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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 03-06-24Board of Public Works and Safety Meeting Agenda Wednesday, March 6, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the February 21, 2024, Regular Meeting 2.BID OPENING AND AWARD a.Bid Award for 22-ENG-13 Rohrer Road Multi-Use Path & Water Main; Globe Asphalt Paving Co., Inc; ($946,310.92); Jeremy Kashman, City Engineer b.Bid Opening for 24-STR-02 Paving Program; Matt Higginbotham, Street Commissioner c.Bid Opening for Spring Mill Run Culvert Replacement; 22-SW-01; Jeremy Kashman, City Engineer 3.PERFORMANCE BOND REDUCTION APPROVAL REQUEST a.Resolution BPW 03-06-24-01; Bond Release for Bonbar at Monon Lake; BMP Structure, Common Walk, and Erosion Control; MI Homes b.Resolution BPW 03-06-24-02; Bond Release for Courtyards if Carmel; Section 2 BMP Structure, Section 3 Monument, and Section 3 Signs; Epcon Carmel, LLC c.Resolution BPW 03-06-24-03; Bond Release for Jackson’s Grant, Section 8; Erosion Control; Jackson’s Grant Real Estate Co., LLC 4.CONTRACTS a.Request for Purchase of Goods and Services; D. & L.S. Inc d/b/a Office Keepers; ($20,916.00); Cleaning Services for the Fire Department Headquarters; Additional Services Amendment; Chief David Haboush, Carmel Fire Department b.Request for Purchase of Goods and Services; 3D Company, Inc;(NO Cost Change); 20-ENG-02-106th and College Roundabout; CO #6; Jeremy Kashman, City Engineer c.Request for Purchase of Goods and Services; 3D Company, Inc;(-$16,501.00); 20- ENG-02-106th and College Roundabout; CO #7; Jeremy Kashman, City Engineer d.Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; (-$11,000.00); 16-ENG-37-116th Street and Medical Drive at Rangeline Road Roundabout; CO #7; Jeremy Kashman, City Engineer e.Request for Purchase of Goods and Services; Globe Asphalt Paving Co., Inc.; ($946,310.92); 22-ENG-13-Rohrer Rd Multi-Use Path & Water Main; Jeremy Kashman, City Engineer f.Request for Purchase of Goods and Services; HWC Engineering, Inc.; ($20,500.00); 22-ENG-09- W Main Street Reconstruction-Old Meridian to Guilford; Additional Services Amendment #1; Jeremy Kashman, City Engineer g.Request for Purchase of Goods and Services; RQAW Corporation; ($9,850.00); 22- ENG-11 Carmel Path-141st Street from West Road to Spring Mill Road; Additional Services Amendment #2a; Jeremy Kashman, City Engineer h.Request for Purchase of Goods and Services; The Taylor Realty Group, PC; ($12,430.00); 22-ENG-02-Second Appraisals-116th Path-US 421 to Town Road; Additional Services Amendment #3b; Jeremy Kashman, City Engineer i.Resolution BPW 03-06-24-10; Request for Acknowledgment of Contract between City and Vendor; James Barlow; Amendment to Professional Services Agreement; Mayor Sue Finkam j.Resolution BPW 03-06-24-04; Request for Acknowledgment of Contract between City and Vendor; Smock Fansler Corporation; ($238,535.00); 24-STR-01 Vault Installation; Matt Higginbotham, Street Commissioner k.Request for Purchase of Goods and Services; Thomas A. Brady Sports Medicine, P.C. d/b/a Forte Sports Medicine and Orthopedics; ($50,000.00); Medical Services; Professional Services Agreement; John Duffy, Director of the Department of Utilities 5.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 b.Request to Use/Close City Streets, Closure of Cranston Ave from Old Meridian to the Providence Parking Lot Just Behind the Brockway Pub and the North Bound Lane of Old Meridian from West Carmel Drive to Grand Blvd for Annual St. Patrick’s Day Celebration; March 14-17, 2024; 8:00 AM to 11:00 PM; Sean McCutcheon, The Brockway Public House c.Request to Use/Lane Restriction of City Streets, Lane Restrictions of North/East Bound Lanes of Old Meridian Street from Cranston Ave; Carmel Fire Department Pumper Pull/Annual St. Patrick’s Day Celebration; March 16, 2024; 3:00 PM to 7:00 PM; Joel Heavner, City of Carmel Fire Department d.Request to Use/Close City Streets, Use Veteran’s Way at Main to Right After Our First Parking Lot Entrance; Annual Shamrock the District Tent Party; March 15-18, 2024; 8:00 AM to 9:00AM; Beth Hohlier CEO/Owner, Muldoon’s e.Request to Use/Block Parking Spots; Block Parking Spots on City Center Drive by the Palladium for a 40 Foot RV; March 6-7, 2024; 8:00 AM to 4:00 PM; Cindy Schassberger, Hotel Carmichael f.Request to Use City Streets; Sam Costa Run; March 23, 2024; 7:00 AM to 2:00 PM; Terry Townsend, Indy Runners and Walkers 6.OTHER a.Uniform Conflict of Interest Disclosure Statement; Michael Brisco b.Resolution BPW 03-06-24-05; Transfer of Real Property to Third Party; Amending the Minimum Sales Price for the Sale of Excess Real Property located near 96th Street and Keystone Parkway That is Not Needed for Public Purpose; Jeremy Kashman, City Engineer c.Resolution BPW 03-06-24-08; Designating and Approving the Placement of Speed Limit Signs on City Streets Within the Immediate Vicinity of a School; Within Immediate Proximity to Coram Deo Academy, Along Congressional Blvd, N College Ave, and 117th Street; Jeremy Kashman, City Engineering d.Resolution BPW 03-06-24-09; Lease of Real Property to a Third Party; Lease of Property Located at 10583 Lakeshore Drive East That is Not Needed for a Public Purpose and Establish Minimum Monthly Rent; Jeremy Kashman, City Engineering e.Request for Curb Cut; 11100 Queens Way Circle; Jacob Gordon, Property Owner f.Request for Open Pavement Cut and Sidewalk Restrictions; 9703 N Michigan Road; Centerpointe Energy g.Request for Public Right of Way Dedication; 3927 & 4005 W 141st Street; Zack Martin, Morgan Martin and Duke Property, LLC h.Request for Stormwater Technical Standards Waiver; L’Etoile; 833 W Main Street; Nick Justice CEC, Inc. i.Request Consent to Encroach; 5909 Garden Gate Way; Brandon & Sarah Brown, Property Owners j.Request for Secondary Plat; Ambleside Section 2; Tim Berry, Platinum Properties k.Resolution BPW 03-06-24-06; Establishing the Small Purchase Policy; Adopt the City’s Small Purchase Policy for Purchases Cost Less Than Fifty Thousand Dollars and Designates the Chief of Staff as Additional Purchasing Agent; Benjamin Legge, Department of Corporation Counsel l.Resolution BPW 03-06-24-07; Limits the Use of the Caucus Room; For Public Safety Purposes, the Caucus Room, located on the Second Floor, City Hall, One Civic Square, Carmel, IN 46032, Shall No Longer be Available for Use for Public Meetings; Benjamin Legge, Department of Corporation Counsel 7.ADD-ONS 8.ADJOURNMENT 1 2 3 Board of Public Works and Safety Meeting Minutes Wednesday, February 21, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Board Member Campbell called the meeting to order at 10:00 AM 10 11 MEMBERS PRESENT 12 13 Board Members Laura Campbell, and Alan Potasnik. Also, present City Clerk Jacob Quinn and Jessica 14 Dieckman. 15 16 MINUTES 17 18 Minutes from February 07, 2024, Regular Meeting. Board Member Potasnik moved to approve. Board 19 Member Campbell seconded. Minutes approved 2-0. 20 21 BID OPENING AND AWARD 22 23 Bid Award for 24-Str-01 Vault Installation; Crystal Edmondson Carmel Street Department, 24 recommended awarding the quote to Smock Fansler Corporation, as they were the lowest bid and most 25 responsive. Board Member Potasnik moved to award the bid to Smock Fansler Corporation in the 26 amount of $238,535.00. Board Member Campbell seconded. Award approved 2-0. 27 Bid Opening for 22-ENG-13 Rohrer Road Multi-Use Path & Water Main; 28 Board Member Potasnik opened the bid and Board Member Potasnik read them aloud: 29 Contractor Bid 30 Morphy Construction, Inc $1,120,000.00 31 William Charles Construction $1,340,000.00 32 All Star Paving $1,036,838.00 33 Globe Asphalt Paving $946,310.92 34 Yardberry Landscape Excavating Company $1,100,790.00 35 JKES, INC $1,026,162.25 36 37 38 CONTRACTS39 40 Request for Purchase of Goods and Services; Window Consultants of Indiana, LLC;($34,592.00); 41 Building Repairs and Maintenance; Additional Services Amendment; Board Member Potasnik moved 42 to approve. Board Member Campbell seconded. Request was approved 2-0. 43 44 Request for Interlocal Agreement between The City of Carmel and Hamilton County; One Time 45 Distribution of Public Health Grant Funds for AED Devices; Andrew Young, EMS Division Chief, 46 states this is an agreement with Hamilton County Health Department on the purchase of 10 AEDS. 4 of 47 those AEDS will be used on E-Bikes and the other 6 will be at Fire Houses for public access 24/7. The 48 Fire Department will continue to provide public education and will be responsible for the upkeep on 49 the AEDS. Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 50 was approved 2-0. 51 52 Resolution BPW 02-21-24-01; Request for Acknowledgment of Contract between City and Vendor; 53 ($120,000.00); Bar Communications, LLC; Media Relations and Communications Services; Additional 54 Services Amendment; Board Member Potasnik moved to approve. Board Member Campbell seconded. 55 Resolution was approved 2-0. 56 57 Request for Purchase of Goods and Services; CRE Consulting, LLC.; ($7,420.00); 16-ENG-45-AAA 58 Way & 116th St Appraisal Services; Additional Services Amendment; Board Member Potasnik moved 59 to approve. Board Member Campbell seconded. Request was approved 2-0. 60 61 Request for Purchase of Goods and Services; USI Consultants, Inc.; ($386,600); 22-ENG-Westfield 62 Blvd Path from 99th Street to 116th Street-Design; Additional Services Amendment; Board Member 63 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 64 65 Request for Purchase of Goods and Services; Ergotech Controls, LLC d/b/a Industrial Networking 66 Solutions; ($26,940.81); Main Street-Private Cellular Network; Additional Services Amendment; 67 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 68 approved 2-0. 69 70 Request for Purchase of Goods and Services; Nelson Alarm Company, LLC; ($49,631.00); Axis Dome 71 Fixed Camera, Pendant Kit, Pole Mount, Wall Mount; Additional Services Amendment; Board 72 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 73 74 Request for Purchase of Goods and Services; Argos Connected Solutions LLC; ($34,351.32); GPS 75 Tracking Services; Additional Services Amendment; Board Member Potasnik moved to approve. Board 76 Member Campbell seconded. Request was approved 2-0. 77 78 Request for Purchase of Goods and Services; Engledow, Inc.; ($53,527.30); Flower Maintenance; 79 Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Campbell 80 seconded. Request was approved 2-0. 81 82 Request for Purchase of Goods and Services; Lionheart Critical Power; ($2,212.00); Generator 83 Service; Additional Services Amendment; Board Member Potasnik moved to approve. Board Member 84 Campbell seconded. Request was approved 2-0. 85 86 Request for Purchase of Goods and Services; Mainscape, Inc.; ($61,999.87); Mowing and 87 Landscaping; Additional Services Amendment; Board Member Potasnik moved to approve. Board 88 Member Campbell seconded. Request was approved 2-0. 89 90 REQUEST TO USE CITY STREETS/PROPERTY 91 92 Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 93 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24-REMAINS 94 TABLED 95 96 97 98 OTHER 99 100 Resolution BPW 02-21-24-03; Request for Acknowledgment of Amending the City of Carmel Special 101 Event/Facility Use Policy; Board Member Potasnik moved to approve. Board Member Campbell 102 seconded. Resolution was approved 2-0. 103 104 Request for Waiver of BPW Resolution No. 04-28-17-01; 1017 W Main Street; Board Member 105 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 106 107 Request for Consent to Encroach and Variance; 120 Old Grayce Lane; Board Member Potasnik 108 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 109 110 Request for Lane & Sidewalk Restrictions and Curb Cuts; L’Etoile; 833 Main Street; Board Member 111 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 112 113 Request for Lane & Sidewalk Restrictions and Curb Cuts; 2200 W Main Street; Board Member 114 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 115 116 Request for Stormwater Technical Standards Waiver; 10475 Hussey Lane; Board Member Potasnik 117 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 118 119 Request for Stormwater Technical Standards Waiver; L’Etoile; 833 W Main Street; Board Member 120 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 121 122 Request for Grant of Perpetual Stormwater Quality Management Easement; 3927 W 141st Street; 123 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 124 approved 2-0. 125 126 Resolution BPW 02-21-24-02; A Resolution of the Board of Public Works and Safety of the City of 127 Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge to Mark James Paris; 128 20 years of Meritorious Service; Brady Myers, Deputy Chief, Carmel Police Department, briefly 129 noted it has been a long standing tradition that when an Officer retires from the Carmel Police 130 Department in good standing that the Police Department awards them their service pistol and badge 131 credentials upon their retirement. Officer Paris retired on February 15, 2024, and will be returning as 132 a civilian employee as a part of their CSI Crime Lab Team but will not be in a sworn capacity. Board 133 Member Potasnik moved to approve. Board Member Campbell seconded. Resolution was approved 2-134 0. 135 136 137 ADD-ONS 138 139 Hamilton County Emergency Management, Outdoor Warning Siren Memorandum of Agreement. 140 These agreements are put in place in the surrounding cities of Hamilton County. This agreement is 141 already in place in the city but has been updated. Hamilton County can operate our sirens on an 142 automated basis through a federal warning system. The National Weather Service issues a tornado 143 warning, tornado emergency, or severe thunderstorm warning with the destructive tag that 144 encompasses any part of the City of Carmel or Clay Township. The CommanderOne software will 145 automatically activate the sirens. Presented by Benjamin, Legge, Corporation Counsel. 146 147 Board Member Potasnik moved to add-on an item to the agenda. Board Member Campbell seconded. 148 Motion approved 2-0. 149 150 Board Member Potasnik moved to approve the add-on. Board Member Campbell seconded. Request 151 approved 2-0. 152 153 154 155 ADJOURNMENT 156 157 Board Member Campbell adjourned the meeting at 10:14 AM 158 159 160 161 APPROVED: ____________________________________ 162 Jacob Quinn – City Clerk 163 164 165 _____________________________________ 166 Mayor Sue Finkam 167 168 169 ATTEST: 170 __________________________________ 171 Jacob Quinn – City Clerk 172 CzTfshfzHsfdivlijobu:;26bn-Gfc2:-3135 OFFICEKEEPERS 8537 BASH ST, SUITE5 INDIANAPOLIS, IN46250 PHONE (317) 577-6877 FAX (317) 577-2594 2-13-2023 LukeRay, Deputy Chief Carmel Fire Department 210Veterans Way Carmel, IN46032 Deputy Chief Ray, Thank youforincluding Office Keepers inyour consideration forthecleaning servicesof theFireDepartment Headquarters inCarmel. Office Keepers hasbeen servicing itscustomers inCentral Indiana since1988 andprides itself onoffering quality, dependable service witha “hands on” approach byour management team. Ouroffice isfully staffed duringbusiness hours toserve ourcustomers andtoanswer any questions theymayhave regarding service. After business hours, allsupervisors and managers canbereached 24hoursby cellular phone. Office Keepers isfullyinsured upto $3,000,000 liability and property damage toprotect ourcustomers. Once again, thank youforthisopportunity andifyoushould have anyquestions regarding anyoftheinformation provided please donot hesitate tocallme. Sincerely, Dave Spinks President OFFICE KEEPERS 8537BASHST, SUITE5 INDIANAPOLIS, IN46250 317) 577-6877 fax (317)577-2594 SERVICE CONTRACT COMPANY: Carmel Fire Department ADDRESS: 210 Veterans Way CITY: Carmel STATE: IN ZIP:46032 GENERAL SERVICE SPECIFICATION: Wepropose toprovide supervised janitorial service perattached jobspecification. Allwork tobeperformed inaworkmanlike manner. Anydeletions/additions tobereflected inprice change. Servicetobecompletedincludesjanitorialservicesaccordingto attached cleaningspecs Serviceistobecompletedona3dayperweekbasis, generallyscheduledfor MondayWednesdayandFriday, servicetostartatmutuallyagreeabletimes. Otherservicesavailableuponrequest: commercialfloor care, carpet cleaning, windowcleaning, projectcleaning, constructioncleaning Monthlypricefor theproposedservices stndInclude1floor, 2floorstairs, elevatorsetc $2324/month OfficeKeeperswill supplycleaning suppliessuchaswindowcleaner, bowl cleaneretc. CFDistosupplypaper suppliessuchastrashliners, handtowels, toiletpaper, hand soapetc. TERMS: NET DUE UPON RECEIPT A. OfficeKeepers herebyagreestoprovide laborandsupervisionnecessaryto maintainthe describedbuildingasindicated. B. Thiscontractmaybe terminatedby eitherpartywitha30daywrittennoticeatanytimeafter thefirst 30daysofthestartofservice. C. Ourcompanyisbonded, ouremployeesarefullycoveredbyWorkman’sCompensationandour equipmentbyfullliabilityandpropertydamages ($3,000,000.00coverage). D. Uponterminationofthisagreement, youwillnotemployorcontactanypersonsemployedby OfficeKeepers duringthisagreementto performanyservicesherein, within sixmonthsof termination. E. Intheeventofcustomerdefaulttopaysaidprice, inaccordancewiththetermsindicatedand whethera lawsuitisinstitutedornot, thecustomer agreestopayallcollectionexpenses, attorney fees, and courtcosts. ACCEPTEDBY: ______________________________________________ DATE: ________________ 2 OPERATIONAL PLAN FOR CARMEL FIRE I. Nightly cleaning a. Scheduled for 3days per week, Monday Wednesday and Friday, evening service b. Service is to start each evening not before 5:00 pm. c. Cleaning is to be completed primarily after the close of business. II. Supplies a. Office Keepers is to supply cleaning supplies to include bowl cleaner, window cleaner, cleaning rags as needed. b. CFD is to supply useable supplies such as hand towels, toilet paper, trash liners, hand soap etc. c.CFD is to provide trash dumpster for all bags of trash and other materials needing disposal. d. Office Keepers will provide and maintain needed vacuums, trash barrels, mop buckets and wringers, mops and other needed equipment. III. Areas of cleaning a. FirstFloor i. Administrative areas ii. Weightroom (wipemachines) iii. Offices iv. Entrancearea v. Stairwells vi. Restrooms b. SecondFloor i. Administrative areas ii. Conferencerooms iii. Kitchenand breakrooms iv. Commonareas v. Restrooms vi. Offices 3 CLEANING SPECS FOR CARMEL FIRE I. Lobby, Hallways, Entrance Area a. Empty off trash receptacles, replace liners as needed b. Vacuum carpets and rugs daily c. Vacuum hard surface floors, damp mop entrances and hallways daily d. Spot clean glass in doors in entrance area daily e. Dust or wipe reception area counters daily II. Office areas, conference rooms, administration areas a. Vacuum carpeted areas b. Vacuum mop hard surface floors, damp mop daily c. Empty trash receptacles daily, replace liners as needed d. Dust horizontal areas that are reachable monthly e. Clean vertical surfaces as possible, light switches etc monthly f. Empty recycling bins as needed III. Break Room a. Empty all trash and replace liners daily b. Clean all sinks and countertops daily c. Clean tables and eating areas daily d. Sweep and damp mop hard surface floors daily e. Dust reachable surfaces monthly f. Wipe appliance fronts as needed g. Clean microwaves daily IV. Restrooms and locker rooms a. Empty all trash and replace liners daily b. Clean all sinks, counters and mirrors daily c. Clean and sanitize all restroom fixtures including toilets, urinals, showers daily d. Clean and sanitize all bright work daily e. Refill all dispenses including T.P, towels, soap etc. daily f. Vacuum and mop all hard floors daily g. Wipe workout machine handles daily 4 OFFICE KEEPERS INFORMATION D.