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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 03-20-24Board of Public Works and Safety Meeting Agenda Wednesday, March 20, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the March 06, 2024, Regular Meeting 2. BID OPENING AND AWARD a. Bid Award for 22-SW-01-Spring Mill Run Culvert Replacement; JKES Inc. dba Smith Projects; ($418,898.85); Jeremy Kashman, City Engineer b. Bid Award for 24-STR-02 Paving Program; Howard Companies; ($4,307,282.91); Matt Higginbotham, Street Commissioner c. Bid Opening for 2024 Fiber Infrastructure Project; Jeremy Kashman, City Engineer 3. PERFORMANCE BOND REDUCTION APPROVAL REQUEST a. Resolution BPW 03-20-24-02; Bond Release for Ambleside Sections 1A/1B; Erosion Control-Common Area; Platinum Properties Management Co, LLC b. Resolution BPW 03-20-24-03; Bond Release for Albany Village; Erosion Control- Common Area; Platinum Properties Management Co, LLC 4. CONTRACTS a. Request for Purchase of Goods and Services; Blunk Safety Systems, Inc; ($152,459.95); Vehicle Emergency Lighting Kits, Havis Package; Chief Drake Sterling, Carmel Police Department b. Request for Purchase of Goods and Services; Officeworks Services, LLC; ($50,852.11); Furniture for Department of Community Services Office; Additional Services Amendment; Mike Hollibaugh, Department of Community Services c. Request for Purchase of Goods and Services; TMT, Inc.;($79,803.30); Tree Mulching, Weed Control, and Other Landscaping Work; Additional Services Amendment; Mike Hollibaugh, Department of Community Services d. Request for Agreement for Professional Services; ($149,880.00); YARD Group, LLC d/b/a YARD & Company; Consulting Services for the Small Area Plan for Home Place; Additional Services Amendment; Mike Hollibaugh, Department of Community Services e. Request for Agreement for Professional Services; ($50,000.00); YARD Group, LLC d/b/a YARD & Company; Consulting Services for the Small Area Plan for the US-31 Corridor; Additional Services Amendment; Mike Hollibaugh, Department of Community Services f. Request for Agreement for Professional Services; ($180,000.00); CrossRoad Engineers, PC; 20-ENG-03 - 3RD Ave SW-Autumn Drive to 2nd Street-Construction Inspection-Supplement; Additional Services Amendment #1a; Jeremy Kashman, City Engineer g. Request for Agreement for Professional Services; ($85,000.00); CrossRoad Engineers, PC; 22-ENG-13 - 2022 Bond Various Path Projects-Design/Bid/Construction Inspection-Supplement; Additional Services Amendment #9a; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; JKES, Inc. dba Smith Projects; ($418,898.25); 22-SW-01 Springmill Run Culvert Replacement; Jeremy Kashman, City Engineer i. Resolution BPW 03-20-24-01; Request for Acknowledgment of Contract Between City and Vendor; ($115,000.00); Hollingsworth Sawmill, Inc; Risers for Ice Rink; Lisa Hartz, Director of Human Resources j. Request for Purchase of Goods and Services; Howard Asphalt LLC d/b/a Howard Companies; ($137,175.00); Asphalt Repairs; Additional Services Amendment; Matt Higginbotham, Street Commissioner 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Civic Square Fountain Area and Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-Fountain/Gazebo; Indianapolis- Carmel Children’s Festival; April 27, 2024; 7:00 AM to 4:00 PM; Greg Yoakam, Kids and Family Growth Foundation b. Request to Use Carter Green; Special Request to Use Electricity; Wedding Ceremony; June 1st, 2024; 2:00 PM to 6:30 PM; Kathy Ray, Hotel Carmichael c. Request to use Palladium East Patio on the Campus of the Center for Performing Arts; Special Request to Use Electricity; Wedding Ceremony; August 17, 2024; 2:00 PM to 6:00 PM; Kathy Ray, Hotel Carmichael d. Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-Fountain/Gazebo; Allstar PURE 80s Karaoke Koncert; September 7, 2024; 4:00 PM to 11:00 PM; Frank Smith III, The KNOWarrior, Karaoke Ninja Outlaw Warrior e. Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-Fountain/Gazebo; Benefit Concert to Feed the Hungry; September 14, 2024; 11:00 AM to 11:00 PM; Joe Brackemyre, International Disaster Emergency Service f. Request Use Midtown Plaza; Bike Carmel Slow Roll Dinner Cruise; June 11, 2024, June 25, 2024, July 9, 2024, July 23, 2024, August 13, 2024, and August 27, 2024; 5:00 PM to 7:00 PM; Matt Turner, Rollfast g. Request to Use Civic Square Fountain Area and Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-Fountain/Gazebo; Summer Concert Series at the Gazebo; May 29, 2024; June 5, 12, 19, 26, 2024; July 10, 17, 24, 31, 2024; August 7, 14, 21, 28, 2024; September 4, 11, 2024; Rain Dates September 18 and 25, 2024; 9:00 AM to 10:00 PM; Melanie Brewer, Fountain Square Committee 6. OTHER a. 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 TABLED ON 03-06-2024 b. Uniform Conflict of Interest Disclosure Statement; Gregory A Webb c. Request for Open Pavement Cut and Lane Restriction; 14333 & 14337 Gray Road; BL Brown Construction, Inc d. Request for Waiver of BPW Resolution No. 04-28-17-01; Springmill Road & Illinois Street; AES e. Request for Open Pavement Cut, Street and Sidewalk Closure; 211 1ST Ave NW; Zach Spitz, Excavation, Inc f. Request for Secondary Plat; Ambleside Section 2; Tim Berry, PE, Platinum Properties g. Request for Replat; RA Franke Lots 6 & 7; Brian Krieg, RQAW h. Request for Grant of Perpetual Stormwater Quality Management Easement; 14550 River Road; Harvest Bible Chapel i. Request for Grant of Perpetual Stormwater Quality Management Easement; 1300 E 96th Street, Neuro Driven Recovery; Sam Schmidt Foundation 7. ADD-ONS 8. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, March 6, 2024 – 10:00 a.m. 3 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 10:02 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 21, 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 22-ENG-13 Rohrer Road Multi-Use Path & Water Main; Jeremy Kashman, Director 24 of City Engineer, recommended awarding the quote to Globe Asphalt Paving Co., Inc., as they were 25 the lowest bid and most responsive. Board Member Potasnik moved to award the bid to Globe Asphalt 26 Paving Co., Inc in the amount of $946,310.92. Board Member Campbell seconded. Award approved 2-27 0. 28 Bid Opening for 24-STR-02 Paving Program; 29 Board Member Potasnik opened the bid and Board Member Potasnik read them aloud: 30 Contractor Bid Alternate 1 Bid Alternate 2 Bid 31 Milestone Contract $4,737,316.50 $395,236.29 $366,418.50 32 Rieth-Riley $4,695.517.28 $391,032.48 $371,997.25 33 Howard Asphalt $4,307,282.91 $363,804.17 $325,466.36 34 E & B Paving $4,502.316.49 $419,624.41 $391,962.60 35 36 Bid Opening for Spring Mill Run Culvert Replacement; 22-SW-01; 37 Board Member Potasnik opened the bid and Board Member Potasnik read them aloud: 38 Contractor Bid 39 JKES, Inc dba Smith Project $418,898.85 40 Conexo, Inc $547,115.00 41 All Star Paving, Inc. $481,477.05 42 Yarberry Companies, Inc. $474,989.00 43 United Construction Services, LLC $477,587.20 44 Indiana Earthworks, LLC $419,600.00 45 Morphey Construction, Inc. $542,300.00 46 47 48 PERFORMANCE BOND REDUCTION APPROVAL REQUEST 49 50 Resolution BPW 03-06-24-01; Bond Release for Bonbar at Monon Lake; BMP Structure, Common 51 Walk, and Erosion Control; Board Member Potasnik moved to approve. Board Member Campbell 52 seconded. Resolution was approved 2-0. 53 54 Resolution BPW 03-06-24-02; Bond Release for Courtyards of Carmel; Section 2 BMP Structure, 55 Section 3 Monument, and Section 3 Signs; Board Member Potasnik moved to approve. Board Member 56 Campbell seconded. Resolution was approved 2-0. 57 58 Resolution BPW 03-06-24-03; Bond Release for Jackson’s Grant, Section 8; Erosion Control; Board 59 Member Potasnik moved to approve. Board Member Campbell seconded. Resolution was approved 60 2-0. 61 62 CONTRACTS 63 Request for Purchase of Goods and Services; D. & L.S. Inc d/b/a Office Keepers; ($20,916.00); 64 Cleaning Services for the Fire Department Headquarters; Additional Services Amendment Board 65 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 66 67 Request for Purchase of Goods and Services; 3D Company, Inc;(NO Cost Change); 20-ENG-02-106th 68 and College Roundabout; CO #6; Board Member Potasnik moved to approve. Board Member 69 Campbell seconded. Change Order was approved 2-0. 