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
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APPROVED: ____________________________________ 225
Jacob Quinn – City Clerk 226
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_____________________________________ 229
Mayor Sue Finkam 230
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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.
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Engineering Department - 2024
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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.
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Engineering Department - 2024
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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
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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.
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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
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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
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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.
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JKES, Inc. d/b/a Smith Projects
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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
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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
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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.
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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.
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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
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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
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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
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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
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3
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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