&L.S. inc DBA Office Keepers 8537 Bash St, Suite 5 Indianapolis, IN 46250 www.indyofficekeepers.com 317-577-6877 office 317-577-2594 fax Dave Spinks Owner 317-590-5242 Cell dave@indyofficekeepers.com Angel Novoa Operations Manager 317-440-1565 Cell angel@indyofficekeepers.com Amy Rapala Office Manager amy@indyofficekeepers.com Company Insurance, maintained thru EMC commercial insurance, certificate of insurance available as requested Office Keepers is a family owned janitorial services company operating in central Indiana. It has been under the same ownership since April of 1997. It services customers in all types of businesses including everything from medical offices to trucking terminals. All work is done by Office Keepers employees, we do not subcontract our services. 5 6 2/14/2024 OFFICE KEEPERS SUITE 5 INDIANAPOLIS, IN 46250 - 110888 8537 BASH 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 Cleaning Admin per Attached Carmel Fire Department 210 Veterans Way Carmel, IN 46032- 372218 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84931 1120Department:101Fund:General Fund 43-509.00Account: Cleaning 1st Floor - Admin Building - 3 x per week - Per Month 9 $722.00 $6,498.00Each Cleaning 2nd Floor - Admin Building - 3 x per week - Per Month 9 $1,264.00 $11,376.00Each Cleaning QM, Weight Room, Lobby area between SAFE House and Museum 9 $338.00 $3,042.00Each 20,916.00SubTotal 20,916.00 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. 110888 ORDERED BY TITLE CONTROLLER Carmel Fire Department 210 Veterans Way Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator City of Carmel Project 20-ENG-02 Intersection Improvements: 106th Street and College Avenue Roundabout CHANGE ORDER #6 This This change order will add a pay item for liquidated damages (Item 0177). The previous pay item (0175) created in Change Order #4 was incorrect and this pay item will correct the issue. There is no time extension for this work. Contract Price prior to this Change Order $3,481,544.47 Contract Price will be changed by this Change Order $0.00 New Contract Price including this Change Order $3,481,544.47 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract $3,660,000.00 N/A N/A CO1 $99,360.21 $3,759.360.21 2.71% CO2 $21,026.40 $3,780,396.61 3.29% CO3 $23,849.16 $3,804,245.77 3.94% CO4 $10,222.54 $3,814,458.31 4.22% CO5 ($332,913.84) $3,481,544.47 (4.88%) CO6 $0.00 $3,481,544.47 (4.88%) $4 > 2 = 7 < ? 7 ; : 0 6 ( 4 5 ( & 6 , 1 0  , / 2 4 1 8 ( / ( 0 6 5  $ 6   6 +  ! 6 4 ( ( 6  $ 0 '   1 . . ( * (   8 ( 0 7 (  9 , . .  & 1 0 5 , 5 6  1 )  4 ( 2 . $ & , 0 *  $  5 , * 0 $ . , ; ( '  , 0 6 ( 4 5 ( & 6 , 1 0  9 , 6 +  $  4 1 7 0 ' $ %1 7 6  " + ( 4( & 1 0 5 6 4 7 & 6 , 1 0  1 )  6 + (  , 0 6 ( 4 5 ( & 6 , 1 0  9 , . .  , 0 & . 7 ' (  0 ( 9  ) 7 . .  ' ( 2 6 +  2 $ 8 ( / ( 0 6   & 7 4 %  $ 0 '  * 7 6 6 ( 4   ( 0 & . 1 5 ( '  5 6 1 4 /  9 $ 6 ( 4  0 ( 6 9 1 4 -   . , * + 6 , 0*   $ 0 '  5 + $ 4 ( '  7 5 ( 2$ 6 + 5  9 , 6 +  0 ( 9  & 7 4 %  4 $ / 2 5  $ 0 '  4 $ , 5 ( '  & 4 1 5 5 9 $ . - 5  *= 7 9 4 Ā # ; : ? = 0 2 ? ; =    1 / 2 $ 0 :    0 & 7 0 & , ( #6 0 : 5 4 Ā ) = 3 4 =  -? 0 ? @ > 2 2 4 1 8 ( ' $0 ? 4 Ā # = 4 0 ? 4 3   .D < 4 + $ 0 * ( '   1 0 ' , 6 , 1 0 5 -@ 9 9 0 = D + $ 0 * (   4 ' ( 4    #6 0 : 5 4 Ā ) = 3 4 = Ā $ 4 > 2 = 7 < ? 7 ; : + $ 0 * (  1 4 ' ( 4     , 5  % ( , 0 *  $ ' ' ( '  6 1  6 + (  & 1 0 6 4 $ & 6  6 1  $ ' '  $  & 1 4 4 ( & 6  2 $ :  , 6 ( /  ) 1 4  . , 3 7 , ' $ 6 ( '  ' $ / $ * ( 5  " + (  , 6 ( /  & 4 ( $ 6 ( '  , 0   + $ 0 * (   4 ' (4    9 1 7 . ' 0  6 $. . 1 9  ) 1 4  $  0 ( * $ 6 , 8 (  & + $ 4 * (  "B 0 = 3 4 3 Ā * = ; 8 4 2 ? Ā " 9 ; @ : ?       "@ ? 6 ; = 7 E 4 3 Ā * = ; 8 4 2 ? Ā " 9 ; @ : ?        #6 0 : 5 4 Ā ) = 3 4 = Ā " 9 ; @ : ?   ,4 A 7 > 4 3 Ā * = ; 8 4 2 ? Ā " 9 ; @ : ?        / ( 4 , & $ 0  ! 6 4 7 & 6 7 4 ( 2 1 , 0 6    0 &  + $ 0 * (   4 ' ( 4   ( 6 $ , . 5          6 +  $ 0 '   1 . . ( * (    *7 2 : 6 4 Ā / < 3 4 < Ā + 4 > 2 8 9 = ' #! Ȁ , . - Ȁ ! # Ā Ȁ Ā " ! & > 7 Ā 2 : 3 Ā * ; 9 9 4 6 4 Ā 1 ( ) !# " $ # ! # % 02 6 4 Ā " Ā ; 5 Ā # (4 B Ā & ? 4 9 > '7 : 4 Ā ( @ 9 1 4 = &? 4 9 Ā & $ / : 7 ? + @ 0 : ? 7 ? D / : 7 ? Ā * = 7 2 4 %C ? 4 : > 7 ; : -4 2 ? 7 ; : ! Ā Ā Ȁ Ā $ 4 > 2 = 7 < ? 7 ; :                 #    "          !  , 6 ( / "1 6 $ .     *7 2 : 6 4 Ā / < 3 4 < Ā + 4 > 2 8 9 = ' #! Ȁ , . - Ȁ ! # Ā Ȁ Ā " ! & > 7 Ā 2 : 3 Ā * ; 9 9 4 6 4 Ā 1 ( ) !# " $ # ! # % 02 6 4 Ā # Ā ; 5 Ā # City of Carmel Project 20-ENG-02 Intersection Improvements: 106th Street and College Avenue Roundabout CHANGE ORDER #7 This change order will balance the final pay items for liquidated damages. The final contract cost for 20- ENG-02 is $3,465,043.47. Contract Price prior to this Change Order $3,481,544.47 Contract Price will be changed by this Change Order ($16,501.00) New Contract Price including this Change Order $3,465,043.47 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract $3,660,000.00 N/A N/A CO1 $99,360.21 $3,759.360.21 2.71% CO2 $21,026.40 $3,780,396.61 3.29% CO3 $23,849.16 $3,804,245.77 3.94% CO4 $10,222.54 $3,814,458.31 4.22% CO5 ($332,913.84) $3,481,544.47 (4.88%) CO6 $0.00 $3,481,544.47 (4.88%) CO7 ($16,501.00) $3,465,043.47 (5.33%) %3 = 1 < 6 ; > 6 : 9 0 5 ( 3 4 ( & 5 , 1 0  , / 2 3 1 7 ( / ( 0 5 4  $ 5    5 +  ! 5 3 ( ( 5  $ 0 '   1 . . ( * (   7 ( 0 6 (  8 , . .  & 1 0 4 , 4 5  1 )  3 ( 2 . $ & , 0 *  $  4 , * 0 $ . , : ( '  , 0 5 ( 3 4 ( & 5 , 1 0  8 , 5 +  $  3 1 6 0 ' $ %1 6 5  " + ( 3( & 1 0 4 5 3 6 & 5 , 1 0  1 )  5 + (  , 0 5 ( 3 4 ( & 5 , 1 0  8 , . .  , 0 & . 6 ' (  0 ( 8  ) 6 . .  ' ( 2 5 +  2 $ 7 ( / ( 0 5   & 6 3 %  $ 0 '  * 6 5 5 ( 3   ( 0 & . 1 4 ( '  4 5 1 3 /  8 $ 5 ( 3  0 ( 5 8 1 3 -   . , * + 5 , 0*   $ 0 '  4 + $ 3 ( '  6 4 ( 2$ 5 + 4  8 , 5 +  0 ( 8  & 6 3 %  3 $ / 2 4  $ 0 '  3 $ , 4 ( '  & 3 1 4 4 8 $ . - 4  *< 6 8 3 Ā $ : 9 > < / 1 > : <    1 / 2 $ 0 9    0 & 6 0 & , ( $5 / 9 4 3 Ā ) < 2 3 <  -> / > ? = 2 2 3 1 7 ( ' %/ > 3 Ā $ < 3 / > 3 2      -? 8 8 / < B $ . $ 0 & , 0 *   + $ 0 * (   3 ' ( 3  ) 1 3   , 0 $ .   $ 9 / ( 0 5 $5 / 9 4 3 Ā ) < 2 3 < Ā % 3 = 1 < 6 ; > 6 : 9 $ . $ 0 & , 0 *   + $ 0 * (   3 ' ( 3  ) 1 3   , 0 $ .   $ 9 / ( 0 5 #A / < 2 3 2 Ā * < : 7 3 1 > Ā # 8 : ? 9 >           #? > 5 : < 6 C 3 2 Ā * < : 7 3 1 > Ā # 8 : ? 9 >        $5 / 9 4 3 Ā ) < 2 3 < Ā # 8 : ? 9 >         ,3 @ 6 = 3 2 Ā * < : 7 3 1 > Ā # 8 : ? 9 >       / ( 3 , & $ 0  ! 5 3 6 & 5 6 3 ( 2 1 , 0 5    0 &  + $ 0 * (   3 ' ( 3   ( 5 $ , . 4             5 +  $ 0 '   1 . . ( * (    *7 2 : 6 4 Ā / < 3 4 < Ā + 4 > 2 8 9 = ' #! Ȁ , . - Ȁ ! # Ā Ȁ Ā " ! & > 7 Ā 2 : 3 Ā * ; 9 9 4 6 4 Ā 1 ( ) !# " $ # ! # % 02 6 4 Ā " Ā ; 5 Ā # &9 1 < 3 / = 3 = % 3 1 < 3 / = 3 = '6 9 3 Ā ( ? 8 0 3 < & > 3 8 Ā & % . 9 6 > . 9 6 > Ā * < 6 1 3 $? < < 3 9 > $5 / 9 4 3 , 3 @ 6 = 3 2 +? / 9 > 6 > B # 8 : ? 9 > + ? / 9 > 6 > B # 8 : ? 9 > + ? / 9 > 6 > B # 8 : ? 9 > -3 1 > 6 : 9 " Ā ! Ā Ȁ Ā % 3 = 1 < 6 ; > 6 : 9                                               #    "          ! ,3 / = : 9 " $ . $ 0 & , 0 *   + $ 0 * (   3 ' ( 3                                                                 #    "          ! ,3 / = : 9 " $ . $ 0 & , 0 *   + $ 0 * (   3 ' ( 3  , 5 ( / 4 "1 5 $ . 4                     *7 2 : 6 4 Ā / < 3 4 < Ā + 4 > 2 8 9 = ' #! Ȁ , . - Ȁ ! # Ā Ȁ Ā " ! & > 7 Ā 2 : 3 Ā * ; 9 9 4 6 4 Ā 1 ( ) !# " $ # ! # % 02 6 4 Ā # Ā ; 5 Ā # CzTfshfzHsfdivlijobu2;67qn-Gfc39-3135 Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 3.3 Final Payment. Final payment, constituting the entire unpaid balance of the Contract Price, including any retainage, shall be paid by City to Contractor within ninety-one (91) days after it has become due and payable. Final payment to Contractor shall not become dueand payable until and unless all Goods and Services are delivered, and all Work for the Project is otherwise fully completed and performed in accordance with the Contract Documents and is satisfactory to and approved by City. 3.4 Effect of Final Payment. The making of final payment shall constitute a waiver of Claims by City except those arising from: a. Liens, claims, security interests or encumbrances arising out of the Contract and unsettled; b. Failure of the Work to comply with the requirements of the Contract Documents; c. Terms of special warranties required by the Contract Documents; d. Claims previously made in writing and remaining unsettled as of the date of final payment; e. Claims by City attributable to defective work or prior corrective work, appearing after final inspection; f. Failure of the Work to comply with the requirements of the Contract Documents; g. City claims and other rights arising under the terms of any general or special warranties, guarantees or maintenance bonds specified by the Contract Documents or arising thereunder; and h. City claims and other rights with respect to Contractor’s and Surety’s continuing obligations under the Contract and the Contract Document. 3.5 Acceptance by Contractor of any sum tendered by City as final payment shall constitute a waiver of all claims by Contractor with respect to this Agreement, except those claims authorized by this Agreement, previously made in writing and submitted in a timely manner, and specifically identified and reserved by Contractor as unresolved in the application for final payment. 4. CONTRACT DOCUMENTS: 4.1 Scope of Work. Contractor agrees to provide all labor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required for the Project as set forth in the attached Exhibit “A” and any references, addenda and/or attachments thereto, Project Manual (if applicable), City of Carmel General Conditions, City of Carmel Supplementary Conditions, and all applicable Drawings and Specifications (collectively Contract Documents”), all of such Contract Documents are fully incorporated herein. Contractor acknowledges that all referenced Contract Documents are a part of this Agreement. 4.2 Contractor Site and Document Review. Contractor acknowledges that it has had an adequate opportunity to examine sufficiently to its satisfaction the site of the Work and to review and/or obtain copies of the Contract Documents and to become fully familiar with them, and that it shall not be excused from any conditions existing and detectable at the site or any provisions set forth in the Contract Documents due to any lack of knowledge or understanding of the existence or contents thereof at the time of executing this Agreement. Contractor acknowledges the Contract Documents to be suitable for Contractor’s Work and sufficient for their intended purpose, and agrees to perform the Work and to complete the same for the Contract Price and within the Project timeline, in full and strict accordance with the Contract Documents and to City’s satisfaction, and that it will perform the Work soas not to violate any term, covenant or condition of the Contract Documents or applicable codes and laws. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 4.3 All Drawings, Specifications and other items defined herein as Contract Documents that have been prepared for the Project and furnished to Contractor by or on behalf of City or other third party are without any representation or warranty by the City as to the acceptability, accuracy or suitability thereof for the Work. City makes no representation or warranty to Contractor concerning the acceptability, accuracy or completeness of the Contract Documents or other information and data prepared by persons other than City, and accordingly, City shall have no liability to Contractor with respect to any patent or latent defects, deficiencies, errors and omissions therein. 4.4 Contractor represents that it has reviewed the Contract Documents, visited the site and provided City with written notice of any concerns or necessary clarifications resulting from these reviews and investigations prior to submitting its proposal or bid to City and executing this Agreement. Contractor waives the right to request and increase in the Contract Price or extension of the Project completion deadline as a result of its failure to raise such concerns or clarifications with City. 4.5 Intent of the Contract Documents. The Contract Documents shall be deemed to include and require all items and aspects of labor, material, equipment, services and transportation incidental to or necessary for the proper and efficient execution and completion of the Work as it relates to the Project. The Contract Documents are complementary, and what is required by any one document shall be as binding as if required by all. Work not specifically covered in the Contract Documents or which is subject to question and interpretation because of conflicts, duplications or ambiguities may, at City's option, be required of Contractor ifit is consistent therewith and is reasonably inferable therefrom as being necessary to produce the results intended by this Agreement. As such, any part of the Work shown on Drawings but not specifically mentioned in the Specifications or vice versa shall be considered as part of the Work, the same as though included in both. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other contractors or subcontractors. If Contractor shall make changes in design, including dimensional changes, either through shop drawings or actual field work, it shall accept the responsibility for the structural and functional adequacy of such changes and their acceptance by City or Project’s architect. Any structural or functional inadequacies which may develop because of such changes shall be remedied by Contractor unless such change is specifically included in a change order. 4.7 Taxes. As a public, municipal entity, the City of Carmel, and its various departments, are exempt from sales and compensating use taxes on all tangible personal property (materials, equipment and components) pursuant to the law of the State of Indiana. Contractor shall not include any charges representing such taxes on any invoices hereunder. Contractor shall be responsible for all franchise fees and taxes of any kind whatsoever. 5. WARRANTY: 5.1 In addition to all warranties required by Contract Documents, Contractor expressly warrants that the Goods and Services/the Work covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Contractor by City and/or by Contractor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services/the Work will be delivered and/or performed in a timely, good and workmanlike manner and free from defect. Contractor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Contractor based upon City’s stated use and are fit and sufficient Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 for their particular purpose. 5.2 Further, Contractor warrants to City that materials and equipment furnished under the Contract Documents will be of the best quality and new unless the Contract Documents require or permit otherwise. The performance of the Work shall not limit, void or otherwise compromise or diminish any equipment or manufacturer warranty that is to be issued under the Contract Documents. Goods, Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 5.3 Contractor shall, at its sole expense, promptly and properly repair, replace or otherwise correct any Work that is (i) rejected by City or Architect, or (ii) known, observed or discovered at any time by Contractor, City or Architect to be defective or failing to conform to the Contract Documents and shall pay City for all expenses incurred in any delay caused by remedying defective or otherwise nonconforming Work. 5.4 If within two (2) years after final completion of the Project, or such longer period as established with respect to Contractor’s obligations under the Contract Documents, the Work or any portion thereof is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from City to do so. Contractor’s obligations under this Section shall survive completion and acceptance of the Work and Project and termination of the Agreement. 5.5 Any and all warranties which are available on any material or equipment or other service which is part of the Work will be provided to City at no additional cost. Upon completion of the Work, Contractor shall assign to City all warranties obtained or obtainable by Contractor from manufacturers and suppliers of equipment and materials incorporated into the Work by written instrument of assignment in a form acceptable to City. Contractor shall furnish City with copies of all warranties, guarantees, operating manuals relative to equipment installed, and a complete set of reproducible drawings with all field changes noted on them relating to the improvements constructed under the Contract. The assignment of such manufacturer and supplier warranties shall not relieve Contractor of any of its own warranty obligations under this Article, which shall remain in full force and effect. 5.6 Notwithstanding anything to the contrary contained in Contract Documents with respect to warranties, it is understood and agreed that the foregoing warranties and guarantees shall not affect, limit or impair City's right against Contractor with regard to latent defects in the Work which do not appear within the applicable warranty period following acceptance of the Work and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by City within such warranty period. Contractor shall be and remain liable and responsible to correct and cure any such latent defects which are reported to Contractor by City in writing within ninety (90) days after such latent defect first appears or could, by the exercise of reasonable care anddue diligence, be ascertained or discovered by City. City’s warranty rights and remedies with respect to latent defects shall remain in full force and effect and for the same duration as with any other warranty provided in this Article or otherwise available or prescribed by law. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as of the last date on which a party hereto executes same Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise City on a regular basis of the status of Contractor’s progress with respect to such schedule at any time City’s representative requests Contractor to do so, including the furnishing of information on the status of shop drawings, samples, submittals and materials, machinery or equipment which may be in the course of preparation of manufacture. 6.3 If, in the opinion of City, Contractor is behind schedule in the performance of the Work or is failing, without cause, to maintain progress of the Work or to conform to the general progress of all work for the Project, Contractor agrees that it shall, at its own expense, perform such overtime work, use extra labor, and undertake all other means necessary to bring the Work back on schedule. 6.4 If there are any conflicting times or durations for action, submissions, notices or responses thereto by Contractor between or among the Contract Documents, the controlling time or duration for such action, submissions, notices or responses thereto by Contractor shall be the earlier of such times and shorter of such durations, unless City expressly agrees in writing otherwise. 7. MEANS AND METHODS: Contractor is responsible for the means, methods, techniques, sequences or procedures, and safety precautions and programs in connection with provision of Goods and Services and related work under the Contract Documents. At all times during performance of the Work, Contractor shall maintain and designate to City adequate, experienced and cooperative supervisory personnel, including a full-time on-site project manager or superintendent if required by Contract Document or federal, state or local laws, rules and regulations. City shall not have control over or charge of, and shall not be responsible for, means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the performance of the Work by Contractor and shall not be responsible for any omission or failure on the part of the Contractor to properly perform its obligations. Contractor shall be responsible to City for Contractor’s negligent acts or omissions or failure to perform. 8. DISCLOSURE AND WARNINGS: If requested by City, Contractor 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, Contractor 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. 9. PROTECTION OF WORK: Contractor shall at its own expense take all necessary precautions to protect the work of other trades from any damage caused by Contractor’s operations, and watch over, care for and protect from damage or injury by any cause whatsoever, all of Contractor’s Work, complete or otherwise, and all of its materials, supplies, tools, machinery and equipment at or near the Project. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 10. SUBCONTRACTS: By appropriate agreement, written where legally required for validity, Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities, including the responsibility for safety of Contractor’s Work, which Contractor, by these Contract Documents, assumes toward City. Each subcontract agreement shall preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by subcontractor so that contracting thereof will not prejudice such rights, and shall allow to subcontractor, unless specifically provided otherwise in the contract agreement, the benefit of all rights, remedies and redress against Contractor that Contractor, by the Contract Documents, has against City. Where appropriate, Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. 11. LIENS: Contractor 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 Contractor 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 Contractor’s solecost and expense. 12. DEFAULT: In the event Contractor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Contractor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress soas 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 Contractor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor 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 Contractor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, butnot limited to, personal injury, sickness, disease or death of or to any of Contractor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, butnot limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Contractor 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. Contractor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses including, butnot limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Contractor’s provision of Goods and Services pursuant to or under this Agreement or Contractor’s use of City property. 13.2 Notwithstanding any other provision of this Agreement to the contrary, should any policy required by the Contract Documents be canceled or otherwise terminated before the completion of the Work hereunder, Contractor shall exert all reasonable efforts to procure and maintain in force similar insurance from insurers satisfactory to City and provide certificates of such insurance to City upon its written request. Should Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 Contractor fail or neglect to provide the required insurance, or allow any required coverage to lapse, City shall have the right, butnotthe duty, to provide such insurance and deduct the cost thereof from any money due to Contractor any and all premiums paid by City for and on account of said insurance. The policy or policies, and each certificate of insurance, shall further provide that the insurance will not be cancelled by the Insurer or the limits of liability reduced by endorsement prior to at least thirty (30) days after written notice by certified mail of such cancellation or change has been provided by the respective insurer to City. No less than fourteen (14) days prior to the expiration, cancellation or termination of any such policy, Contractor shall supply City with a new and replacement Certificate of Insurance and Additional Insured endorsement as proof of renewal of the original policy and coverage, with such new or replacement policy and endorsements in the same manner and for the same coverage and amounts in favor of City as set forth in this Paragraph. 13.3 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend City and all of its officers, directors and employees, from and against all claims, suits, demands, causes of action, damages, losses, costs and expenses, including reasonable attorney's and Contractor’s fees and expenses, but only to the extent caused by Contractor’s negligent performance of the Work under this Agreement, or occasioned by any breach or nonperformance of its terms, provided that any such claim, suit, demand, cause of action, damage, loss, cost, fees or expense: (a) is attributable to bodily injury, sickness, disease or death, or patent infringement, or injury to or destruction of tangible or real property, including the loss of use thereof and consequential damages resulting therefrom, or is attributable to damages from economic harm or loss; and (b) is caused in whole or in part by any negligent act or omission, wrongful act, or other breach of duty of Contractor or anyone directly or indirectly employed by it or anyone for whose acts it may be liable, regardless of whether such claim, suit, damage, loss, cost or expense is caused in part by any joint, several or comparative, but not sole, negligent act or omission, of City. 13.4 The foregoing obligations of Contractor shall not be affected or limited in any way by any insurance required of or provided to Contractor under the Agreement. The indemnification and hold harmless obligations as provided herein shall not negate, abridge or otherwise reduce any other right and remedy of City or obligation of indemnity by Contractor which would otherwise exist in favor of City under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Contractor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Contractor 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. 15. NONDISCRIMINATION: Contractor 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. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 16. 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”), Contractor 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, Contractor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Contractor 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 Contractor 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. 17. OWNERSHIP AND USE OF DOCUMENTS: The Reports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications and other documents prepared or employed by Contractor during the course of furnishing the Work to City under this Agreement shall be and become the property of the City, whether the Project is completed or not; accordingly, such materials may be used by the City for information and reference and in connection with City’s involvement on the Project. Such items and documents may also be used by City for completion of the Project or work with respect thereto by others if Contractor is in default under this Agreement, in which case Contractor shall provide City with reproducible copies of such reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents for such use but shall not be obligated to sign, certify or seal such copies. Contractor may utilize the name, images or descriptions of the Project in its promotional and marketing materials, except that it shall not utilize, publish or advertise any unique or distinctive components of the design, drawings or specifications for the Project in such promotional and marketing materials without first obtaining the written consent of City. Contractor will have no liability to City arising from City’s use or alteration of the above-referenced documents on any unrelated project. 18. 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. 19. NON-ASSIGNMENT: Contractor 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. 20. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Contractor 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 Contractor under or pursuant to this Agreement. 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. City and Contractor are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times soas to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, City and Contractor each commit to Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. City and Contractor shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement within the period specified by applicable law, but if not otherwise specified by applicable law, within not more than ten (10) years after the date of Substantial Completion of the Work. All Contract Documents are to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. 21.2 Litigation. Claims, disputes and other matters in controversy arising out of or related to this Agreement, not otherwise resolved in accordance with the provisions above, 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, and any hearing, trial or conference shall take place in that locale, unless agreed to otherwise in writing by City and Contractor. City and Contractor consent to the choice of law, the choice of dispute resolution designated by them, venue as provided herein, and to personal jurisdiction over each of them as provided herein and waive any right to object to the exercise of personal jurisdiction by the court and to exclusive venue in this locale. Any award, judgment or agreement in settlement of a dispute concerning such matters and resulting from negotiations or litigation in which City and Contractor are parties or participants shall be as binding upon surety as though surety were named and joined in such proceeding, provided that Contractor has been given a reasonable opportunity to join, participate, assist or provide supporting evidence in the presentation of any claim, defense or other issue in controversy that is settled or resolved thereby. 21.3 Continuation of Work. Provided City continues to make payments of amounts not in dispute, no dispute under this Paragraph shall interfere with the progress of the Work, and Contractor shall proceed with furnishing the Work, including disputed performance, despite the existence of, and without awaiting the resolution of, any such dispute. The failure or refusal of Contractor to continue performing under such circumstances shall constitute a default under this Agreement. 21.4 Claims Against Third Parties. In any instance or proceeding whereby any claim, dispute or other matter in controversy between City and Contractor involves, arises from or gives rise to a similar claim, dispute or other matter in controversy as between City and another third-party, Contractor shall furnish and present to City non-privileged evidence, documentation and other information to support its claim, defense or other position with respect thereto. 21.5 Waiver of Consequential Damages. Contractor waives any claims against City for consequential damages arising out of or relating to this Agreement. This waiver includes damages incurred by Contractor for principal office expenses, including the compensation of personnel stationed there and other components of home office overhead, for losses of financing, business and reputation, for loss of management or employee productivity or of the services of such persons and for loss of profit except anticipated profit arising directly from the Work being performed hereunder. This waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with this Agreement. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 22. 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. 23. NOTICE: Any notice provided for in this Agreement will be sufficient ifit is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Contractor: Globe Asphalt Paving Co., Inc. PO Box 19168 Indianapolis, Indiana 46219 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. 24. TERMINATION: 24.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Contractor, immediately terminate this Agreement for cause, in the event of a default hereunder by Contractor 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, Contractor 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 Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 24.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Contractor. In the event of such termination, Contractor 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 Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: 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. 26. FINAL COMPLETION AND CLOSEOUT: In addition to any requirements for final completion and closeout listed in General and Supplementary Conditions, as a condition of final payment and Contract closeout, Contractor certifies or shall submit to City the following: Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 a. Contractor certifies that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which City or City’s property might be responsible or encumbered, less amounts withheld by the City) have been paid or otherwise satisfied; b. Any applicable Contractor guarantees and warranties; c. A certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect; d. Consent of surety, if any, to final payment; e. As-constructed record copy of the Contract Documents marked to indicate field changes and selections made during construction; f. If applicable, all manufacturer’s warranties, product data, testing and/or inspection results or reports, and maintenance and operations manuals; g. If required by City, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by City; h. Any other submittals required by the Contract Documents; and i. Satisfactory evidence that any claims or liens filed have been discharged or satisfied. If an architect, a consultant, or a subcontractor, or other person or entity providing services or work for the Contractor, refuses to furnish a release or waiver required by City, the Contractor may furnish a bond satisfactory to the City to indemnify City against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Contractor shall refund to City all money that City may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorney’s fees. 27. TERM: Unless otherwise terminated in accordance with the termination provisions under Contract Documents hereinabove, this Agreement shall be in effect from the Effective Date through satisfactory completion of the Work and delivery of all Goods and Services according to the established schedule. 28. 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. 29. 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. 30. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than City and Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor 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 Contractor. Globe Asphalt Paving Co., Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #110931 Contract Not To Exceed $946,310.92 31.2 The Contractor 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 Contractor 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. 32. PRIOR WORK: In the event that Contractor has delivered any Goods and Services and/or performed any of the Work under this Agreement prior to the date of this Agreement, pursuant to an authorization to proceed or verbal directive issued by City to Contractor or a letter of intent or verbal understanding entered into by and between City and Contractor, this Agreement and all of the terms and conditions thereof, including the payment obligations of City for such prior deliveries and/or performance, shall govern such prior deliveries and/or performance to the same extent as though they were performed or delivered after the date hereof, and any amounts that were earned by Contractor and paid by City to Contractor, or earned by Contractor and still to be paid by City to Contractor, for such other previously delivered Goods and Services or performed Work, shall be applied as a credit against Contractor’s overall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: In the event City employs attorneys or incurs other expenses it may deem necessary to protect or enforce its rights under the Agreement where Contractor is in default or breach of the Agreement, or City otherwise is required to undertake performance of Contractor’s obligations hereunder because of Contractor’s failure or refusal to perform, Contractor agrees to pay the attorney fees, costs and expenses so incurred by City. Furthermore, wherever in the Agreement Contractor agrees to pay expenses incurred by City such expenses shall include, but are not limited to, attorney fees incurred by City. 34. DRUG FREE WORK SITE: Contractor and its employees shall comply with all provisions of the Drug Free Workplace Act of 1988 as amended. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace is prohibited. Contractor is responsible for the development implementation, administration and enforcement of a formal substance abuse policy (“Substance Abuse Policy”) which, as, a minimum, meets the standards set forth by the City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: To the extent that this Project and Agreement is subject to the requirements of Indiana Code § 5-16-13 et seq., which are incorporated by reference as if fully restated herein, Contractor shall comply with all applicable requirements set forth therein. 36. ACCESS TO PUBLIC RECORDS ACT: Contractor 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 the Contract, whether the same is in the possession or control of Contractor or 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. 37. COMPETING LAWS: As between inconsistent provisions among Federal, State and local laws, Contractor should generally comply with the more stringent requirement, unless a Federal law, rule or regulation requires that the affected Federal provision be observed, notwithstanding the existence of a more stringent applicable State or local requirement. EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000, 000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. CzBmmjtpoMzodi.NdHsbuibu21;65bn-Gfc37-3135 CzBmmjtpoMzodi.NdHsbuibu21;68bn-Gfc33-3135 CzBmmjtpoMzodi.NdHsbuibu2;66qn-Gfc31-3135 RESOLUTION NO. BPW 03-06-24-04 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: CzTfshfzHsfdivlijobu21;58bn-Gfc34-3135 Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 3.3 Final Payment. Final payment, constituting the entire unpaid balance of the Contract Price, including any retainage, shall be paid by City to Contractor within ninety-one (91) days after it has become due and payable. Final payment to Contractor shall not become dueand payable until and unless all Goods and Services are delivered, and all Work for the Project is otherwise fully completed and performed in accordance with the Contract Documents and is satisfactory to and approved by City. 3.4 Effect of Final Payment. The making of final payment shall constitute a waiver of Claims by City except those arising from: a. Liens, claims, security interests or encumbrances arising out of the Contract and unsettled; b. Failure of the Work to comply with the requirements of the Contract Documents; c. Terms of special warranties required by the Contract Documents; d. Claims previously made in writing and remaining unsettled as of the date of final payment; e. Claims by City attributable to defective work or prior corrective work, appearing after final inspection; f. Failure of the Work to comply with the requirements of the Contract Documents; g. City claims and other rights arising under the terms of any general or special warranties, guarantees or maintenance bonds specified by the Contract Documents or arising thereunder; and h. City claims and other rights with respect to Contractor’s and Surety’s continuing obligations under the Contract and the Contract Document. 3.5 Acceptance by Contractor of any sum tendered by City as final payment shall constitute a waiver of all claims by Contractor with respect to this Agreement, except those claims authorized by this Agreement, previously made in writing and submitted in a timely manner, and specifically identified and reserved by Contractor as unresolved in the application for final payment. 4. CONTRACT DOCUMENTS: 4.1 Scope of Work. Contractor agrees to provide all labor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required for the Project as set forth in the attached Exhibit “A” and any references, addenda and/or attachments thereto, Project Manual (if applicable), City of Carmel General Conditions, City of Carmel Supplementary Conditions, and all applicable Drawings and Specifications (collectively Contract Documents”), all of such Contract Documents are fully incorporated herein. Contractor acknowledges that all referenced Contract Documents are a part of this Agreement. 4.2 Contractor Site and Document Review. Contractor acknowledges that it has had an adequate opportunity to examine sufficiently to its satisfaction the site of the Work and to review and/or obtain copies of the Contract Documents and to become fully familiar with them, and that it shall not be excused from any conditions existing and detectable at the site or any provisions set forth in the Contract Documents due to any lack of knowledge or understanding of the existence or contents thereof at the time of executing this Agreement. Contractor acknowledges the Contract Documents to be suitable for Contractor’s Work and sufficient for their intended purpose, and agrees to perform the Work and to complete the same for the Contract Price and within the Project timeline, in full and strict accordance with the Contract Documents and to City’s satisfaction, and that it will perform the Work soas not to violate any term, covenant or condition of the Contract Documents or applicable codes and laws. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 4.3 All Drawings, Specifications and other items defined herein as Contract Documents that have been prepared for the Project and furnished to Contractor by or on behalf of City or other third party are without any representation or warranty by the City as to the acceptability, accuracy or suitability thereof for the Work. City makes no representation or warranty to Contractor concerning the acceptability, accuracy or completeness of the Contract Documents or other information and data prepared by persons other than City, and accordingly, City shall have no liability to Contractor with respect to any patent or latent defects, deficiencies, errors and omissions therein. 4.4 Contractor represents that it has reviewed the Contract Documents, visited the site and provided City with written notice of any concerns or necessary clarifications resulting from these reviews and investigations prior to submitting its proposal or bid to City and executing this Agreement. Contractor waives the right to request and increase in the Contract Price or extension of the Project completion deadline as a result of its failure to raise such concerns or clarifications with City. 4.5 Intent of the Contract Documents. The Contract Documents shall be deemed to include and require all items and aspects of labor, material, equipment, services and transportation incidental to or necessary for the proper and efficient execution and completion of the Work as it relates to the Project. The Contract Documents are complementary, and what is required by any one document shall be as binding as if required by all. Work not specifically covered in the Contract Documents or which is subject to question and interpretation because of conflicts, duplications or ambiguities may, at City's option, be required of Contractor ifit is consistent therewith and is reasonably inferable therefrom as being necessary to produce the results intended by this Agreement. As such, any part of the Work shown on Drawings but not specifically mentioned in the Specifications or vice versa shall be considered as part of the Work, the same as though included in both. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other contractors or subcontractors. If Contractor shall make changes in design, including dimensional changes, either through shop drawings or actual field work, it shall accept the responsibility for the structural and functional adequacy of such changes and their acceptance by City or Project’s architect. Any structural or functional inadequacies which may develop because of such changes shall be remedied by Contractor unless such change is specifically included in a change order. 4.7 Taxes. As a public, municipal entity, the City of Carmel, and its various departments, are exempt from sales and compensating use taxes on all tangible personal property (materials, equipment and components) pursuant to the law of the State of Indiana. Contractor shall not include any charges representing such taxes on any invoices hereunder. Contractor shall be responsible for all franchise fees and taxes of any kind whatsoever. 5. WARRANTY: 5.1 In addition to all warranties required by Contract Documents, Contractor expressly warrants that the Goods and Services/the Work covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Contractor by City and/or by Contractor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services/the Work will be delivered and/or performed in a timely, good and workmanlike manner and free from defect. Contractor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Contractor based upon City’s stated use and are fit and sufficient Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 for their particular purpose. 5.2 Further, Contractor warrants to City that materials and equipment furnished under the Contract Documents will be of the best quality and new unless the Contract Documents require or permit otherwise. The performance of the Work shall not limit, void or otherwise compromise or diminish any equipment or manufacturer warranty that is to be issued under the Contract Documents. Goods, Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 5.3 Contractor shall, at its sole expense, promptly and properly repair, replace or otherwise correct any Work that is (i) rejected by City or Architect, or (ii) known, observed or discovered at any time by Contractor, City or Architect to be defective or failing to conform to the Contract Documents and shall pay City for all expenses incurred in any delay caused by remedying defective or otherwise nonconforming Work. 5.4 If within two (2) years after final completion of the Project, or such longer period as established with respect to Contractor’s obligations under the Contract Documents, the Work or any portion thereof is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from City to do so. Contractor’s obligations under this Section shall survive completion and acceptance of the Work and Project and termination of the Agreement. 5.5 Any and all warranties which are available on any material or equipment or other service which is part of the Work will be provided to City at no additional cost. Upon completion of the Work, Contractor shall assign to City all warranties obtained or obtainable by Contractor from manufacturers and suppliers of equipment and materials incorporated into the Work by written instrument of assignment in a form acceptable to City. Contractor shall furnish City with copies of all warranties, guarantees, operating manuals relative to equipment installed, and a complete set of reproducible drawings with all field changes noted on them relating to the improvements constructed under the Contract. The assignment of such manufacturer and supplier warranties shall not relieve Contractor of any of its own warranty obligations under this Article, which shall remain in full force and effect. 5.6 Notwithstanding anything to the contrary contained in Contract Documents with respect to warranties, it is understood and agreed that the foregoing warranties and guarantees shall not affect, limit or impair City's right against Contractor with regard to latent defects in the Work which do not appear within the applicable warranty period following acceptance of the Work and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by City within such warranty period. Contractor shall be and remain liable and responsible to correct and cure any such latent defects which are reported to Contractor by City in writing within ninety (90) days after such latent defect first appears or could, by the exercise of reasonable care anddue diligence, be ascertained or discovered by City. City’s warranty rights and remedies with respect to latent defects shall remain in full force and effect and for the same duration as with any other warranty provided in this Article or otherwise available or prescribed by law. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as of the last date on which a party hereto executes same Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise City on a regular basis of the status of Contractor’s progress with respect to such schedule at any time City’s representative requests Contractor to do so, including the furnishing of information on the status of shop drawings, samples, submittals and materials, machinery or equipment which may be in the course of preparation of manufacture. 6.3 If, in the opinion of City, Contractor is behind schedule in the performance of the Work or is failing, without cause, to maintain progress of the Work or to conform to the general progress of all work for the Project, Contractor agrees that it shall, at its own expense, perform such overtime work, use extra labor, and undertake all other means necessary to bring the Work back on schedule. 6.4 If there are any conflicting times or durations for action, submissions, notices or responses thereto by Contractor between or among the Contract Documents, the controlling time or duration for such action, submissions, notices or responses thereto by Contractor shall be the earlier of such times and shorter of such durations, unless City expressly agrees in writing otherwise. 7. MEANS AND METHODS: Contractor is responsible for the means, methods, techniques, sequences or procedures, and safety precautions and programs in connection with provision of Goods and Services and related work under the Contract Documents. At all times during performance of the Work, Contractor shall maintain and designate to City adequate, experienced and cooperative supervisory personnel, including a full-time on-site project manager or superintendent if required by Contract Document or federal, state or local laws, rules and regulations. City shall not have control over or charge of, and shall not be responsible for, means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the performance of the Work by Contractor and shall not be responsible for any omission or failure on the part of the Contractor to properly perform its obligations. Contractor shall be responsible to City for Contractor’s negligent acts or omissions or failure to perform. 8. DISCLOSURE AND WARNINGS: If requested by City, Contractor 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, Contractor 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. 9. PROTECTION OF WORK: Contractor shall at its own expense take all necessary precautions to protect the work of other trades from any damage caused by Contractor’s operations, and watch over, care for and protect from damage or injury by any cause whatsoever, all of Contractor’s Work, complete or otherwise, and all of its materials, supplies, tools, machinery and equipment at or near the Project. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 10. SUBCONTRACTS: By appropriate agreement, written where legally required for validity, Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities, including the responsibility for safety of Contractor’s Work, which Contractor, by these Contract Documents, assumes toward City. Each subcontract agreement shall preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by subcontractor so that contracting thereof will not prejudice such rights, and shall allow to subcontractor, unless specifically provided otherwise in the contract agreement, the benefit of all rights, remedies and redress against Contractor that Contractor, by the Contract Documents, has against City. Where appropriate, Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. 11. LIENS: Contractor 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 Contractor 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 Contractor’s solecost and expense. 12. DEFAULT: In the event Contractor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Contractor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress soas 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 Contractor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor 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 Contractor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, butnot limited to, personal injury, sickness, disease or death of or to any of Contractor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, butnot limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Contractor 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. Contractor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses including, butnot limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Contractor’s provision of Goods and Services pursuant to or under this Agreement or Contractor’s use of City property. 13.2 Notwithstanding any other provision of this Agreement to the contrary, should any policy required by the Contract Documents be canceled or otherwise terminated before the completion of the Work hereunder, Contractor shall exert all reasonable efforts to procure and maintain in force similar insurance from insurers satisfactory to City and provide certificates of such insurance to City upon its written request. Should Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 Contractor fail or neglect to provide the required insurance, or allow any required coverage to lapse, City shall have the right, butnotthe duty, to provide such insurance and deduct the cost thereof from any money due to Contractor any and all premiums paid by City for and on account of said insurance. The policy or policies, and each certificate of insurance, shall further provide that the insurance will not be cancelled by the Insurer or the limits of liability reduced by endorsement prior to at least thirty (30) days after written notice by certified mail of such cancellation or change has been provided by the respective insurer to City. No less than fourteen (14) days prior to the expiration, cancellation or termination of any such policy, Contractor shall supply City with a new and replacement Certificate of Insurance and Additional Insured endorsement as proof of renewal of the original policy and coverage, with such new or replacement policy and endorsements in the same manner and for the same coverage and amounts in favor of City as set forth in this Paragraph. 13.3 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend City and all of its officers, directors and employees, from and against all claims, suits, demands, causes of action, damages, losses, costs and expenses, including reasonable attorney's and Contractor’s fees and expenses, but only to the extent caused by Contractor’s negligent performance of the Work under this Agreement, or occasioned by any breach or nonperformance of its terms, provided that any such claim, suit, demand, cause of action, damage, loss, cost, fees or expense: (a) is attributable to bodily injury, sickness, disease or death, or patent infringement, or injury to or destruction of tangible or real property, including the loss of use thereof and consequential damages resulting therefrom, or is attributable to damages from economic harm or loss; and (b) is caused in whole or in part by any negligent act or omission, wrongful act, or other breach of duty of Contractor or anyone directly or indirectly employed by it or anyone for whose acts it may be liable, regardless of whether such claim, suit, damage, loss, cost or expense is caused in part by any joint, several or comparative, but not sole, negligent act or omission, of City. 13.4 The foregoing obligations of Contractor shall not be affected or limited in any way by any insurance required of or provided to Contractor under the Agreement. The indemnification and hold harmless obligations as provided herein shall not negate, abridge or otherwise reduce any other right and remedy of City or obligation of indemnity by Contractor which would otherwise exist in favor of City under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Contractor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Contractor 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. 15. NONDISCRIMINATION: Contractor 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. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 16. 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”), Contractor 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, Contractor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Contractor 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 Contractor 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. 17. OWNERSHIP AND USE OF DOCUMENTS: The Reports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications and other documents prepared or employed by Contractor during the course of furnishing the Work to City under this Agreement shall be and become the property of the City, whether the Project is completed or not; accordingly, such materials may be used by the City for information and reference and in connection with City’s involvement on the Project. Such items and documents may also be used by City for completion of the Project or work with respect thereto by others if Contractor is in default under this Agreement, in which case Contractor shall provide City with reproducible copies of such reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents for such use but shall not be obligated to sign, certify or seal such copies. Contractor may utilize the name, images or descriptions of the Project in its promotional and marketing materials, except that it shall not utilize, publish or advertise any unique or distinctive components of the design, drawings or specifications for the Project in such promotional and marketing materials without first obtaining the written consent of City. Contractor will have no liability to City arising from City’s use or alteration of the above-referenced documents on any unrelated project. 18. 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. 19. NON-ASSIGNMENT: Contractor 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. 20. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Contractor 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 Contractor under or pursuant to this Agreement. 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. City and Contractor are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times soas to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, City and Contractor each commit to Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. City and Contractor shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement within the period specified by applicable law, but if not otherwise specified by applicable law, within not more than ten (10) years after the date of Substantial Completion of the Work. All Contract Documents are to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. 21.2 Litigation. Claims, disputes and other matters in controversy arising out of or related to this Agreement, not otherwise resolved in accordance with the provisions above, 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, and any hearing, trial or conference shall take place in that locale, unless agreed to otherwise in writing by City and Contractor. City and Contractor consent to the choice of law, the choice of dispute resolution designated by them, venue as provided herein, and to personal jurisdiction over each of them as provided herein and waive any right to object to the exercise of personal jurisdiction by the court and to exclusive venue in this locale. Any award, judgment or agreement in settlement of a dispute concerning such matters and resulting from negotiations or litigation in which City and Contractor are parties or participants shall be as binding upon surety as though surety were named and joined in such proceeding, provided that Contractor has been given a reasonable opportunity to join, participate, assist or provide supporting evidence in the presentation of any claim, defense or other issue in controversy that is settled or resolved thereby. 21.3 Continuation of Work. Provided City continues to make payments of amounts not in dispute, no dispute under this Paragraph shall interfere with the progress of the Work, and Contractor shall proceed with furnishing the Work, including disputed performance, despite the existence of, and without awaiting the resolution of, any such dispute. The failure or refusal of Contractor to continue performing under such circumstances shall constitute a default under this Agreement. 21.4 Claims Against Third Parties. In any instance or proceeding whereby any claim, dispute or other matter in controversy between City and Contractor involves, arises from or gives rise to a similar claim, dispute or other matter in controversy as between City and another third-party, Contractor shall furnish and present to City non-privileged evidence, documentation and other information to support its claim, defense or other position with respect thereto. 21.5 Waiver of Consequential Damages. Contractor waives any claims against City for consequential damages arising out of or relating to this Agreement. This waiver includes damages incurred by Contractor for principal office expenses, including the compensation of personnel stationed there and other components of home office overhead, for losses of financing, business and reputation, for loss of management or employee productivity or of the services of such persons and for loss of profit except anticipated profit arising directly from the Work being performed hereunder. This waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with this Agreement. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 22. 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. 23. NOTICE: Any notice provided for in this Agreement will be sufficient ifit is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Contractor: Smock Fansler Corporation 2910 W Minnesota Street Indianapolis, Indiana 46241 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. 24. TERMINATION: 24.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Contractor, immediately terminate this Agreement for cause, in the event of a default hereunder by Contractor 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, Contractor 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 Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 24.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Contractor. In the event of such termination, Contractor 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 Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: 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. 26. FINAL COMPLETION AND CLOSEOUT: In addition to any requirements for final completion and closeout listed in General and Supplementary Conditions, as a condition of final payment and Contract closeout, Contractor certifies or shall submit to City the following: Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 a. Contractor certifies that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which City or City’s property might be responsible or encumbered, less amounts withheld by the City) have been paid or otherwise satisfied; b. Any applicable Contractor guarantees and warranties; c. A certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect; d. Consent of surety, if any, to final payment; e. As-constructed record copy of the Contract Documents marked to indicate field changes and selections made during construction; f. If applicable, all manufacturer’s warranties, product data, testing and/or inspection results or reports, and maintenance and operations manuals; g. If required by City, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by City; h. Any other submittals required by the Contract Documents; and i. Satisfactory evidence that any claims or liens filed have been discharged or satisfied. If an architect, a consultant, or a subcontractor, or other person or entity providing services or work for the Contractor, refuses to furnish a release or waiver required by City, the Contractor may furnish a bond satisfactory to the City to indemnify City against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Contractor shall refund to City all money that City may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorney’s fees. 27. TERM: Unless otherwise terminated in accordance with the termination provisions under Contract Documents hereinabove, this Agreement shall be in effect from the Effective Date through satisfactory completion of the Work and delivery of all Goods and Services according to the established schedule. 28. 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. 29. 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. 30. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than City and Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor 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 Contractor. Smock Fansler Corporation Street Department Name - 2024 Appropriation #1206 101 43-509.00 Fund; P.O. #110912 Contract Not To Exceed $238,535.00 31.2 The Contractor 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 Contractor 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. 32. PRIOR WORK: In the event that Contractor has delivered any Goods and Services and/or performed any of the Work under this Agreement prior to the date of this Agreement, pursuant to an authorization to proceed or verbal directive issued by City to Contractor or a letter of intent or verbal understanding entered into by and between City and Contractor, this Agreement and all of the terms and conditions thereof, including the payment obligations of City for such prior deliveries and/or performance, shall govern such prior deliveries and/or performance to the same extent as though they were performed or delivered after the date hereof, and any amounts that were earned by Contractor and paid by City to Contractor, or earned by Contractor and still to be paid by City to Contractor, for such other previously delivered Goods and Services or performed Work, shall be applied as a credit against Contractor’s overall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: In the event City employs attorneys or incurs other expenses it may deem necessary to protect or enforce its rights under the Agreement where Contractor is in default or breach of the Agreement, or City otherwise is required to undertake performance of Contractor’s obligations hereunder because of Contractor’s failure or refusal to perform, Contractor agrees to pay the attorney fees, costs and expenses so incurred by City. Furthermore, wherever in the Agreement Contractor agrees to pay expenses incurred by City such expenses shall include, but are not limited to, attorney fees incurred by City. 34. DRUG FREE WORK SITE: Contractor and its employees shall comply with all provisions of the Drug Free Workplace Act of 1988 as amended. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace is prohibited. Contractor is responsible for the development implementation, administration and enforcement of a formal substance abuse policy (“Substance Abuse Policy”) which, as, a minimum, meets the standards set forth by the City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: To the extent that this Project and Agreement is subject to the requirements of Indiana Code § 5-16-13 et seq., which are incorporated by reference as if fully restated herein, Contractor shall comply with all applicable requirements set forth therein. 36. ACCESS TO PUBLIC RECORDS ACT: Contractor 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 the Contract, whether the same is in the possession or control of Contractor or 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. 37. COMPETING LAWS: As between inconsistent provisions among Federal, State and local laws, Contractor should generally comply with the more stringent requirement, unless a Federal law, rule or regulation requires that the affected Federal provision be observed, notwithstanding the existence of a more stringent applicable State or local requirement. EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000, 000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. CzTfshfzHsfdivlijobu3;43qn-Gfc37-3135 SPORTS MEDICINE AND ATHLETIC TRAINING SERVICES AGREEMENT This Sports Medicine and Athletic Training Services Agreement (the "Agreement") is made and entered into and effective as of the 1st day of April, 2024 (the "Effective Date"), by and between the Cam1el Public Works Department (CPWD) and Thomas A. Brady Sports Medicine, P.C. d/b/a Forté Sports Medicine and Orthopedics. RECITALS: WHEREAS, the CPWD desires to establish a working relationship with an independent health care provider to provide sports medicine and athletic training services to the CPWD; and WHEREAS, Forté is capable and willing to provide sports medicine and athletic training services and to manage athletic training services at the CPWD; NOW, THEREFORE, in consideration of the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CPWD and Forté hereby agree as follows: 1.Management of Athletic Training Services. a.Forté will establish appropriate care, competency, and clinical protocols for the athletic trainer(s) providing services to the employees of the CPWD (the "Protocols"). b.Forté and the CPWD will jointly work together to allow Forté to provide athletic training and medical staff services to employees of the CPWD in accordance with the Protocols and this Agreement. 2.Sports Medicine and Athletic Training Services. Forté will provide the following services to the CPWD: a.Establish and update (during the term of this Agreement) the Protocols consistent with the best practices for athletic training services; b.Provide care which will include, but not limited to, physical therapy, chiropractic care, sports medicine and athletic training services; c.All such services and the services set forth in Section 3 below (the "Services") will be provided by duly qualified and licensed personnel in accordance with the tenns and conditions stated in this Agreement as well as compliance with all applicable federal and state requirements and any requirements or policies and procedures of fire service regulatory agencies. 3.Sports Medicine and Other Services. Forté will be allowed to bill reasonable professional fees associated with the provision of care outside of the scope of Athletic Training Services which may include, but are not limited to, medical services, chiropractic care, bracing, splinting, orthotics, durable medical equipment, imaging and administration/dispensing of medication. Forté will be solely responsible forany such billing of its services and for appropriate physician involvement and oversight of these services. Nothing in the Agreement is intended to restrict Forté's or its personnel's exercise of his or her professional judgement in the provision of care to patients. Exhibit A 4.Facility Use. The CPWD agrees to provide a location to render sports medicine and athletic training services. 5.Payment. a.Forté and the CPWD agree to share the cost of one full time equivalent (FTE) athletic trainer, split 50/50. b.CPWD agrees to compensate Forté a maximum of $50,000 annually with a 3% annual increase to account for cost of living adjustments of the athletic trainer. The exact amount will be determined after the successful hiring of an athletic trainer, but total payment shall not exceed $50,000 annually with a 3% annual increase. Forté shall notify the CPWD of the final compensation amount, no more than seven (7) business days following the successful hire of the athletic trainer. c.Fringe benefit costs are included which have been calculated based on rates which are both necessary and consistently applied by Forté. d.Forté will invoice no more frequently than quarterly. e.CPWD will make every effort to ensure that payments are processed within thirty (30) days of received invoice. f.Forté reserves the right to initiate termination of the Agreement should payment be delayed, without mutual agreement by both Parties, by more than sixty (60) days. 6.Licenses/Permits. At the commencement of this Agreement and during its Term, Forté will secure and maintain all licenses, permits, and certifications required to provide the Services hereunder. Forté and its employees, contractors or agents will operate without any restriction, sanction, discipline, probationary status or other limitation on any license, certification or accreditation related to or associated with the Services provided under this Agreement. Forté will also ensure that all of its employees, contractors and agents maintain all licenses, permits and certifications required by federal, state or local laws with respect to the Services provided by Forté and by said individuals and that said individuals only provide services that are within the scope of their respective licensure, pennit or certification. Forté will also perform reasonable and necessary credentialing functions, including personal and professional background checks for all licensed professionals providing Services. Forté will ensure that any personnel providing Services hereunder are Basic Life Support (BLS) certified on or before commencement of the initial tenn of this Agreement, and will continue to be BLS certified during the initial and any renewal term of this Agreement. Forté will provide current proof of licensure for itself or its employees, contractor and agents upon the CPWD's request. Forté will notify the CPWD in the event that any of the foregoing qualifications of Forté or its employees, contractors or agents are no longer true and accurate. Forté will furthernotify the CPWD of any threatened or pending malpractice claim or other patient-related litigation related to any of the employees, contractors or agents that provide services under this Agreement. 7.Warranty. Forté warrants that neither it nor any of its employees, contractors or agents are currently, or have ever been sanctioned, suspended, excluded or disbarred from any federal health care program, including without limitation, the Medicare or Medicaid programs. 8.Administrative Responsibilities. Forté agrees that it will be responsible for maintaining and securing any health information including patient information and medical records, in accordance with any state and federal legal and regulatory requirements. Forté will also be responsible for confidentiality and security measures with respect to health information for the services provided with any services provided to patients. The ownership and right of control of a 3-s and suppo1ting documents, including patient information and medical records, prepared in connection with any services rendered belongs exclusively to Forté. This section will survive the expiration or earlier tem1ination of this Agreement. 9.Exclusive Provider. It is the intent of the parties that, throughout the term of this Agreement, Forté shall be the exclusive provider to the CPWD and its employees forthe Services; provided however, that such exclusivity would not apply in the following instances: a.an emergency situation, in which case the individual will be directed to the nearest hospital emergency room; b.if the individual expresses a preference for a different provider, practitioner, or supplier; c.ifthe individual's insurer determines the individual should be treated by a different provider, practitioner, or supplier, or d.iftreatment by Forté is not in the individual's best medical interests. 10.Term and Termination. Unless tenninated earlier as provided herein, this Agreement will commence on the Effective Date and continue for a period ofTwo (2) years, and thereafter will automatically renew for periods of one (1) year unless written notice of non-renewal is provided at least one hundred twenty (120) days prior to the end of the current tenn. IfForté fails to comply with any term or provision ofthis Agreement and fails to cure such default with the grace periods provided therein, the CPWD may tenninate this Agreement by providing Forté with fifteen (15) days written notice oftermination. Either party may terminate this Agreement without cause by providing the other party with six (6) months prior written notice. 11.Insurance. Forté will provide and maintain throughout the duration of this Agreement such professional liability or self-insurance for itself and its personnel in such amounts as are necessary for itself and its personnel as applicable to be "qualified providers" under the Indiana Medical Malpractice Act, as amended. Forté further agrees to maintain such professional liability or self- insurance coverage in the amounts of required under this Section ofthis Agreement for all services provided by itself and its personnel until the statute of limitations expires forthe filing of malpractice claims pertaining to the provision of the services. Forté will notify the CPWD of cancellation or material modification of the coverage under any such professional liability insurance covering its employees in full compliance with the laws of the State of Indiana; and insurance or self-insurance ofcommercial general and public liability insurance in minimum amounts of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars 2,000,000.00) aggregate and One Hundred Thousand Dollars ($100,000.00) property damage per occurrence. Such instance must include broad form contractual liability insurance insuring MSM's obligations under this Agreement. The commercial general and public liability insurance must name the CPWD and their officers, members, directors, employees, and agents as additional insured. 12.Own Acts and Indemnification. a. Each party will be responsible for its own acts or omissions and any and all claims, liabilities, injuries, suits, demands and expenses of all kinds which may result or arise out ofany alleged malfeasance or neglect caused or alleged to have been caused by either party or their employees, contractors or agents in the perfonnance or omission ofany act or responsible of either party of this Agreement. b.Forté agrees to defend, indemnify and hold ham1less the CPWD, its officers, council members, employees and agents from any loss, cost, damage, expense, attorneys' fees, and liability by reason of bodily injury, death, property damage, or all ofthe foregoing, of whatsoever nature or kind, arising out of or as a result of the alleged or actual willful or negligent act or omission of Forté, its employees, contractors or agents including, but not limited to, its medical professionals related to (i) the perfonnance or non-perfonnance of the Services under this Agreement; or (ii) the violation ofany applicable law, regulation or rule. c.The CPWD agrees to defend, indemnify and hold harmless Forté, its successors, assignees, trnstees, directors, officers, agents and employees from any loss, cost, damage, expense, attorney'sfees, and liability solely arising out ofthe breach of its obligations under this Agreement. Notwithstanding anything contained herein to the contrary, the CPWD liability and any obligation to defend, indemnify, or hold Forté harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the CPWD as an instrumentality of the State of Indiana (e.g. actions and conditions as to which the CPWD is immunized by the Indiana Tort Claims Act, dollar limits stated in such Act, exemption from punitive damages, and the continued ability to defeat claims by reason of contributory negligence or fault of the claimant), so that the CPWD's liability and obligation to indemnify and hold harmless will not exceed what might have been paid directly to the claimant ifsued directly by claimant and all appropriate defenses had been raised by the CPWD. d.This section will survive the expiration or earlier termination of this Agreement. 13.HIPAA Compliance. Forté and its personnel will comply with all applicable laws, rules and regulations governing the privacy ofprotected health information and medical records including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time ("HIP AA"), the privacy provisions (Subtitle D) ofthe Health Information Technology of Economic Clinical Health Act, Division A, Title XIII ofPub. L: 111-5, and its implanting regulations, as amended from time to time (HITECH Act"). The parties agree that the CPWD is not intended to serve as a business associate ofForté with respect to the Services or other activities ofForté under this Agreement or any other relationship between Forté and the CPWD. Notwithstanding the foregoing, in the event that the parties determine that the CPWD is serving as a business associate, then it will execute a standard Business Associate Agreement as an addendum to this Agreement, provided that such agreement will only extend to the Services provided by the CPWD to or forthe benefit ofForté under this Agreement. 14.OSHA Compliance. Forté and its personnel will comply with all applicable Occupational Safety and Health Administration ("OSHA") regulations and standards including, but not limited to, rules, pertaining to blood borne pathogens and the disposal and removal of any waste that is generated as a result ofthe services provided hereunder, including bodily fluids. 15.Notices. All notices and demands which may or are required to be given by either party to the other hereunder will be in writing and will be deemed to have been fully given three (3) days after being deposited with the United States Postal Service, or its successor, as certified or registered mail, postage prepaid, and addressed as follows. All notices and demands which may or are required to be given by either party to the other hereunder will be in writing will be deemed to have been fully given five (5) days afterbeing deposited with the United States Postal Service, or its successor, as certified or registered mail, postage prepaid, and addressed as follows: Exhibit A L/of Forté:Thomas A. Brady Sports Medicine, P.C. d/b/a Forté Sports Medicine and Orthopedics 10767 Illinois Street, Suite 3000B Carmel, Indiana 46032 Attn: Martin Rosenberg, Forté 16.Independent Relationship. Each party is at all times acting and performing as an independent contractor with respect to the other party, and no party will have or exercise any control or direction over the method by which the other party will perfonn such work or render or perform such services and functions under this agreement. 17.Non-Discrimination. The parties agree that they and their respective employees, contractors, and agents will not discriminate in the provision of Services under this Agreement based upon race, color, religion, gender, disability, national origin, ancestry, age, sexual orientation, gender identity, United States military service veteran's status, genetic information or any other basis as may be a recognized protected class during the term of this Agreement. The parties affirm that they are equal opportunity employers and will comply with all applicable federal, state, and local laws, regulations, and executive orders. 18.Governing Law, Wavier of Trial by Jury, and Venue. The parties affirm that this Agreement has been entered into the State of Indiana and will be construed in accordance with the laws of the State of Indiana. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE AND RELEASE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTERS ARISING OUR OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, AND/ORANY CLAIM FOR INJURY OR DAMAGE FOR THE PURPOSE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, EACH PARTY HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSNE JURISDICTION AND VENUE OF THE COUNTY, CIRCUIT OR SUPERIOR COURTS LOCACTED IN HAMILITON COUNTY, INDIANA. EACH PARTY IRREVOCABLY WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LA YING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. 19.Further Assurances. Each party will, from time to time, upon reasonable request by the other party, execute such additional documents as reasonably may be required to effectuate the purpose of this Agreement. The parties also agree to meet from time to time upon either party's reasonable request of the other, to discuss the reasonable needs and/or concerns of the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement to be effective as of the date set forth above. EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: N/A Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other Playing our Midwest Championship match on the screen at Midtown Plaza 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose: Description of Event: Event Date Start Event Date End If multiple dates, please list Set-Up Time: AM/PM * Tear Down Time: AM/PM * Event Start time: AM/PM * Event End time: AM/PM * Rehearsal Rehearsal Date: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Indy Impalas Send Off Celebration Provide a brief description of event The Indy Impalas, rugby team will be leaving for the national tournament the following week and we would like to do a sendoff celebration where we play the replay of our Midwest championship match on the screen. Additionally we would like to have a table and 10x10 tent where we will have free stickers and team merchandise available for sale. We plan to invite the Carmel Youth Rugby team to have a table as well if they are interested. We anticipate this being a small event. We are flexible on the time of the event on that Saturday, but would prefer afternoon. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 4/27/2024 4/27/2024 12:00:00 PM 04:00:00 PM 01:00:00 PM 04:00:00 PM NA ehearsal Start:Rehearsal End: Number of People Expected: Fees? Vendors Vendors Present * Contact Person * Email Phone Number: Rehearsal Start Time:Rehearsal End Time: 50 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Indy Impalas pop up tent Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximently how many vendors will be present? 2 6. CONTACT INFORMATION: Evan Roberts erob54@gmail.com 3174132836 ell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. 3174132836 Indy Impalas Rugby City Carmel State / Province / Region IN Postal / Zip Code 46032 Country UnitedStates Street Address 14177 Adios Pass Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/17/2024 USI Insurance Services NW 601 Union Street, Suite 1000 Seattle, WA 98101 206-577-5985 Everest National Insurance Company 10120 A 1,000,000SI8ML023062318/1/2023 8/1/2024 1,000,000 3 5,000 3 1,000,000 3 Sexual Abuse & Molestation 3,000,000 3 Participant Legal Liability 2,000,000 General Aggr Limit 20,000,000 A SI8ML02306231 8/1/2023 8/1/2024 1,000,000 Coverage for USA Rugby Employees Only 3 3 A SI8EX01715231 8/1/2023 8/1/2024 4,000,0003 8,000,0003 Gary Patterson Heidi Palmer Heidi.Palmer@usi.com 3 United States of America Rugby Football Union Ltd DBA: USA Rugby 501 S Cherry St #100 Denver CO 80246 78244992 3 3 3 3 The certificate holder is an additional insured, but only with respect to liability arising out of the named insured's tournament unless tournament is sanctioned and pre-approved by USA Rugby. City of Carmel One Civic Square Carmel IN 46032 This cer tificate is issued on behalf of USA Rugby & Indianapolis Rugby Football Club. activities or operations. Coverage applies to all club practices and games. Coverage does not apply to any Participants Legal Liability/Sexual Abuse & Molestation coverage is included in the general liability. 78244992 | USARUGBY | 23/24 Master Certificate | Cassie Bishop | 1/17/2024 8:18:53 AM (PST) | Page 1 of 5 CG 20 11 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 11 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – MANAGERS ORLESSORS OF PREMISES This endorsement modifies insurance provided under the following: SCHEDULE Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): PER SCHEDULE ON FILE WITH COMPANY Additional Premium: INCL. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1.Any "occurrence" which takes place after you cease to be a tenant in that premises. 2.Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. COMMERCIAL GENERAL LIABILITY COVERAGE PART INSURED COPY United States of America Rugby Football Union Ltd City of Carmel One Civic Square Carmel IN 46032 SI8ML02306231 78244992 | USARUGBY | 23/24 Master Certificate | Cassie Bishop | 1/17/2024 8:18:53 AM (PST) | Page 2 of 5 COMMERCIAL GENERAL LIABILITY ECG 04 704 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 04 704 11 13 Copyright, Everest Reinsurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Page 1 of 2  GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the Limits of Insurance and additional coverage provided by this endorse- ment. For complete details on specific coverage, please refer to policy language in this endorsement and the underlying Commercial General Liability Coverage Form. Coverage Applicable Enhancement Non-Owned Watercraft Less Than 50 Feet Supplementary Payments – Bail Bonds $1,000 Supplementary Payments – Loss Of Earnings $500 per day Newly Acquired Organizations – Extended Coverage 180 days Subsidiaries As Insureds Included Fire Damage To Premises Rented To You $500,000 Notice To Company – Duties In The Event Of Occur- rence, Claim Or Suit Broadened Unintentional Failure To Disclose Hazards Broadened Waiver Of Subrogation Broadened Amendment to Bodily Injury Definition Broadened A. Non-Owned Watercraft Paragraph g.(2) under Paragraph 2. Exclusions of Section I – Coverage A Bodily Injury And Property Damage Liability is replaced by the fol- lowing: (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; B. Supplementary Payments – Increased Limits Paragraphs 1.b. and 1.d. under Supplementary Payments – Coverages A And B of Section I – Coverages are replaced by the following: b. Up to $1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $500 a day because of time off from work. C. Newly Acquired Organizations – Extended Coverage Paragraph 3.a. under Section II – Who Is An In- sured is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; D. Subsidiaries As Insureds The following is added to Section II – Who Is An Insured: 4. Any subsidiary company in which you own a financial interest of more than 50% as of the ef- fective date of this endorsement is included as a Named Insured. However, such organization is not a Named Insured: a. If it is a partnership, joint venture or limited liability company; b. If there is other similar insurance available to it; INSURED COPY SI8ML02306231 78244992 | USARUGBY | 23/24 Master Certificate | Cassie Bishop | 1/17/2024 8:18:53 AM (PST) | Page 3 of 5 Page 2 of 2 Copyright, Everest Reinsurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. ECG 04 704 11 13  c. If there is other similar insurance that would be available to it, but for the termination of the insurance or the exhaustion of its limits of insurance; or d. After you cease to own a financial interest of more than 50%. E. Fire Damage To Premises Rented To You – Increased Limits Paragraph 6. under Section III – Limits of Insur- ance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages be- cause of “property damage” to any one prem- ises while rented to you or temporarily occu- pied by you with permission of the owner is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. F.Notice To Company The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV – Commercial General Li- ability Conditions: e. Your failure to first notify us of a claim will not invalidate coverage under this policy if the loss was inadvertently reported to another insurer. However, you must report any such “occur- rence” to us within a reasonable time once you become aware of such error. G. Unintentional Failure To Disclose Hazards Condition 6. Representations under Section IV – Commercial General Liability Conditions is re- placed by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. Any unintentional error or omission in the de- scription of, or failure to completely describe, any premises or operations you intend to be covered by this Coverage Part, will not invali- date or affect coverage for those premises or operations. However, you must report any such error or omission to us as soon as reasonably possible after its discovery. H. Waiver Of Subrogation The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the “occurrence”. I. Amendment to Bodily Injury Defini- tion Paragraph 3. Of Section V. – Definitions is replaced by the following: 3. “Bodily injury” means bodily injury, sickness, mental injury, mental anguish, shock or fright sustained by a person, including death resulting from any of these at any time. However, “bodily injury” does not include injury arising out of the offenses designated in the definition of “personal and advertising injury”. INSURED COPY78244992 | USARUGBY | 23/24 Master Certificate | Cassie Bishop | 1/17/2024 8:18:53 AM (PST) | Page 4 of 5 SI8ML02306231 78244992 | USARUGBY | 23/24 Master Certificate | Cassie Bishop | 1/17/2024 8:18:53 AM (PST) | Page 5 of 5 cknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Evan Roberts Name of Organization/Applicant Signature of Authorized Agent/Applicant Evan Roberts, Team President Printed Name and Title (If applicable) 3174132836 Phone Number (Required) 14177 Adios Pass, Carmel, IN 46032 Address of Organization/Applicant 2/23/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Street closing on Cranston Ave., plus North bound lane on Old Meridian on 3/16 3-7pm during CFD activities.    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Cranston Ave. from Old Meridian to the Providence parking lot just behind the Brockway Pub, plus the North bound lane of Old Meridian from West Carmel Dr. to Grand Blvd only on 3/16 from 3-7pm for CFD activities. Cranston Ave to be closed 3/13 through 3/17. 12525 Old Meridian St. NOTE: Can only close the right lane of Old Meridian Street north bound due to median. Include addresses as appropriate An easy to read, color map of the area is required with submission. Google Map of Street Closure.pdf 719.15KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Will also close a portion of Old Meridian North bound lane for CFD activities 3-7pm. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Barricades * No Parking Signs * Event Use/Purpose: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 8 Please note the number of NO PARKING SIGNS needed 3 5. EVENT DETAILS St Patrick's celebration tent party. Description of Event: Event Date Start *Event Date End * If multiple dates, please list Set-Up Time:*Tear Down Time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Fees (cont'd) Provide a brief description of event The annual St. Patrick's celebration. Tent party with bands and beer stands. SCHEDULE OF ACTIVITIES & BANDS: Thur 3/14: 5:30-7:30pm Silver Birds, 8- 10:30pm Tres Amigos. Fri 3/15: 5:30-8pm She Loves Horses, 8:30-11pm Groove Town. Sat 3/16: 3-4pm CFD Pipers, 4-5pm Iam Reppert, 3-7pm CFD pumper pull and keg toss, 5:30-8pm The Party Band, 8:30-11pm The Filter Kings. Sun 3/17: 1:30-3pm Aela, 4-9pm Mellencouger w/ Rhino Down. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/14/2024 3/17/2024 8:00:00 AM 11:00:00 PM 1:00:00 PM 11:00:00 PM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Raise money for CFD Bereavement Fund EVENT SET UP: Stage 10' x 20' Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 30' x 75' Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Sean McCutcheon Sean@dannyboybeerworks.com 3176698080 7047268489 The Brockway Public House City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 12525 Old Meridian Suite 150 Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. The Brockway Public House Name of Organization/Applicant Signature of Authorized Agent/Applicant Sean J McCutcheon, General Manager Printed Name and Title (If applicable) 7047268489 Phone Number (Required) 12525 Old Meridian, Suite 150, Carmel, IN 46032 Address of Organization/Applicant 2/26/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: North/East bound lanes of Old Meridian St from Cranston Ave to approximately end of the building. NOTE: Can only close the right lane of Old Meridian Street north bound due to median. Include addresses as appropriate An easy to read, color map of the area is required with submission. 345.PNG 1.43MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: CFD Pumper Pull from is at 5:00pm. Lane restriction is requested from 3:00p-7:00p 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Barricades * No Parking Signs * Event Use/Purpose: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 2-5 Please note the number of NO PARKING SIGNS needed 5 5. EVENT DETAILS CFD/Brockway Pub St. Patrick's Day Celebration Description of Event: Event Date Start Event Date End If multiple dates, please list Set-Up Time: AM/PM * Tear Down Time: AM/PM * Event Start time: AM/PM * Event End time: AM/PM * Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected: Fees? Provide a brief description of event CFD/Brockway Pub St. Patrick's Day Celebration. CFD will request the closure of Old Meridian St. Brockway Pub will coordinate the closure of Cranston Ave and the Tent setup/approval. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/16/2024 3/16/2024 15:00:00 PM 19:00:00 PM 17:00:00 PM 19:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Vendors Contact Person * Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Joel Heavner jheavner@carmel.in.gov 3174317594 3174317594 City of Carmel Fire Department City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 210 Veterans Way Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Joel Heavner - Carmel Fire Department Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) 3174317594 Phone Number (Required) Address of Organization/Applicant 2/23/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other Veteran's Way    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Veteran's Way at Main to right after our first parking lot entrance. Include addresses as appropriate An easy to read, color map of the area is required with submission. Shamrock the District footprint.pdf 166.88KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Just one half block closure from Friday am March 15 to Monday March 18th am. Will be back open at noon Monday March 18th 2024. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Barricades * Crowd-Control Gates * Standard Cones * No Parking Signs * Event Use/Purpose: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 4 Please note the number of Crowd-Control Gates needed 6 Please note the number of Standard Cones needed 8 Please note the number of NO PARKING SIGNS needed 4 5. EVENT DETAILS Shamrock the District Tent Party Description of Event: Event Date Start Event Date End If multiple dates, please list Set-Up Time: AM/PM * AM/PM * AM/PM * AM/PM * Rehearsal End: Number of People Expected: Fees? Provide a brief description of event Annual Shamrock the district Tent Party. My Yellow Rickshaw playing in the tent from 7-10 pm Sat March 16th 2024. Bagpipers, Gordon Pipers, DJ, Irish Bingo... Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/15/2024 3/18/2024 March 16th & March 17th 2024. Tent company does not work weekends so they have to set up March 15th and tear down first thing in the morning March 18th. No access is blocked to anything during. AM AM PM 8:00:00 Tear Down Time: 09:00:00 Event Start time: 1:00:00 Event End time: 09:00:00 Rehearsal Rehearsal Date: Rehearsal Start: PM NA Rehearsal Start Time:Rehearsal End Time: 300 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. endors Contact Person * Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency 20x100 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Ace Party Rental Name of Merchants(s) doing the setup 3178728368 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Beth Hohlier BHohlier@aol.com 3174311605 3174311605 Muldoon's City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 111 W. Main St Address Line 2 Ste 100 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: cknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Muldoon's Name of Organization/Applicant Signature of Authorized Agent/Applicant Beth Hohlier CEO/owner Printed Name and Title (If applicable) 317-431-1605 Phone Number (Required) 111 W. Main St. Ste 100 Carmel In 46032 Address of Organization/Applicant 2/22/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other parking for bus/RV    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: City Services Needed 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Cones * Standard Cones * No Parking Signs * Event Use/Purpose: Description of Event: Event Date Start *Event Date End * If multiple dates, please list Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Standard Cones needed 6-8 Please note the number of NO PARKING SIGNS needed 4-5 5. EVENT DETAILS Block spots on City Center Drive by the Palladium. Provide a brief description of event We need spots to be blocked off for a bus/RV arrival late afternoon on March 6. Departing on afternoon of 3/7. It is a 40 foot RV Attach additional pages if needed-SEE BELOW Exterior #1.jpg 117.61KB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/6/2024 3/7/2024 Set-Up Time:*Tear Down Time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? Vendors 8:00:00 AM 4:00:00 PM 12:00:00 AM 12:00:00 AM NA Rehearsal Start Time:Rehearsal End Time: 1 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: ontact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Cindy Schassberger cschassberger@hotelcarmichael.com 3179657601 Hotel Carmichael City State / Province / Region Postal / Zip Code Country United States Street Address Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: cknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Hotel Carmichael- Cindy Schassberger - sales dept Name of Organization/Applicant Signature of Authorized Agent/Applicant Cindy Schassberger Printed Name and Title (If applicable) 317-965-7601 Phone Number (Required) 1 Carmichael Sq. Carmel IN 46032 Address of Organization/Applicant 2/27/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other No facilities listed are required    Department Recommendation CPD - yes CFD - yes Streets - yes MCR - yes Engineering - yes Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: No streets will be closed. Carmel Police will be supply traffic control to allow participants to cross busy intersections. Specifically; Main Street and Garnet, Cherry Tree Rd. and Hazel Dell, Haverton Way and Main St., Double Eagle and Main St., Double Eagle and 126th St., River Rd. path north of 122nd St. to River Trail, River Trail to River Rd. path at Tall Timber, Cherry Creek Blvd and Sourwood, Cherry Creek Blvd and Powder. Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Crowd-Control Gates * Standard Cones * Event Use/Purpose: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Crowd-Control Gates needed 4 Please note the number of Standard Cones needed 250 5. EVENT DETAILS The "Sam Costa" is the oldest road race in Indiana, held in Carmel since 1973, and originally managed by Carmel HS faculty. The Costa has, and continues to be, an early season test of fitness for those who have trained through the winter. Description of Event: Event Date Start *Event Date End * If multiple dates, please list Set-Up Time:* Event Start time:* Rehearsal Number of People Expected:* Fees? Fees (cont'd) Provide a brief description of event The "Sam Costa" is the oldest road race in Indiana, held in Carmel since 1973, and originally managed by Carmel HS faculty. Beginning in 1982 the "Costa" has been organized by the non-profit club "Indy Runners and Walkers". This year is the 53rd anniversary of the race and the 17th year Northview Church has been the venue. Fees are charged for both the Half Marathon and Quarter Marathon. All fees are used to offset the costs of producing the event. Revenue in excess of costs is used to endow the “Indy Runners and Walkers Scholarship Fund” and the ongoing needs of the club. Every year the "Costa" has approximately one thousand participants, with an average of 15 states represented, and over 150 volunteers, many from local Hamilton County schools. The Costa has, and continues to be, an early season test of fitness for those who have trained through the winter. Attach additional pages if needed-SEE BELOW 2024 Half Marathon Map with street and path names.pdf 83.76KB 2024 Quarter Marathon Map with street and path names.pdf 101.18KB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/23/2024 7:00:00 AM 9:00:00 AM 3/23/2024 Tear Down Time:* 2:00:00 PM Event End time:* 12:00:00 PM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Fees are used to offset the costs of producing the “Sam Costa”. Revenue in excess of costs is used to endow the “Indy Runners and Walkers Scholarship Fund” and the ongoing needs of the club. EVENT SET UP: Stage endors Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Terry Townsend racedirector40@yahoo.com 3176973054 3176973054 Indy Runners and Walkers City Indpls State / Province / Region In Postal / Zip Code 46230-0617 Country Marion Street Address PO Box 30617 Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: 3/23/2024 (9:00am) 17th Sam Costa Quarter Marathon Start/Finish at Northview Church Northview Church Aquamarine Garnet Ha z e l D e l l p a t h Cherry Creek Blvd path Wl l d c a t Osage Kickapoo Stagg Hill Ivy Hill Haverton Cantigny Jacobsen Main Street Penneagle Dunwoody Ivy Hill Penneagle Navajo Sioux Arapaho Comanche Main Street 3/23/ 2024 (9:00am) 53rd Sam Costa Half Marathon Start/Finish at Northview Church Ch e r r y C r e e k B l v d p a t h Hazel Dell path Ri v e r T r a i l p a t h 12 2 nd St p a t h Medalist12 6 th St p a t h Ma i n S t r e e t Iv y H i l l WlldcatWlldcat Os a g e No r t h v i e w Ch u r c h St a g g H i l l Ki c k a p o o River Rd path Pe n n e a g l e Du n w o o d y Ar a p a h o Na v a j o Si o u x Co m a n c h e Ga r n e t Aq u a m a r i n e Ca n t i g n y Double Eagle Ja c o b s e n Co m m u n i t y D r p a t h Ch e r r y C r e e k B l v d p a t h Ma i n S t r e e t cknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Indy Runners and Walkers; Terry Townsend, Sam Costa Race Director and IRW Board Member Name of Organization/Applicant Signature of Authorized Agent/Applicant Terry Townsend Printed Name and Title (If applicable) 317-697-3054 Phone Number (Required) Indy Runners and Walkers, PO Box 30617, Indpls., In 46230-0617 Address of Organization/Applicant 2/26/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ Sue Finkam, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ Pa g e 1 of 3 st e h c a s 34 l , 34 34 2 nn d 34 6 Cn is se l e c t e d ab o v e . If "d e p e n d e n t " is in v o l v e d , pr o v i d e de p e n d e n t ' s na m e an d re l a t i o n s h i p . ) : ef f e c t i v e da t e an d te r m of th e co n t r a c t or pu r c h a s e if re a s o n a b l y da t e r m i n a b l e . Da t e s re q u i r e d if 4( a ) 6. De s c r i p t i o n ( s ) of Co n t r a c t ( s ) or Pu r c h a s e ( s ) (D e s c r i b e th e ki n d of co n t r a c t in v o l v e d , an d th e we t e Hr l Iv i g o t o n 5. Na m e ( s ) of Co n t r a c t o r ( s ) or Ve n d o r ( s ) : fr o m pa r t i c u l a r co n t r a c t o r s or ve n d o r s . b. as an "a n n u a l " di s c l o s u r e st a t e m e n t , as to my fi n a n c i a l in t e r e s t co n n e c t e d wi t h an y co n t r a c t s or pu r c h a s e s of th e go v e r n m e n t a l en t i t y wh i c h I se r v e , wh i c h ar e ma d e on an on g o i n g ba s i s wi t h or go v e r n m e n t a l en t i t y wi t h or fr o m a pa r t i c u l a r co n t r a c t o r or ve n d o r ; or pu r c h a s e co n n e c t e d wi t h th e go v e r n m e n t a l en t i t y wh i c h I se r v e , pr o p o s e d to be ma d e by th e a. /a s a "s i n g l e tr a n s a c t i o n " di s c l o s u r e st a t e m e n t , as to my fi n a n c i a l in t e r e s t in a sp e c i f i c co n t r a c t or 4. Th i s st a t e m e n t is su b m i t t e d (c h e c k on e ) : b. Co u n t y : 3 a. Go v e r n m e n t a l En t i t y : Ha m t e n Ca y n u l 2. Ti t l e or Po s i t i o n Wi t h Go v e r n m e n t a l En t i t y : Mi c h a l Ru s z e 1. Na m e an d Ad d r e s s of Pu b l i c Se r v a n t Su b m i t t i n g St a t e m e n t : (9 4 9 2 Po t r s Ba d e Rd No b l e s u l l IN 46 0 6 0 CE D En g u 4 s 35 - 4 4 . 1 - 1 4 in it s en t i r e t y . Th e fo r e g o i n g co n s i s t s on l y of ex c e r p t s fr o m 1C 35 - 4 4 . 1 - 1 - 4 . Ca r e sh o u l d be ta k e n to re v i e w IC mo r e th a n on e - h a l f (1 / 2 ) of wh o s e su p p o r t is pr o v i d e d du r i n g a ye a r by th e pu b l i c se r v a n t . of a pu b l i c se r v a n t wh o is un e m a n c i p a t e d an d le s s th a n ei g h t e e n (1 8 ) ye a r s of ag e ; an d an y in d i v i d u a l of th e fo l l o w i n g : th e sp o u s e of a pu b l i c se r v a n t ; a ch i l d , st e p c h i l d , or ad o p t e e (a s de f i n e d in IC 31 - 9 - 2 - 2 ) in c o m e or ne t wo r t h of th e pu b l i c se r v a n t or a de p e n d e n t of th e pu b l i c se r v a n t . "D e p e n d e n t " me a n s an y Co m m i t s Co n f l i c t of in t e r e s t , a Cl a s s D Fe l o n y . A pu b l i c se r v a n t ha s a pe c u n i a r y in t e r e s t in a co n t r a c t or pu r c h a s e if th e Co n t r a c t or pu r c h a s e wi l l re s u l t or is in t e n d e d to re s u l t in an as c e r t a i n a b l e in c r e a s e in th e a co n t r a c t or pu r c h a s e co n n e c t e d wi t h an ac t i o n by th e go v e r n m e n t a l en t i t y se r v e d by th e pu b l i c se r v a n t A pu b l i c se r v a n t wh o kn o w i n g l y or in t e n t i o n a l l y ha s a pe c u n i a r y in t e r e s t in or de r i v e s a pr o f i t fr o m In d i a n a Co d e 35 - 4 4 . 1 - 1 4 ST A T E BO A R D OF AC C O U N T S St a t e Fo r m 54 2 6 6 (R 2 / 6 - 1 5 ) / Fo r m 23 6 UN I F O R M CO N F L I C T OF IN T E R E S T DI S C L O S U R E ST A T E M E N T Pa g e 2 of 3 Da t e Su b m i t t e d (m o n t h , da y , ye a r ) z/ a / 2 0 2 4 Da t e of Ac t i o n on Co n t r a c t or Pu r c h a s e (m o n t h , da y , ye a r ) 9. to fi n a l ac t i o n on th e co n t r a c t or p u r c h a s e . ) : Ef f e c t i v e Da t e s (C o n f l i c t of in t e r e s t st a t e m e n t s mu s t be su b m i t t e d to th e go v e r n m e n t a l en t i t y pr i o r El e c t e d Of f i c i a l Of f i c e ru l e , or re g u l a t i o n an d is no t to be co n s t r u e d as a co n s e n t to an y il l e g a l ac t . 44 . 1 - 1 - 4 ; ho w e v e r , th i s ap p r o v a l do e s no t wa i v e an y ob j e c t i o n to an y co n f l i c t (N a m e of Go v e r n m e n t a l En t i t y ) an d ha v i n g th e po w e r to ap p o i n t T( W e ) be i n g th e an el e c t e d pu b l i c se r v a n t or th e bo a r d of tr u s t e e s of a st a t e - s u p p o r t e d co l l e g e or un i v e r s i t y . ) : Ap p r o v a l of Ap p o i n t i n g Of f i c e r or Bo d y (T o be co m p l e t e d if th e pu b l i c se r v a n t wa s ap p o i n t e d by (T i t l e of Of f i c e r or Na m e of Go v e r n i n g Bo d y ) 8 of (A t t a c h va l u e of su c h pr o f i t or be n e f i t . ) : th e ab o v e co n t r a c t ( s ) or pu r c h a s e ( s ) ; if re a s o n a b l y de t e r m i n a b l e , st a t e th e ap p r o x i m a t e do l l a r HH L Tr a g a t i o n pr o h i b i t e d by st a t u t e , pu r c h a s e ( s ) in wh i c h sa i d pu b l i c se r v a n t ha s a co n f l i c t of in t e r e s t as de f i n e d in In d i a n a Co d e 35 pa r t i c i p a t i o n to th e ap p o i n t e d di s c l o s i n g pu b l i c se r v a n t in th e ab o v e de s c r i b e d co n t r a c t ( s ) or th e ab o v e na m e d pu b l i c se r v a n t to th e pu b l i c po s i t i o n to wh i c h he or sh e ho l d s , he r e b y ap p r o v e th e ex t r a pa g e s if ad d i t i o n a l sp a c e is ne e d e d . ) 7. De s c r i p t i o n of My Fi n a n c i a l In t e r e s t (D e s c r i b e in wh a t ma n n e r th e pu b l i c se r v a n t or "d e p e n de n t " ex p e c t s to de r i v e a pr o f i t or fi n a n c i a l be n e f i t fr o m , or ot h e r w i s e ha s a pe c u n i a r y in t e r e s t in , On-Going Pa g e 3 of 3 Ci r c u i t Co u r t of th e co u n t y wh e r e th e go v e r n m e n t a l en t i t y to o k fi n a l ac t i o n on th e co n t r a c t or pu r c h a s e . So u t h , 30 2 We s t Wa s h i n g t o n St r e e t , Ro o m E4 1 8 , In d i a n a p o l i s , In d i a n a , 46 2 0 4 - 2 7 6 5 an d th e Cl e r k of th e th e pr e f e r r e d me t h o d of fi l i n g , or by ma i l i n g it to th e St a t e Bo a r d of Ac c o u n t s , In d i a n a Go v e r n m e n t Ce n t e r Em a i l Ad d r e s s : (P l e a s e pr i n t le g i b l y . ) Pr i n t e d Na m e : Mi c h o l n sc o Da t e : (m o n t h , da y , Si g n e d : (S i g n a t u r e of Pu b l i c Se r v a n t ) 10 . th e st a t e m e n t s ma d e ab o v e , an d th a t I am th e ab o v e na m e d pu b l i c se r v a n t . ac t i o n on th e co n t r a c t or pu r c h a s e . I fi l e d wi t h th e St a t e Bo a r d of Ac c o u n t s by up l o a d i n g it he r e ht t p s : l l q a t e w a y . i f i o n l i n e . o r g / s b o a co i l wh i c h is Wi t h i n fi f t e e n (1 5 ) da y s af t e r fi n a l ac t i o n on th e co n t r a c t or pu r c h a s e , co p i e s of th i s st a t e m e n t mu s t be ye a r ) 2- 1 9 - 2 4 af f i r m , un d e r pe n a l t y of pe r j u r y , th e tr u t h an d co m p l e t e n e s s of ac c e p t e d by th e go v e r n m e n t a l en t i t y in a pu b l i c me e t i n g of th e go v e r n m e n t a l en t i t y pr i o r to fi n a l Af f i r m a t i o n of Pu b l i c Se r v a n t : Th i s di s c l o s u r e wa s su b m i t t e d to th e go v e r n m e n t a l en t i t y an d Resolution BPW 03-06-24-05 Page 1 of 4 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. BPW-03-06-24-05 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING TRANSFER OF REAL PROPERTY TO THIRD PARTY Synopsis: Resolution amending the minimum sales price for the sale of excess real property located near 96th Street and Keystone Parkway that is not needed for a public purpose. WHEREAS, the Board of Public Works and Safety of the City of Carmel, Indiana (hereinafter, the “City”) previously approved by Resolution No. BPW 04-07-21-07 (the “Prior Resolution”) the sale of certain property being Parcel B, as defined in the Prior Resolution, located generally at the southeast corner of 96th Street and Haver Way, with the legal description of Parcel B attached hereto as Exhibit A; WHEREAS, the Prior Resolution established a minimum sales price of $1,750,000 for Parcel B (the “Prior Minimum Sales Price”); WHEREAS, pursuant to I.C. 36-1-11 -4, the City solicited bids but received no offers at the Prior Minimum Sales Price; WHEREAS, after engaging a broker pursuant to I.C. 36-1-11 -4(g), the City has received an offer of One Million Sixty Thousand and 00/100 Dollars ($1,060,000.00) for Parcel B. WHEREAS, the sale of Parcel B was originally approved by the City’s Common Council (“Council”) on April 19, 2021, as Resolution No. CC-04-19-21-01 (the “Prior Council Resolution”). WHEREAS, the Council on March 4, 2024 approved Resolution No.CC-03-04-24-02 which revised the minimum sales price of Parcel B to One Million Sixty Thousand and 00/100 Dollars ($1,060,000.00). NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works and Safety the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The BPW previously approved the sale of Parcel B, and subject to this Resolution, Parcel B shall be sold pursuant to I.C. 36-1-11 -4. 3. The minimum sales price for Parcel B shall not be less than One Million Sixty Thousand and 00/100 Dollars ($1,060,000.00) adjusted by reasonable and Resolution BPW 03-06-24-05 Page 2 of 4 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. customary closing costs, credits and other expenses incurred by the City as result of such sale. 4. The BPW hereby affirms the designation in the Prior Resolution and the Prior Council Resolution of James R. Crider, Chief of Staff for the City, as its agent for purposes of completing the disposition of Parcel B. James R. Crider is hereby authorized to execute all documents required in connection with the disposition of Parcel B, including a purchase agreement, pursuant to this Resolution and to take all other lawful actions necessary to complete the disposition of Parcel B as contemplated herein. 5. This Resolution shall take effect immediately upon its passage by the BPW. [Signature page follows.] Resolution BPW 03-06-24-05 Page 3 of 4 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. SO RESOLVED, 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 BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution BPW 03-06-24-05 Page 4 of 4 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. EXHIBIT A LEGAL DESCRIPTION The legal description of Parcel B, which is generally located on the southeast corner of the intersection of 96th Street and Haver Way, is: PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 4 EAST, WASHINGTON TOWNSHIP, MARION COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 37 MINUTES 07 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1072.91 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 04 SECONDS WEST A DISTANCE OF 275.75 FEET TO THE BEGINNING OF A NON- TANGENT CURVE AND THE PLACE OF BEGINNING; THENCE NORTHWESTERLY 119.81 FEET ALONG AN ARC TO THE LEFT HAVING A RADIOS OF 230.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 35 DEGREES 30 MINUTES 43 SECONDS WEST AND A LENGTH OF 118.46 FEET TO THE BEGINNING OF A REVERSE CURVE; THENCE CONTINUING NORTHWESTERLY 115.33 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 170.00 AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 30 DEGREES 59 MINUTES 57 SECONDS WEST AND A LENGTH OF 113.13 FEET; THENCE NORTH 30 DEGREES 06 MINUTES 44 SECONDS EAST A DISTANCE OF 32.60 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 40 SECONDS EAST A DISTANCE OF 44.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 15 SECONDS EAST A DISTANCE OF 56.19 FEET; THENCE SOUTH 69 DEGREES 00 MINUTES 29 SECONDS EAST A DISTANCE OF 127.82 FEET; THENCE SOUTH 25 DEGREES 25 MINUTES 55 SECONDS EAST A DISTANCE OF 174.22 FEET; THENCE SOUTH 04 DEGREES 20 MINUTES 29 SECONDS EAST A DISTANCE OF 188.92 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 07 SECONDS WEST A DISTANCE OF 199.06 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 04 SECONDS EAST A DISTANCE OF 169.18 FEET TO THE PLACE OF BEGINNING. CONTAINING 1.777 ACRES, MORE OR LESS. This Resolution was prepared by Benjamin J. Legge, Interim Corporation Counsel, on February 28, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. RESOLUTION NO. BPW 03-06-24-08 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY DESIGNATING AND APPROVING THE PLACEMENT OF SPEED LIMIT SIGNS ON CITY STREETS WITHIN THE IMMEDIATE VICINITY OF A SCHOOL WHEREAS, the City of Carmel (the “City”) has the power and authority, under Indiana Code Section 9-21-5-6, to regulate speed limits on a street or highway upon which a school is located and within immediate proximity of a school; and WHEREAS, Carmel City Code Chapter 8, Article 3, Section 8-17, establishes the speed limit for all motor vehicular traffic within immediate proximity of a school to be twenty-five (25) miles per hour from 7:00 a.m. to 7:00 p.m. on school days, only where speed limit signs have been installed pursuant to Indiana Code Section 9-21-5-6; and WHEREAS, Carmel City Code Chapter 8, Article 3, Section 8-17 authorizes the City of Carmel Board of Public Works and Safety to determine the placement and location of speed limit signs within immediate proximity of a school in the City’s corporate limits; and WHEREAS, the City of Carmel Department of Engineering, having reviewed this matter, now requests that the City of Carmel Board of Public Works and Safety review and approve the placement and installation of all signs necessary to enforce school zone speed limits under Carmel City Code Section 8- 17 and Indiana Code Section 9-21-5-6(f), on certain City streets, as set forth below. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The City of Carmel Board of Public Works and Safety has reviewed the City Engineer’s recommendation, and hereby approves the installation of all signs necessary to enforce school zone speed limits under Carmel City Code § 8-17 and Indiana Code § 9-21-5-6(f), in the following location(s) within the City’s corporate limits: • Within immediate proximity to Coram Deo Academy, along Congressional Blvd, N College Ave, and 117th Street. Section 3. This Resolution is effective upon its passage. [the remainder of this page is left intentionally blank] Resolution No. BPW 03-06-24-08 Page One of Two This Resolution was prepared by Benjamin J. Legge, Interim Corporation Counsel, on February 28, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. SO RESOLVED. By the Carmel Board of Public Works and Safety BY: Sue Finkam, Mayor Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, City Clerk Resolution No. BPW 03-06-24-08 Page Two of Two RESOLUTION NO. BPW 03-06-24-09 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY REGARDING LEASE OF REAL PROPERTY TO THIRD PARTY Synopsis: Resolution approves the lease of real property located at 10583 Lakeshore Drive East that is not needed for a public purpose and establishes minimum monthly rent. WHEREAS, the City of Carmel, Indiana (the “City”) acquired certain property located at 10583 Lakeshore Drive East, Carmel, Indiana consisting of a residential single-family dwelling (the “Property”) for the purpose of constructing a roundabout at the intersection of Lakeshore Drive and 106th Street; and WHEREAS, due to funding constraints, the construction of said roundabout is not scheduled for a significant amount of time, and the Property is not currently needed for any public purpose; and WHEREAS, pursuant to Ind. Code 36-1-11-4(b), using the average of two appraisals, it has been determined that a fair market rental value of the Property is Two Thousand Five Hundred Fifty Dollars per month ($2,550/month) or Thirty Thousand Six Hundred Dollars per year ($30,600/year); and WHEREAS, pursuant to Ind. Code 36-1-11-3(c), the Common Council approved the lease and the annual rental payments; and WHEREAS, pursuant to Ind. Code 36-1-11-10, the disposing agent shall determine a minimum bid amount and solicit bids pursuant to Ind. Code 36-1-11-4; and WHEREAS, the Board of Public Works and Safety (the “Board”) now desires to proceed with the bid solicitation for the lease of the Property. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Board hereby approves the lease for the Property for up to three-year term or until the Property is needed for the construction of the roundabout or other public improvement, whichever is earlier. The City’s Legal Department shall draft the lease document for the Property. The Property shall be leased pursuant to I.C. 36-1-11-10. The Property’s legal description is set forth in Exhibit A, which is attached and fully incorporated herein. Section 3. The minimum monthly rent for the Property shall not be less than Two Thousand Five Hundred Fifty Dollars per month ($2,550.00/month) adjusted by reasonable transactions costs and other expenses incurred by the City as result of such lease. Resolution No. BPW 03-06-24-09 Page One of Three Section 4. The Board hereby designates James R. Crider, Chief of Staff and Purchasing Agent for the City of Carmel, Indiana, as its agent to complete everything necessary for the bid solicitation and lease transaction pursuant to Ind. Code 36-1-11-4 and 10. James R. Crider is hereby authorized to execute all documents required in connection with the lease of the Property pursuant to this Resolution. Section 5. The bidding will continue from day to day for a period determined by Mr. Crider but not more than sixty (60) days. Section 6. The Board shall consider the winning bid for approval at its regularly scheduled meeting. Section 7. This Resolution shall be effective from and after adoption by the Board. [Signature page follows.] Resolution No. BPW 03-06-24-09 Page Two of Three SO RESOLVED By the Carmel Board of Public Works and Safety BY: Sue Finkam, Mayor Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, City Clerk Resolution No. BPW 03-06-24-09 Page Three of Three EXHIBIT A LEGAL DESCRIPTION The legal description of the real estate located at 10583 Lakeshore Drive East, Carmel, Indiana, 46033 is: Section 8, Township 17, Range 4 BRIAR CREEK Section 1 Lot 6 CONTAINING 21,380 SQUARE FEET, MORE OR LESS. 11100 Queens Way Ce n t e r P o i n t E n e r g y R O W P e r m i t Co n t a c t : J o n a t h a n C r a n k Jo n a t h a n . c r a n k @ c e n t e r p o i n t e n e r g y . c o m Ce l l : 7 6 5 - 7 0 2 - 3 9 8 2 1 Cross Reference to Deed: 2018-053129 & 2023-012566 FORM OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY - INDIVDUALS Tax Parcel No(s). 17-09-19-00-00-012.000 & 17-09-19-00-00-013.000 THIS INDENTURE WITNESSETH: That Zack Martin, Morgan Martin, and The Duke Property, LLC, (the "Grantor"), the fee simple owner(s) of the real property depicted and described on the attached Exhibit A (“Property”) incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor’s rights, title, and interest in the Property, to the City of Carmel, Indiana, an Indiana municipal corporation (“Grantee”), subject to all existing easements and rights-of-way of record, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The undersigned represent and warrant that they are the fee simple owners of the Property; that Grantor has full capacity to convey the Property; that they have full authority to execute and deliver this instrument; that they are therefore, fully empowered to convey the Property to the City of Carmel, Indiana, and that on the date of execution of this Dedication and Deed of Public Rights-of-Way, they had full authority to so act; and that all necessary action for the making of this conveyance has been duly taken. The Grantor assumes and agrees to pay real estate taxes and assessments on the Property for 2023 payable 2024 and all prior years. This obligation shall survive the conveyance of the Property and shall be enforceable by the Grantee in the event of any non-payment. [Signature page to follow] 5 City of Carmel BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property ("Property") to the City for the purpose of establishing City rights-of-way; WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary and in the City's best interests; and NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik , Member Date: ATTEST: Jacob Quinn, Clerk Date: 6 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and JACOB QUINN, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing Dedication & Deed of Public Rights-of-Way on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 . NOTARY PUBLIC My Commission No./Expiration: Printed Name My County of Residence: February 6, 2024 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 the Minimum Flood Protection Grade/Minimum Lowest Adjacent Grade of all structures fronting a pond or open ditch shall be no less than 1-foot above any adjacent local flood route. (STSM 303.07) The reason for the waiver is due to the project site having limited space to incorporate the proposed parking garage space and outdoor parking lot adjacent to the building. The proposed parking within the building and the exterior lot share a common driveway for vehicular travel. In order to incorporate both parking areas and maintain walkability, the variation in grade between the building and flood route is limited in the exterior parking lot. There is positive drainage away from the site in all commercial areas. 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. Alex Jordan CEC Project 192-773 Page 2 February 6, 2024 Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager Resolution BPW 02-21-24-04 Page 1 of 3 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. 03-06-24-06 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, ESTABLISHING THE SMALL PURCHASE POLICY Synopsis: This resolution adopts the City’s small purchase policy for purchases costing less than Fifty Thousand Dollars and designates the Chief of Staff as additional purchasing agent. WHEREAS, Indiana Code 5-22-8-2 authorizes the City’s purchasing agency to establish a policy regarding purchases that are expected to be less than Fifty Thousand Dollars; and WHEREAS, pursuant to Carmel City Code Section 2-182, the Board of Public Works and Safety (the “BPW”) is designated as the purchasing agency for all Executive Branch departments, commissions, agencies and other establishments of the Executive Branch, except for the Common Council, the City of Carmel Redevelopment Commission, the Carmel-Clay Board of Parks and Recreation, the City of Carmel Redevelopment Authority, the Carmel Economic Development Commission, and the Carmel Civic Square Building Corporation; and WHEREAS, pursuant to Indiana Code 5-22-4-5 and 6, the purchasing agency of a political subdivision can designate multiple purchasing agents to act as an agent for the purchasing agency in the administration of the duties of the purchasing agency; and WHEREAS, pursuant to its Resolution 09-02-98-08, the BPW has previously designated the Director of Administration as the BPW’s purchasing agent and granted him/her the authority to appoint an appropriate number of deputy purchasing agents; and WHEREAS, Director of Administration appointed each department head/director as a deputy purchasing agent for the City; WHEREAS, the BPW now desires to expand the list of purchasing agents to include the Chief of Staff as the BPW’s purchasing agent; WHEREAS, the BPW further desires to establish the Small Purchase Policy for purchases that are expected to be less than Fifty Thousand Dollars; NOW, THEREFORE, BE IT RESOLVED by the BPW of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Chief of Staff is hereby designated as an additional Purchasing Agent for the BPW. Section 3. Purchasing Agents are hereby authorized to make purchases of supplies, equipment, goods, materials and services, but excluding an interest in real property, that are expected to cost less than Fifty Thousand Dollars (collectively “Small Purchases”). Purchasing Agents are further authorized to negotiate and execute agreements on the BPW’s behalf for such Small Purchases without prior approval or ratification of the BPW, and without obtaining bids or quotes. Resolution BPW 02-21-24-04 Page 2 of 3 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. Section 4. Deputy Purchasing Agents are hereby authorized to make purchases of supplies, equipment, goods, materials and services, but excluding an interest in real property, that are expected to be less than Twenty Thousand Dollars. Deputy Purchasing Agents are further authorized to negotiate and execute agreements on the BPW’s behalf for purchases described herein without prior approval or ratification of the BPW or the Purchasing Agent, and without obtaining bids or quotes. Deputy Purchasing Agents shall seek agreement execution by the Chief of Staff for any purchase that is expected to be between Twenty Thousand and Forty Nine Thousand Nine Hundred Ninety Dollars and Ninety Nine Cents. Section 5. Deputy Purchasing Agents shall keep a list of all executed agreements under Twenty Thousand Dollars and, upon request, shall provide such list to the Purchasing Agent or the BPW. Section 6. The Chief of Staff is hereby granted authority to appoint an appropriate number of additional Deputy Purchasing Agents; however, only a head/director or a deputy head/director of the City departments can be appointed as additional Deputy Purchasing Agent. Each appointment and/or revocation shall be in writing, and each appointment must be acknowledged in writing by the Deputy Purchasing Agent. A copy of each appointment shall be provided to the City Clerk’s office within two business days of its acknowledgement by the Deputy Purchasing Agent. A copy of each revocation letter shall be provided to the City Clerk’s office within two business days of its issuance. Section 7. Purchase requirements contained herein may not be artificially divided to constitute a Small Purchase under this Resolution. Section 8. Purchasing Agents and Deputy Purchasing Agents shall comply with all other State and City laws, rules, policies, and procedures relating to purchasing of supplies, equipment, goods, materials and services, as well as any State and City laws, rules policies, and procedures related to document retention. Section 9. All previously established policies, rules, and orders or parts thereof inconsistent with any provision of this Resolution are hereby repealed or rescinded. Section 10. This Resolution shall be effective from and after adoption by the BPW. [Signature page follows.] Resolution BPW 02-21-24-04 Page 3 of 3 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. 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 BPW 02-21-24-04 Page 4 of 3 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. This Resolution was prepared by Benjamin J. Legge , Interim Corporation Counsel, on February 28, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. RESOLUTION NO. BPW 03-06-24-07 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY LIMITING THE USE OF THE CAUCUS ROOM 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’s Board of Public Works and Safety (the “Board”), pursuant to Indiana Code 36-9-6, has custody of and has the duty to supervise and maintain the City’s property, public streets, and public grounds; and WHEREAS, the Board finds that it is in the interest of public safety that the Caucus Room, located on the Second Floor, City Hall, One Civic Square, Carmel, IN 46032, should no longer be used for public meetings; and WHEREAS, the Board notes that Council Chambers, also located on the Second Floor, City Hall, One Civic Square, Carmel, IN 46032, is available for use for public meetings. 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. For public safety purposes, the Caucus Room, located on the Second Floor, City Hall, One Civic Square, Carmel, IN 46032, shall no longer be available for use for public meetings. Section 3. This Resolution is effective upon its passage. [the remainder of this page is left intentionally blank] Resolution No. BPW 03-06-24-07 Page One of Two This Resolution was prepared by Benjamin J. Legge , Interim Corporation Counsel, on February 28, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. SO RESOLVED. By the Carmel Board of Public Works and Safety BY: Sue Finkam, Mayor Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, City Clerk Resolution No. BPW 03-06-24-07 Page Two of Two