70 71 Request for Purchase of Goods and Services; 3D Company, Inc;(-$16,501.00); 20-ENG-02-106th and 72 College Roundabout; CO #7; Board Member Potasnik moved to approve. Board Member Campbell 73 seconded. Change Order was approved 2-0. 74 75 Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.;(-$11,000.00); 16-ENG-76 37-116th Street and Medical Drive at Rangeline Road Roundabout; CO #7; Board Member Potasnik 77 moved to approve. Board Member Campbell seconded. Change Order was approved 2-0. 78 79 Request for Purchase of Goods and Services; Globe Asphalt Paving Co., Inc.; ($946,310.92); 22-80 ENG-13-Rohrer Rd Multi-Use Path & Water Main; Board Member Potasnik moved to approve. Board 81 Member Campbell seconded. Request was approved 2-0. 82 83 Request for Purchase of Goods and Services; HWC Engineering, Inc.; ($20,500.00); 22-ENG-09- 84 W Main Street Reconstruction-Old Meridian to Guilford; Additional Services Amendment #1; Board 85 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 86 87 Request for Purchase of Goods and Services; RQAW Corporation; ($9,850.00); 22-ENG-11 Carmel 88 Path-141st Street from West Road to Spring Mill Road; Additional Services Amendment #2a; Board 89 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 90 91 Request for Purchase of Goods and Services; The Taylor Realty Group, PC; ($12,430.00); 22-ENG-92 02-Second Appraisals-116th Path-US 421 to Town Road; Additional Services Amendment #3b; Board 93 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 94 95 Resolution BPW 03-06-24-10; Request for Acknowledgment of Contract between City and Vendor; 96 James Barlow; Amendment to Professional Services Agreement; Board Member Potasnik moved to 97 approve. Board Member Campbell seconded. Resolution was approved 2-0. 98 Resolution BPW 03-06-24-04; Request for Acknowledgment of Contract between City and Vendor; 99 Smock Fansler Corporation; ($238,535.00); 24-STR-01 Vault Installation; Board Member Potasnik 100 moved to approve. Board Member Campbell seconded. Resolution was approved 2-0. 101 102 Request for Purchase of Goods and Services; Thomas A. Brady Sports Medicine, P.C. d/b/a Forte 103 Sports Medicine and Orthopedics; ($50,000.00); Medical Services; Professional Services Agreement; 104 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 105 approved 2-0. 106 107 REQUEST TO USE CITY STREETS/PROPERTY 108 Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 109 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24 110 Board Member Potasnik moved to take the request from the table. Board Member Campbell seconded. 111 Approved 2-0. Board Member Potasnik moved to approve. Board Member Campbell seconded. 112 Request approved 2-0 113 114 Request to Use/Close City Streets, Closure of Cranston Ave from Old Meridian to the Providence 115 Parking Lot Just Behind the Brockway Pub and the North Bound Lane of Old Meridian from West 116 Carmel Drive to Grand Blvd for Annual St. Patrick’s Day Celebration; March 14-17, 2024; 8:00 AM 117 to 11:00 PM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 118 was approved 2-0. 119 120 Request to Use/Lane Restriction of City Streets, Lane Restrictions of North/East Bound Lanes of Old 121 Meridian Street from Cranston Ave; Carmel Fire Department Pumper Pull/Annual St. Patrick’s Day 122 Celebration; March 16, 2024; 3:00 PM to 7:00 PM; Board Member Potasnik moved to approve. 123 Board Member Campbell seconded. Request was approved 2-0. 124 125 Request to Use/Close City Streets, Use Veteran’s Way at Main to Right After Our First Parking Lot 126 Entrance; Annual Shamrock the District Tent Party; March 15-18, 2024; 8:00 AM to 9:00 AM; Board 127 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 128 129 Request to Use/Block Parking Spots; Block Parking Spots on City Center Drive by the Palladium for a 130 40 Foot RV; March 6-7, 2024; 8:00 AM to 4:00 PM; Board Member Potasnik moved to approve. 131 Board Member Campbell seconded. Request was approved 2-0. 132 133 Request to Use City Streets; Sam Costa Run; March 23, 2024; 7:00 AM to 2:00 PM; Board Member 134 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 135 136 OTHER 137 138 Uniform Conflict of Interest Disclosure Statement; Board Member Potasnik moved to approve. Board 139 Member Campbell acknowledged. Acknowledgment was approved 2-0. 140 141 Resolution BPW 03-06-24-05; Transfer of Real Property to Third Party; Amending the Minimum Sales 142 Price for the Sale of Excess Real Property located near 96th Street and Keystone Parkway That is Not 143 Needed for Public Purpose; Sergey Grechukhin, Corporate Counsel, briefly speaks that this is 144 resolution to amend a sales price on a piece of property that the city owns at the intersection of 96th 145 Street and Keystone Parkway. Sergey gives a brief description of the property through a exhibit on the 146 projector. The property was first decided to be sold back in 2020 through Council and BPW 147 resolutions that established a minimum sale price of 1.7 million dollars. The appraisals for the 148 property came in at a much lower price of $800,000 and $770,000. Through a bidding process, we did 149 not receive any bids. The city then hired a Broker per Indiana code to sell the property directly and we 150 finally received an offer of $1,000,060.00 which is still above both appraisals. To complete the sale we 151 are requesting two things; reduce the minimum sales price to $1,000,060.00 and appoint Jim Crider, 152 Chief of Staff to finalize the sale. Board Member Potasnik moved to approve the sale price of 153 $1,000,060.00 and acknowledging Jim Crider to be a part of the process. Board Member Campbell 154 seconded. Resolution was approved 2-0 155 156 Resolution BPW 03-06-24-08; Designating and Approving the Placement of Speed Limit Signs on City 157 Streets Within the Immediate Vicinity of a School; Within Immediate Proximity to Coram Deo 158 Academy, Along Congressional Blvd, N College Ave, and 117th Street; Board Member Potasnik moved 159 to approve. Board Member Campbell seconded. Resolution was approved 2-0. 160 161 Resolution BPW 03-06-24-09; Lease of Real Property to a Third Party; Lease of Property Located at 162 10583 Lakeshore Drive East That is Not Needed for a Public Purpose and Establish Minimum 163 Monthly Rent; Sergey Grechukhin, Corporate Counsel, request that this resolution be tabled. Sergey 164 gives a brief description of the property through an exhibit on the projector. The city wants to lease the 165 property. This resolution will first need to be approved through City Common Council because the 166 proceeds exceed $25,000.00. The City Common Council has moved this item to a committee for further 167 consideration. It has not been approved yet and that is the first step in this process so we will be 168 bringing the item back to the Board of Public Works once it has cleared with Council. TABLED Board 169 Member Potasnik moved to table the Resolution. Board Member Campbell seconded. Tabling approval 170 2-0 171 172 Request for Curb Cut; 11100 Queens Way Circle; Board Member Potasnik moved to approve. Board 173 Member Campbell seconded. Request was approved 2-0. 174 175 Request for Open Pavement Cut and Sidewalk Restrictions; 9703 N Michigan Road; Board Member 176 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 177 178 Request for Public Right of Way Dedication; 3927 & 4005 W 141st Street; Board Member Potasnik 179 moved to approve. Board Member Campbell seconded. Request was approved 2-0. 180 181 Request for Stormwater Technical Standards Waiver; L’Etoile; 833 W Main Street; Board Member 182 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 183 184 Request for Consent to Encroach; 5909 Garden Gate Way; Board Member Potasnik moved to 185 approve. Board Member Campbell seconded. Request was approved 2-0. 186 187 Request for Secondary Plat; Ambleside Section 2; Board Member Potasnik moved to approve. Board 188 Member Campbell seconded. Request was approved 2-0. 189 190 Resolution BPW 03-06-24-06; Establishing the Small Purchase Policy; Adopt the City’s Small 191 Purchase Policy for Purchases Cost Less Than Fifty Thousand Dollars and Designates the Chief of 192 Staff as Additional Purchasing Agent; Sergey Grechukhin, Corporate Counsel briefly notes; The Small 193 Purchase Policy authorizes department heads to enter into contracts without the Board’s approval for 194 the purchase of supplies, equipment, goods and services that are expected to cost less than $20,000. 195 Further, the Chief of Staff is authorized to execute contracts that are expected to be less than $50,000 196 without BPW approval. Except for the executing party, the process of contract approval will remain 197 the same. The Legal Department will still either draft or review all the contracts, the purchase orders 198 will be issued, and contracts will still be subject to document retention policy and be available for 199 review. Therefore, keep following the same process for contracts under $50,000 up until you obtain a 200 signature from vendor/contractor. Additionally, the department heads are instructed to keep a list of 201 all the executed small purchase contracts and present such a list to the Chief of Staff or the BPW if 202 requested. Board Member Potasnik moved to approve. Board Member Campbell seconded. Resolution 203 was approved 2-0. 204 205 Resolution BPW 03-06-24-07; Limits the Use of the Caucus Room; For Public Safety Purposes, the 206 Caucus Room, located on the Second Floor, City Hall, One Civic Square, Carmel, IN 46032, Shall No 207 Longer be Available for Use for Public Meetings; Board Member Potasnik moved to approve. Board 208 Member Campbell seconded. Resolution was approved 2-0. 209 210 ADD-ONS 211 212 ADJOURNMENT 213 214 Board Member Campbell adjourned the meeting at 10:32 AM 215 216 217 218 219 220 221 222 223 224 APPROVED: ____________________________________ 225 Jacob Quinn – City Clerk 226 227 228 _____________________________________ 229 Mayor Sue Finkam 230 231 232 ATTEST: 233 __________________________________ 234 Jacob Quinn – City Clerk 235 236 To: Board of Public Works Date: March 12, 2024 and Safety City of Carmel, Indiana Resolution No: BPW-03-20-24-02 From: CITY ENGINEER Principal: Platinum Properties Management Co, LLC Surety: Great American Insurance Board Members: I have conducted final inspection at Ambleside, Sections 1A/1B for the following improvements: ITEM SURETY NUMBER AMOUNT EROSION CONTROL-COMMON AREA 3739870 $87,700.00 The above improvements have been inspected and are acceptable to the City of Carmel. I recommend acceptance of said improvement, subject to the following conditions: 3-year maintenance guarantees to replace the surety listed above must be submitted to replace the performance guarantee. The required maintenance guarantee amounts are as follows: ITEM AMOUNT EROSION CONTROL-COMMON AREA $8,700.00 APPROVED: _____________________________ Jeremy Kashman, City Engineer Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this 20th day of March, 2024, that the performance guarantee for Ambleside, Sections 1A/1B listed above is accepted and released by the City of Carmel, Indiana subject to any conditions listed above. Signed:_____________________________(Presiding Officer) _____________________________ (Member) _____________________________ (Member) Board of Public Works and Safety To: Board of Public Works Date: March 12, 2024 and Safety City of Carmel, Indiana Resolution No: BPW-03-20-24-03 I From: CITY ENGINEER Principal: Platinum Properties Management Co, LLC Surety: Great American Insurance Board Members: I have conducted final inspection at Albany Village for the following improvements: ITEM SURETY NUMBER AMOUNT EROSION CONTROL-COMMON AREA 3739984 $71,030.00 The above improvements have been inspected and are acceptable to the City of Carmel. recommend acceptance of said improvement, subject to the following conditions: 3-year maintenance guarantees to replace the surety listed above must be submitted to replace the performance guarantee. The required maintenance guarantee amounts are as follows: ITEM AMOUNT EROSION CONTROL-COMMON AREA $7,103.00 APPROVED: _____________________________ Jeremy Kashman, City Engineer Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this 20th day of March, 2024, that the performance guarantee for Albany Village listed above is accepted and released by the City of Carmel, Indiana subject to any conditions listed above. Signed:_____________________________(Presiding Officer) _____________________________ (Member) _____________________________ (Member) Board of Public Works and Safety CzTfshfzHsfdivlijobu3;54qn-Nbs22-3135 Blunk Safety Systems, Inc. Police Department - 2024 Appropriation #1110 0 44-670.99 Capital Lease Fund; P.O. #110926 Contract Not To Exceed $152,459.95 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. Blunk Safety Systems, Inc. Police Department - 2024 Appropriation #1110 0 44-670.99 Capital Lease Fund; P.O. #110926 Contract Not To Exceed $152,459.95 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. Blunk Safety Systems, Inc. Police Department - 2024 Appropriation #1110 0 44-670.99 Capital Lease Fund; P.O. #110926 Contract Not To Exceed $152,459.95 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Police Department Office of Corporation Counsel Three Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Blunk Safety Systems, Inc. 4113 Turner Road Richmond, Indiana 47374 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide Blunk Safety Systems, Inc. Police Department - 2024 Appropriation #1110 0 44-670.99 Capital Lease Fund; P.O. #110926 Contract Not To Exceed $152,459.95 such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2024 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 CzTfshfzHsfdivlijobu4;1:qn-Nbs24-3135 AccountExecutive: LoganCooper lcooper@officeworks.net Phone:317-610-6776 Prepared By:ASBillTo:InstallationAddress: Client Contact :Lisa MotzInstallation Contact :Lisa Motz City of CarmelCity of Carmel 1 Civic Square1 Civic Square CarmelIN46032CarmelIN46032 Contact Phone :Contact Phone : ProposalNumber: 29729 Page 1 of 5CityofCarmel Conference Room & Add-ons QtyPart NumberPart DescriptionSellExt Sell ADRIENNE 11B2JK7-+Lock Plug and Key,Chrome UM Series$0.00$0.001HMI Key Number 305+key number 305 1L2PT.4630RSLLK$1,336.16$1,336.162@PersonalTower - Tall, Resident Interior, OpenHMG Left, Lam Case/Front, Bar Pull, 46H 30D Case/Front Finish LBC+walnut on ash Pull Finish MS@metallic silver Interior Finish 91@white Power NNN@no cutout Lock Option KA+keyed alike 1,336.16Subtotal: CONFERENCETABLE 4APT-6648-PE-PA$6,627.23$26,508.923Approach, Rectangle Nesting - Non-Grain MatchedNUCRAFT Individual Tables, 66"L x48"W, Laminate Top with ABS Edge, Painted Base WOLOPT: Woodgrain Laminates 8841-58LAM: White Ash N:\\Design Project Files\\City of Carmel\\2024\\29729- Conference Room\\CAP\\29729- CoC P&Z Conference Room.sp43/8/2024 Page 2 of 5CityofCarmel Conference Room & Add-ons QtyPart NumberPart DescriptionSellExt Sell R01ABS EDGE: Whitecap S8007PAINTED BASE: Galaxy POMETAL: Standard Powder Coat Leg A8007METAL: Galaxy Powder Coat Keep Ganging Connectors RMPOPT: Remove Modular Power 26,508.92Subtotal: DAVID 11B2JK7-+Lock Plug and Key,Chrome UM Series$0.00$0.004HMI Key Number 306+key number 306 1L2PT.4630RSRLK$1,336.16$1,336.165@PersonalTower - Tall, Resident Interior, OpenHMG Right, Lam Case/Front, Bar Pull, 46H 30D Case/Front Finish LBC+walnut on ash Pull Finish MS@metallic silver Interior Finish 91@white Power NNN@no cutout Lock Option KA+keyed alike 1,336.16Subtotal: LAPTOPARM 2Y91171.CM$219.38$438.766FloSngle-Screen Monitor Arm Support,SurfHMI Clamp Finish white0J 2Y95011.@Ollin Laptop and Tablet Mount$76.88$153.767HMI Finish 0J@white 592.52Subtotal: N:\\Design Project Files\\City of Carmel\\2024\\29729- Conference Room\\CAP\\29729- CoC P&Z Conference Room.sp43/8/2024 Page 3 of 5CityofCarmel Conference Room & Add-ons QtyPart NumberPart DescriptionSellExt Sell MOBILEPED 11B2JK7-+Lock Plug and Key,Chrome UM Series$0.00$0.008HMI Key Number 310+key number 310 11B2JK7-+Lock Plug and Key,Chrome UM Series$0.00$0.009HMI Key Number 308+key number 308 2LG890.120+Pedestal Add-On Cushion Top 1H 20D$78.30$156.6010HMI Cushion Top Fabric 8R+twist-PrCat 2 8R_Colors 35+twist waterfall 2LK11D.20BF+Ped Bar Pull,Mobile,Ptd Mtl Frnt, 20D B/F$305.44$610.8811HMI Slides SB+full-extension ball-bearing Paint/Steel Type XS+textured paint on smooth steel Surface Finish 98+studio white Lock KA+keyed alike Pull Finish 98+studio white Drawer Interior 5M+pencil tray in box drawer, 2file converters in file drawer Handle HN+no hand grip 767.48Subtotal: MONITORARMS 4Y91171.CM$219.38$877.5212FloSngle-Screen Monitor Arm Support,SurfHMI Clamp Finish 0J+white 877.52Subtotal: N:\\Design Project Files\\City of Carmel\\2024\\29729- Conference Room\\CAP\\29729- CoC P&Z Conference Room.sp43/8/2024 Page 4 of 5CityofCarmel Conference Room & Add-ons QtyPart NumberPart DescriptionSellExt Sell POWERUNIT 3Y1423.IA06$345.94$1,037.8213LogicC1000UniversalClampMountHMI Distributor,4simplex receptacles, 1pwr USB A/C Combo,pwr cord w/ plug end,6' cord/conduit Finish 98@studio white 1,037.82Subtotal: SEATING - ARMS 16PIA1B225HF$586.50$9,384.0014VerusWkChair, Assembled,uphstHMI back,standard-height range,semi synchronous w/ tilt limiter,height-adjustable arms,fixed seat Base/Frame Finish BK+black base/black frame Casters BB+21/2" hard caster, black yoke, carpet only Fabric 3SY+sync-Pr Cat 4 3SY_Colors 11+sync dark carbon 9,384.00Subtotal: SEATING - NOARMS 4$522.00$2,088.00PIA1B225NF15VerusWkChair, Assembled,uphstHMI back,standard-height range,semi synchronous w/ tilt limiter,no arms,fixed seat depth,not fire Base/Frame Finish BK+black base/black frame Casters BB+21/2" hard caster, black yoke, carpet only Fabric 3SY+sync-Pr Cat 4 3SY_Colors 11+sync dark carbon 2,088.00Subtotal: SITTOSTAND 2DU6ACS.3072LE$1,658.81$3,317.6216@RenewRectTbl, C-Foot,Sq-Edge,LamHMI Top/Thermo Edge,Elec Std Range, 30D 72W N:\\Design Project Files\\City of Carmel\\2024\\29729- Conference Room\\CAP\\29729- CoC P&Z Conference Room.sp43/8/2024 Page 5 of 5CityofCarmel Conference Room & Add-ons QtyPart NumberPart DescriptionSellExt Sell Hidden Power Access PLA@leg access Switch Option SUD@simple up down Top Finish LBQ@white twill Edge Finish LBQ@white twill Leg/Foot Finish MS@metallic silver leg with metallic silver foot rd Cover/Cable Management PHD@high density cable trough Power Access Cutout NNN@no cutout Casters/Glides 57@glides 3,317.62Subtotal: INS Installation Services$2,365.61$2,365.61OWI SSS-S Sales Support Services$1,240.30$1,240.30OWI 50,852.11Total: Client Signature: _________________________________________Date: ______________ Please check box ifyou would like to be billed electronically. Please refer toour Terms and Conditions ofPurchase with Signature. Pricing valid for 30 days upon receipt ofquote. Note: There will be a2.5% fee added topay by credit card. Payment by credit card via PayPal can be arranged by emailing owreceivables@officeworks.net OfficeWorkswouldliketothank youforyourconsiderationofthis proposal and welook forwardtohelpingyoucreateyourgreatplacetowork! YourOfficeWorksTeam N:\\Design Project Files\\City of Carmel\\2024\\29729- Conference Room\\CAP\\29729- CoC P&Z Conference Room.sp43/8/2024 2/27/2024 T M T INC WESTFIELD, IN 46074 - 110936 1719 W 161ST ST 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 Mulch contract from street department as of 2024 going forward Dept of Community Service 1 Civic Square Carmel, IN 46032- 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 85305 1192Department:101Fund:General Fund 43-504.00Account: Tree mulching, weed control & other landscapingwork1 $79,803.30 $79,803.30Each 79,803.30SubTotal 79,803.30 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. 110936 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh Director CzTfshfzHsfdivlijobu:;61bn-Nbs25-3135 3/12/2024 YARD & COMPANY CINCINNATI, OH 45201 - 110978 PO BOX 1058 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 Home Place Subarea Plan Additional Work Dept of Community Service 1 Civic Square Carmel, IN 46032- 376189 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 85712 1192Department:101Fund:General Fund 43-404.00Account: Consultingservices1 $31,283.87 $31,283.87Each 31,283.87SubTotal 31,283.87 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. 110978 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Chief of Staff CzBmmjtpoMzodi.NdHsbuibu:;5:bn-Nbs25-3135 CzTfshfzHsfdivlijobu21;15bn-Nbs24-3135 CzBmmjtpoMzodi.NdHsbuibu:;5:bn-Nbs25-3135 CzTfshfzHsfdivlijobu21;3:bn-Nbs24-3135 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 thereof. 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 due and 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 so as not to violate any term, covenant or condition of the Contract Documents or applicable codes and laws. 2 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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 if it 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 3 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 Agreement have been selected by Contractor based upon City’s stated use and are fit and sufficient 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 and due 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. 4 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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. 5 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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 sole cost 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 so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to 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, but not 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, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. 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, but not 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 6 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 satisfactory to City and provide certificates of such insurance to City upon its written request. Should Contractor fail or neglect to provide the required insurance, or allow any required coverage to lapse, City shall have the right, but not the 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. 7 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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 so as to avoid or minimize disputes 8 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 or disagreements. If disputes or disagreements do arise, City and Contractor each commit to 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 9 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 accordance with this Agreement. 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 if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Contractor: JKES, Inc. d/b/a Smith Projects PO Box 189 Maxwell, Indiana 46154 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. 10 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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: 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 11 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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. 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 12 JKES, Inc. d/b/a Smith Projects Engineering Department - 2024 Appropriation #2200 0 44-628.71 2020 Storm Water Bond Fund; P.O. #110962 Contract Not To Exceed $418,898.25 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. 38. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Contractor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 39. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 40. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Contractor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. 13 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. RESOLUTION NO. BPW 03-20-24-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be 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: Hollingsworth Sawmill, Inc. Human Resources Department - 2024 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110860 Contract Not To Exceed $115,000.00 AGREEMENT FORPURCHASE OFGOODS ANDSERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Hollingsworth Sawmill, Inc. an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 922 922 43-509.00 Ice Rink fund. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Hundred Fifteen Thousand Dollars ($115,000.00) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. All payments and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. S:\\Contracts\\Departments\\HR\\2024\\Hollingsworth Sawmill, Inc Goods and Services.docx:2/12/2024 10:28 AM\] 1 Hollingsworth Sawmill, Inc. Human Resources Department - 2024 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110860 Contract Not To Exceed $115,000.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\HR\\2024\\Hollingsworth Sawmill, Inc Goods and Services.docx:2/12/2024 10:28 AM\] 2 Hollingsworth Sawmill, Inc. Human Resources Department - 2024 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110860 Contract Not To Exceed $115,000.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. S:\\Contracts\\Departments\\HR\\2024\\Hollingsworth Sawmill, Inc Goods and Services.docx:2/12/2024 10:28 AM\] 3 Hollingsworth Sawmill, Inc. Human Resources Department - 2024 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110860 Contract Not To Exceed $115,000.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Human Resources Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Hollingsworth Sawmill, Inc. 6810 W 400 S Russiaville, Indiana 46979 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide S:\\Contracts\\Departments\\HR\\2024\\Hollingsworth Sawmill, Inc Goods and Services.docx:2/12/2024 10:28 AM\] 4 Hollingsworth Sawmill, Inc. Human Resources Department - 2024 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110860 Contract Not To Exceed $115,000.00 such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2024 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. S:\\Contracts\\Departments\\HR\\2024\\Hollingsworth Sawmill, Inc Goods and Services.docx:2/12/2024 10:28 AM\] 5 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 110860 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION RISERS FOR ICE RINK - 50% PAID IN ADVANCE2/5/2024377459 HOLLINGSWORTH LUMBER Human Resources VENDORSHIP6810W400S 1 Civic Square TO Carmel, IN 46032- RUSSIAVILLE, IN 46979 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 84674 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 922922Ice Rink Fund Account: 43-509.00 Each1RISERS FOR ICE RINK$115,000.00$115,000.00 Sub Total 115,000.00 Send Invoice To: Human Resources 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 115,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Rebecca CarlJames Crider TITLEDirectorDirector of Administration CONTROL NO. 110860 CONTROLLER CzTfshfzHsfdivlijobu22;2:bn-Nbs19-3135 Howard Asphalt LLC d/b/a Howard Companies Street Department - 2023 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. # 110430 Contract Not To Exceed $137,175.00 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Street Department Bid Proposal Package for “23-STR-11 Asphalt Repairs” received by the City of Carmel Board of Public Works and Safety on or about December 6, 2023, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Asphalt Repairs.docx:12/11/2023 2:23 PM\] 2 Howard Asphalt LLC d/b/a Howard Companies Street Department - 2023 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. # 110430 Contract Not To Exceed $137,175.00 request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Asphalt Repairs.docx:12/11/2023 2:23 PM\] 3 Howard Asphalt LLC d/b/a Howard Companies Street Department - 2023 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. # 110430 Contract Not To Exceed $137,175.00 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W. 131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Howard Asphalt LLC d/b/a Howard Companies 2916 Kentucky Avenue Indianapolis, Indiana 46221 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Asphalt Repairs.docx:12/11/2023 2:23 PM\] 4 Howard Asphalt LLC d/b/a Howard Companies Street Department - 2023 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. # 110430 Contract Not To Exceed $137,175.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2023 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Asphalt Repairs.docx:12/11/2023 2:23 PM\] 5 Howard Asphalt LLC d/b/a Howard Companies Street Department - 2023 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. # 110430 Contract Not To Exceed $137,175.00 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services - Asphalt Repairs.docx:12/11/2023 2:23 PM\] 6 3a\]j2evan deab &ej\]j_e\]h /bbe_an ÐËÄËÒÓÏÑÊÏ ÍÄÏÄÌÊÌÎ Exhibit A City of Carmel Street Department 23-STR-11 Asphalt Repairs Project Specifications TheCity ofCarmel Street Department isreceiving quotes forthefollowing project details. Cost for this project must not exceed $140,000.00. This project cost must include asphalt repairs and maintenance of traffic. The lowest responsive cost will be determined by the cost per square yards. Any questions can be directed toJames Rundle at jrundle@carmel.in.gov. See attached road list with square yardages for this project. stCompletiondate: July1, 2024. Standards for concrete andpaving mustbe2022 INDOT standards, Section 402forasphalt. Pavement After bidhasbeenawarded, apreconstruction meeting willbescheduled wherethecontractor must submit adesign mixfortheconcrete andasphalt pavement. Awarded contractor must replacetraffic markings androadpavement markers totheoriginal layout, unless instructed otherwise. Anyadditional lineitems outside original quotemust beapproved andhaveasigned change order before work canbeperformed. Allstreets tobeproperly cleaned before applying materials. Allmaterials shallcomplywith currentIndiana State Highway Standard specifications formaterial supplied andforapplication ofmaterials. Bidder tofurnish allequipment asrequired toprocess and apply materials. Asphalt plants shallbeowned bybidder andapproved bytheIndiana Department of Highways. Some work ononeormore Citystreets willhavetobecoordinated withother work onthestreet. There willbenowork donewithout firstcontacting theCarmel Street Commissioner forapproval of dates, timesandlocations. Anagreement ofconditions shallbesigned bythe accepted bidder. TheCitymay require thattrucks provide tickets thatcertify theweight ofthematerial delivered. Allstripingshallbeputbackwiththermoplastic perINDOT specifications. Alldurablepavement marking material istobeassetoutintheManual on Uniform Traffic Control Devices within 14daysoffinalpave. Proper signage andtraffic control will betheresponsibility ofthesuccessful bidder. (For example: Inresidential areas, proper notification toresidents ofpaving dates willbetheresponsibility ofthe successful contractor. Formilling purposes, any damage tomanhole covers willbethe responsibility ofthebidder. Butyl rubber orKentsealwill beusedwhen resetting manholes. Duetothepotential damage toroadway surfaces, alltrac machines willbe moved bytruck from streetto street andwillnotbedriven onexisting City roadways. Insome areas, there arebrick pavers orstamped concrete. Special useofsand plywood needtobeusedtoprotect those areas fromtacandasphalt. Allcoldjoints shallbecutsquare. Where newpavement meets newpavement, theseam must bedouble-tacked. Forthe purposes ofthe contract, any areas dugout andreplaced willconsist ofthefollowing: Binder Surface THERMOPLASTIC Application: Thermoplastic marking material shall beusedonasphalt pavements unless otherwise specified ordirected. The pavement surface shallbeprimed withabinder material inaccordance withthe extrusion, orribbon typeextrusion airless spray when thepavement temperature is50degrees Fahrenheit 10degrees Celsius) orabove. Theaverage thickness ofeach36in. (910 mm) length ofthermoplastic marking shallbenoless than3/32in. (2.5mm) normore than3/16in. (5m). Immediately following the application ofthethermoplastic markings, additional reflectorization shallbeprovided byapplying glass beads tothe surface ofthemolten material atauniform minimum rateof6lb./100sq. ft. (2.9kg/10m²) of marking. Equipment: Themachine usedforthespray application ofthermoplastic markings shallconsist ofa kettle formelting thematerial andanapplicator forapplying themarkings. Alloftheequipment required forpreheating and applying thematerial shallmaintain auniform material temperature within the specified limits, without scorching, discoloring oroverheating anyportion ofthematerial. Themachine shallbeequipped withthe following: anairblast device for cleaning thepavement ahead of themarking operation; aguide pointer tokeepthemachine on anaccurate line; atleasttwospray guns whichcan beoperated individually orsimultaneously; agitators; acontrol device tomaintain uniform flowandapplication; anautomatic device which willprovide abroken lineoftherequired length; and an automatic glass beaddispenser which issynchronized withthemarking application. Preformed PlasticApplication: TheContractor shall provide theDepartment withoriginal copies installa become theproperty oftheDepartment. Preformed plastic shallbeapplied when theairtemperature isaminimum of60degrees Fahrenheit (16 degrees Celsius) and rising, andthepavement temperature isaminimum of70degrees Fahrenheit (21 degrees Celsius). Prior towork beginning, contractors must provide E-Verifydocumentation. Additionally, the Street Department willwork with theawarded contractor tocoordinate publicoutreach andplanning. Please return all quotes in a sealed envelope 46032 to be opened publicly at the Board of Public Works and Safety by 10 a.m. EST November th15, 2023. Project StreetFromToSYS W 96th StMichiganRdCity Limits8,100 DumbartonStW Main13140 Dumbarton750 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. Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 110430 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/6/2023372681 HOWARD COMPANIES Street Department VENDORSHIP2916KENTUCKYAVE 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46221 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 83053 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-502.02 1EachAsphalt Repairs$137,175.00$137,175.00 Sub Total 137,175.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 137,175.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 110430 CONTROLLER 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: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay 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. Indianapolis-Carmel - Event Map 2024.pdf 199.64KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: No closures are required. We will not be using the street. 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 Event Use/Purpose: 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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* 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 Indianapolis-Carmel Children's Festival is fun, free event family event. It is to help parents find summer camps, activities and other items for their family. We also do a magician show, fun performances by local dance groups, a couple bounce houses and other fun activities. The event benefits Kids & Family Growth Foundation that pays for classes & educational programs for underprivileged children. Provide a brief description of event Event is free to attend. It's a fun day for families that includes face painter, balloon artist, magician show, local dance groups (Gregory Hancock Theatre, Indianapolis Ballet), bounce houses, fun small animals from Hedge Hog Hanna, and other fun activities. It's also a chance for parents to find summer camps and other classes/programs for their kids. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 4/27/2024 4/27/2024 7:00:00 AM 4:00:00 PM 12:00:00 PM 3:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 400 Fees? Vendors Vendors Present * Contact Person * Email * Phone Number:* Cell Number: Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage We are using the Gazebo for the 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 tents for the vendors and check in. Everyone brings their own Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Jump N Play Party Rentals is providing the bounce houses. Hedge Hog Hanna is providing the small animal petting zoo. Name of Merchants(s) doing the setup 3178389408 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? 40-50 6. CONTACT INFORMATION: Greg Yoakam greg.yoakam@kidslinked.com 6143543227 6143543227 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. Kids and family growth foundation City Indianapolis State / Province / Region IN Postal / Zip Code 46226 Country United States Street Address 841 Industrial Pkwy - Unit #80 Address Line 2 NA Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 4/27 in Carmel! 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. Kids & Family Growth Foundation Name of Organization/Applicant Signature of Authorized Agent/Applicant Greg Yoakam - CEO Printed Name and Title (If applicable) 6143543227 Phone Number (Required) 841 Industrial Parkway - Unit 80 Indianapolis, IN 46226 Address of Organization/Applicant 2/29/2024 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 CARTER GREEN 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. FACILITY * Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Include addresses as appropriate Department Recommendation: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: No Parking Signs * Event Use/Purpose: 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: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other for Music for Wedding Ceremony 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 None Requested 5. EVENT DETAILS: Wedding Ceremony for 130 guests on Carter Green for Hotel Carmichael wedding 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 Time: AM/PM * Provide a brief description of event 130 guests on Carter Green for Hotel Carmichael Wedding. Hotel will provide 130 white wooden chairs setting up at 2 pm for 5 pm wedding and tearing down by 6:30 pm. (1) 6' x 30" table will be provided for DJ. DJ needs a live electrical outlet. PLEASE NOTE: Since the City of Carmel is the 50% owner of Hotel Carmichael we request NO SECURITY DEPOSIT. We also request: January 12, 2024 was the original date the application was sumbitted to the City of Carmel. No business or person requesting Carter Green should have preference over Hotel Carmichael if the request came in between January 12, 2024 and February 27, 2024 Thank you! Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/1/2024 6/1/2024 2:00:00 PM 6:30:00 PM 5:00:00 PM 6:00:00 PM NA 5/31/2024 4:00:00 PM Rehearsal End Time: AM/PM * Number of People Expected: Fees? Vendors Contact Person Email 5:00:00 PM 24 Will a Fee be charged for this event? If yes, please describe below. YES NO EVENT SET UP: Mark all that apply Stage No 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: Mark all that apply 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 Public Use Policy. N/A 6. CONTACT INFORMATION: Kathy Ray kray@hotelcarmichael.com 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 previsously granted request to use a City facility for any lawful reason. 3176889611 Hotel Carmichael City Carmel State / Province / Region IN Postal / Zip Code Country United States Street Address Address Line 2 1 Carmichael Square For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: 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. Hotel Carmichael Name of Organization/Applicant Signature of Authorized Agent/Applicant Kathy Ray, Catering Sales Manager Printed Name and Title (If applicable) 317-688-9611 Phone Number (Required) 1 Carmichael Square Carmichael, 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 CARTER GREEN 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. FACILITY * Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Include addresses as appropriate Department Recommendation: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: No Parking Signs * Event Use/Purpose: Description of Event: Event Date Start Event Date End 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: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other for DJ 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 To be placed on poles directly in front of flower garden. Please note the number of NO PARKING SIGNS needed 6 5. EVENT DETAILS: Wedding Ceremony for 130 guests. Wedding reception at Hotel Carmichael Provide a brief description of event Wedding Ceremony 5 pm - 6 pm on Palladium East Patio Hotel will provide white wooden chairs at 2 pm after Farmer's Market Vendors depart and (1) 6 ft table and chair for DJ. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 8/17/2024 8/17/2024 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 Time: AM/PM * Rehearsal End Time: AM/PM * Number of People Expected: Fees? 2:00:00 PM 6:00:00 PM 5:00:00 PM 6:00:00 PM NA 8/16/2024 5:00:00 PM 6:00:00 PM 24 Will a Fee be charged for this event? If yes, please describe below. YES NO EVENT SET UP: Mark all that apply 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: Mark all that apply 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 Public Use Policy. N/A 6. CONTACT INFORMATION: Kathy Ray kray@hotelcarmichael.com 3176889611 Hotel Carmichael City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address Address Line 2 1 Carmichael Square For-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 previsously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: 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. Hotel Carmichael Name of Organization/Applicant Signature of Authorized Agent/Applicant Kathy Ray Printed Name and Title (If applicable) 317-688-9611 Phone Number (Required) 1 Carmichael Square Carmel, IN 46032 Address of Organization/Applicant 3/4/2024 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: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay 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 Event Use/Purpose: 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? 5. EVENT DETAILS PURE ENTERTAINMENT Provide a brief description of event The All star PURE 80s Karaoke Koncert! September 7TH,2024 4 hours of Karaoke Entertainment by local singers with the 1st 2 hours OPEN karaoke and the last 2 hours PERFORMANCES by some of the best singers in the 317. ALL songs are from 1980 to 1989. Kid friendly OF COURSE. no alcohol, POSSIBLY a food truck but nothing secured as of yet. Will let u know ASAP should this space be available Attach additional pages if needed-SEE BELOW PURE_80s_Karaoke_Koncert_Logo_PNG001.png 355.75KB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/7/2024 9/7/2024 PM PM PM 4:00:00 Tear Down Time: 11:00:00 Event Start time: 6:00:00 Event End time: 10:00:00 Rehearsal Rehearsal Date: Rehearsal Start: PM NA Rehearsal Start Time:Rehearsal End Time: 200 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Vendors Contact Person * Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Stage Whole Gazebo please. I will supply extra chairs 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: Frank Smith III fs3music@yahoo.com 3172504993 3172504993 The KNOWarrior(Karaoke Ninja Outlaw Warrior) City Indianapolis State / Province / Region INDIANA Postal / Zip Code 46236 Country United States Street Address 10957 Echo Spring Circle Address Line 2 Individual 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. Is the requestor a citizen of the City of Carmel? Yes No SECURITY DEPOSIT AND FEE: 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. Frank Smith III Name of Organization/Applicant Signature of Authorized Agent/Applicant Frank Smith III Chief Entertainment Officer Printed Name and Title (If applicable) 317 250 4993 Phone Number (Required) 10957 Echo Spring Circle Indianapolis Indiana 46236 Address of Organization/Applicant 2/24/2024 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: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay 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 Event Use/Purpose: 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) 5. EVENT DETAILS Concert Provide a brief description of event We are having a benefit concert to help feed the hungry. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/14/2024 9/14/2024 11:00:00 AM 11:00:00 PM 5:00:00 PM 10:00:00 PM NA 250 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee To raise money for the hungry 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 Vendors Vendors Present * 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 to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) 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? 2-3 6. CONTACT INFORMATION: Joe Brackemyre jbrackemyre@ides.org 3177734111 International Disaster Emergency Service City Noblesville State / Province / Region Indiana Postal / Zip Code 46062 Country USA Street Address 355 Park 32 West Drive Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: 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. IDES Name of Organization/Applicant Signature of Authorized Agent/Applicant Joe Brackemyre Volunteer Coordinator Printed Name and Title (If applicable) 317-773-4111 Phone Number (Required) Address of Organization/Applicant 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: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay 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. 2022_Bike_Carmel_Dinner_Ride_Route.pdf 898.1KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Police will be requested as available to help with traffic crossing Gray Rd in two locations. If possible, we would like the escort of a motorcycle officer on the ride to create awareness in traffic of the group. 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 Event Use/Purpose: 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? 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 Bike Carmel Slow Roll Dinner Cruise Provide a brief description of event Coach Matt Tanner will lead adults on a 10 mile ride around the city primarily utilizing bike friendly neighborhood roads. The ride is created to get adults comfortable riding and encourage them to ride to dinner in the Midtown area. The pace will be kept slow (approx 10mph) so that all may enjoy the ride. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/11/2024 8/27/2024 Tuesday Evenings of: June 11, June 25, July 9, July 23, Aug 13, Aug 27 5:00:00 PM 7:00:00 PM 6:00:00 PM 7:00:00 PM NA 100 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Vendors Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* 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 Bike Carmel (will set up one 10x10 tent) Name of Merchants(s) doing the setup 3172818479 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: Matt Tanner mtanner242@gmail.com 3172818479 3172818479 Rollfast City Carmel State / Province / Region IN Postal / Zip Code 46280 Country USA Street Address 10630 Westfield Blvd Address Line 2 Non-Profit Organization 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. Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 2022 Bike Carmel Dinner Ride Route 2022 Bike Carmel Dinner Ride Route 0.0 0.1 0.3 0.4 0.6 1.1 1.1 2.0 2.3 2.4 3.2 3.4 4.2 4.3 4.8 4.9 4.9 miles. +85/-122 feet 5.4 5.5 5.6 5.9 6.5 6.6 6.8 7.0 7.1 7.2 7.3 7.5 7.6 7.6 7.8 8.4 3.4 miles. +79/-68 feet 8.5 8.7 8.7 8.7 8.7 9.4 9.5 9.5 9.6 1.2 miles. +27/-10 feet 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. Matt Tanner Name of Organization/Applicant Signature of Authorized Agent/Applicant Matt Tanner, Founder Printed Name and Title (If applicable) 3172818479 Phone Number (Required) 10630 Westfield Blvd Carmel IN 46280 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: MAC - Okay ENG - Okay Streets - Okay Parks - Okay CPD - Okay CFD - Okay 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 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: Rehearsal Start:Rehearsal End: Number of People Expected: Fees? 5. EVENT DETAILS Summer Concert Series at the Gazebo Provide a brief description of event Family concert at the Gazebo at 7 p.m. on Wednesdays in the summer. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/29/2024 9/25/2024 May 29, June 5, 12, 19, 26; July 10, 17, 24, 31; August 7, 14, 21, 28; September 4, 11. Rain dates: September 18, 25. 09:00:00 AM 10:00:00 PM 07:00:00 PM 09:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 2,000 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: Melanie Brewer Mbrewer@carmel.in.gov 3174603498 Fountain Square Committee City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address One Civic Square 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. Melanie Brewer/Fountain Square Committee Name of Organization/Applicant Signature of Authorized Agent/Applicant Melanie Brewer Printed Name and Title (If applicable) 3174603498 Phone Number (Required) One Civic Square Carmel, IN 46032 Address of Organization/Applicant 2/24/2024 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:__________________________________________________________________ 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. January 10, 2024 On-Going March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: OPEN PAVEMENT CUT; LANE RESTRICTION – 14333 & 14337 GRAY RD Dear Board Members: BL Brown Construction, Inc. is requesting approval for an open pavement cut and associated lane restrictions to install water service lines for residences located at 14333 and 14337 Gray Rd (exhibit attached). Traffic will be maintained in both directions by flaggers for the duration of the work. The Department of Engineering recommends that the Board approve the requested lane restriction and open pavement cut conditioned upon the following requirements: • The project’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). • Lane restriction signage will remain in place during the duration of the project repair. • Traffic shall be maintained during the working period. A minimum 10’ lane shall be provided at all times within the work area. • The Department of Engineering shall be provided a minimum 48-hour notification of lane restriction prior to commencement of work. • Any damage to the existing improvements within the right of way shall be restored to the satisfaction of the City when work is completed. • Open pavement cuts shall be restored in accordance with City of Carmel standards. Sincerely, Jeremy Kashman, P.E. City Engineer 6f t L o n g x 5 f t W i d e x A p p r o x 5 f t D e e p Pi t f o r W a t e r T a p s Pr o p o s e d W a t e r S e r v i c e s Pr e f e r e d S e w e r O p t i o n St a y A b o u t 6 f t o f f R d & K e e p Abo u t 1 f t o f s e p e r a t i o n 84 f t x 2 12 5 f t N o r t h 25 0 f t E a s t 70 f t N o r t h B e h i n d H o u s e 84 f t A c r o s s R d 53 0 f t T o t a l 75 f t N o r t h 27 5 f t E a s t 35 f t S o u t h 84 f t A c r o s s S t 46 9 f t T o t a l 1 R O W P e r m i t 2n d R O W P e r m i t March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – AES – SPRINGMILL RD & ILLINOIS ST Dear Board Members: AES is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04 -28-17-01) to install 2 new mid-span utility poles. The new poles are needed to provide electric service for Flora on Spring Mill subdivision currently under construction. The new poles are proposed in line with the span of existing aerial utilities currently serving this area (exhibit attached). The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is valid and recommends approval of the waiver conditioned upon the following: •The project’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). •Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be restored to the satisfaction of the City when work is completed. •If an existing utility pole requires replacement, the petitioner shall be responsible for coordinating relocation of all attached utility lines and complete removal of the old pole. •Access to all adjoining properties shall be maintained at all times. •The petitioner acknowledges that this waiver is for the items described above only. •The petitioner acknowledges that the waiver approved this date does not guarantee approval of any future waiver requests for this or any other project. Sincerely, Jeremy Kashman, P.E. City Engineer In d i a n a W e b A p p B u i l d e r So u r c e s : E s r i , H E R E , G a r m i n , I n t e r m a p , i n c r e m e n t P C o r p . , G E B C O , US G S , F A O , N P S , N R C A N , G e o B a s e , I G N , K a d a s t e r N L , O r d n a n c e Su r v e y , E s r i J a p a n , M E T I , E s r i C h i n a ( H o n g K o n g ) , ( c ) Op e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S U s e r C o m m u n i t y 2/ 6 / 2 0 2 4 , 7 : 5 1 : 1 9 A M 0 0 . 0 2 5 0 . 0 5 0. 0 1 2 5 m i 00 . 0 4 0 . 0 8 0. 0 2 k m 1: 1 , 1 2 8 Es r i , H E R E , G a r m i n , I N C R E M E N T P , U S G S , E P A , U S D A | Ar c G I S W e b A p p B u i l d e r Da t a i s p r o p r i e t a r y a n d c o n f i d e n t i a l Ma r k e r Ae r i a l M a r k e r s Ga l l o p i n g D e v i c e <a l l o t h e r v a l u e s > Su p p o r t S t r u c t u r e Di s t r i b u t i o n P o l e St r e e t l i g h t P o l e Di s t r i b u t i o n T o w e r St r e e t l i g h t T o w e r Di s t r i b u t i o n P u s h b r a c e St r e e t l i g h t C o l u m n Di s t r i b u t i o n C o n t a c t St r e e t l i g h t C o n t a c t <a l l o t h e r v a l u e s > Va u l t Va u l t <a l l o t h e r v a l u e s > Pe d e s t a l Pe d e s t a l <a l l o t h e r v a l u e s > Ju n c t i o n B o x Pu l l B o x Ha n d h o l e Se r v i c e B o x <a l l o t h e r v a l u e s > Ma n h o l e Ma n h o l e <a l l o t h e r v a l u e s > Ca p a c i t o r B a n k Ca p a c i t o r , N o Ca p a c i t o r , Y e s <a l l o t h e r v a l u e s > 60 ' 70 ' P: 1 6 5 - A / 2 3 3 IN S T 5 0 ' - 1 C4 9 0 . 0 1 IN S T A 6 5 - T IN S T C 6 5 - T P: 1 6 5 - A / 2 3 4 IN S T 5 0 ' - 1 C4 9 0 . 0 1 IN S T A 6 5 - T IN S T C 6 5 - T PB PB 23 5 IN S T 5 0 A 23 6 IN S T 5 0 A 23 7 IN S T 5 0 A 23 8 IN S T 5 0 A 23 9 IN S T 5 0 A 24 0 IN S T 5 0 A 24 1 IN S T 5 0 C 24 2 IN S T 5 0 C 24 3 IN S T 5 0 C 24 4 24 5 IN S T 5 0 C 24 6 24 7 IN S T 5 0 C 24 8 IN S T 5 0 C 24 9 IN S T 5 0 C 25 0 IN S T 5 0 C IN S T N. O . IN S T N. O . LI N E N O T E S : I N S T A A N D C P H A S E LO O P F R O M P : 2 3 3 T O P : 2 3 4 ALL P R I M A R Y W I L L B E 1 / 0 J C N I N 4" C O N D U I T ALL S E C O N D A R Y W I L L B E 5 0 0 M C M TR I P L E X I N 4 " C O N D U I T March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: STREET AND SIDEWALK CLOSURE; OPEN PAVEMENT CUT- 211 1ST AVE NW Dear Board Members: Mr. Zach Spitz with Elevation Excavation, Inc. is requesting approval for road closure, sidewalk closure and open pavement cuts to install a new sanitary sewer lateral for a residence at 211 1ST Ave NE (exhibit attached). The project is expected to last 2 days. The Department of Engineering recommends that the Board approve the requested lane restriction, street closure and open pavement cut conditioned upon the following requirements: • The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). • Any damage to the existing improvements within the City of Carmel right of way shall be restored to the satisfaction of the City when work is completed. • The petitioner agrees to work with the Department of Engineering on the establishment of a detour route prior to the closure of the street. Signage identifying the street closure and detour route shall be placed prior to closure of the street and maintained for the duration of the work period. • Petitioner agrees to post proper road & sidewalk closure signage during the duration of the work. Signage for the sidewalk closure, measuring at least 12” x 18”, stating “SIDEWALK CLOSED” shall be placed prior to closure of the sidewalk. • Emergency access to adjoining properties of the work site shall remain in place at all times. Notification to adjoining property owners shall be made 48 hours prior to commencement of work activities. • Any open pavement cuts remaining open during overnight non-working hours shall be covered with a steel plate, anchored and secured in place. • Construction in dedicated City Right-of-Way shall be restored in compliance with all City codes and standards. Sincerely, Jeremy Kashman, P.E. City Engineer Lot 3 APPLEGATE ADDITION MULBERRY 2NDAVENW 3 RD ST NW 2ND ST NW Lot 9 ALLEY 2ND ALLEY 1ST ALLEY 3RD 1ST AVE NW Lot 13A HENRY ROBERTS ALLEY 2ND 2ND ST NW 3RD ST NW 2ND ST NW SS l i n e w o r k a r e a ( r o a d c u t ) ex . S S m a i n de t o u r a r o u n d n e a r e s t b l o c k s de t o u r a r o u n d n e a r e s t b l o c k s w/ r o a d c l o s e d s e t u p 21 1 1 s t A v e N W p r o p e r t y Ar c G I S W e b M a p Pa r c e l s Ci t y B o u n d a r y 20 2 3 P h o t o g r a p h y Re d : R e d Gr e e n : G r e e n Bl u e : B l u e Fe b r u a r y 2 2 , 2 0 2 4 0 0. 0 1 0. 0 3 0. 0 1 mi 0 0. 0 2 0. 0 4 0. 0 1 km 1: 9 0 0 Ar c G I S W e b A p p B u i l d e r March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: AMBLESIDE SECTION 2 - SECONDARY PLAT Dear Board Members: Tim Berry, PE, with Platinum Properties has requested the secondary plat for Ambleside Section 2 be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed and signed by the Department of Community Services and reviewed by the Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: MYLAR PLAT March 11, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RA FRANKE LOTS 6 & 7 - REPLAT Dear Board Members: Brian Krieg with RQAW has requested a replat for RA Franke, Lots 6 & 7 be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed and signed by the Department of Community Services and reviewed by the Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: MYLAR PLAT March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- HARVEST BIBLE CHAPEL-14550 RIVER ROAD Dear Board Members: The property owners of Harvest Bible Chapel have requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with a proposed building addition project. Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer March 12, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- NEURO DRIVEN RECOVERY-1300 E 96th STREET Dear Board Members: The property owners of Neuro Driven Recovery have requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with a proposed redevelopment project. Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer