U p s t r e a m A c r e a g e = + / - 0 . 2 9 a c . Vo l u m e R e q u i r e d : 6 5 , 8 4 1 c u . f t . Vo l u m e P r o v i d e d : 1 2 8 , 6 3 3 c u . f t . Ex c e s s V o l u m e : 6 2 , 7 9 2 c u . f t . : 9 5 % a d d i t i o n a l vo l u m e p r o v i d e d Lo w O r i f i c e : 6 " D i a m e t e r @ 8 0 0 . 0 0 Se c o n d O r i f i c e : 9 . 6 " x 9 " R e c t . N o t c h @ 8 0 1 . 2 0 To p o f C a s t i n g : 8 0 2 . 0 0 Al l o w a b l e R e l e a s e R a t e : 10 y r = 0 . 8 8 c . f . s . 1 0 0 y r = 2 . 6 4 c . f . s . Po s t D e v e l o p e d R e l e a s e R a t e : 10 y r = 0 . 7 5 c . f . s . 1 0 0 y r = 2 . 0 9 c . f . s . RA I N G A R D E N P L A N T I N G L I S T 1. G R E A T B L U E L O B E L I A 2. G R E E N - H E A D E D C O N E F L O W E R 3. B L U E V E R V A I N 4. B I G B L U E S T E R N 5. F O W L M A N N A G R A S S T. O . B = 8 0 3 . 0 0 5:1 5: 1 80 2 . 0 0 NO S C A L E 17 ' EM E R G E N C Y S P I L L W A Y CR O S S S E C T I O N LA K E # 1 T. O . B = 8 0 3 . 0 0 DU P L E X G R I N D E R PU M P S T A T I O N (A S P E R C 8 0 1 ) CL E A N O U T (S E E D E T A I L C 8 0 1 ) EX I S T I N G G A S L I N E S H O W N A T AP P R O X I M A T E L O C A T I O N . CO N T R A C T O R T O F I E L D V E R I F Y EX I S T I N G G A S M A I N L O C A T I O N AN D S I Z E P R I O R T O C O N S T R U C T I O N . ST R U C T U R A L N O T E S MA X I M U M BU I L D I N G HE I G H T 35 F E E T F O R A P R I N C I P L E B U I L D I N G , 18 F E E T F O R A N A C C E S S O R Y B U I L D I N G SI T E T A K E - O F F S TO T A L L O T = RE S I D E N C E = PO R C H E S = GA R A G E S = BA R N = PO O L = PO O L D E C K = 57 4 , 3 6 4 S F 17 , 5 6 7 S F 70 5 S F 2, 0 6 5 S F 5, 0 0 0 S F 1, 0 0 0 S F 10 , 7 3 3 S F LA N D D E S C R I P T I O N A P A R T O F T H E E A S T H A L F O F T H E S O U T H E A S T A N D N O R T H E A S T Q U A R T E R S O F S E C T I O N 1 0 , T O W N S H I P 1 7 N O R T H , R A N G E 3 EA S T I N H A M I L T O N C O U N T Y , I N D I A N A , T H I S D E S C R I P T I O N T A K E N F R O M I N S T R U M E N T N U M B E R 2 0 1 9 0 4 7 8 5 9 , M O R E PA R T I C U L A R L Y D E S C R I B E D A S F O L L O W S : BE G I N N I N G A T T H E S O U T H W E S T C O R N E R , E A S T H A L F , N O R T H E A S T Q U A R T E R ( I R O N P I P E F O U N D 4 . 2 F E E T N O R T H ) ; T H E N C E NO R T H 0 0 D E G R E E S 2 2 M I N U T E S 3 3 S E C O N D S E A S T ( B E A R I N G A S S U M E D F R O M I N D I A N A S T A T E P L A N E E A S T Z O N E A N D S E A GR O U P P R O J E C T # R 1 8 - 4 5 4 2 , F I E L D W O R K C O M P L E T E D J A N U A R Y 1 7 , 2 0 1 9 ) A L O N G T H E W E S T L I N E T H E R E O F 6 8 5 . 8 2 F E E T ; TH E N C E S O U T H 0 0 D E G R E E S 4 2 M I N U T E S 3 3 S E C O N D S W E S T P A R A L L E L W I T H T H E E A S T L I N E O F S A I D H A L F Q U A R T E R SE C T I O N 5 4 5 . 4 8 F E E T T O T H E S O U T H L I N E O F S A I D H A L F N O R T H E A S T Q U A R T E R S E C T I O N ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 MI N U T E S 1 6 S E C O N D S W E S T A L O N G T H E S O U T H L I N E T H E R E O F 1 1 5 . 7 5 F E E T ; T H E N C E S O U T H 0 0 D E G R E E S 1 0 M I N U T E S 3 2 SE C O N D S E A S T A L O N G T H E W E S T L I N E O F R E A L E S T A T E D E S C R I B E D I N I N S T R U M E N T N U M B E R 2 0 1 8 - 3 6 1 2 6 " M A H V A S H , - K LL C " 2 9 4 . 8 9 F E E T ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 M I N U T E S 1 6 S E C O N D S W E S T P A R A L L E L W I T H S A I D N O R T H L I N E 5 4 8 . 1 8 FE E T T O T H E E A S T L I N E O F C E D A R P O I N T S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 6 , P A G E S 1 3 1 - 1 3 2 I N T H E O F F I C O F T H E RE C O R D E R , H A M I L T O N C O U N T Y , I N D I A N A ; T H E N C E N O R T H 0 0 D E G R E E S 2 7 M I N U T E S 1 6 S E C O N D S E A S T A L O N G S A I D E A S T LI N E A N D T H E N O R T H E R L Y E X T E N S I O N T H E R E O F 2 9 4 . 9 0 F E E T T O T H E N O R T H L I N E O F S A I D E A S T H A L F , S O U T H E A S T QU A R T E R ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 M I N U T E S 1 6 S E C O N D S W E S T A L O N G T H E N O R T H L I N E T H E R E O F 8 . 7 4 F E E T T O T H E PO I N T O F B E G I N N I N G , C O N T A I N I N G 1 3 . 1 8 6 A C R E S , M O R E O R L E S S . 4' 1' OP E N G R A D E D S T O N E WR A P P E D I N N O N - W O V E N GE O T E X T I L E F A B R I C 6" U N D E R D R A I N 2' E N G I N E E R E D S O I L (S E E T A B L E ) NA T I V E V E G E T A T I O N 5 1 5 1 13 3 ' ± LI M I T S O F DI S T U R B E D A R E A LI M I T S O F DI S T U R B E D A R E A LI M I T S O F DI S T U R B E D A R E A LI M I T S O F DI S T U R B E D A R E A LI M I T S O F DI S T U R B E D A R E A DI S T U R B E D A R E A C A L C S DI S T U R B E D A R E A = 32 8 , 9 4 8 S F o o o o o o o o o CR O S S S E C T I O N "A " - " A " N. P . = 8 0 0 . 0 0 LA K E # 1 LA K E BO T T O M = 7 8 6 . 0 0 3 1 EL E V . = 7 9 8 . 0 0 T. O . B . E L E V . = 8 0 3 . 0 0 3 1 EL E V . = 7 9 8 . 0 0 5 1 10 Y E A R E L E V . = 8 0 0 . 8 2 10 0 Y E A R E L E V . = 8 0 1 . 6 7 T. O . B . E L E V . = 8 0 3 . 0 0 5 1 10 ' 10 ' 4' 1' OP E N G R A D E D S T O N E WR A P P E D I N N O N - W O V E N GE O T E X T I L E F A B R I C 6" U N D E R D R A I N 2' E N G I N E E R E D S O I L (S E E T A B L E ) 5 1 5 1 70 ' ± EL E V . = 8 0 2 . 0 0 EL E V . = 8 0 2 . 0 0 EL E V . = 8 0 1 . 9 0 T. O . B . E L E V . = 8 0 4 . 0 0 T. O . B . E L E V . = 8 0 3 . 0 0 T. O . B . E L E V . = 8 0 4 . 0 0 T. O . B . E L E V . = 8 0 4 . 0 0 NA T I V E V E G E T A T I O N EL E V . = 8 0 2 . 0 0 EL E V . = 8 0 2 . 0 0 EL E V . = 8 0 1 . 9 0 Is t h e p r i m a r y w a t e r q u a l i t y t r e a t m e n t f o r t h e d e v e l o p m e n t a s p l a n n e d i n t h e M a s t e r P l a n - NO If NO , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n p e r B M P ( O n l y f o r B M P ' s w i t h v e g e t a t i v e s w a l e r e q . ) : *L e n g t h o f v e g e t a t e d s w a l e t r e a t m e n t ( f r o m d i s h a r g e p o i n t t o o u t l e t p i p e ) - N / A *M i n i m u m l e n g t h o f v e g e t a t e d s w a l e t r e a t m e n t a s r e q u i r e d b y t h e M a s t e r P l a n - N/ A Is t h e p r i m a r y w a t e r q u a n t i t y t r e a t m e n t f o r t h e d e v e l o p m e n t a s p l a n n e d i n t h e M a s t e r P l a n - NO *I f YE S , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n : To t a l M a s t e r P l a n c o n t r i b u t i n g w a t e r s h e d = N/ A A c . To t a l W a t e r s h e d C u r r e n t l y B u i l t ( o r A p p r o v e d ) c o n t r i b u t i n g t o t h i s s y s t e m = N/ A A c . To t a l w a t e r s h e d f r o m N/ A c o n t r i b u t i n g t o t h e s y s t e m = N/ A A c . To t a l w a t e r s h e d a v a i l a b l e i n t h e s y s t e m p o s t - p r o j e c t = N/ A A c . Is t h e e n t i r e B M P t r e a t m e n t t r a i n t o a n o u t l e t p o i n t b e i n g c o n s t r u c t e d w i t h t h i s s e c t i o n - YE S If NO , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n : De t e n t i o n B a s i n s B M P ' s C o n s t r u c t e d w i t h t h i s s e c t i o n . ( S e e B M P p o n d d a t a t a b l e - t h i s s h e e t ) - N/ A December 15, 2023 Mr. Alex Jordan City of Carmel- Engineering Department One Civic Square Carmel, IN 46032 Dear Mr. Jordan: Subject: L’Etoile: 833 Main Street Carmel, IN 46032 CEC Project 192-773 Civil & Environment Consultants, Inc., on the behalf of the L’Etoile Mixed Use Project, respectfully request the following to be presented to the Board of Public Works for the 0.7 acre project located at 833 Main Street. 1. Request waiver for the requirement of 2.5’ minimum cover over storm pipe. (STSM 501.01) Structure 100 Due to the existing offsite grades and the proximity of the structure to the property line, we are proposing to keep the structure at the existing rim elevation and upsize the pipe to convey offsite runoff from the north. Because of this it is not possible to maintain 2.5’ of cover over the pipe. The 27” pipe to the north is concrete and will have 1.45’ of cover. We are confident that the proposed design will not be adversely impacted by this waiver. Structure 108 Due to the existing offsite grades, we are proposing to keep the structure the proper grade to capture runoff from the roadway and upsize the pipe to convey offsite runoff from the north. Because of this it is not possible to maintain 2.5’ of cover over the pipe. The 24” pipe to the east is concrete and will have 1.88’ of cover. We are confident that the proposed design will not be adversely impacted by this waiver. Structure 112 Due to the existing offsite grades and the proximity of the structure to the property line, we are proposing to keep the structure at the proper grade provide continuation of the 15” Alex Jordan CEC Project 192-773 Page 2 December 15, 2023 storm pipe from the neighboring property east of the project. The pipe will have 1.6’ of cover. We are confident that the proposed design will not be adversely impacted by this waiver. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-777 if you have any questions. Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager PR O P O S E D B U I L D I N G F. F . E . = 8 4 7 . 2 0 ML A G = 8 4 6 . 7 0 MF P G = 8 4 6 . 7 0 UT I L I T Y N O T E : BE N C H M A R K S : FL O O D N O T E : RE F E R E N C E S : AD D I T I O N A L C I T Y O F C A R M E L N O T E S : DR A I N A G E S U M M A R Y DR A I N A G E L E G E N D DE T A I L - S T R U C T U R E # 1 0 0 A NT S PL A N V I E W EL E V A T I O N V I E W DE T E N T I O N B A S I N S E C T I O N ST O R M W A T E R D E T E N T I O N V A U L T SE C T I O N MARCH 30, 2023 8 AB 3 4 5 6 7 1 2 CDEFGH 8 3 4 5 6 7 1 2 ABCDEFGH DESCRIPTION DATE NO REVISION RECORD 105/19/2023 STATE SUBMITTAL DATE: DWG SCALE: DRAWN BY: CHECKED BY: APPROVED BY: PROJECT NO: SH E E T OF DR A W I N G N O . : STUDIO M ARCHITECTURE L'ETOILE 833 W. MAIN STREET CARMEL, INDIANA RE F E R E N C E 530 E. Ohio Street · Suite G - Indianapolis, IN 46204 317-655-7777 · 877-746-0749 www.cecinc.com PE R M I T NO T F O R CO N S T R U C T I O N PE N D I N G 22192-773 P R O FESSIONA L E N G I NEER INDIA N A AA R O N C.H U R T PE 1 0 3 0 0 0 5 8 ST A T E O F -oN R E G ISTERE D * HAND SIGNATURE ON FILE 206/15/2023 BZA Packet Update 312/18/2023 ADLS Cycle 2 Re-submittal NPJ DRAFT NOT FOR CONSTRUCTION 1" = 20' C4 0 0 DRAINAGE PLAN 7 NO R T H Cross Reference to Deed: 2018-053129 & 2023-012566 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the Zack Martin, Morgan Martin, and The Duke Property, LLC, (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to construct single family homes on the Real Estate and, in connection with the construction, development and operation of the approved drainage infrastructure, the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, infiltration trench, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. _____________________________________________________________ CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ Sue Finkam, Mayor Date: __________ ________________________________________ Laura Campbell, Member Date: ____________ ________________________________________ Alan Potasnik, Member Date: ____________ ATTEST: ________________________________________ Jacob Quinn, Clerk Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Finkam, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Laura Campbell, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Alan Potasnik, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jacob Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Sergey Grechukhin. Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 RESOLUTION NO. BPW 02-21-24-02 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND PRESENTATION OF PISTOL AND BADGE WHEREAS, pursuant to IC 5-22-22-6, the Board of Public Works and Safety of the City of Carmel, Indiana (“Board”), may transfer to another certain personal property; and WHEREAS, Detective Mark James Paris has provided over 20 years of meritorious service to the Carmel community as a Carmel City Police Officer, and will be retiring on February 16, 2024; and WHEREAS, it has been a long-standing policy and practice of the Carmel Police Department to present to each of its sworn officers, upon retirement, their badge and firearm. NOW, THEREFORE, BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following items may be transferred and presented to Detective Mark James Paris upon his retirement, at the direction of the Chief of Police: Detective Paris’s Service Weapon, Glock Model 19, 9 mm Pistol and accessories and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. BPW 02-21-24-02 Page One of Two Pages This Resolution was prepared by Benjamin Legge, Carmel Corporation Counsel, on 2/6/2024 at 1:20 PM. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this day of , 2024, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 02-21-24-02 Page Two of Two Pages This Resolution was prepared by Benjamin Legge, Carmel Interim Corporation Counsel, on 2/6/2024 1:20 PM. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise.