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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 04-03-24Board of Public Works and Safety Meeting Agenda Wednesday, April 3, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the March 20, 2024, Regular Meeting 2.BID OPENING AND AWARD a.Bid Award for 2024 Fiber Infrastructure Project; Jeremy Kashman, Director of Engineering b.Bid Opening for 22-ENG-01 Monon Boulevard Phase 3; Jeremy Kashman, Director of Engineering 3.TABLED ITEMS a.Resolution BPW 03-06-24-09; Lease of Real Property to a Third Party; Lease of Property Located at 10583 Lakeshore Drive East That is Not Needed for a Public Purpose and Establish Minimum Monthly Rent; Jeremy Kashman, Director of Engineering TABLED ON 03-06-2024 4.CONTRACTS a.Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($924,209.00); Purchase and Lease of Vehicles; Chief Drake Sterling, Carmel Police Department b.Plaza Operating Agreement; Edward Rose Development Carmel, LLC; ERS Old Meridian; Henry Mestetsky, Executive Director of Carmel Redevelopment Commission c.Resolution BPW 04-03-24-01; Authorizing City Engineer to Release or Modify Performance Bonds and Other Performance Guarantees; Jeremy Kashman, Director of Engineering d.Request for Purchase of Goods and Services; ($199,600.66); CSU Inc; 22-ENG-13- 2024 Fiber Infrastructure Project; Jeremy Kashman, Director of Engineering e.Resolution BPW 04-03-24-02; Authorizing Department Heads to Enter into Mutual Aid and Other Non-Monetary Reciprocal Agreements; Benjamin Legge, Office of Corporation Counsel 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Reserve Parking Spaces Along City Center Drive; Tour Van and Trailer; April 5 through April 7, 2024; 12:00 PM to 8:00 AM; Derrick Pfiester, Feinsteins b. Request to Use Civic Square Gazebo/Lawn and Close City Streets; Special Request to Use Electricity and Fountain Restroom; Carmel Eclipse; April 8, 2024; 7:00 AM to 5:00 PM; Meg Osbourne, City of Carmel c. Request to Use Japanese Garden; Japanese Sister City Committee Meeting; April 14, 2024; 3:30 PM to 6:30 PM; Evan Kreutzer, Carmel Sister Cities, Inc d. Request for EMS Services; 5k Fundraiser for Creekside Middle School; April 27, 2024; 7:00 AM to 10:00 AM; Randy Hartog, Creekside Middle School Athletic Director e. Request to Use Midtown Plaza and Close City Streets; Midtown Block Party 2024; May 11, 2024; 8:00 AM to 10:00 PM; Marissa Barrett, City of Carmel f. Request to Use/Close City Streets; Lakes at Hazel Dell Neighborhood HOA Camp Out; May 24 through May 25, 2024; 3:00 PM to 9:00 AM; Alyona Tellez, HOA g. Request to Use Carter Green and Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; June 8, 2024; 3:00 PM to 7:00 PM; Sarah Salinas, Hotel Carmichael h. Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restrooms; Indiana Wind Symphony Performance; June 14, 2024; 4:00 PM to 10:00 PM; Evan Cooper, Indiana Wind Symphony i. Request to Use Civic Square Gazebo/Lawn; Special Request to Use Fountain Restrooms; Shabbat in the Park; June 21, 2024; 4:00 PM to 8:00 PM; Meredith Dover, Indianapolis Hebrew Congregation j. Request to Use Carter Green; Special Request to Use Electricity and the James Building Restrooms; Carmel Pride; June 30, 2024; 6:00 AM to 11:00 PM; Martina Queijo, Carmel Pride k. Request to Use Civic Square Fountain Area, Civic Square Gazebo/Lawn, and Close City Streets; Special Request to Use Electricity, Fountain Restrooms, and Reflecting Pool Restrooms; CarmelFest and CarmelFest Fourth of July Parade; July 2 through July 5, 2024; 12:00 PM to 12:00 AM; Jeff Lenz, The Rotary Club of Carmel, Indiana l. Request to Use the City Hall Parking Lot; Special Request to Use Electricity; CarmelFest Kids Zone; July 3 through July 4, 2024; 7:00 AM to 10:00 PM; Meg Osborne, City of Carmel m. Request to Use/Close City Streets; CarmelFest Freedom Run; July 4, 2024; 7:00 AM to 10:00 AM; Don Carr, Tuxedo Brothers n. Request to Use/Close City Streets; 3rd Ave Block Party; August 3, 2024; 2:00 PM to 8:00 PM; Jeff Swensson o. Request to Use Palladium East Patio; Wedding Ceremony; August 10, 2024; 2:00 PM to 6:00 PM; Kathy Ray, Hotel Carmichael p. Request to Use Reflecting Pool; Special Request to Use Electricity and Reflecting Pool Restrooms; Remote Control Submarine Club Convention/Fun Run; August 10 through August 11, 2024; 7:00 AM to 3:00 PM; Chris Campbell, Subcommittee q. Request to Use Carter Green, Palladium East Patio, and Close City Streets; Special Request to Use Electricity and James Building Restrooms; 2nd Annual Carmel Jazz Festival; August 9 through August 10, 2024; 12:00 AM to 11:00 PM; Gary Sexton, Carmel Jazz Festival r. Request to Use/Close City Streets; 8th Annual Run (317) Village of West Clay Run/Walk; August 29, 2024; 12:00 PM to 9:30 PM; Jeffrey Graves, Vision Event Management s. Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; August 31, 2024; 2:00 PM to 6:00 PM; Kathy Ray, Hotel Carmichael 6. OTHER a. Request for Open Pavement Cut and Lane Restriction; Spring Mill Road & Burlington Lane; Centerpoint Energy b. Request for Waiver of BPW Resolution No. 04-28-17-01; 10408 N College Ave; Duke Energy c. Request for Curb Cut; 145 Lantern Lane; Carsen & Madison Oden, Property Owners d. Request for Lane and Sidewalk Restrictions; City Center Drive; Duke Energy e. Request of Right of Way Dedication; L’Etoile; 833 W Main Street; Property Owner f. Request of Right of Way Dedication; 20-ENG-04-S- College Ave; Parkwood Crossing Owners, Association Inc g. Request for Grant of Perpetual Stormwater Quality Management Easement; L’Etoile; 833 W Main Street; Property Owner h. Request for Stormwater Technical Standards Waiver; The Edge at West Carmel; 11335 N Michigan Road; Nick Justice, P.E., with CEC, Inc i. Request Consent to Encroach; 560 Cedar Lake Court; Jason and Amy Whiteley, Property Owners j. Request Consent to Encroach; 833 W Main Street; AZR Haver LLC 7. ADD-ONS 8. ADJOURNMENT Board of Public Works and Safety Meeting 1 Agenda 2 Wednesday, March 20, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Mayor Sue Finkam called the meeting to order at 10:03 AM. 10 11 MEMBERS PRESENT 12 13 Mayor Sue Finkam, Board Members Laura Campbell, and Alan Potasnik. Also, present City Clerk Jacob 14 Quinn and Jessica Dieckman. 15 16 MINUTES 17 18 Minutes from March 06, 2024, Regular Meeting. Board Member Campbell moved to approve. Board 19 Member Potasnik seconded. Minutes were approved 3-0. 20 21 BID OPENING AND AWARD 22 23 Bid Award for 22-SW-01-Spring Mill Run Culvert Replacement; Jeremy Kashman, Director of 24 Engineering, recommended awarding the quote to JKES Inc. dba Smith Projects, as they were the 25 lowest bid and most responsive. Board Member Campbell moved to approve. Board Member Potasnik 26 seconded. Award approved 3-0. 27 28 Bid Award for 24-STR-02 Paving Program; Howard Companies; ($4,307,282.91); Crystal 29 Edmondson Carmel Street Department, recommended awarding the quote to Howard Companies, as 30 they were the lowest bid and most responsive. Board Member Campbell moved to approve. Board 31 Member Potasnik seconded. Award approved 3-0. 32 33 Bid Opening for 2024 Fiber Infrastructure Project 34 Board Member Potasnik opened the bid and Board Member Potasnik read them aloud: 35 Contractor Bid 36 CSU $199,600.66 37 Quality Fiber Solutions $219,965.36 38 Gudenkauf, LLC $279,370.05 39 EDCO $534, 186.26 40 41 42 43 44 45 46 47 48 PERFORMANCE BOND REDUCTION APPROVAL REQUEST 49 50 Resolution BPW 03-20-24-02; Bond Release for Ambleside Sections 1A/1B; Erosion Control-Common 51 Area; Board Member Campbell moved to approve. Board Member Potasnik seconded. Resolution 52 approved 3-0. 53 54 Resolution BPW 03-20-24-03; Bond Release for Albany Village; Erosion Control-Common Area; Board 55 Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 56 57 CONTRACTS 58 Request for Purchase of Goods and Services; Blunk Safety Systems, Inc; ($152,459.95); Vehicle 59 Emergency Lighting Kits, Havis Package; Drake Sterling, Chief of Police, briefly speaks, that they 60 leased/purchased twenty-three vehicles and need the equipment that goes inside of those patrol cars. 61 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 62 63 Request for Purchase of Goods and Services; Officeworks Services, LLC; ($50,852.11); Furniture for 64 Department of Community Services Office; Additional Services Amendment; Mike Hollibaugh, Director 65 of Community Services briefly speaks, this request for purchase of goods and services is to update the 66 conference room furniture and to upgrade staff furniture. Board Member Campbell moved to approve. 67 Board Member Potasnik seconded. Request approved 3-0. 68 69 Request for Purchase of Goods and Services; TMT, Inc.;($79,803.30); Tree Mulching, Weed Control, 70 and Other Landscaping Work; Additional Services Amendment; Mike Hollibaugh, Director of 71 Community Services briefly speaks, this is our mulching contract. TMT is the service company we have 72 worked with over the years to do the heavy lifting. Board Member Campbell moved to approve. Board 73 Member Potasnik seconded. Request approved 3-0. 74 75 Request for Agreement for Professional Services; ($149,880.00); YARD Group, LLC d/b/a YARD & 76 Company; Consulting Services for the Small Area Plan for Home Place; Additional Services 77 Amendment; Mike Hollibaugh, Director of Community Services briefly speaks, this is updated proposal 78 on a special area study from 2022 that we had held off doing the special area studies. This one is more 79 expensive because we will be doing a fair amount of public input. Board Member Campbell moved to 80 approve. Board Member Potasnik seconded. Request approved 3-0. 81 82 Request for Agreement for Professional Services; ($50,000.00); YARD Group, LLC d/b/a YARD & 83 Company; Consulting Services for the Small Area Plan for the US-31 Corridor; Additional Services 84 Amendment; Mike Hollibaugh, Director of Community Services briefly speaks, special area plan for US- 85 31 corridor, this won’t involve as much public input. We have already done upfront work with the larger 86 landowners in the corridor and are working with them to get that plan updated. Board Member Campbell 87 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 88 89 Request for Agreement for Professional Services; ($180,000.00); CrossRoad Engineers, PC; 20-ENG-90 03 - 3RD Ave SW-Autumn Drive to 2nd Street-Construction Inspection-Supplement; Additional Services 91 Amendment #1a; Jeremy Kashman, Director of Engineering briefly speaks, this project is taking a little 92 longer and we have incorporated a lot of other coordination in the whole midtown area. When we 93 originally bid the 3rd Avenue Project, we had a strict timeline to get it done because we have a 94 Community Crossing Grant for one million dollars from the state which comes with a three-month 95 deadline to get the project under contract. Board Member Campbell moved to approve. Board Member 96 Potasnik seconded. Request approved 3-0. 97 98 Request for Agreement for Professional Services; ($85,000.00); Crossroad Engineers, PC; 22-ENG-13 99 - 2022 Bond Various Path Projects-Design/Bid/Construction Inspection-Supplement; Additional 100 Services Amendment #9a; Jeremy Kashman, Director of Engineering briefly speaks, several of the path 101 projects take a lot of design effort and this contract helps with additional design work. Board Member 102 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 103 104 Request for Purchase of Goods and Services; JKES, Inc. dba Smith Projects; ($418,898.85); 22-SW-01 105 Springmill Run Culvert Replacement; Jeremy Kashman, Director of Engineering briefly speaks, there 106 was a discrepancy regarding the amount read and the bid proposal. This contract should have read 107 $418,898.85 and the contract read $418,898.25. The contract amount rewarded was $418,898.85. 108 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 109 110 Resolution BPW 03-20-24-01; Request for Acknowledgment of Contract Between City and Vendor; 111 ($115,000.00); Hollingsworth Sawmill, Inc; Risers for Ice Rink. Sergey Grechukhin, Corporation 112 Counsel briefly speaks. The risers for the ice rink are old and need to be replaced. The new risers will 113 improve the wood of the ice rink and will increase the life span of the ice rink significantly. Board 114 Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 115 116 Request for Purchase of Goods and Services; Howard Asphalt LLC d/b/a Howard Companies; 117 ($137,175.00); Asphalt Repairs; Additional Services Amendment; Crystal Edmondson, Carmel Street 118 Department briefly speaks, that this is a carryover from a purchase order from 2023 for some asphalt 119 paving at 96th Street and Commerce and Dumbarton Street. Board Member Campbell moved to approve. 120 Board Member Potasnik seconded. Request approved 3-0. 121 122 REQUEST TO USE CITY STREETS/PROPERTY 123 124 Request to Use Civic Square Fountain Area and Civic Square Gazebo/Lawn; Special Request to Use 125 Electricity and Fountain Restroom-Fountain/Gazebo; Indianapolis-Carmel Children’s Festival; April 126 27, 2024; 7:00 AM to 4:00 PM; Board Member Campbell moved to approve. Board Member Potasnik 127 seconded. Request approved 3-0. 128 129 Request to Use Carter Green; Special Request to Use Electricity; Wedding Ceremony; June 1st, 2024; 130 2:00 PM to 6:30 PM; Board Member Campbell moved to approve. Board Member Potasnik seconded. 131 Request approved 3-0. 132 133 Request to use Palladium East Patio on the Campus of the Center for Performing Arts; Special Request 134 to Use Electricity; Wedding Ceremony; August 17, 2024; 2:00 PM to 6:00 PM; Board Member Campbell 135 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 136 137 Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-138 Fountain/Gazebo; Allstar PURE 80s Karaoke Koncert; September 7, 2024; 4:00 PM to 11:00 PM; 139 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 140 141 Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain Restroom-142 Fountain/Gazebo; Benefit Concert to Feed the Hungry; September 14, 2024; 11:00 AM to 11:00 PM; 143 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 144 145 Request Use Midtown Plaza; Bike Carmel Slow Roll Dinner Cruise; June 11, 2024, June 25, 2024, July 146 9, 2024, July 23, 2024, August 13, 2024, and August 27, 2024; 5:00 PM to 7:00 PM; Board Member 147 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 148 149 Request to Use Civic Square Fountain Area and Civic Square Gazebo/Lawn; Special Request to Use 150 Electricity and Fountain Restroom-Fountain/Gazebo; Summer Concert Series at the Gazebo; May 29, 151 2024; June 5, 12, 19, 26, 2024; July 10, 17, 24, 31, 2024; August 7, 14, 21, 28, 2024; September 4, 11, 152 2024; Rain Dates September 18 and 25, 2024; 9:00 AM to 10:00 PM; Melanie Brewer, Marketing and 153 Community Relations briefly speaks, this year we are not able to use the fire department for rain dates, 154 so we using the last few Wednesdays in September as potential rain dates. In the past we have used City 155 Hall bathrooms but it has become an issue going into the late evening hours and with the clean up so 156 the City Hall restrooms will be closed. Board Member Campbell moved to approve. Board Member 157 Potasnik seconded. Request approved 3-0. 158 159 OTHER 160 161 Resolution BPW 03-06-24-08; Designating and Approving the Placement of Speed Limit Signs on City 162 Streets Within the Immediate Vicinity of a School; Within Immediate Proximity to Coram Deo Academy, 163 Along Congressional Blvd, N College Ave, and 117th Street; Board Member Campbell moved to take the 164 Resolution from the table. Board Member Potasnik seconded. Board Member Campbell moved to 165 approve. Board Member Potasnik seconded. Request approved 3-0. 166 167 Uniform Conflict of Interest Disclosure Statement; Board Member Campbell moved to acknowledge. 168 Board Member Potasnik seconded. Acknowledgment approved 3-0. 169 170 Request for Open Pavement Cut and Lane Restriction; 14333 & 14337 Gray Road; Board Member 171 Campbell moved to approve. Board Member Potasnik seconded. Request was approved 3-0. 172 173 Request for Waiver of BPW Resolution No. 04-28-17-01; Springmill Road & Illinois Street; Board 174 Member Campbell moved to approve. Board Member Potasnik seconded. Request was approved 3-0. 175 176 Request for Open Pavement Cut, Street and Sidewalk Closure; 211 1ST Ave NW; Board Member 177 Campbell moved to approve. Board Member Potasnik seconded. Request was approved 3-0. 178 179 Request for Secondary Plat; Ambleside Section 2; Board Member Campbell moved to approve. Board 180 Member Potasnik seconded. Request was approved 3-0. 181 182 Request for Replat; RA Franke Lots 6 & 7; Board Member Campbell moved to approve. Board Member 183 Potasnik seconded. Request was approved 3-0. 184 185 Request for Grant of Perpetual Stormwater Quality Management Easement; 14550 River Road; Board 186 Member Campbell moved to approve. Board Member Potasnik seconded. Request was approved 3-0. 187 188 Request for Grant of Perpetual Stormwater Quality Management Easement; 1300 E 96th Street, Neuro 189 Driven Recovery; Board Member Campbell moved to approve. Board Member Potasnik seconded. 190 Request was approved 3-0. 191 192 193 194 195 196 197 198 ADD-ONS 199 200 Request for Street Closure; 10 East Main Street; First on Main; The Engineering Department 201 respectfully request to add the Street Closure at 10 East Main Street; First on Main; Tentative Date of 202 Street Closure is March 23, 2024; 7:00 AM to 10:00 AM; Sergey Grechukhin, Corporation Counsel 203 briefly speaks, a request to close a street at 10 East Main for construction crane to move roof top 204 equipment. This is a tentative date and time. Jeremy Kashman, Director of Engineering briefly speaks 205 that if the tentative time and date does not work, they will notify the surrounding properties and business 206 owners. Board Member Campbell moved to add on. Board Member Potasnik seconded. Board Member 207 Campbell moved to approve. Board Member Potasnik seconded. Request was approved 3-0. 208 209 Board Member Campbell moved to add one add-on item to the agenda. Member Potasnik seconded. 210 Approved 3-0. 211 212 Request to use Civic Square Fountain Area, Civic Square Gazebo/Lawn, Japanese Garden, and City 213 Hall Parking Lot; Cruise Indy 2024; August 17, 2024; 6:00 AM to 4:00 PM. Sergey Grechukhin, 214 Corporation Counsel briefly speaks that there are a lot of moving parts to this facility use request, so it 215 was needing to be added on this agenda today so the requestor could start working on acquiring 216 sponsors for this event. Board Member Campbell moved to approve. Board Member Potasnik seconded. 217 Request was approved 3-0. 218 219 ADJOURNMENT 220 221 Mayor Finkam adjourned the meeting at 10:37 AM 222 223 224 225 226 APPROVED: ____________________________________ 227 Jacob Quinn – City Clerk 228 229 230 _____________________________________ 231 Mayor Sue Finkam 232 233 234 ATTEST: 235 __________________________________ 236 Jacob Quinn – City Clerk 237 238 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. CzTfshfzHsfdivlijobu22;68bn-Nbs31-3135 Kelley Automotive Group, LLC Police Department - 2024 Appropriation #1110 0 44-650.01Capital Lease Fund; P.O. #110894 Contract Not To Exceed $924,209.00 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. Kelley Automotive Group, LLC Police Department - 2024 Appropriation #1110 0 44-650.01Capital Lease Fund; P.O. #110894 Contract Not To Exceed $924,209.00 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. Kelley Automotive Group, LLC Police Department - 2024 Appropriation #1110 0 44-650.01Capital Lease Fund; P.O. #110894 Contract Not To Exceed $924,209.00 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 Police Department Office of Corporation Counsel Three Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Kelley Automotive Group, LLC th1341S13 Street Decatur, Indiana 46733 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 Kelley Automotive Group, LLC Police Department - 2024 Appropriation #1110 0 44-650.01Capital Lease Fund; P.O. #110894 Contract Not To Exceed $924,209.00 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. 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 CzTfshfzHsfdivlijobu3;64qn-Nbs29-3135 This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 3/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. BPW 04-03-24-01 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY AUTHORIZING CITY ENGINEER TO RELEASE OR MODIFY PERFORMANCE BONDS AND OTHER PERFORMANCE GUARANTEES Synopsis: This resolution authorizes the City Engineer to release various performance bonds and other performance guarantees on the Board’s behalf. WHEREAS, pursuant to Carmel City Code Section 2-182, the Board of Public Works and Safety (the “Board”) is designated as the purchasing agency for all Executive Branch departments, commissions, agencies and other establishments of the Executive Branch, except for the Common Council, the City of Carmel Redevelopment Commission, the Carmel-Clay Board of Parks and Recreation, the City of Carmel Redevelopment Authority, the Carmel Economic Development Commission, and the Carmel Civic Square Building Corporation; and WHEREAS, as a Purchasing Agency for the City, the Board is authorized to enter into various public works agreements and contracts; and WHEREAS, pursuant to state statutes and local regulations, certain public works agreements, requests, and contracts require submission of performance bonds, maintenance bonds, erosion control guarantees, and other types of performance guarantees (collectively “Performance Guarantees”); and WHEREAS, the City Engineer receives, reviews, stores and otherwise oversees all Performance Guarantees; WHEREAS, the Board now desires to delegate to the City Engineer a duty to release or modify Performance Guarantees on the Board’s behalf. 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. Upon satisfactory completion of all public works agreements’ requirements and obligations, the City Engineer is hereby authorized to release or modify Performance Guarantees on the Board’s behalf. Section 3. This Resolution shall be effective from and after adoption by the Board. [Signature page follows.] Resolution No. BPW 04-03-24-01 Page One of Two This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 3/26/24 at 10:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. SO RESOLVED this day of , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 04-03-24-01 Page Two of Two CzTfshfzHsfdivlijobu21;64bn-Nbs38-3135 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 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 2 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 Work so as not to violate any term, covenant or condition of the Contract Documents or applicable codes and laws. 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 3 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 reference, and that the Goods and Services/the Work will be delivered and/or performed in a timely, good and workmanlike manner and free from defect. Contractor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Contractor based upon City’s stated use and are fit and sufficient 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 4 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 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. 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 5 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 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. 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. 6 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 13.2 Notwithstanding any other provision of this Agreement to the contrary, should any policy required by the Contract Documents be canceled or otherwise terminated before the completion of the Work hereunder, Contractor shall exert all reasonable efforts to procure and maintain in force similar insurance from insurers satisfactory to City and provide certificates of such insurance to City upon its written request. Should 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, 7 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 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. 8 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 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 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 9 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 loss of management or employee productivity or of the services of such persons and for loss of profit except anticipated profit arising directly from the Work being performed hereunder. This waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with this Agreement. 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: CSU, Inc. 3919 Clarks Creek Road Plainfield, Indiana 46168 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 24. TERMINATION: 24.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Contractor, immediately terminate this Agreement for cause, in the event of a default hereunder by Contractor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Contractor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 24.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Contractor. In the event of such termination, Contractor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Contract Price amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 10 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 26. FINAL COMPLETION AND CLOSEOUT: In addition to any requirements for final completion and closeout listed in General and Supplementary Conditions, as a condition of final payment and Contract closeout, Contractor certifies or shall submit to City the following: a. Contractor certifies that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which City or City’s property might be responsible or encumbered, less amounts withheld by the City) have been paid or otherwise satisfied; b. Any applicable Contractor guarantees and warranties; c. A certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect; d. Consent of surety, if any, to final payment; e. As-constructed record copy of the Contract Documents marked to indicate field changes and selections made during construction; f. If applicable, all manufacturer’s warranties, product data, testing and/or inspection results or reports, and maintenance and operations manuals; g. If required by City, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by City; h. Any other submittals required by the Contract Documents; and i. Satisfactory evidence that any claims or liens filed have been discharged or satisfied. If an architect, a consultant, or a subcontractor, or other person or entity providing services or work for the Contractor, refuses to furnish a release or waiver required by City, the Contractor may furnish a bond satisfactory to the City to indemnify City against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Contractor shall refund to City all money that City may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorney’s fees. 27. TERM: Unless otherwise terminated in accordance with the termination provisions under Contract Documents hereinabove, this Agreement shall be in effect from the Effective Date through satisfactory completion of the Work and delivery of all Goods and Services according to the established schedule. 28. HEADINGS: All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 29. BINDING EFFECT: The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 30. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than City and Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor certifies by entering into this Agreement that neither it nor its principals nor any of its 11 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. 31.2 The Contractor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Contractor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 32. PRIOR WORK: In the event that Contractor has delivered any Goods and Services and/or performed any of the Work under this Agreement prior to the date of this Agreement, pursuant to an authorization to proceed or verbal directive issued by City to Contractor or a letter of intent or verbal understanding entered into by and between City and Contractor, this Agreement and all of the terms and conditions thereof, including the payment obligations of City for such prior deliveries and/or performance, shall govern such prior deliveries and/or performance to the same extent as though they were performed or delivered after the date hereof, and any amounts that were earned by Contractor and paid by City to Contractor, or earned by Contractor and still to be paid by City to Contractor, for such other previously delivered Goods and Services or performed Work, shall be applied as a credit against Contractor’s overall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: In the event City employs attorneys or incurs other expenses it may deem necessary to protect or enforce its rights under the Agreement where Contractor is in default or breach of the Agreement, or City otherwise is required to undertake performance of Contractor’s obligations hereunder because of Contractor’s failure or refusal to perform, Contractor agrees to pay the attorney fees, costs and expenses so incurred by City. Furthermore, wherever in the Agreement Contractor agrees to pay expenses incurred by City such expenses shall include, but are not limited to, attorney fees incurred by City. 34. DRUG FREE WORK SITE: Contractor and its employees shall comply with all provisions of the Drug Free Workplace Act of 1988 as amended. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace is prohibited. Contractor is responsible for the development implementation, administration and enforcement of a formal substance abuse policy (“Substance Abuse Policy”) which, as, a minimum, meets the standards set forth by the City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: To the extent that this Project and Agreement is subject to the requirements of Indiana Code § 5-16-13 et seq., which are incorporated by reference as if fully restated herein, Contractor shall comply with all applicable requirements set forth therein. 36. ACCESS TO PUBLIC RECORDS ACT: Contractor understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of the Contract, whether the same is in the 12 CSU, Inc. Engineering Department - 2024 Appropriation #2200 0 44-628.71 2022 Bond Fund; P.O. #111041 Contract Not To Exceed $199,600.66 possession or control of Contractor or City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 37. COMPETING LAWS: As between inconsistent provisions among Federal, State and local laws, Contractor should generally comply with the more stringent requirement, unless a Federal law, rule or regulation requires that the affected Federal provision be observed, notwithstanding the existence of a more stringent applicable State or local requirement. 38. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Contractor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 39. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 40. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Contractor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. 13 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 3/26/24 at 11:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. BPW 04-03-24-02 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY AUTHORIZING DEPARTMENT HEADS TO ENTER INTO MUTUAL AID AND OTHER NON- MONETARY RECIPROCAL AGREEMENTS Synopsis: This resolution authorizes certain Department Heads to enter into Mutual Aid and other non-monetary reciprocal agreements on the Board’s behalf. WHEREAS, pursuant to Indiana Code 36-8-3-2(b), Carmel Board of Public Works and Safety (the “Board”) has exclusive control over all matters and property relating to the police and fire departments; and WHEREAS, pursuant to Indiana Code 36-8-3-2(d), the Board may adopt general and special orders to the police and fire departments through the chiefs of the departments; and WHEREAS, from time to time, Indiana police and fire departments and/or other governmental entities wish to enter into mutual aid and other non-monetary reciprocal agreements to enhance and improve public safety within and across Indiana communities (collectively “Reciprocal Agreements”); and WHEREAS, the Police and Fire Chiefs have requisite expertise and experience to evaluate the need and scope of such Reciprocal Agreement; and WHEREAS, the Board now desires to authorize Carmel Police and Fire Chiefs to enter into Reciprocal Agreements on the Board’s behalf. 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 authorizes Carmel Police and Fire Chiefs to enter into non- monetary Reciprocal Agreements on the Board’s behalf. Section 3. Prior to execution, all Reciprocal Agreements shall be reviewed and approved by the Office of Corporation Counsel. Section 4. This Resolution shall be effective from and after adoption by the Board. [Signature page follows.] Resolution No. BPW 04-03-24-02 Page One of Two This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 3/26/24 at 11:00 AM. No subsequent revision to this Resolution has been reviewed by Mr.Grechukhin for legal sufficiency or otherwise. SO RESOLVED this day of , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 04-03-24-02 Page Two of Two CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. Please click here to request the Council Chambers or Caucus Room. Please click here to request the Carter Green or East Patio. Facility(s) 1. CITY FACILITY(S) REQUESTED: Civic Square Fountain Area Civic Square Gazebo / Lawn Japanese Garden Monon & Main Plaza Midtown Plaza (Events must be free and open to the public. We are unable to accommodate public movie requests.) Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza is not available for use) Sophia Square Other PARKING - reserved spaces along City Center Drive    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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? 5. EVENT DETAILS Reserved PARKING for tour van and trailer Provide a brief description of event Request to reserve PARKING SPACES for tour van and trailer along the south side of City Center Drive. See map below. 4/5/2024 4/7/2024 12:00:00 PM 8:00:00 AM 7:00:00 AM 9:00:00 AM NA Rehearsal Start Time:Rehearsal End Time: 9 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Derrick Pfeister dpfeister@hotelcarmichael.com 3214386720 Feinsteins City Carmel State / Province / Region IN Postal / Zip Code 46250 Country United States Street Address 1 Carmichael Sq Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation * Special Event/Facility Use Policy * * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Derrick Pfeister - Hotel Carmichael Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) 3214386720 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: ok Parks: ok CFD: ok CPD: ok Streets: ok Eng: ok Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Veterans Way - Along side City Hall to Fountain Gradle on Southside of Circle Southside of City Hall Parking Lot - west side - Sunday April 7 to April 8 - 10:00 pm Include addresses as appropriate An easy to read, color map of the area is required with submission. Carmel Eclipse Footprint for Permit 2e.pdf 801.61KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Barricades * Standard Cones * No Parking Signs * Event Use/Purpose: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 15 Please note the number of Standard Cones needed 40 Please note the number of NO PARKING SIGNS needed 40 5. EVENT DETAILS Solar Eclipse April 8 - 8:00 - 8:00 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:* Fees? Provide a brief description of event Stage entertainment Food and Drink Vendors Watch the Solar Eclipse Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 4/8/2024 4/8/2024 7:00:00 AM 5:00:00 PM 10:00:00 AM 5:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Gazebo 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. 10 x 10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Vendors Present * Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Bounce House N/A Other Party Time Name of Merchants(s) doing the setup 3175362022 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? 8 6. CONTACT INFORMATION: Meg Gates Osborne Meg@Megpromo.com 3175907522 3175907522 The City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46280 Country United States Street Address 1 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: Barricades, Cones & People Gates: Gradle Drive at 3rd AV SW and also just east of the entrances to Kirby Park and the Buildings on the north side of Gradle. The thin Orange Lines represent the curbs that need to have cones and no parking signs. These should be placed during the weekend of April 6th noting “NO PARKING MONDAY” The Green Rectangles represent Hoosier Portable toi- let locations. The large Royal Blue Rectangle is the area submitted to the Alcohol & Tobacco Commission. The vendors sell- ing alcohol are the pink/ light purple rectangles sur- rounding the plaza and on Veterans Way. The Light Blue rectangles are non-alcohol vendors. Near the Gazebo, there will be a tent for Midwest Geo- Sciences, the sound tech, and closer to City Hall is the CFD & CPD Community Outreach Tents. City Hall Parking Lot: Green Rectangle: Reserved park- ing for participants; Black Rectangle: Trash Trailer; Lighter Blue Rectangle & Blue Rectangle south of the fountain: Bike Racks; also noted: Barricades, Cones & People Gates; Staging for MCR & MEG&A event man- agement; Green Hoosier Portable locations. Barricades, Cones & People Gates: Red Truck Rd at Range Line, west of Graeters; Veterans Way SE of CFD #41; and Berkham- sted Ln SW of CFD #41. Barricades, Cones & People Gates: Gradle Drive at Range Line, west edge of the Zeta Tau Alpha parking lot, and Veterans Way at the SE corner of City Hall. Water Service will be needed along Veterans Way. Carmel Solar Eclipse Civic Square Footprint April 8, 2024 Rev: 03/19/2024 Carmel Solar Eclipse April 8, 2024 Civic Square Fountain and Gazebo Page 1 of 3 A. Bike Racks B. Ash & Elm C. Coco Bongos Indy D. Danny Boy Beer Works E. All Things Carmel F. 317 Charcuterie G. Sugar Creek Winery H. Kona Ice A. Bike Racks B. Ash & Elm C. Coco Bongos Indy D. Danny Boy Beer Works E. All Things Carmel F. 317 Charcuterie G. Sugar Creek Winery H. Kona Ice I. Samano’s Mexican Food J. Sun King K. Georgia’s Kitchen L. Aunt Jean’s Fun Food (Popcorn Lady) M. Oriental Grill N. Peace Water Winery O. Polish Cottage & Poppin Sweet Confections P. Joella’s Hot Kitchen Q. Midwest GeoScience R. Sound Tech Carmel Solar Eclipse April 8, 2024 Civic Square Fountain and Gazebo Page 2 of 3 P. Joella’s Hot Kitchen R. Sound Tech S. Carmel Fire Department T. Carmel Police Depart- ment U. Staging Area for MCR + MEG&A R. Trash Trailer S. Bike Racks Carmel Solar Eclipse April 8, 2024 Civic Square Fountain and Gazebo Page 3 of 3 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. The City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Meg Gates Osborne Printed Name and Title (If applicable) 317-590-7522 Phone Number (Required) 1 Civic Square Carmel, IN 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:__________________________________________________________________ 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: 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:__________________________________________________________________ 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: 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: ok Parks: ok CFD: ok CPD: ok Streets: ok Eng: ok Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street from Veterans Way to northbound Monon Boulevard. No Parking cones along Elm Street, and at the parking spaces to the west of Sun King. North entrance on Elm Street of the Midtown Parking Garage. Include addresses as appropriate An easy to read, color map of the area is required with submission. Midtown Block Party 2024.pdf 226.14KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones * Barricades * No Parking Signs * Event Use/Purpose: Description of Event: Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 10 Please note the number of NO PARKING SIGNS needed 12 5. EVENT DETAILS City of Carmel summer-fun block party in Midtown Provide a brief description of event Please see graphic for event information. Attach additional pages if needed-SEE BELOW MBP Midtown Screen.png 292.38KB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT Event Date Start * Event Date End * If multiple dates, please list Set-Up Time:* Event Start time:* Rehearsal Number of People Expected:* Fees? Vendors 5/11/2024 8:00:00 AM 2:00:00 PM 5/11/2024 Tear Down Time:* 10:00:00 PM Event End time:* 6:00:00 PM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 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) 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. Approximently how many vendors will be present? 10 6. CONTACT INFORMATION: Marissa Barrett mbarrett@carmel.in.gov 3176182799 City of Carmel City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country United States Street Address 1 Civic Square Address Line 2 1 Civic Sq Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: No Parking Cones No P a r k i n g C o n e s D o w n E l m S t r e e t 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. City of Carmel/Marissa Barrett Name of Organization/Applicant Signature of Authorized Agent/Applicant Marissa Barrett, Community Relations Specialist - Events Printed Name and Title (If applicable) 3176182799 Phone Number (Required) 1 Civic Square Carmel, IN Address of Organization/Applicant 3/14/2024 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:__________________________________________________________________ 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: 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: ok Parks: ok CFD: ok CPD: ok Streets: ok Eng: ok UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: No Parking Signs * Event Use/Purpose: Description of Event: 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 Ceremony Music 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 Please note the number of NO PARKING SIGNS needed 6 to be placed after farmers market 5. EVENT DETAILS: Wedding Ceremony Provide a brief description of event 140 Guests on Carter Green or Palladium Patio (if construction finished) for Wedding Ceremony Hotel to Provide White Padded Chairs Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE 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 * Rehearsal End Time: AM/PM * Number of People Expected: Fees? 6/8/2024 6/8/2024 3:00:00 PM 7:00:00 PM 4:30:00 PM 5:00:00 PM NA 6/7/2024 9:00:00 AM 10:00:00 AM 20 Will a Fee be charged for this event? If yes, please describe below. YES NO EVENT SET UP: Mark all that apply 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. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other White Padded Chairs Hotel Carmichael Name of Merchants(s) doing the setup 3176889612 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: Sarah Salinas ssalinas@hotelcarmichael.com 3176889612 5747020580 Hotel Carmichael City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country United States Street Address 1 Carmichael Square Address Line 2 For-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 previsously 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: 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 - Sarah Salinas Name of Organization/Applicant Signature of Authorized Agent/Applicant Sarah Salinas - Catering Sales Manager Printed Name and Title (If applicable) 3176889612 Phone Number (Required) 1 Carmichael Square Carmel, IN 46032 Address of Organization/Applicant 3/5/2024 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:__________________________________________________________________ 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. 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 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:__________________________________________________________________ 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. 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:__________________________________________________________________ 2022 CarmelFest Maps as of 3/30/22 1 | P a g e 2022 CarmelFest Maps as of 3/30/22 2 | P a g e 2022 CarmelFest Maps as of 3/30/22 3 | P a g e 2022 CarmelFest Maps as of 3/30/22 4 | P a g e 2022 CarmelFest Maps as of 3/30/22 5 | P a g e 2022 CarmelFest Maps as of 3/30/22 6 | P a g e 2022 CarmelFest Maps as of 3/30/22 7 | P a g e 2022 CarmelFest Maps as of 3/30/22 8 | P a g e Carmelfest Parade Route 2024 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: 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 CarmelFest KidsZone - City Mobile Stage Use in City Hall Parking Lot    Department Recommendation MAC: ok Parks: ok CFD: ok CPD: ok Streets: ok Eng: ok Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 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 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 City Mobile Stage use for CarmelFest KidsZone Provide a brief description of event Stage used for free entertainment for the kids in KidsZone Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 7/3/2024 7/4/2024 7:00:00 AM 10:00:00 PM 12:00:00 PM 10:00:00 PM NA 2,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage City of Carmel Mobile Stage Size of Stage Vendors Contact Person * Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* 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 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Meg & Associates and Party Time Name of Merchants(s) doing the setup 3175362022 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: Meg Gates Osborne meg@megpromo.com 3175907522 3175907522 CarmelFest City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country Street Address 37 E. Main Street 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: 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. Meg Gates Osborne Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) 3175907522 Phone Number (Required) CarmelFest Address of Organization/Applicant 3/21/2024 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 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:__________________________________________________________________ A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: 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:__________________________________________________________________ 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: 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 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 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 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: ok Parks: ok CFD: ok CPD: ok Streets: ok Eng: ok UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: No Parking Signs * Event Use/Purpose: Description of Event: 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 3 No Parking Passes for southside of Garden, only 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 Access to electrical for DJ Please note the number of NO PARKING SIGNS needed 3 5. EVENT DETAILS: Ceremony for wedding at Hotel Carmichael from 5 pm - 6 pm on Saturday, August 31, 2024. Provide a brief description of event Hotel will provide 130 white wooden chairs for ceremony and (1) 6' x 30" table and chair for DJ. Set up will occur around 2:00 pm after vendors have left the Farmer's Market. Hotel will retrieve all chairs and table at 6:15 pm after ceremony photos. No other equipment or assistance necessary. Attach additional pages if needed-SEE BELOW 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 * Rehearsal End Time: AM/PM * Number of People Expected: Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 8/31/2024 8/31/2024 2:00:00 PM 6:00:00 PM 5:00:00 PM 6:00:00 PM NA 8/30/2024 4:00:00 PM 5:00:00 PM 30 Will a Fee be charged for this event? If yes, please describe below. YES NO EVENT SET UP: Mark all that apply Vendors Contact Person Email Phone Number: Cell Number: Name/Organization: Stage N/A 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. N/A Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Hotel Carmichael Name of Merchants(s) doing the setup 3176889611 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, Catering Sales Manager, Hotel Carmichael kray@hotelcarmichael.com 3176889611 Hotel Carmichael 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. 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 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. Kathy Ray/Hotel Carmichael Name of Organization/Applicant Signature of Authorized Agent/Applicant Kathy Ray, Catering Sales Manager Printed Name and Title (If applicable) 3176889611 Phone Number (Required) 1 Carmichael Square Carmel, IN 46032 Address of Organization/Applicant 3/15/2024 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:__________________________________________________________________ 145 Lantern Lane – proposed second driveway for garage access Ae r i a l V i e w o f t r a n s f o r m e r c o u r t y a r d . Lo c a t e d i m m e d i a t e l y s o u t h o f C i t y Ce n t e r D r a n d E a s t o f t h e M o n o n T r a i l . Ac c e s s t o t h e y a r d i s t h r o u g h a d o o r o n th e M o n o n T r a i l . Vi e w l o o k i n g d o w n i n t o c o u r t y a r d f r o m gr a s s y a r e a s o u t h o f C i t y C e n t e r D r . Cr a n e s e t u p a p p r o x i m a t e l y i n s i d e of t h i s b l u e b o x e d a r e a . March 22, 2024 Mr. Alex Jordan City of Carmel- Engineering Department One Civic Square Carmel, IN 46032 Dear Mr. Jordan: Subject: The Edge at West Carmel: 11335 N Michigan Road Carmel, IN 46077 CEC Project 311-804 Civil & Environment Consultants, Inc., on the behalf of The Edge at West Carmel project, respectfully request the following to be presented to the Board of Public Works for the 22.1 acre project located at 11335 N. Michigan Road. 1. Request waiver for the requirement of the design shall ensure that a minimum 90% of the original detention capacity is restored within 48 hours from the start of the design 100- year storm.. (STSM 302.06) The reason for the waiver is due to the restriction of the 10-year allowable release rate for the site. In order to meet the allowable release rate the orifice has to be sized to minimum 2.0 inches. The detention system allowable release rate therefore no adverse impacts are anticipated by this waiver. 2. Request waiver for the requirement of the Minimum Flood Protection Grade/Minimum Lowest Adjacent Grade of all structures fronting a pond or open ditch shall be no less than 1-foot above any adjacent local flood route. (STSM 303.07) The reason for the waiver is due to the difficulty of providing accessible walkways and paths from the buildings to the accessible parking and amenity areas. There is positive drainage away from all buildings and no less than 8” of separation between the Finish Floor Elevations and the MLAG/MFPG elevations. We are confident that the proposed design will not be adversely impacted by this waiver. Alex Jordan CEC Project 311-804 Page 2 March 22, 2023 3. Request waiver for the requirement of the Release Rates for Sites with Depressional Storage. (STSM 302.03) The reason for the waiver is due to the low existing release rates. The existing site contains two detention ponds that currently restrict the runoff to very low volume rates for a large site. The proposed project will expand one of the detention ponds and provide a vegetated swale to further reduce runoff rates. The proposed rates will be less than the existing runoff rates and also ‘typical’ allowable release rates of 0.1 cfs/acre for the 10-year storm and 0.3 cfs/acre for the 100-year storm. See table below for reference. We are confident that the proposed design will not be adversely impacted by this waiver. Table 1 Discharge Rate Comparison Peak Runoff Rates (cfs) Proposed Site Area: 21.271 acres Area (Acres) 2-Year (cfs) 10-Year (cfs) 100-Year (cfs) Existing Discharge Rates 21.27 1.98 3.82 8.42 Allowable Discharge Rates* - 2.13 2.13 6.39 Proposed Discharge Rates from Proposed Wet Pond 20.00 0.16 0.19 3.79 Proposed Discharge Rates from Proposed Swale 0.46 0.12 0.14 1.54 Proposed Direct Discharge Rates 0.81 1.18 1.84 3.74 Total Proposed Discharge Rates 21.27 1.38 2.04 5.19 *Proposed 10-year storm to 0.10 cfs/acre; Proposed 100-year storm to 0.30 cfs/acre. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-777 if you have any questions. Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager