HomeMy WebLinkAboutPaperless Packet for BPW Meeting 04-17-24Board of Public Works and Safety Meeting
Agenda
Wednesday, April 17, 2024 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1.MINUTES
a.Minutes from the April 3, 2024, Regular Meeting
2.BID OPENING AND AWARD
a.Bid Award for 22-ENG-01 Monon Boulevard Phase 3; Jeremy Kashman, Director of
Engineering
b.Bid Opening for Water Treatment Plant Backup Generator Installation; John Duffy,
Director of Utilities
3.CONTRACTS
a.Request for Purchase of Goods and Services; Macqueen Equipment, LLC;
($3,495,715.00); Enforcer Pumper and Enforcer Tiller; Chief Dave Haboush, Fire
Department
b.Resolution BPW 04-17-24-01; Request for Acknowledgment of Contract between City
and Vendor; AVI Systems, Inc.; ($1,033,339.98); Upgrade to Carmel EOC; Timothy
Renick, Director of Information and Communications Systems Department
c.Request for Agreement for Professional Services; HWC Engineering, Inc.,
($72,700.00); Carmel Drive and AAA Way Intersection and Regional Drainage-Water
and Sanitary Design; Additional Service Amendment #6b; Jeremy Kashman, Director
of Engineering
d.Request for Purchase of Goods and Services; William Charles Construction
Company, LLC; ($13,177,000.00); 22-ENG-01 Monon Boulevard Phase 3; Jeremy
Kashman, Director of Engineering
e.Resolution BPW 04-17-24-04; Request for Acknowledgment of Contract between City
and Vendor; The Burdette Agency, Inc. d/b/a North Star Place Branding +
Marketing; ($92,000.00); Marketing & Branding Professional Services; Rebecca Carl,
Director of Marketing & Community Relations
f.Resolution BPW 04-17-24-02; Request for Acknowledgment of Contract between City
and Vendor; Insituform Technologies USA, LLC; 2024 Sewer Lining; John Duffy,
Director of Utilities
g.Request for Purchase of Goods and Services; Howard Asphalt, LLC d/b/a HowardCompanies; ($4,307,282.91); 24-STR-02 Paving Program; Matt Higginbotham, StreetCommissioner
4. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use/Close City Streets; Carmel Elementary Pup Running Practice; April
23, 2024; 3:00 PM to 3:30 PM; Kevin Hetrick, Carmel Elementary Pup Running
b. Request to Use Civic Square Gazebo/Lawn; Special Request to Use Fountain
Restrooms and Electricity; Hamilton County Law Enforcement Memorial Service;
May 1, 2024; 8:00 AM to 8:00 PM; Dawn Fisher, Carmel Police Department
c. Request to Use Civic Square Fountain Area, Civic Square Gazebo/Lawn, and Close
City Streets; Special Request to Use Electricity and Fountain Restrooms; National
Night Out; August 6, 2024; 3:00 PM to 8:30 PM; Dawn Fisher, Carmel Police
Department
d. Request to Use/Close City Streets; Block Party and Celebration of New Lighting in
Neighborhood; May 3, 2024; 5:00 PM to 9:00 PM; Susan McClain, Cool Creek Civic
Association
e. Request to Use Midtown Plaza; Global Running Day; June 5, 2024; 6:00 AM to 2:00
PM; Connor Naughton, The Runners Forum
f. Request to Use Palladium East Patio and Carter Green; Special Request to Use
Electricity; Wedding Ceremony; June 28, 2024; 1:00 PM to 8:00 PM; Amanda Ahern,
Hotel Carmichael
g. Request to Use Midtown Plaza; Fundraising Table for The Crossroads of America
Council, Boy Scouts; August 1, 6, 8, 13, 15, 20, 22, 27, 29, and September 3, 5, 10, 12,
17, 19, 24, 26, 2024; 6:00 PM to 8:00 PM; Kristina Divine, Crossroads of America
Council, Boy Scouts of America
h. Request to Use Midtown Plaza and Close City Streets; Annual Bike Roundabout Ride;
September 14, 2024; 6:00 AM to 2:00 PM; Matt Tanner, Rollfast
i. Request to Use Carter Green and Close City Streets; Center Celebration 2024;
September 20 through 23, 2024; 9:00 AM to 4:00 PM; Nicole Chernish, Event Manager
j. Request to Use Palladium East Patio and Carter Green; Special Request to Use
Electricity; Wedding Ceremony; September 28, 2024; 3:00 PM to 8:00 PM; Amanda
Ahern, Hotel Carmichael
5. OTHER
a. Request for Encroachment Agreement; Marathon Pipe Line, LLC; Jeremy Kashman,
Director of Engineering
b. Request for Open Pavement Cut and Lane Restriction; 622 S Rangeline Road;
Centerpoint Energy
c. Request for Waiver of BPW Resolution No. 04-28-17-01; 11477 Towne Road; AES
Indiana
d. Request for Waiver of BPW Resolution No. 04-28-17-01; 751 Oswego Road; Duke
Energy
e. Request for Curb Cut; 210 Stubbs Way; Property Owner
f. Request for Driveway Width Waiver; 10405 Hussey Lane; Brian Brown, Stoeppelwerth
Engineers
g. Request for Grant of Perpetual Stormwater Quality Management Easement; 14311
Clay Terrace Blvd; Property Owner
h. Request for Consent to Encroach; 536 Terhune Lane; Property Owners
i. Uniform Conflict of Interest Disclosure Statement; Mark Taylor
j. Resolution BPW 04-17-24-03; A Resolution of the Board of Public Works and Safety
of the City of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and
Badge to Robert P Harris; 28 years of Meritorious Service; Chief Drake Sterling,
Carmel Police Department
k. Resolution BPW 04-17-24-05; Approving the Appointments of Police Chief’s
Executive Assistants; Lieutenant Brady Myers, Deputy Chief of Police Services,
Lieutenant D.J. Schoeff, Deputy Chief of Administration, and Lieutenant Anna
Flaming, Major of Performance and Planning; Chief Drake Sterling, Carmel Police
Department
6. ADD-ONS
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Agenda 2
Wednesday, April 3, 2024 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5 6 7 MEETING CALLED TO ORDER 8 9
Board Member Campbell called the meeting to order at 10:00 AM. 10 11 MEMBERS PRESENT 12
13
Board Members Laura Campbell and Alan Potasnik. Also, present City Clerk Jacob Quinn and Jessica 14 Dieckman. 15 16
MINUTES 17 18 Minutes from the March 20, 2024, Regular Meeting. Board Member Potasnik moved to approve. Board 19
Member Campbell seconded. Minutes approved 2-0. 20 21 BID OPENING AND AWARD 22 23 Bid Award for 2024 Fiber Infrastructure Project; Chris Ogg, Assistant City Engineer, recommended 24 awarding the quote to CSU, Inc., for $199,600.66, as they were the lowest bidder and most responsive. 25 Board Member Potasnik moved to award the bid to CSU, Inc in the amount of $199,600.66. Board 26
Member Campbell seconded. Award approved 2-0. 27 28
Bid Opening for 22-ENG-01 Monon Boulevard Phase 3 29
Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: 30 31 Contractor Bid 32
Williams Charles Construction Company, LLC $13,177,000.00 33
Morphy Construction $13,100,000.00 34
35
Upon review from the Engineering Department, Morphy Construction Bid had an error in their bid, 36
so the correct amount for the bid was $13,415,296.39. 37
38
TABLED ITEMS 39 40
Resolution BPW 03-06-24-09; Lease of Real Property to a Third Party; Lease of Property Located at 41 10583 Lakeshore Drive East That is Not Needed for a Public Purpose and Establish Minimum 42 Monthly Rent; TABLED ON 03-06-2024; Board Member Potasnik moved to take the request from the 43 table. Board Member Campbell seconded. Approved 2-0. Sergey Grechukhin, Corporation Counsel, 44
briefly says that in order to lease a property that is not for public use, it has to be approved by the City 45
Council if the amount we are thinking about collecting is above a certain amount. The City Council 46 approved this item at their last meeting. This is the final step for the city to move forward with a lease 47
draft and find an attendant for that property. Two appraisals determined the right amount. Board 48 Member Potasnik moved to approve. Board Member Campbell seconded. Resolution approved 2-0. 49 50
CONTRACTS 51
Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($924,209.00); 52
Purchase and Lease of Vehicles; Sergey Grechukhin, Corporation Counsel, briefly speaks, the 53
purchase of 22 vehicles, it’s an annual CPD purchase of vehicles, and they rotate vehicles on a four-54
year basis, so they remain in good working order. The original bid was created in the city of Fort 55
Wayne, Indiana. Fort Wayne had overbid, and they had an excess of vehicles, so Carmel wanted to 56
piggyback on that. If one municipality complies with bidding requirements, which Fort Wayne did, the 57
other municipality can do without a bidding process. It qualifies as a special purchase under Indiana 58
Code 5-22-10-5. Three exceptions apply to this: savings to governmental bodies, governmental 59
discount available, and compatibility of equipment, accessories, and replacement parts. Kelley 60
Automotive Group has been providing police vehicles for several years now and is one of the biggest 61
suppliers of police vehicles. Kelley Automotive Group does offer a discount; the discount was $73,533. 62
Board Member Potasnik moved to approve. Board Member Campbell seconded. Request Approved 2-63
0. 64
Plaza Operating Agreement; Edward Rose Development Carmel, LLC; ERS Old Meridian; Sergey 65
Grechukhin, Corporation Counsel, briefly speaks; this is an agreement that outlines the responsibility 66
of two parties for the maintenance of a public plaza. Most of the maintenance is the responsibility of 67
the developer. Board Member Potasnik moved to approve. Board Member Campbell seconded. 68
Approved 2-0 69
Resolution BPW 04-03-24-01; Authorizing City Engineer to Release or Modify Performance Bonds 70
and Other Performance Guarantees; Sergey Grechukhin, Corporation Counsel, briefly says that this 71
resolution allows the city engineer to release and modify performance bonds without the BPW getting 72
involved. It is not necessary under Indiana law, and the engineering department is more than capable 73
of doing this; they have been involved with every project. Board Member Potasnik moved to approve. 74
Board Member Potasnik seconded. Resolution approved 2-0. 75
Request for Purchase of Goods and Services; ($199,600.66); CSU Inc; 22-ENG-13- 2024 Fiber 76
Infrastructure Project; Board Member Potasnik moved to approve. Board Member Campbell moved to 77
approve. Request Approved 2-0 78
Resolution BPW 04-03-24-02; Authorizing Department Heads to Enter into Mutual Aid and Other 79
Non-Monetary Reciprocal Agreements; Sergey Grechukhin, Corporation Counsel, briefly speaks, CPD 80
and CFD enter into agreements with neighboring departments for mutual aid and emergency 81
situations. It is a non-monetary agreement, and no money is exchanged. If there is a significant 82
emergency in surrounding counties and beyond, if we have a mutual aid agreement, our departments 83
can help, and vice versa. For example, big fires, certain emergency situations, terrorist attacks, big 84
collisions, etc. The department heads have already been approving these items, this is more of a 85
housekeeping item. Board Member Potasnik moved to approve. Board Member Campbell seconded. 86
Resolution approved 2-0. 87
88
89
90
REQUEST TO USE CITY STREETS/PROPERTY 91
92
Request to Reserve Parking Spaces Along City Center Drive; Tour Van and Trailer; April 5 through 93 April 7, 2024; 12:00 PM to 8:00 AM; Board Member Potasnik moved to approve. Board Member 94 Campbell seconded. Request was approved 2-0. 95
96
Request to Use Civic Square Gazebo/Lawn and Close City Streets; Special Request to Use Electricity 97
and Fountain Restroom; Carmel Eclipse; April 8, 2024; 7:00 AM to 5:00 PM; Board Member 98 Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 99 100
Request to Use Japanese Garden; Japanese Sister City Committee Meeting; April 14, 2024; 3:30 PM 101
to 6:30 PM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 102
was approved 2-0. 103 104
Request for EMS Services; 5k Fundraiser for Creekside Middle School; April 27, 2024; 7:00 AM to 105 10:00 AM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 106
was approved 2-0. 107 108
Request to Use Midtown Plaza and Close City Streets; Midtown Block Party 2024; May 11, 2024; 109 8:00 AM to 10:00 PM; Board Member Potasnik moved to approve. Board Member Campbell 110 seconded. Request was approved 2-0. 111
112
Request to Use/Close City Streets; Lakes at Hazel Dell Neighborhood HOA Camp Out; May 24 113
through May 25, 2024; 3:00 PM to 9:00 AM; Board Member Potasnik moved to approve. Board 114 Member Campbell seconded. Request was approved 2-0. 115 116
Request to Use Carter Green and Palladium East Patio; Special Request to Use Electricity; Wedding 117
Ceremony; June 8, 2024; 3:00 PM to 7:00 PM; Board Member Potasnik moved to approve. Board 118
Member Campbell seconded. Request was approved 2-0. 119 120
Request to Use Civic Square Gazebo/Lawn; Special Request to Use Electricity and Fountain 121 Restrooms; Indiana Wind Symphony Performance; June 14, 2024; 4:00 PM to 10:00 PM; Board 122
Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 123 124
Request to Use Civic Square Gazebo/Lawn; Special Request to Use Fountain Restrooms; Shabbat in 125 the Park; June 21, 2024; 4:00 PM to 8:00 PM; Board Member Potasnik moved to approve. Board 126 Member Campbell seconded. Request was approved 2-0. 127
128
Request to Use Carter Green; Special Request to Use Electricity and the James Building Restrooms; 129
Carmel Pride; June 30, 2024; 6:00 AM to 11:00 PM; Board Member Potasnik moved to approve. 130
Board Member Campbell seconded. Request was approved 2-0. 131 132
Request to Use Civic Square Fountain Area, Civic Square Gazebo/Lawn, and Close City Streets; 133
Special Request to Use Electricity, Fountain Restrooms, and Reflecting Pool Restrooms; CarmelFest 134
and CarmelFest Fourth of July Parade; July 2 through July 5, 2024; 12:00 PM to 12:00 AM; Board 135
Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 136 137
Request to Use the City Hall Parking Lot; Special Request to Use Electricity; CarmelFest Kids Zone; 138 July 3 through July 4, 2024; 7:00 AM to 10:00 PM; Board Member Potasnik moved to approve. Board 139 Member Campbell seconded. Request was approved 2-0. 140
141
Request to Use/Close City Streets; CarmelFest Freedom Run; July 4, 2024; 7:00 AM to 10:00 AM; 142
Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 143 approved 2-0. 144 145
Request to Use/Close City Streets; 3rd Ave Block Party; August 3, 2024; 2:00 PM to 8:00 PM; Board 146
Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 147
148
Request to Use Palladium East Patio; Wedding Ceremony; August 10, 2024; 2:00 PM to 6:00 PM; 149 Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 150 approved 2-0. 151 152
Request to Use Reflecting Pool; Special Request to Use Electricity and Reflecting Pool Restrooms; 153 Remote Control Submarine Club Convention/Fun Run; August 10 through August 11, 2024; 7:00 AM 154 to 3:00 PM; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request 155
was approved 2-0. 156
157
Request to Use Carter Green, Palladium East Patio, and Close City Streets; Special Request to Use 158
Electricity and James Building Restrooms; 2nd Annual Carmel Jazz Festival; August 9 through August 159 10, 2024; 12:00 AM to 11:00 PM; Board Member Potasnik moved to approve. Board Member 160 Campbell seconded. Request was approved 2-0. 161 162
Request to Use/Close City Streets; 8th Annual Run (317) Village of West Clay Run/Walk; August 29, 163 2024; 12:00 PM to 9:30 PM; Board Member Potasnik moved to approve. Board Member Campbell 164 seconded. Request was approved 2-0. 165 166
Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; August 167 31, 2024; 2:00 PM to 6:00 PM; Board Member Potasnik moved to approve. Board Member Campbell 168
seconded. Request was approved 2-0. 169 170
OTHER 171 172
Request for Open Pavement Cut and Lane Restriction; Spring Mill Road & Burlington Lane; Board 173 Member Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 174 175
Request for Waiver of BPW Resolution No. 04-28-17-01; 10408 N College Ave; Board Member 176
Potasnik moved to approve. Board Member Campbell seconded. Request was approved 2-0. 177 178
Request for Curb Cut; 145 Lantern Lane; Board Member Potasnik moved to approve. Board Member 179
Campbell seconded. Request was approved 2-0. 180 181
Request for Lane and Sidewalk Restrictions; City Center Drive; Board Member Potasnik moved to 182
approve. Board Member Campbell seconded. Request was approved 2-0. 183 184
Request for Right of Way Dedication; L’Etoile; 833 W Main Street; Board Member Potasnik moved to 185 approve. Board Member Campbell seconded. Request was approved 2-0. 186 187
Request for Right of Way Dedication; 20-ENG-04-S- College Ave; Board Member Potasnik moved to 188
approve. Board Member Campbell seconded. Request was approved 2-0. 189 190
Request for Grant of Perpetual Stormwater Quality Management Easement; L’Etoile; 833 W Main 191 Street; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 192 approved 2-0. 193 194
Request for Stormwater Technical Standards Waiver; The Edge at West Carmel; 11335 N Michigan 195 Road; Board Member Potasnik moved to approve. Board Member Campbell seconded. Request was 196 approved 2-0. 197 198
Request for Consent to Encroach; 560 Cedar Lake Court; Board Member Potasnik moved to approve. 199 Board Member Campbell seconded. Request was approved 2-0. 200
201
Request for Consent to Encroach; 833 W Main Street; Board Member Potasnik moved to approve. 202 Board Member Campbell seconded. Request was approved 2-0. 203
204
ADD-ONS 205 206 ADJOURNMENT 207 208
Board Member Campbell adjourned the meeting at 10:28 AM. 209 210 211
212
213 APPROVED: ____________________________________ 214 Jacob Quinn – City Clerk 215 216
217
_____________________________________ 218
Mayor Sue Finkam 219 220 221
ATTEST: 222
__________________________________ 223
Jacob Quinn – City Clerk 224 225
RESOLUTION NO. BPW 04-17-24-01
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesignedtheAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
AlanPotasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
Retail Sales Agreement
ReferenceNumber: 1246697 Date: March21, 2024
PreparedFor: CityofCarmelCityofCarmel - EOCUpgrade
Attn: ToddLuckoskiProject:
ProjectNumber:
PreparedBy: RickStreb
Phone: AVISystemsInc.
Email: rick.streb@avisystems.com1256WashingtonSt, Columbus, IN 47201
Phone: (800)742-5036
Fax:
INVOICE TOSITE
Attn: ToddLuckoskiAttn: ToddLuckoski
CityofCarmelEOC
10701NCollegeAve5032E. MainSt.
Carmel, IN 46280 Carmel, IN 46033
Phone: Phone:
Email: tluckoski@carmel.in.govEmail: tluckoski@carmel.in.gov
CustomerNumber: COC0106
COMMENTS
PRODUCTS ANDSERVICES SUMMARY
Equipment$805,786.61
Integration$222,553.37
PROSupport$0.00
Shipping & Handling$5,000.00
Tax$0.00
1,033,339.98GrandTotal
Unlessotherwisespecified. Thepricesquotedreflectadiscountforacashpayment (i.e., check, wiretransfer) madebyCustomerin
fullwithinthetimestatedforpaymentoneachinvoice. Discountonlyappliestonewitemsincludedontheinvoice, andonlyappliesif
thebalanceontheinvoiceispaidinfull.
Allreturnedequipmentissubjecttoarestockingcharge. Thepricesarevalidfor15daysandmaybelockedinbysigningthisRetail
SalesAgreement.
Overduebalancesaresubjecttoafinancechargeof1.5% permonth, orinterestatthehighestratepermittedbyapplicablelaw. Inthe
eventAVImustpursuecollectionofunpaidinvoices, CustomeragreestopayallofAVI'scostsofcollection, includingitsattorneys'
fees.
INVOICING ANDPAYMENTTERMS
CustomerandAVIhaveagreedonthepaymentmethodof CHECK. Paymentmustberemittedbystatedmethod. Totheextent
Customerseekstouseofanypaymentmethodsotherthanstated, andthatpaymentmethodresultsinanincreasedtransactioncost
toAVI, thenewpaymentmustbeapprovedinwriting, andtheCustomershallberesponsibleforpayingtheincreasedtransactioncost
toAVIassociatedwiththechangeinpaymentmethod. Paymentsshallbemade30daysfrominvoicedate. Solongastheinvoicehas
beensentandtheCustomer'spaymentismadewithinthetermsworkwillcontinue.
Printed on March 21, 2024Page 1of161246697
AVIwillinvoicepertheestimatedpaymentschedulenotedbelow, subjecttomodificationduetoexecutedchangeorders. Unless
otherwisespecified, allitemsquoted (goodsandservices) aswellasapplicableoutofpocketexpenses (permits, licenses, etc.) are
invoicedinsummary.
50% TotalProjectEstimateDeposit, DueonSignature - NoEstimatedPayment1 $ 516,669.99 TaxCollected
90% TotalProjectEstimate (includinganychangeorders)
EstimatedPayment2 $ 413,335.99Paidby/DueonEquipmentDelivery (plustaxonPayment1
and2)
Remaining10% Total - OnAVINoticeofsubstantialEstimatedPayment3 $ 103,334.00 completionoforiginaljobasbid
Customeristomakepaymentstothefollowing "Remitto" address:
AVISystems
POBox842607
KansasCity, MO64184-2607
Customermustmakeallpaymentsintheformofbankwiretransfersorelectronicfundstransfersthroughanautomatedclearinghouse
withelectronicremittancedetail, inaccordancewiththepaymentinstructionsAVISystemsprovidesonitsinvoicetoCustomer.
Amonthlysummaryofdetailedequipmentreceivedisavailableuponrequest. Equipmentreceivedmaybedifferentthanequipment
billedbasedonagreedbillingmethod.
TAXES ANDDELIVERY
UnlessstatedotherwiseintheProductsandServicesSummaryabove, AVIwilladdandincludeallapplicabletaxes, permitfees,
licensefees, anddeliverychargestotheamountofeachinvoice. Taxeswillbecalculatedaccordingtothestatelaw(s) inwhichthe
product(s) and/orservice(s) areprovided. UnlessCustomerprovidesavalidtaxexemptioncertificateforanytaxexemption(s)
claimed, AVIshallinvoiceforandcollectallapplicabletaxesinaccordancewithstatelaw(s), andCustomerwillberesponsiblefor
seekingataxcredit/refundfromtheapplicabletaxingauthority.
AGREEMENT TOQUOTE ANDDOCUMENTS CONSTITUTING YOURCONTRACT WITHAVI
Customerherebyacceptstheabovequoteforgoodsand/orservicesfromAVI. WhendulyexecutedandreturnedtoAVI, AVI'sCredit
DepartmentwillcheckCustomer'screditandapprovetheterms.AfterapprovalbyAVI'sCreditDepartmentandsignaturebyAVI, this
RetailSalesAgreementwill, togetherwiththeAVIGeneralTerms & Conditions (whichcanbefoundat
http://www.avisystems.com/TermsofSale) formabindingagreementbetweenCustomerandAVI. (ThisRetailSalesAgreementand
theAVIGeneralTerms & ConditionsofSale (theT&Cs) arereferredtocollectivelyastheAgreement). Ifnotdefinedinthis
Agreement, allcapitalizedtermsshallhavethemeaninggiventothemintheT&Cs. ShouldAVI'sCreditDepartmentdetermineatany
pointpriortoAVIcommencingworkthatCustomer'screditisnotadequate, orshoulditotherwisedisapproveofthecommercialterms,
AVIreservestherighttoterminatetheAgreementwithoutcauseandwithoutpenaltytoAVI.
Printed on March 21, 2024 Page 2of16 1246697
AGREED ANDACCEPTED BY
AVISystems, Inc.
Company Company
Signature Signature
PrintedNamePrintedName
Date Date
CONFIDENTIAL INFORMATION
Thecompanylistedinthe "PreparedFor" linehasrequestedthisconfidentialpricequotation, andshallbedeemed "Confidential
Information" asthattermisdefinedintheT&Cs. Thisinformationanddocumentisconfidentialandisintendedsolelyfortheprivate
useofthecustomeridentifiedabove. Customeragreesitwillnotdisseminatecopiesofthisquotetoanythirdpartywithouttheprior
writtenconsentofAVI. Sharingacopyofthisquote, oranyportionoftheAgreementwithanycompetitorofAVIisaviolationofthis
confidentialityprovision. Ifyouarenottheintendedrecipientofthisquote (i.e., thecustomer), youarenotproperlyinpossessionof
thisdocumentandyoushouldimmediatelydestroyallcopiesofit.
PRODUCTS ANDSERVICESDETAIL
PRODUCTS:
Model # MfgDescriptionQty PriceExtended
JL679AHPE-Aruba6100EthernetSwitch -12Ports - 3$1,869.22$5,607.66
SWITCHINManageable - 2LayerSupported - Modular - 139
G WPoEBudgetB
AS3LDP7 CHIEF LOWDENSITYWALLMOUNTWITHPDU7$725.00$5,075.00
32BR55U-BLG32IN3840X2160LCDUHD4KMNTRMNTR 4$432.94$1,731.76
HDMIDISPLAYPORTUSB-CSPKR
AVI-TBD-MATERIAL AVI Contingency1$14,000.00$14,000.00
SYSTEMS
920-012274LOGITECHMXKEYSSCOMBOBLACKWRLS 2$199.98$399.96
AVI-TBD-MATERIAL ARUBA MiscMaterial2$9,819.00$19,638.00
BMD-CONVBDC/SDI/HDMI12G/PBLACK MicroConverterBiDirectSDI/HDMI12GPSU 3$235.71$707.13
MAGICDE
C601100003BELDENPTCHCRDBCAT6+ CMRBLK3FT10$15.00$150.00
C601100002BELDENPTCHCRDBCAT6+ CMRBLK2FT10$14.00$140.00
C601100005BELDENPATCHCORDBCAT6+ CMRBLK5FT BLACK10$16.00$160.00
C601100006BELDENPTCHCRDBCAT6+ CMRBLK6FT10$17.00$170.00
C601100004 BELDENPATCHCORD BCAT6+ CMRBLK4FT10 $15.00$150.00
TS325TUCHIEF MEDIUM, 25" EXTENSION, SWINGARMS 2$463.33$926.66
9TB-0118 COVID9-PinD-SubMaleConnector, TerminalBlock 4$19.00$76.00
9TBF-0119COVID9-PinD-SubFemaleConnector, TerminalBlock15 $19.00$285.00
C601100008 BELDENPATCHCORDBCAT6+ CMRBLK8FT10 $18.00$180.00
CSP1222-03MCOVID3.5MMAudioCableMaletoMale, 3ft2$3.00$6.00
K1C110BCHIEF K1CLMNMNTSINGLEDISPLAY1LARM, BLK3$280.62$841.86
CSP1222-10MCOVID3.5MMAudioCableMaletoMale, 10ft 2$10.00$20.00
C601100009 BELDENPTCHCRDBCAT6+ CMRBLK9FT 10 $19.00$190.00
C601100010 BELDENPTCHCRDBCAT6+ CMRBLK10FT10 $20.00$200.00
C601100007 BELDENPTCHCRDBCAT6+ CMRBLK7FT 10 $18.00$180.00
C601100001 BELDENPTCHCRDBCAT6+ CMRBLK1FT 10 $13.00$130.00
CSP1455-22-06 COVIDRCAStereoCable, MaletoMale, 6ft 2$42.00$84.00
CSP1455-22-12 COVIDRCAStereoCable, MaletoMale, 12ft2$44.00$88.00
EC-HD31-18INCOVIDHDMICable, 8K, 48G, 18Inch30 $8.00$240.00
KEY-BLANK-W COVIDKeystone, BlankInsert, White20 $1.00$20.00
PB-11001-W COVIDPlastic1GangWith1-DecoraHoleFrame, White 44 $2.00$88.00
Printed on March 21, 2024 Page 3of16 1246697
PB-D2000-WCOVIDPlasticDecorawith2KeystoneHole, White20$2.00$40.00
USB3-AA-06COVIDUSB3.2 (Gen1) Cable, A-MaletoA-Male, 6ft2$8.00$16.00
USB3-AB-03COVIDUSB3.2 (Gen1) Cable, A-MaletoB-Male, 3ft2$7.00$14.00
USB3-AB-06COVIDUSB3.2 (Gen1) Cable, A-MaletoB-Male, 6ft2$9.00$18.00
USB-AB-03COVIDUSB2.0Cable, A-MaletoB-Male, 3ft4$4.00$16.00
PB-D4000-WCOVIDPlasticDecorawith4KeystoneHole, White20$2.00$40.00
USB-AB-06COVIDUSB2.0Cable, A-MaletoB-Male, 6ft6$5.00$30.00
D1114P-WCOVIDDecora, HDMIPigtailFemale, White4$33.00$132.00
USB-AB-10COVIDUSB2.0Cable, A-MaletoB-Male, 10ft4$7.00$28.00
V-USBC-G2-06COVIDUSB3.2 (Gen2) Cable, C-MaletoC-Male, 6ft2$19.00$38.00
V-USBC-USB3AM-03COVIDUSB3.2 (Gen2) Cable, C-MaletoA-Male, 3ft2$10.00$20.00
W1157F-W COVID1-Gang, 1.5InchBrushGrommet, White8$20.00$160.00
CBL-8K-HD-12CRESTROCertifiedHDMI2.1Cable, 48Gbps, 12ft (3.7m)10 $77.00$770.00
N
CBL-8K-HD-3CRESTROCertifiedHDMI2.1Cable, 48Gbps, 3ft (0.9m) 40 $47.00$1,880.00
N
AM-3200-WF CRESTROAirMediaReceiver3200withWi-FiNetwork 2$1,807.14$3,614.28
NConnectivity
CBL-8K-HD-6CRESTROCertifiedHDMI2.1Cable, 48Gbps, 6ft (1.8m)40$54.00$2,160.00
N
CSP1455-22-03COVIDRCAStereoCable, MaletoMale, 3ft2$41.00$82.00
CBL-8K-HD-9CRESTROCertifiedHDMI2.1Cable, 48Gbps, 9ft (2.7m)20$70.00$1,400.00
N
CP4N CRESTRO4-SeriesControlSystem2$2,200.00$4,400.00
N
DGE-100CRESTRODigitalGraphicsEngine1003$1,571.43$4,714.29
N
DM-CBL-ULTRA-PC-10CRESTRODigitalMediaUltraPatchCable, 10ft (3m)70 $47.00$3,290.00
N
DM-CBL-ULTRA-PC-3CRESTRODigitalMediaUltraPatchCable, 3ft (0.9m) 70 $31.00$2,170.00
N
DM-CBL-ULTRA-PC-20CRESTRODigitalMediaUltraPatchCable, 20ft (6m)30 $60.00$1,800.00
N
DM-CBL-ULTRA-PC-5CRESTRODigitalMediaUltraPatchCable, 5ft (1.5m) 70 $37.00$2,590.00
N
CUSTOM-NEOTI NEOTI CustomQuote23103769 1$397,289.81$397,289.81
DM-CBL-ULTRA-PC-7CRESTRODigitalMediaUltraPatchCable, 7ft (2.1m) 70 $42.00$2,940.00
N
DM-CBL-ULTRA-P-SP500CRESTRODigitalMediaUltraCable, PlenumTypeCMP, 50014 $1,693.00$23,702.00
N ftspool
DM-CONN-ULTRA-PLUG-20 CRESTROConnectorsforDigitalMediaUltraCables, 20Pack5$440.00$2,200.00
N
DM-CONN-ULTRA-RECP-50CRESTRODigitalMediaUltraKeystoneRJ45Jack, 50-Pack 5$1,016.00$5,080.00
N w/TerminationTool
DMF-CI-8 CRESTRODigitalMediaCardChassisforDM-NVX-C & 3$1,571.43$4,714.29
NDMCF, 8Slots
TSD-2220-B CRESTRO21.5in. HDTouchScreenDisplay, Black3$1,571.43$4,714.29
N
TSS-1070-W-S-LBKITCRESTRO10.1in. RoomSchedulingTouchScreen, White 3$1,693.00$5,079.00
N Smooth, includesoneTSW-1070-LB-W-Slightbar
DM-RPP-K24CRESTRODigitalMedia24-PortKeystonePatchPanel 5$153.00$765.00
N
TSW-1070-W-S CRESTRO10.1in. WallMountTouchScreen, WhiteSmooth4$2,200.00$8,800.00
N
UC-C100-TCRESTROCrestronFlexVideoConferenceSystemIntegrator1$3,667.14$3,667.14
N KitforMicrosoftTeamsRooms
TSW-UMB-70 CRESTROUniversalMountingBracketforTSW-70Series7$31.43$220.01
N
UC-C100-T-WMCRESTROCrestronFlexVideoConferenceSystemIntegrator1$3,950.00$3,950.00
N KitwithaWallMountedControlInterfaceforMicro
UCA-RMK-1UCRESTRORackMountKitforUCEngineBracketAssembly2$51.00$102.00
N
IRP2 CRESTROIREmitterProbew/TerminalBlockConnector 2$44.00$88.00
N
Printed on March 21, 2024 Page 4of16 1246697
FW75BZ35LSONY75INBRAVIA4KHDRPROFESSIONAL 3$2,176.00$6,528.00
DISPLAY
FW85BZ35LSONY85INBRAVIA4KHDRPROFESSIONAL 2$3,500.00$7,000.00
DISPLAY
TS-770-W-S CRESTRO7in. TabletopTouchScreen, WhiteSmooth5$1,571.43$7,857.15
N
FW65BZ35LSONY65INBRAVIA4KHDRPROFESSIONAL 4$1,440.00$5,760.00
DISPLAY
RLNK-P915R-SP MIDDLEPremium+ PDUwithRackLink 2$1,681.00$3,362.00
ATLANTI
CORE610QSCNetworkCoreforAV&CprocessingbuiltonDell 2$8,784.29$17,568.58
PowerEdgeServerTechnologyoffering256x256
networke
NC-12X80QSC12xOpticalZoom80HorizontalFieldofView, PTZ3$4,270.00$12,810.00
NetworkCamera, PoE, withHDMIandSDIoutput.
Inc
SPA-QF60X4QSC4-ch, 60W/chQ-SYSnetworkaudioAmplifier, Lo-4$1,542.00$6,168.00
Z, FlexIO, withMic/lineInput, 100-240v
SLMST-610-PQSCQ-SYSCore610licenseforMicrosoftTeams 2$1,382.86$2,765.72
Roomsoftwarefeatures, enablesbothQ-SYS
Scriptingand
CXQ8K8QSCQSC 8-Ch. 1000W/CHQ-SYSAmplifier1$7,500.00$7,500.00
I/OUSBBRIDGEQSCQ-SYSPoEbridgingendpointforAV-to-USB 5$1,785.71$8,928.55
Bridging. DeliversdriverlessUSB2.0connection.
Includes
AC-C6TQSC6.5" Two-wayceilingspeaker, 70/100V 4$145.00$580.00
transformerwith8bypass, 110conicalcoverage,
includesC-ri
NC-110QSC110HorizontalFieldofView, ePTZnetwork 1$1,339.00$1,339.00
camera, PoE, includesmountingbracketfor
monitorandsu
UND6IO-BTQSC4x2Channel2GangUS, Dante/AES67WallPlate2$1,279.00$2,558.00
w/Bluetooth, RCA, 3.5mmI/O, PoE (whiteand
blackfac
UNDX2IO+QSC4x2Channel2GangUSDante/AES67WallPlate1$988.00$988.00
2Mic/LineInx2Out (XLR), PhoenixI/O, PoE
whitean
DM-NVX-DIR-ENT CRESTRODMNVXDirectorNetworkAVSwitching 1$15,714.29$15,714.29
N Appliance, 1000Endpoints
DM-NVX-360CCRESTRODMNVX4K604:4:4HDRNetworkAV 24 $1,414.29$33,942.96
N Encoder/DecoderCard
DM-NVX-360 CRESTRODMNVX4K604:4:4HDRNetworkAV 30 $1,414.29$42,428.70
N Encoder/Decoder
DISCUSSIONMICROPHONE TELEVICCustomConferenceSystem 1$58,393.90$58,393.90
SYSTEM
CSP1222-06MCOVID3.5MMAudioCableMaletoMale, 6ft2$5.00$10.00
509178SENNHEISTeamConnectCeiling2Microphonekit. Includes 3$5,121.54$15,364.62
ER (1) TeamConnectCeiling2microphone, (1)Setof
SLCM
AVI-TBD-MATERIAL AVI RETAINERFORWARRANTYLABOR1$4,000.00$4,000.00
SYSTEMS
INTEGRATION
Sub-Total: INTEGRATION $222,553.37
Sub-Total: $805,786.61
Total: $1,028,339.98
Printed on March 21, 2024 Page 5of16 1246697
SERVICESTOBEPROVIDED
4%'2!4)/. 3#/0% /& 7/2+
Thisquote and design isfor theUpgrade tothe Carmel EOC.
TheExisting Speakers andequipment racks will berepurposed inthesystem.
2 ª2®®¬
Theexisting Biamp, Crestron, and Planar Equipment will beremoved from the
racks. Theexisting OFE PC’sinthe rack will beconnected tothenewsystem.
One (1) New Crestron Enterprise Director willbeinstalled aspart ofthisproject inthe Data Center, which is
inadifferent Facility than theEOC.
One (1) New QSYS Core 610will beinstalled aspartofthis project intheDataCenter, which isina
different Facility than theEOC.
The Existing OFE Rack will receive thefollowing new equipment.
NewPDUs
One (1) QSYSCore610s
Four (4) SPA-QF60X4Amplifiers
One (1) 8K8Amplifier
Three (3) CrestronDMF-CI-8ChassiswithEight (8) NVX360Cardsineach.
Two (2) CP4N’s
Two (2) UC-C100-TFlexKits (onefortheprimaryroomandonefortheConferenceRoom)
Two (2) I/OBridges
Two (2) ArubaJL728ASwitches (Clientwillprovidealltransceiversandpowersuppliesneeded)
Two (2) AM-3200-WF
TheAM-3200-WFs willbemade available toallrooms inthefacility andlisted asWireless AandB
One (
1) 65” Display will be installedto anarticulatingmount. One (
1) NVX 360 willbeinstalledat thedisplay. Pricing
includesinstallationofcategorycablingfromthedisplaytotheOFE
rack. One (1) NVX 360willbeinstalledattheDirectorDesktoallow
forcontentsharingPricing
includesinstallationof categorycablingfromtheracktothedesk. One (
1) 22” Touch Panel will bemountedto thedeskin theoffice. One (1) NVX 360 and one (1) DGE
100 willbe installedat thetouch panel. Printed
on March 21, 2024 Page 6 of161246697
Pricingincludesinstallationoftwo(2)categorycablesfromthetouchpanelequipment
totherack. TheOFESpeakerwillbeintegratedintothedesign.
6¨£¤® 7
One (1) 32:9 .9mm ppdirect view LED wall measuring 23’ 7.46” X6’ 7.72” with ananticipated resolutions
of7680X2160 willbeinstalled inplace oftheexisting 3X3 video wall.
AVIsystemswillprovideacontractortocreateawalltoencompassthevideowall, add
electrical,andrelocatetheexistingdata,power,andventinginthislocationtothefrontof
thenewbuildout.
Cat6aShieldedcablingwillbeinstalledfromthevideowalltotheexistingracks.
One (1) NovastarH15willbeinstalledintheOFEracktomanagethevideowall.
Twelve (12) HDMI 2.0InputCards
Three (3) HDMI2.0outputCards
SendingCards
Includes10%
SpareParts.
Includes 5Year Manufacturer warranty onmaterials.
Includes 1year ofPremium Neoti Carewhich canbe
renewed annually. Pricing includes AirFreight.
0±¨¬2®®¬
One (1) 65” Display willbewall mounted toanarticulating mount above thecurrent printer location.
One (1) NVX360willbeinstalledatthedisplay.
Pricingincludesinstallationofcategorycablingfromthedisplaytothe
OFErack. One (1) 7”touchpanel, NVX360, andIOBridgewillbe
installedattheOFELectern
Three (3) categorycableswillbeconnectedtotheequipment. Routedthroughtechflex.
One (1) 10” Table touch panelwillbeinstalled atthe first row forcontrol ofthe flex kitand teams
room.
Pricing includes installation ofcategory cabling from thedisplay totheHUB ateach
desk location.
Four (4) 32” Monitors will beinstalled atthedesks, two (2) oneach row.
One (1) NVX360willbeinstalledateachmonitortoprovidecontent.
PricingincludesinstallationofcategorycablingfromthedisplaytotheHUBat
eachdesklocation.
One (1) NVX360willbeinstalledateachmonitorforcontentsharing.
Printed on March 21, 2024 Page 7of16 1246697
PricingincludesinstallationofcategorycablingfromthedisplaytotheHUBat
eachdesklocation.
One (1) 7” tabletoptouchpanelwillbeinstalledateachmonitorlocation.
PricingincludesinstallationofcategorycablingfromthedisplaytotheHUBat
eachdesklocation.
One (1) I/OBridge will beinstalled toallow for BYOD video conferencing.
Two (2) Sennheiser Team Connect 2Microphones willbeinstalled intheceiling tocover the
space forstandard video conferencing. Mute Color Red, Active Green. Button Press onthe
touch panel tomute/unmute forboth theSennheiser andthe Televic System.
Fourteen (14) Standard Confidea FlexWired Mics will be installed onthedesks.
Micswillbewiredtohubsattheendofthetable.
Two (2) Multimedia Flex Microphones will beinstalled atthe desks.
Micswillbewiredtothehubsattheendofthetable.
Three (3) QSYS PTZ 12X80 cameras will bewall mounted throughout thespace and
configured toauto switch based upon theceiling microphone feedback.
Pricingincludesinstallationofcategorycablingfromthecamerastotherack.
Two (2) 22” will bemounted tothedesk intheprimary space. One (1) NVX 360 andone (1)
DGE 100will beinstalled atthe touch panel.
Pricingincludesinstallationoftwo (2) categorycablesfromthetouchpanelequipment
totherack. TheexistingspeakerswillbeconnectedtooneoftheSPA-QF60X4
amplifiers intherack.
One (1) Bluetooth and Analog Audio wallplate will beinstalled inthehalfwall inthefront row ofthe
desks.
Pricingincludesinstallationofcategorycabling.
One (1) Aruba JL679A Switch willbeinstalled oneach row. Client will provide thenecessary
transceiver fortheswitch.
Two (2) wireless keyboards and mice will be provided toconnect totheOFE Rack PC’s
Conference Room
Two (2) 85” Displays will beinstalled side byside onthewall which currently hasthe closet.
AVISystemswillprovideacontractortobuildoutthewall, installpowerforthedisplay,
removetheexistingscreen, relocatepowerforthesidedisplays.
One (1) 65” Display will beinstalled oneach sidewall.
One (1) NVX360willbeinstalledateachdisplay.
Pricingincludesinstallationofcategorycablingfromthedisplaytothe
OFErack. Two (2) TouchPanelswillbeinstalledtowallmountsbeside
theegressdoor.
Printed on March 21, 2024 Page 8of16 1246697
OnePanelwillcontrolnativeTeamsmeetings.
OnePanelwillcontroltheroom.
One (1) NVX 360 willbeinstalled atthe table toallow content sharing.
Pricingincludesinstallationofcategorycablingfromtherackto
thetable. One (1) I/OBridgewillbeinstalledforBYOD
connectivityintheroom.
Pricingincludesinstallationofcategorycablingfromtherackto
thetable. One (1) NC-110camerawillbeinstalledbelowthe86”
displays.
Pricingincludesinstallationofcategorycablingfromthecamerato
therack. One (1) SennheiserTeamConnect2willbeinstalledinthe
ceilingforaudiopickup.
Pricingincludesinstallationofcategorycablingfromthemicrophoneto
therack. Four (4) AC-C6Tspeakerswillbeinstalledintheceilingofthe
roomforprogramaudio.
Install16/2fromspeakerstotherack, connecttothe8K8.
One (1) Bluetooth andanalog audio wall plate willbeinstalled below thetouch panels.
Pricingincludesinstallationofcategorycablingfromtheracktothewallplate.
3¬2®®¬²One (
1) 75” Display will bewallmounted in eachroom. One (
1) NVX 360willbeinstalledbehindthedisplay. Pricing
includesinstallationofcategorycablingfromtheracktothedisplay. One (
1) NVX 360 will beinstalledunder the desk. Routed through client provided pass through. Pricing
includesinstallationofcategorycablingfromtheracktothedevice.
Audio willbeheardthroughthein-displayspeakers. One (
1) 10” Color touch panel will be installedin placeof theexistingtouch panel for controlin therooms.
Pricing
includesinstallationofcategorycablingfromtheracktothetouchpanel. 0±¤²² &¤¤£
One (1)
Two (2) XLR IN and Two (2) XLR OUT wall plate will be installedbehindthe lectern for the press feed.
Printed on
March 21, 2024 Page 9 of 161246697
Pricingincludesinstallationofcategorycablingfromthewallplatetotherack.
2®®¬ 3¢§¤£´«¨-¦
One (1) Room Scheduling panel with light bar will beinstalled attheegress door fortheConference
Room.
Pricingincludesinstallationofcategorycablingfromtheracktothe
device. Two(2)RoomSchedulingpanelswithlightbarwillbe
installedfortheprimaryspace.
Pricingincludesinstallationofcategorycablingfromtheracktothedevice.
Programming
Director’sOffice
TheTS2220willbeprogrammedtomirrortheTS2220’sintheprimaryareawiththe
additionoftheofficecontrol.
AudiocontroloftheofficedisplayandVideocontrolofcontentroutingintheofficeas
wellastheprimaryroom/videowall.
Primary Room
TS220swillhavefullcontroloftheroomwiththeabilitytocontroltheceilingspeakers,
mute/unmutethemicrophones, audioselectionandcontrolofthepressfeedand
Bluetoothwallplate, selectthevideowallpresetlayouts, routevideofromtheclientNVX
systemwhichwillincludecontentfromthecity-widesystem.
TS-770basicaudiocontroloftheroom, microphonemute/unmute, basicpresetrecallat
itspaired32” monitor.
MicrosoftTeamsmeetingscanbemanagedfromthe10” touchpanelofthe
pairedFlexkit. SmallConferenceRooms
TSW1070ineachroomwillcontrolitsrespectivespace,controlvolumeofthe
display,selectthe locationHDMIinputoravarietyofpredefinedcontentpresets.
Conference Room
MicrosoftTeamsmeetingscanbemanagedfromthe10” TouchpanelofthepairedFlexkit.
nd2touchpanelwillallowforaudiocontrolintheroom,microphonemute/unmute,video
routingforall4displayswiththeabilitytosharecontentfromthevideowallasneeded.
This quote also includes $4000 ofcredits toprovide installation, project management, programming orfield
engineering. Each labor rate willbebilled attheas:
Service Tech II -
135/Hour Service Tech
Printed on March 21, 2024 Page 10 of16 1246697
III - $150/Hour
Programming -
175/Hour Engineering -
170/hour
Field Engineering-Commissioning - $170/hour
This quoted contract price does notinclude Bonding, bonding canbeprovided foranadditional costof
15,000 This quoted contract doesnotinclude taxes. Client will beresponsible foranyandalltaxes if
requried.
AContingency Fee has beenincluded inthis quote. The Contingency willonlybe utilized tocover
changes incost ofequipment between quoting and issue ofaPO, additional expiditied shipping fees,
orout ofscope work. Client will benotified by anAVI Systems projector manager forany useofthe
contingency and will request approval before utilizing. Any remaining funds from thecontingency
feeatthe end oftheproject will either becredited totheclient account orrefunded onanamended
PO.
2¤²¯®-²¨¡¨«¨³¨¤² Client to coordinate all installation
scheduling withthe AVISYSTEMS Project Manager Providekeys/access card for
utilization by our staff toaccess the roomsand buildingon thedates of installation. Client toensure the
room
in questionis availableand free of debrisand obstructionsfortheduration ofthe installation. Clientto provide
disposalarea
for allinstallation trash and materials. Clientto provide active
power at therack location prior toinstallation. Clientto
provide activedata at theswitch and flex kitlocations. Client
toassist anAVI
engineerwillnetwork setupofall deviceson theirnetworkifrequired. Clienttoprovide the
Transceivers andconfigurationfor theAruba Switchesas required. Clientto
provide theMicrosoft
teamslicensesfor thetwo (2) Flex Kitspriorto installation. Clienttoprovidesetup
and configurationofthe roomschedulingpanels onceinstalled. 8#,53)/.
3The
following work is -®³ ¨-¢«´£¤£ inourScopeofWork: All conduits, highvoltage, wiringpanels, breakers, relays, boxes, receptacles,
etc. Concrete saw cutting and/or core
drilling Firewall, ceiling, roof, andfloor penetration
Necessary gypsum board replacementand/or
repair Necessary ceiling tile or T-bar
modifications, replacements, and/orrepairPrinted on March 21, 2024Page
11 of 16 1246697
Structural support ofequipment *AVI Systems isnot responsible for building-related vibrations
Installation ofthe ceiling-mounted projection screen
Allmillwork (moldings, trim, cutouts, etc.)
Patching and Painting
Permits (unless specifically provided forand identified within thecontract)
Unless otherwise stated, thepricing inthisagreement does notinclude prevailing wage orunion labor
Unless specifically noted, lifts and scaffolding arenotincluded
3425#4)/. #/.3)$%2!4)/.3
Inordertoaccomplishtheoutlinedgoalsofthisproject, theCustomerwillberesponsibleforcontracting
withanoutsideentitytomakethenecessarymodificationstothespaceasdirectedbyAVISystems. The
costsassociatedwiththesemodifications arenotincludedinthisproposal.
4)#%4()33#/0% /& 7/2+ )3 $%,)6%2%$ /. 4(% "!3)3 /& 4(% &/,,/7).'
ASSUMPTIONS:
Theroom(s) match(es) thedrawings provided.
Sitepreparation bytheCustomer and their contractors include electrical anddataplacement per AVI
Systems specification.
Sitepreparation will beverified by AVISystems project manager orrepresentative before thescheduling of
theinstallation. Allwork areas should beclean anddustfree prior tothebeginning oftheon-site
integration ofelectronic equipment.
Customer communication ofreadiness willbeconsidered accurate andexecutable byAVI Systems project
manager.
Intheevent ofanyarrival tothe sitethat AVI Systems isnotable toexecute work efficiently anddefinably
progress, theCustomer will becharged afeetoreimburse AVI Systems foralllost time and inefficiencies.
Atthis time, the Customer will bepresented with aContract Change Order and will/mayhalt work until
acceptance bytheCustomer andrescheduling oftheintegration effort isagreed upon.
Rescheduling and redeployment ofAVI Systems technicians duetounacceptable site preparation may
cause scheduling delays ofupto10business days.
There isready access tothe building/facility andtheroom(s) for equipment and materials.
There issecure storage forequipment during amulti-dayintegration.
IfCustomer furnished equipment and existing cabling are tobeused, AVI Systems assumes that theseitems
are ingood working condition atthis timeand will integrate intothe designed solution. Any repair,
replacement, and/orconfiguration of these items that may benecessary willbe made atanadditional cost.
All Network configurations, including IPaddresses, aretobeprovided, operational andfunctional before
AVI Systems integration begins. AVISystems will notberesponsible for testing theLAN connections.
Cable orSatellite drops must beinplace with converter boxes operational before thecompletion of
integration. Any delay resulting inextra work caused bythelatearrival ofthese items willresult ina
change order fortime andmaterials.
Document review/feedback ondrawings/correspondence will becompleted bytheCustomer within two
business days (unless otherwise noted).
Thedocumented Change Control process willbeusedtothe maximum extent possible – theCustomer will
have anassigned person withtheauthority tocommunicate/approve project Field Directed Change Orders
and Contract Change Orders (see Appendix).
Indeveloping acomprehensive proposal forequipment and integration services, AVI Systems’ Sales
Representatives andEngineering teams must make some assumptions regarding thephysical construction
ofyour facility, theavailability oftechnical infrastructure, andsiteconditions forinstallation. Ifany ofthe
conditions wehave indicated inthesite survey form are incorrect orhave changed for your project or
project site, please letyour Sales representative know assoon aspossible. Conditions ofthesitefound
during theintegration effort, which are different from those documented, mayaffect theprice ofthesystem
solution, integration, orservices. Toensure that youhave an accurate proposal based onyour facility and
specific totheconditions ofyour project, please review all project documentation carefully.
4%'2!4)/. 02/*%#4 -!.!'%-%.402/#%33%3
AVISystemswillfollowafoundationalprojectmanagementprocesswhichmayincludethefollowing
actions/deliverables (basedonthesize/complexity/durationoftheintegrationproject):
Printed on March 21, 2024 Page 12 of16 1246697
SiteSurvey – performed priortoRetail Sales Agreement and attached
Project Welcome Notice –emailed upon receipt ofPurchase Order
Project Kick-Offmeeting withCustomer Representative(s) – either byphone orin-person
Project Status reviews –informal orformal –either byphone orinperson (based onthe
size/complexity/duration oftheproject)
Project Change Control –comprised ofField Directed Change Order and/orContract Change Order
submittals (see Appendix)
Notice ofSubstantial Completion (seeAppendix) – atCustomer walk-through – prior toService Transition
7,%$'% 42!.3&%242!).).'
Thisisgearedspecificallytowardstheend-user / operator. Thepurposeofthisknowledgetransferisto
provideoperatorswiththenecessaryknowledgetoconfidentlyandcomfortablyoperateallaspectsof
theintegratedsystem. Areascoveredincludethefollowing:
Equipment and system overview
Equipment operation and function
Equipment start-up, stop and shut down
Equipment automatic and manual operation
Discussion anddocumentation relating tocontrol system operation
Discussion and documentation relating tothe system processor and itscontrol applications
Powering upandpowering down theAV system viathecontrol system
Manual operation ofdisplay systems, audio systems, andallother related components
Use/operation ofpatch panels, when and where tobeused
Whom tocall when helpisrequired
6) 3934%-3 ).4%'2!4)/. 3%26)#%32%30/.3)"),)4)%3
AVISystemswillprovideservices/workfortheprojectasdescribedaboveintheScopeofWorkorper
theattachedseparateScopeofWorkdocumentdetailingthescopeofworktobeperformed.
Provide equipment, materials, andservice items per thecontract products and services detail.
Provide systems equipment integration andsupervisory responsibility for theequipment integration.
Provide systems configuration, checkout, andtesting.
Provide project timeline schedules.
Provide necessary information, asrequested, totheowner orother parties involved with thisproject to
ensure that proper ACelectrical power andcableways and/orconduits areprovided toproperly integrate
theequipment within the facilities.
Provide manufacturer-supplied equipment documentation.
Provide finaldocumentation and “asbuilt” system drawings (CAD) - ifpurchased.
Provide system training following integration tothedesignated project leader orteam.
534/-%2 ).4%'2!4)/. 3%26)#%32%30/.3)"),)4)%3
Provide fortheconstruction or modification ofthefacilities for soundproofing, lighting, electrical, HVAC,
structural support ofequipment, and decorating asappropriate. Includes installation ofany ceiling-
mounted projection screen.
Provide for the ordering, provisioning, installation, wiring, andverification ofany Data Network (LAN,
WAN, T1, ISDN, etc.) andTelephone Line (Analog orDigital) equipment and services prior toon-site
integration.
Provide all necessary cableways and/orconduits required tofacilitate AV systems wiring.
Provide all necessary conduits, wiring, and devices fortechnical power totheAV systems equipment.
Provide reasonable access ofAVISystems personnel tothefacilities during periods ofintegration, testing,
andtraining, including offhours and weekends.
Provide asecure areatohouse allintegration materials andequipment.
Provide aproject leader who will beavailable forconsultation andmeetings.
Provide timely review and approval ofalldocumentation (Technical Reports, Drawings, Contracts, etc.).
2).' 3%26)#%3
2).' 3#/0% /& 7/2+
2).' 3%26)#%34/ "% 02/6)$%$
Printed on March 21, 2024 Page 13 of16 1246697
AVISystemswillworkwiththeCustomerandanyrelateddesignprofessionalsselected (architects,
engineers, etc.) toprovideinitialandongoingaudiovisualsystemsdesignandengineeringsupportfor
thisproject.
AVISystemsstronglyencouragesthefosteringofatrulyopen, cooperative “designteam” approach, with
teammembersbringingunique, valuableinsightfromtheirspecialperspectivetotheteam.
Thegoaloftheseservicesisasfollows:
Understand clearly thecurrent andfuture AV needs oftheCustomer.
Provide accurate construction documents fortheimplementation oftheAV-related infrastructure.
Provide anoverall AV plan that will allow forthe procurement ofappropriate AV equipment and
installation, complete with system diagrams, ensuring correct integration of theequipment.
Compile thedata gathered during theengineering process into an Integration Agreement foraturnkey
installation ofallAV systems, with the added value ofaseamless integration process.
TheDesignProcesscanbemodifiedatanytimeperthedirectionoftheCustomer –otherwise, itshall
followthisgeneraloutline:
AVProgramReview / Verification – TheAVISystemsdesignteamwillobtainfromtheCustomerthe
operationalspecificationsdesiredfortheaudioandvideosystemswithinthedesignatedfacility.
Additionalfacilityinformationwillberequired, includingthebuilding’selectricalandstructural
infrastructure, aswellasthephysicalsizesofeachroomorspace. UsingcompatibleAutoCADdrawings,
theintegrationofdesiredAVsystemswithinavailablespaceswillbevisualized. Duringthisinitialdesign
phase, variousequipmentoptions, withaneyetowardfutureexpandabilitywhilemaintainingcurrent
value, willbesuggested.
BudgetVerification – TheAVISystemsdesignteamwillcreateaprojectscopecompiledfromthe
informationreceivedfromtheCustomer. AVISystemswillgeneratecostestimatesforthevarious
systemsasoutlinedaboveandcomparethesebudgetestimatestoanyinitialAVbudgets. Thisprocess
willreaffirmtheexactdirectionthatengineeringresourcesshouldtargetinthenextphase.
InitialDesign – Duringthisphase, AVISystemswillbeginapplyingtheabove-definedsystemsindetailto
thevariousareasoftheCustomerfacility. FurthercommunicationsbetweentheCustomerandtheother
designteammembers, asvariousoptionsareexplored, willbenecessaryatthistime. Typicaldeliverables
fromthisphasewouldincludethefollowingdrawingsand/ordocuments.
Preliminary AVFloor Plan andElevations detailing locations ofallAVdevices
Preliminary Projection Geometry detailing projection/screen locations with viewing angles, mounting
details, etc.
Preliminary AVTechnical Power, Conduit Plans, and Riser Drawings
Preliminary AVVideo Flow
Preliminary AVAudio Flow
Preliminary AVControl Flow
Preliminary AV Rack Layouts
Preliminary Equipment Lists
Preliminary Budget Estimates
Submittaloftheaboveforthevariousroomswillbeaprogressiveprocess, withmostcriticaldrawings
beingsubmittedfirst, allowingconstructiondetailstobeavailableonanas-neededbasis. Duringthis
process (modifications tothepreliminaryplans, duetoavarietyofconsiderations:
architectural/aestheticconsiderations, budgetreviews, etc.), electronicexchangeofAutoCADdrawings
betweenalltheteammemberswillfacilitateaquickexchangeofupdates. Specificdesignfreezedateswill
beestablishedwithallpartiestofacilitatetimelysubmittalsandhelpmanagetheCustomer’sendcost. All
changesaretobereviewedandapprovedbyallparties.
FinalSystemsDesign – Thechangesmadeinthepreviousphasetothepreliminarydesignswillbe
updatedandregeneratedas “final” constructiondocuments. AVISystemswilltypicallyworkfrom
backgrounddrawingsfromanarchitectundercontracttotheCustomer, enteringAV-specificdataand
returningthesebacktothearchitect (orotherCustomerretaineddesignprofessional) forintegration
intofinalconstructiondocuments.
Printed on March 21, 2024 Page 14 of16 1246697
ProjectSpecificationsDocument –Thefinalaudiovisualsystemsdesignswillbecompiledintoawritten
projecttechnicalspecificationsdocumentwithequipmentlistsandanypricingnotalreadyincludedin
thequoteforcompleteintegration. Thisdocumentwillincludethefollowingsystemdiagramsand
documents.
AVFloor Plan andElevations detailing locations ofAVdevices
AVVideo Flow
AVAudio Flow
AVControl Flow
Equipment listsasspecified
System infrastructure requirements, including cable and termination specifications
System operational andpost-operational requirements
Project Scope ofWork
Project costs
Project Integration Agreement
02%0!)$ ",/#+
02%0!)$ ",/#+ $%&).)4)/.3
PreventiveMaintenance – AVISystemspersonnelperformthenecessarycleaning, adjustments,
functionaltests, andreplacementofpartstokeeptheequipmentingoodandefficientoperating
condition. Anyrepairsoroperatinginstructionswillbedoneatthistime.
RemoteDiagnostics – aservicewherebyremotecallsaremadetocommunicationsandterminal
equipmentviaCustomerprovidedanaloglineorIPconnectiontodeterminenetworkand/orboard-level
failuresandremedies. OnlyavailablewhereequipmentiscapableandconfiguredbyAVISystemsto
providesame.
02%0!)$ ",/#+ 4%2-3
LaborHours
All labor costs for services rendered will beapplied against thecontract amount
Service and support outside ofnormal business hours (Mon – Fri / 8am – 5pm) will becalculated at1.5
times the actual hours
Technician travel timeforon-siteservices iscalculated portal-to-portal
Any additional service hours requested beyond thecontract amount willbeadditionally invoiced atthe
contract rate
Parts, Materials, andOtherExpenses
Atthe Customer’soption, thePrepaid Block mayalsobeapplied against thecost ofallparts, materials, and
other expenses costs forservices provided rendered; or
Any additional parts, materials, andother expenses services costs beyond willbeadditionally invoiced
CoverageDates – Unlessotherwisestated, theservicecoveragedatewillbeeffectiveasoftheAVI
SystemsPrepaidBlockinvoicingdate. AVISystemsreservestherighttowithholdservicesuntilthe
invoiceispaidinfull.
Subjecttoanylimitationunderapplicablelaw, unusedPrepaidBlocksexpire24monthsafterissuance.
02/$5#43500/24 !'2%%-%.44%2-3
Term – Thetermoftheagreementisfive (5) yearsfromthedateofinvoice.
CoverageDates – Unlessotherwisenoted, theservicecoveragedatewillbeeffectiveasoftheAVI
Systems’ SupportAgreementinvoicingdate.
ProductRegistrationandRenewability – Thisagreementisnon-renewable, andAVISystemsrequiresthe
ownertosubmitserialnumbersofproductscoveredtoAVISystemswithin30daysofdelivery. AVI
Systemswillmakeitscommerciallyreasonableeffortstocollectsuchinformationintheeventofproduct
dropshipping.
ServiceObligations – AVISystems’ obligationsunderthisAgreementarelimitedtoprovidingphone
supportforproblemdiagnostics, in-shopmaintenanceadjustments, break-fixrepairs, andpart
Printed on March 21, 2024 Page 15 of16 1246697
replacementsrequiredfortheequipmentlistedaboveintheProductsandServicesDetailsection, hereto
the "CoveredEquipment"). SuchserviceshallbeprovidedduringnormalAVISystemsbusinesshours,
and (a) shallincludeonlymaintenanceforcurrentmanufacturedpartsandlaborrequiredtorepairthe
CoveredEquipmentwhichhasbecomedefectivethroughnormalwearandusage, and (b) shallprovide
allmaterialsandparts, and (c) isintendedtokeeptheCoveredEquipmentingoodworkingorderduring
thetermofthisAgreement, (d) normalturnaroundtimeforCoveredEquipmentserviceshallbe10
businessdays, and (e) doesnotassureagainstinterruptionsintheoperationoftheCoveredEquipment.
ServiceExclusions – ForsituationswhereAVISystemsisprovidingserviceorsupportunderthis
Agreement, nocostservice, maintenance, orrepairshallnotapplytotheCoveredEquipmentifany
personotherthananAVISystemstechnicianorotherpersonauthorizedbyAVISystems, withoutAVI
Systems, priorwrittenconsent, improperlywires, integrates, repairs, modifiesoradjuststheCovered
EquipmentorperformsanymaintenanceserviceonitduringthetermofthisAgreement. Furthermore,
anyCoveredEquipmentservice, maintenance, orrepairshallnotapplyifAVISystemsdetermines, inits
solediscretion, thattheproblemswiththeCoveredEquipmentwerecausedby (a) theCustomer's
negligence; or (b) theft, abuse, fire, flood, wind, lighting, unreasonable powerlinesurgesorbrownouts, or
actsofGodorpublicenemy; or (c) useofanyequipmentforotherthantheordinaryuseforwhichsuch
equipmentwasdesignedorthepurposeforwhichsuchequipmentwasintended, or (d) operationof
equipmentwithinanunsuitableoperatingenvironment, or (e) failuretoprovideasuitableoperating
environment asprescribedbyequipmentmanufacturerspecifications, including, withoutlimitation, with
respecttoelectricalpower, airconditioning, andhumiditycontrol.
General – AVISystemsreservestherighttoassignthisAgreementtootherpartiesinordertofulfillall
warrantiesandobligationsexpressedherein.
ProductSupportAgreementTermsareinadditiontoAVISystems’ GeneralTermsandConditionsofSale.
Printed on March 21, 2024 Page 16 of16 1246697
TheInterlocalPurchasingSystem
Qvsdibtjoh!Nbef!Qfstpobm
Qsjoufe9!Opwfncfs!3134
www.avisystems.com
AVISystemsInc
EMAIL PO & VENDOR QUOTE TO: TIPSPO@TIPS-USA.COM POAND QUOTE MUSTREFERENCE VENDOR TIPS
CONTRACT NUMBER ATTACH POASAPDF - ONLY ONEPO (WITHQUOTE) PERATTACHMENT
PAYMENT TOTIPS CONTACT
8019BondStreetADDRESSCharlie MartinNAME
LenexaCITY PHONE 866) 839-8477
KSSTATE 866) 839-8472FAX
66214ZIP tips@tips-usa.comEMAIL
NNDISADVANTAGED/MINORITY/WOMAN BUSINESS ENTERPRISE:HUB:
SERVINGSTATES
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT |
NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WI | WY | PR
Overview
AVISystems istheworld'slargestAVIntegration company. Wearecapableofhandlingprojects thatrangefromsmall
teamroomstothelargest stadiums' AVneeds. Weareacomprehensive company solution starting withpro-
development, pro-design, pro-integration, andwrapping yourprojectupwithourpro-support. Theworld'slargest list
ofmanufacturers andsolutions areavailable fromAVISystems.
AWARDEDCONTRACTS "ViewEDGARDoc" onWebsite
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311:15Bvejp!Wjtvbm!Frvjqnfou-!Tvqqmjft-!boe!Tfswjdft2204103134Tff!FEHBS!Dfsujgjdbujpo!Epd/
CONTACTSBYCONTRACTS
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Nbsl!XbssfoFyfdvujwf!Bddpvou)573*!614.2811nbsl/xbssfoAbwjtztufnt/dpn
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Company Name
Address
City State Zip
Phone Fax
Email ofAuthorized Representative
NameofAuthorized Representative
Title
Signature ofAuthorized Representative ative
Date
TIPS Authorized Representative Name
Title
TIPSAuthorized Representative SignatureativeSignature
Approved byESC Region8
Date
SignatureEmail
Submittedat10/16/20209:45:58AM
Noresponse
Noresponse
Noresponse
Noresponse
Noresponse
Noresponse
Noresponse
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DONOT
1
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
EXHIBIT D
AFFIDAVIT
being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
the “Employer”)
in the position of ______________________________________.
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the _________day of __________________________, 20___.
Printed:_____________________________
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: _____________________________
CzBmmjtpoMzodi.NdHsbuibu23;59qn-Bqs1:-3135
CzTfshfzHsfdivlijobu4;55qn-Bqs21-3135
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
thereof.
3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including
anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due
and payable. Final payment toContractor shallnot become due and payable until and unless all
Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and
performed inaccordance with theContract Documents and issatisfactory toandapproved byCity.
3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity
except those arising from:
a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled;
b. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
c. Terms ofspecial warranties required bytheContract Documents;
d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment;
e. Claims byCityattributable todefective work orprior corrective work, appearing after final
inspection;
f. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties,
guarantees ormaintenance bonds specified bytheContract Documents orarising
thereunder; and
h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations
under theContract andtheContract Document.
3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of
allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis
Agreement, previously made inwriting and submitted inatimely manner, and specifically identified
and reserved byContractor asunresolved intheapplication for finalpayment.
4. CONTRACT DOCUMENTS:
4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving,
supervision, services, supplies, machinery, equipment, storage and any necessary rigging as
required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or
attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof
Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively
Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor
acknowledges thatallreferenced Contract Documents are apartofthisAgreement.
4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate
opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain
copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be
excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe
Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents
thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents
tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform
theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland
strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the
2
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable
codes and laws.
4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been
prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are
without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability
thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the
acceptability, accuracy orcompleteness oftheContract Documents orother information anddata
prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with
respect toanypatent orlatent defects, deficiencies, errors andomissions therein.
4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City
with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and
investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor
waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion
deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City.
4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire
allitems andaspects oflabor, material, equipment, services and transportation incidental toor
necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe
Project. The Contract Documents are complementary, andwhat isrequired by any onedocument
shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or
which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may,
atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable
therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart
ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa
shall beconsidered aspartofthe Work, thesame as though included inboth.
4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and
similar submittals required bytheContract Documents with reasonable promptness and insuch
sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors.
IfContractor shall make changes indesign, including dimensional changes, either through shop
drawings oractual field work, itshall accept the responsibility forthe structural and functional
adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or
functional inadequacies which maydevelop because ofsuch changes shall beremedied by
Contractor unless such change isspecifically included inachange order.
4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt
fromsales and compensating use taxes onalltangible personal property (materials, equipment and
components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges
representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise
fees andtaxes ofany kind whatsoever.
5. WARRANTY:
5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe
Goods and Services/theWork covered bythis Agreement willconform tothose certain
specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity
and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by
3
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely,
goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s
intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis
Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient
fortheirparticular purpose.
5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract
Documents willbe ofthebestquality andnew unless theContract Documents require orpermit
otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish
anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods,
Work, materials, orequipment not conforming tothese requirements may beconsidered defective.
Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe
Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or
normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish
satisfactory evidence astothekind andquality ofmaterials and equipment.
5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any
Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby
Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall
payCity forallexpenses incurred inany delay caused byremedying defective orotherwise
nonconforming Work.
5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with
respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is
found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall
correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this
Section shall survive completion and acceptance oftheWork and Project and termination ofthe
Agreement.
5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is
partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork,
Contractor shall assign toCityall warranties obtained orobtainable byContractor from
manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten
instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall
warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of
reproducible drawings withallfield changes noted onthem relating totheimprovements constructed
under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve
Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce
and effect.
5.6 Notwithstanding anything tothe contrary contained inContract Documents with respect to
warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect,
limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot
appear within theapplicable warranty period following acceptance ofthe Work and which could not,
bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin
suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any
such latent defects which arereported toContractor byCityinwriting within ninety (90) days after
such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be
4
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects
shall remain infull force and effect andforthe same duration as withany other warranty provided in
this Article orotherwise available orprescribed bylaw.
6. TIME AND PERFORMANCE:
6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same
Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely
manner. Time isoftheessence ofthis Agreement.
6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of
thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative
requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings,
samples, submittals and materials, machinery orequipment which may be inthecourse of
preparation ofmanufacture.
6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing,
without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for
the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use
extralabor, and undertake allother means necessary tobringthe Work back on schedule.
6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto
byContractor between oramong the Contract Documents, thecontrolling timeorduration for such
action, submissions, notices orresponses thereto byContractor shall betheearlier of such times
and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise.
7. MEANS AND METHODS:
Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety
precautions and programs inconnection withprovision ofGoods and Services andrelated work under the
Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate
toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject
manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and
regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods,
techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the
performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof
theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s
negligent acts oromissions orfailure toperform.
8. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist
ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees
tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and
packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services.
9. PROTECTION OFWORK:
Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from
anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury
5
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies,
tools, machinery and equipment atornear theProject.
10. SUBCONTRACTS:
Byappropriate agreement, written where legally required forvalidity, Contractor shall require each
subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by
terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities,
including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents,
assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the
Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof
willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe
contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe
Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to
enter intosimilar agreements withitssubcontractors.
11. LIENS:
Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien
isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or
bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand
expense.
12. DEFAULT:
Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified
herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services
and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis
commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or
breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of
creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto
1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights
and remedies available toCityatlaw and/orinequity.
13. INSURANCE AND INDEMNIFICATION:
13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with
an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection
ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease
and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury,
sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and
subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse
resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit
C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies,
shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such
insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall
indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses
including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or
property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder
this Agreement orContractor’suse ofCity property.
6
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by
theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder,
Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers
satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should
Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City
shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney
due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or
policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe
Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by
certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less
than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall
supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as
proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements
inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph.
13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and
defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands,
causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s
feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under
thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim,
suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury,
sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty,
including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to
damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission,
wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone
forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is
caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity.
13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance
required ofor provided to Contractor under the Agreement. The indemnification and hold harmless
obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of
City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this
Agreement.
14. GOVERNMENT COMPLIANCE:
Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and
codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall
relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and
hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws,
orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis
Agreement.
15. NONDISCRIMINATION:
Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion,
7
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran
status.
16. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework
eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit
attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does
not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity
with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program.
Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it
shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor
orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and
thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions
hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply
should theE-Verify program cease toexist.
17. OWNERSHIP AND USE OFDOCUMENTS:
TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications
andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity
under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot;
accordingly, such materials may beused by theCity for information andreference and inconnection with City’s
involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project
orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor
shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data,
calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to
sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits
promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive
components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing
materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from
City’suseoralteration oftheabove-referenced documents onany unrelated project.
18. NOIMPLIED WAIVER:
Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not
affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany
party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe
same orany other provision hereof.
19. NON-ASSIGNMENT:
Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall
notdelegate itsobligations under this Agreement without City’sprior written consent.
20. RELATIONSHIP OFPARTIES:
The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor
any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract
price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to
Contractor under orpursuant tothis Agreement.
8
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
21. GOVERNING LAW; CONFLICT RESOLUTION:
21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject
andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes
ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to
resolving such disputes ordisagreements inanamicable, professional and expeditious manner so
astoavoid unnecessary losses, delays and disruptions totheWork.
Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or
otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by
applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years
after thedateofSubstantial Completion ofthe Work.
AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe
State ofIndiana, except foritsconflict oflaws provisions.
21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis
Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that,
intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch
lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe
appropriate venue forand has jurisdiction oversame, andany hearing, trial orconference shall take
place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor
consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided
herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto
object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale.
Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting
from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas
binding upon surety asthough surety were named and joined insuch proceeding, provided that
Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting
evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or
resolved thereby.
21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no
dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall
proceed withfurnishing the Work, including disputed performance, despite theexistence of, and
without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue
performing under such circumstances shallconstitute adefault under thisAgreement.
21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother
matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar
claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor
shall furnish andpresent toCity non-privileged evidence, documentation and other information to
support itsclaim, defense orother position with respect thereto.
21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential
damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by
Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there
and other components ofhome office overhead, forlosses offinancing, business andreputation, for
9
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit
except anticipated profit arising directly from theWork being performed hereunder. This waiver is
applicable, without limitation, toallconsequential damages due toeither party’stermination in
accordance with this Agreement.
22. SEVERABILITY:
Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive
order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
23. NOTICE:
Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage
prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified
herein:
IftoCity: CityofCarmel AND CityofCarmel
Engineering Department Office ofCorporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
IftoContractor: William Charles Construction Company, LLC
833 Featherstone Road
Rockford, Illinois 61107
Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from
thedate ofsuchoral notice.
24. TERMINATION:
24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to
Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by
Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and
Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to
receive onlypayment for theundisputed invoice amount representing conforming Goods and
Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed
theContract Price amount ineffect atthe time oftermination, unless the parties have previously
agreed inwriting toagreater amount.
24.2 Citymay terminate thisAgreement atanytimeupon thirty (30) days prior notice toContractor. Inthe
event ofsuch termination, Contractor shallbe entitled toreceive onlypayment forthe undisputed
invoice amount ofconforming Goods andServices delivered asofthe date oftermination, except
thatsuch payment amount shall not exceed theContract Price amount ineffect atthetime of
termination, unless theparties have previously agreed inwriting toagreater amount.
25. REPRESENTATIONS AND AUTHORITY TO EXECUTE:
Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons
executing this Agreement havethe authority tobind theparty which they represent.
10
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
26. FINAL COMPLETION AND CLOSEOUT:
Inaddition toany requirements forfinal completion and closeout listed inGeneral and Supplementary
Conditions, asacondition offinal payment andContract closeout, Contractor certifies orshall submit toCity
thefollowing:
a. Contractor certifies that payrolls, billsformaterials and equipment, and other indebtedness
connected with theWork, forwhich CityorCity’sproperty might beresponsible orencumbered,
lessamounts withheld bytheCity) have been paid orotherwise satisfied;
b. Anyapplicable Contractor guarantees andwarranties;
c. Acertificate evidencing thatinsurance required bytheContract Documents toremain inforce
after final payment iscurrently ineffect;
d. Consent ofsurety, ifany, tofinal payment;
e. As-constructed record copyoftheContract Documents marked toindicate field changes and
selections made during construction;
f. Ifapplicable, allmanufacturer’swarranties, product data, testing and/orinspection results or
reports, and maintenance andoperations manuals;
g. Ifrequired byCity, other data establishing payment orsatisfaction ofobligations, such as
receipts, or releases andwaivers ofliens, claims, security interests, orencumbrances, arising
outoftheContract, totheextent and insuch form asmay bedesignated byCity;
h. Anyother submittals required bythe Contract Documents; and
i. Satisfactory evidence that any claims orliens filedhave been discharged orsatisfied. Ifan
architect, aconsultant, orasubcontractor, orother person orentity providing services orwork
fortheContractor, refuses tofurnish arelease orwaiver required byCity, theContractor may
furnish abond satisfactory tothe Citytoindemnify City against such liens, claims, security
interests, orencumbrances. Ifsuch liens, claims, security interests, orencumbrances remains
unsatisfied after payments aremade, the Contractor shall refund toCity allmoney that City may
becompelled topayin discharging such liens, claims, security interests, orencumbrances,
including allcosts and reasonable attorney’sfees.
27. TERM:
Unless otherwise terminated inaccordance with thetermination provisions under Contract Documents
hereinabove, this Agreement shall beineffect from the Effective Date through satisfactory completion ofthe
Work and delivery ofallGoods andServices according totheestablished schedule.
28. HEADINGS:
Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
29. BINDING EFFECT:
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations
set forth inAgreement.
30. NOTHIRD PARTY BENEFICIARIES:
This Agreement gives norights orbenefits toanyone other than Cityand Contractor.
31. DEBARMENT AND SUSPENSION:
31.1 The Contractor certifies byentering intothisAgreement that neither itnoritsprincipals nor any of its
11
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into this Agreement byanyfederal agency orbyanydepartment, agency orpolitical
subdivision ofthe State ofIndiana. The term “principal” forpurposes ofthis Agreement means anofficer,
director, owner, partner, key employee orother person with primary management orsupervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Contractor.
31.2 TheContractor certifies thatithasverified thestate andfederal suspension and debarment status
forallsubcontractors receiving funds under this Agreement and shallbesolely responsible forany
recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The
Contractor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall,
attheCity’srequest, take allsteps required bytheCity toterminate itscontractual relationship with the
subcontractor for work tobeperformed under thisAgreement.
32. PRIOR WORK:
Inthe event that Contractor has delivered anyGoods and Services and/orperformed any oftheWork under
this Agreement prior tothe date ofthisAgreement, pursuant toanauthorization toproceed orverbal directive
issued byCity toContractor oraletter ofintent orverbal understanding entered into byand between Cityand
Contractor, thisAgreement andalloftheterms andconditions thereof, including the payment obligations of
Cityforsuch prior deliveries and/orperformance, shall govern such priordeliveries and/orperformance tothe
same extent asthough they were performed ordelivered after the date hereof, andany amounts that were
earned byContractor and paid byCity toContractor, orearned byContractor and still tobepaid byCity to
Contractor, forsuch other previously delivered Goods andServices orperformed Work, shallbeapplied asa
credit against Contractor’soverall compensation under this Agreement.
33. RIGHT TO ATTORNEY FEES:
Inthe event City employs attorneys orincurs other expenses itmay deem necessary toprotect orenforce its
rights under the Agreement where Contractor isindefault orbreach oftheAgreement, orCity otherwise is
required toundertake performance ofContractor’sobligations hereunder because ofContractor’sfailure or
refusal toperform, Contractor agrees topay theattorney fees, costs and expenses soincurred byCity.
Furthermore, wherever intheAgreement Contractor agrees topayexpenses incurred byCity such expenses
shall include, but are notlimited to, attorney fees incurred byCity.
34. DRUG FREE WORK SITE:
Contractor anditsemployees shall comply withallprovisions ofthe Drug Free Workplace Act of1988 as
amended. Theunlawful manufacture, distribution, dispensation, possession oruse ofacontrolled substance
intheworkplace isprohibited. Contractor isresponsible forthedevelopment implementation, administration
and enforcement ofaformal substance abuse policy (“Substance Abuse Policy”) which, as, aminimum,
meets the standards set forth bythe City.
35. COMPLIANCE WITH IND. CODE § 5-16-13:
Totheextent that this Project andAgreement issubject totherequirements ofIndiana Code § 5-16-13et
seq., which areincorporated byreference as iffully restated herein, Contractor shallcomply with all
applicable requirements setforththerein.
36. ACCESS TOPUBLIC RECORDS ACT:
Contractor understands andagrees that any “public record”, asthat term isdefined inIndiana Code 5-14-3-
2(m), asamended, that isrelated to the subject matter ofthe Contract, whether the same isinthe
12
William Charles Construction Company, LLC
Engineering Department- 2024
Appropriation #2200 044-628.712022BondFund; P.O. #111099
Contract NotToExceed $13,177,000.00
possession or control ofContractor orCity, shall besubject torelease under and pursuant tothe provisions
ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., asamended.
37. COMPETING LAWS:
As between inconsistent provisions among Federal, Stateandlocal laws, Contractor should generally comply
withthe more stringent requirement, unless aFederal law, rule orregulation requires thatthe affected
Federal provision be observed, notwithstanding theexistence ofamore stringent applicable State orlocal
requirement.
38. IRAN CERTIFICATION:
Pursuant toI.C. § 5-22-16.5, theContractor shallcertify that, insigning thisAgreement, itdoes notengage in
investment activities within the Country ofIran.
39. ADVICE OFCOUNSEL:
Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain
legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame
freely, voluntarily, andwithout anyduress, undue influence orcoercion.
40. ENTIRE AGREEMENT:
ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire
agreement between Contractor andCitywith respect tothesubject matter hereof, and supersedes allprior
oral orwritten representations andagreements regarding same. Notwithstanding any other term orcondition
setforth herein, butsubject toparagraph 16hereof, totheextent any term orcondition contained inany
exhibit attached tothisAgreement orinanydocument referenced herein conflicts withanyterm orcondition
contained in thisAgreement, the term orcondition contained in thisAgreement shall govern andprevail.
This Agreement mayonly bemodified bywritten amendment executed byboth parties hereto, ortheir
successors ininterest.
13
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
RESOLUTION NO. BPW 04-17-24-04
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
into contracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
AlanPotasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzBmmjtpoMzodi.NdHsbuibu2;46qn-Bqs21-3135
TheBurdette Agency, Inc. d/b/a/ NorthStarPlace Branding + Marketing
Marketing andCommunity Relations Department - 2024
Appropriation #1203 10143-404.01 & 43-593.00Fund; P.O. #s111068 & 111084
Contract NotToExceed $92,000.00
6. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Vendor shallpromptly furnish toCity, insuch formand detail as Citymay direct, alistof
allchemicals, materials, substances anditems used inorduring theprovision ofthe Goods and Services
provided hereunder, including thequantity, quality and concentration thereof andanyother information relating
thereto. Atthetime ofthe delivery oftheGoods andServices provided hereunder, Vendor agrees tofurnish to
Citysufficient written warning andnotice (including appropriate labels oncontainers and packing) ofany
hazardous material utilized inorthat isapartoftheGoods andServices.
7. LIENS:
Vendor shall notcause orpermit thefilingofanylien onany ofCity’sproperty. Intheevent anysuch lien is
filedand Vendor fails toremove such lien within ten (10) daysafter thefiling thereof, bypayment orbonding,
Cityshallhavethe right topaysuch lien orobtain suchbond, allatVendor’ssolecostandexpense.
8. DEFAULT:
Inthe event Vendor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Vendor’swarranties; (b) fails toprovide theGoods andServices asspecified herein; (c)
fails tomake progress so astoendanger timely and proper provision oftheGoods andServices anddoes not
correct such failure orbreach within five (5) business days (orsuch shorter period oftimeas iscommercially
reasonable under the circumstances) afterreceipt ofnotice from Cityspecifying such failure orbreach; or (d)
becomes insolvent, isplaced into receivership, makes ageneral assignment forthe benefit ofcreditors or
dissolves, each such event constituting an event ofdefault hereunder, City shallhave theright to (1) terminate
alloranyparts ofthisAgreement, without liability toVendor; and (2) exercise all other rights and remedies
available toCity atlawand/orinequity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain infullforce and effect during theterm ofthisAgreement, withaninsurer
licensed todo business intheState ofIndiana, such insurance asisnecessary for theprotection ofCity and
Vendor from allclaims fordamages under anyworkers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, butnotlimited to, personal injury, sickness,
disease or death ofortoany ofVendor’sagents, officers, employees, contractors andsubcontractors; and, for
any injury toordestruction ofproperty, including, butnotlimited to, any lossofuseresulting therefrom. The
coverage amounts shall benoless than those amounts setforth inattached Exhibit C. Vendor shall cause its
insurers toname Cityasanadditional insured onallsuch insurance policies, shall promptly provide City, upon
request, with copies ofallsuch policies, andshallprovide that such insurance policies shall notbecanceled
without thirty (30) dayspriornotice toCity. Vendor shallindemnify andhold harmless Cityfromand against
anyandall liabilities, claims, demands orexpenses (including, butnotlimited to, reasonable attorney fees) for
injury, death and/or damages toanyperson orproperty arising from orin connection withVendor’sprovision
ofGoods andServices pursuant toorunder this Agreement orVendor’suseofCity property.
Vendor further agrees toindemnify, defend andhold harmless Cityanditsofficers, officials, agents, and
employees from allclaims andsuites ofwhatever type made against thembyathirdparty including but not
limited to, allcourt costs, attorney fees, and other expenses, caused byany act oromission ofVendor and/or
ofanyofVendor’sagents, officers, employees, contractors orsubcontractors inthe performance that
constitutes abreach ofthisAgreement. However, Vendor shall have noobligation orduty todefend, indemnify,
orhold harmless totheextent any claims orsuits are caused bytheactsoromissions of theCity, ofany ofthe
indemnified parties, orofanythird party. These indemnification obligations shallsurvive thetermination ofthis
Agreement.
2
TheBurdette Agency, Inc. d/b/a/ NorthStarPlace Branding + Marketing
Marketing andCommunity Relations Department - 2024
Appropriation #1203 10143-404.01 & 43-593.00Fund; P.O. #s111068 & 111084
Contract NotToExceed $92,000.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees tocomply with allfederal, stateand locallaws, executive orders, rules, regulations and codes
which maybeapplicable toVendor’sperformance ofitsobligations under this Agreement, andallrelevant
provisions thereof are incorporated herein bythisreference. Vendor agrees toindemnify and hold harmless
Cityfrom any loss, damage and/orliability resulting fromany suchviolation ofsuch laws, orders, rules,
regulations andcodes. This indemnification obligation shall survive the termination ofthis Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that itand allofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment andanyother matter related totheir employment orsubcontracting, because ofrace, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status.
12. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verify thework eligibility
status ofitsnewly-hired employees using the E-Verify program, andtoexecute theAffidavit attached herein
asExhibit D, affirming that itisenrolled andparticipating intheE-Verify program anddoes not knowingly
employ unauthorized aliens. Insupport oftheAffidavit, Vendor shall provide theCity withdocumentation
indicating that ithas enrolled andisparticipating intheE-Verify program. Should Vendor subcontract
fortheperformance ofany work under andpursuant tothis Agreement, itshallfullycomply with theIndiana E-
Verify Lawasregards each suchsubcontractor. Should theVendor oranysubcontractor violate theIndiana
E-Verify law, the Citymay require acure ofsuch violation andthereafter, ifnotimely cure isperformed,
terminate thisAgreement inaccordance with either theprovisions hereof orthose setforth intheIndiana E-
Verify Law. The requirements ofthis paragraph shall notapplyshould the E-Verify program cease toexist.
13. NOIMPLIED WAIVER:
The failure ofeither party torequire performance bytheother ofany provision ofthisAgreement shallnotaffect
theright ofsuch party torequire such performance atanytimethereafter, norshallthe waiver byany partyof
abreach ofanyprovision ofthisAgreement constitute awaiver ofanysucceeding breach ofthesame orany
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shallnot assign orpledge this Agreement, whether ascollateral foraloanorotherwise, and shall not
delegate itsobligations under this Agreement without City’spriorwritten consent.
15. RELATIONSHIP OFPARTIES:
The relationship ofthe parties hereto shall beasprovided forinthisAgreement, andneither Vendor norany
ofitsofficers, employees, contractors, subcontractors andagents areemployees of City. The contract price
setforthherein shall bethefulland maximum compensation andmonies required ofCity tobepaid toVendor
under orpursuant tothisAgreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement istobeconstrued inaccordance with and governed bythelaws oftheStateofIndiana, except
foritsconflict oflaws provisions. The parties agree that, intheevent alawsuit isfiled hereunder, theywaive
theirright toajurytrial, agree tofile anysuch lawsuit inanappropriate courtinHamilton County, Indiana only,
3
TheBurdette Agency, Inc. d/b/a/ NorthStarPlace Branding + Marketing
Marketing andCommunity Relations Department - 2024
Appropriation #1203 10143-404.01 & 43-593.00Fund; P.O. #s111068 & 111084
Contract NotToExceed $92,000.00
and agree that suchcourt istheappropriate venue forand hasjurisdiction oversame.
17. SEVERABILITY:
Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive
order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
18. NOTICE:
Anynotice provided forinthis Agreement willbe sufficient ifitisinwriting andisdelivered bypostage prepaid
U.S. certified mail, return receipt requested, totheparty tobe notified attheaddress specified herein:
IftoCity: CityofCarmel AND CityofCarmel
Marketing and Community Relations Office ofCorporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
IftoVendor: TheBurdette Agency, Inc. d/b/aNorth StarPlace Branding + Marketing
1023Kings Ave.
Jacksonville, FL32207
Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslong aswritten notice isthen provided assetforth hereinabove within five (5) business days from the
date ofsuch oralnotice.
19. TERMINATION:
19.1 Notwithstanding anything tothecontrary contained inthisAgreement, City may, upon notice toVendor,
immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or
ifsufficient funds arenotappropriated orencumbered topayforthe Goods andServices tobeprovided
hereunder. In theevent ofsuch termination, Vendor shall be entitled toreceive onlypayment forthe
undisputed invoice amount representing conforming Goods andServices delivered asofthedate of
termination, except that such payment amount shallnotexceed the Estimate amount ineffect atthe
time oftermination, unless theparties have previously agreed inwriting toagreater amount.
19.2 Citymayterminate thisAgreement atanytime upon thirty (30) days prior notice toVendor. Inthe
event ofsuch termination, Vendor shall be entitled toreceive onlypayment for the undisputed invoice
amount ofconforming Goods andServices delivered asofthedate oftermination, except that such
payment amount shall notexceed theEstimate amount ineffect atthetime oftermination, unless the
parties havepreviously agreed inwriting toagreater amount.
19.3 TheCitymayterminate this Agreement pursuant toParagraph 11hereof, asappropriate.
20. REPRESENTATIONS AND WARRANTIES
Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons
executing this Agreement have theauthority tobind theparty which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that Citymay, from time totime, request Vendor toprovide additional goods
andservices toCity. When Citydesires additional goods and services from Vendor, theCity shall notify Vendor
4
TheBurdette Agency, Inc. d/b/a/ NorthStarPlace Branding + Marketing
Marketing andCommunity Relations Department - 2024
Appropriation #1203 10143-404.01 & 43-593.00Fund; P.O. #s111068 & 111084
Contract NotToExceed $92,000.00
ofsuch additional goods andservices desired, aswellasthetime frame inwhich same are tobeprovided.
Only afterCity has approved Vendor’stime and cost estimate forthe provision ofsuchadditional goods and
services, hasencumbered sufficient monies topay forsame, and hasauthorized Vendor, inwriting, toprovide
suchadditional goods and services, shall such goods and services beprovided byVendor toCity. Acopy of
theCity’sauthorization documents forthe purchase ofadditional goods andservices shall benumbered and
attached hereto intheorder inwhichthey areapproved byCity.
22. TERM
Unless otherwise terminated inaccordance withthetermination provisions set forth inParagraph 19
hereinabove, thisAgreement shallbeineffect from theEffective Datethrough December 31, 2024 and shall,
onthe firstdayofeach January thereafter, automatically renew foraperiod ofone (1) calendar year, unless
otherwise agreed bytheparties hereto.
23. HEADINGS
Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations
set forth inAgreement.
25. NOTHIRD PARTY BENEFICIARIES
This Agreement gives norights orbenefits toanyone other than CityandVendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies byentering intothis Agreement thatneither itnoritsprincipals norany ofits
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical
subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer,
director, owner, partner, key employee orother person with primary management or supervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Vendor.
26.2 TheVendor certifies thatithas verified thestate andfederal suspension anddebarment status for all
subcontractors receiving funds under this Agreement and shall besolely responsible forany recoupment,
penalties orcosts thatmight arisefrom useofasuspended ordebarred subcontractor. The Vendor shall
immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s
request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for
worktobeperformed under this Agreement.
27. IRAN CERTIFICATION
Pursuant toI.C. § 5-22-16.5, the Vendor shallcertify that, insigning thisAgreement, itdoes not engage in
investment activities within the Country ofIran.
28. ADVICE OFCOUNSEL:
Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain
5
NORTH STAR + CITY OF CARMEL, IN CONTRACT ADDITIONS
Contract Additions:
In the event of any direct or indirect conflicts between the terms and conditions
of these Contract Additions set forth below and the terms and conditions of
the Agreement for Purchase of Goods and Services to which these Contract Additions
are attached, and any other agreements, terms, conditions, or attachments, then
the Contract Additions set forth below shall govern, prevail, control and supersede.
Not to Exceed Fee Is Governed By Hours
A fee of $85,000 will be paid to North Star for third party research
expenditures and for professional time involved in the production of a
BrandPrint Report which is not to exceed four hundred and fifteen (415)
hours. The agreed upon maximum (415) hours to be dedicated to the
project will be the governing factor in the depth of the Document. North
Star expects to complete the scope of work within this allotment of hours
and will not exceed the maximum number of hours for the project or the
time period forecasted (32 weeks, which is the 28-week schedule outlined
plus a 4-week cushion for scheduling delays).
Fee Schedule
North Star will invoice the client 33% of the project fee, or $28,333, at
contracting. The second 33%, or $28,333, will be invoiced after the Research
Strategy presentation. The remaining 33% ($28,334) will be invoiced at the
delivery of the Final Report. Travel expenses are additional and will be
billed as incurred. A service charge of 1-1/2% (18% per annum) will be
charged on all sums not paid within a 30-day period after the date of
billing. The Client agrees to pay all costs of collection and a reasonable
attorney's fee incurred in the collection of past due accounts.
Obligation of City To Keep Project on Schedule
Consultant has provided a project schedule and will communicate feedback
and approval deadlines and City meeting requirements to the City at each
forthcoming milestone. City delays on scheduled approvals or setting
meetings essential to project progress will be tracked and communicated at
monthly intervals. If the delays and others caused by the City's decision to
deviate from North Star's recommended process are not made up for over
the life of the project and the project extends beyond the 32-week limit,
North Star reserves the right to bill the final installment at week 32, then
work at an hourly rate of $195 per hour thereafter or negotiate a lump sum
completion fee with the City based on the project’s current status.
Exhibit A
Incremental Work, Hourly Rate
Any additional requests of North Star beyond the agreed upon Document
and designated hours will be billed at the blended rate of $195.00 per hour
or estimated at a project rate. Should additional work be requested, for
work beyond the scope of this Agreement, North Star will receive written
approval of the additional related cost prior to initiating work.
Mutual Termination Clause
Notwithstanding any other provisions hereof, North Star or the Client may
terminate this Agreement at any time upon thirty days written notice to
either parties. If termination of the Agreement is requested by the Client prior
to completion of the Document, the Client will remain responsible for payment
of all hours involved in the preparation of the Document prior to said
termination at a rate of $195.00 per hour. Client will be responsible for
payment of any outside cost incurred prior to the termination including costs
of materials ordered or delivered thereafter if North Star is unable to halt
such delivery. Under no circumstances will North Star be obligated to breach
any lawful contractual commitment to others.
Termination Responsibilities
Upon termination of this Agreement, North Star shall transfer, assign and
make available to the Client, or its representatives, all property and
materials in its possession or control belonging to the Client and paid for
by the Client. In the event that the material, which is the subject of this
Agreement, is copyrightable subject matter, North Star and Client agree
that for the purposes of this order the material shall be a work made for
hire and the property of the Client. In the event that the material which is
the subject of this Agreement is not copyrightable subject matter, or for
any reason is determined not to be a work made for hire, then and in
such event North Star hereby assigns all right, title and interest to said
material to Client for the fees specified herein. Concepts, logos and
straplines not selected by the Client remain the intellectual property of
North Star.
Confidentiality
The Client agrees to cooperate with North Star in the performance of the
Services, including meeting with North Star and providing North Star with
such non-confidential information that the Client may have that may be
relevant and helpful to North Star's performance of the Services. It may be
necessary for the Client to share trade secrets and/or other confidential
and/or proprietary information or matter with North Star. The parties agree
that such information and the materials referenced in the contract, the
results and developments therefrom are confidential and/or proprietary
information belonging to the Client.
North Star agrees not to disclose to any third party any such trade secrets
and/or confidential or proprietary information for its own separate benefit.
North Star will be responsible for its employees or agents complying with
the provisions of this Agreement.
Obligation of City to Purchase Third Party Assets
Stock photography and typography used for the demonstration of creative
concepts is not to be reproduced or published in any way without the City
first negotiating and paying for usage rights with the appropriate stock
image or typography provider. Additionally, City is responsible for securing
rights to use locally oriented photos utilized in the educational website
and in the Final Presentation or Final Report.
Obligation of City to Secure IP Clearance or Trademark if Desired
To ensure that the recommended strapline (tagline) is available for use and
capable of being trademarked, North Star will conduct a trademark
registration search with the United States Patent and Trademark Office via
their web site: http://www.uspto.gov/main/trademarks.htm. North Star will
report any records found relating to the strapline but the Client should seek
legal counsel for further determination of conflicts and such determination
is ultimately the responsibility of the Client. If the Client wishes to pursue a
trademark registration, North Star can make introductions to intellectual
property attorneys and suggest steps to take. The pursuit of an official,
legally-binding trademark is the responsibility of the Client.
With regard to the logo selected by the Client, North Star will test it with a
basic online image search ahead of finalization to determine if there are
any known likenesses or conflicts. The art within the logo will be an original
creation and will become the property of the Client, but the online image
search is not an exhaustive search tool. North Star will alert the Client of
online search findings but, ultimately, seeking a trademark for the logo will
be the responsibility of the Client.
Modification of Agreement
This Agreement may be modified only upon the written and mutual
consent of both parties. This Agreement and the documents referenced
herein embody the entire Agreement of the parties. This Agreement shall
supersede all previous communications, representations or agreements
either verbal or written, between the parties. This procurement is being
conducted on behalf of and may be used by other public bodies, agencies,
institutions and localities of the several states, territories of the United
States and the District of Columbia with the consent of the Contractor.
Indemnification
North Star would like to review the nature and depth of your
indemnification. While we hold ourselves to all professional standards,
there can be extraordinary circumstances unrelated to our work for which
we cannot accept responsibility. Often municipal indemnification clauses
can be too all-encompassing. We simply request a review and dialogue of
Carmel’s proposal.
SCOPE OF WORK
Phase I: Market Research + Brand Strategy
Stakeholder Education
One of the most valuable skills North Star brings to the branding table is an understanding of
how to best navigate the political waters that surround a project. We know when projects can
derail, how to maneuver difficult political situations, and whom to include in the process. With
this in mind, we have developed strategies for sidestepping potential problems and keeping your
branding initiative on course.
Inclusiveness and early understanding are critical to the smooth implementation of a community
brand. Educating your residents, businesses, and stakeholders on the purpose, process, and
possibility of a brand early is the first step in achieving buy-in from these important audiences.
Specific attention must be given to your Steering Committee to ensure that the leaders of this
initiative share a vision for the purpose, desired outcomes, and accomplishments of this project.
North Star has created an array of educational tools designed to increase understanding of and
support for the Carmel branding initiative. To that end, we provide:
Educational Presentation: Live PowerPoint presentation (during the in-market trip) to your
Steering Committee and/or stakeholders groups (determined and assembled by you) for purposes
of educating and furthering buy-in of community branding. This is not a canned presentation. We
will collaborate with the City to determine who your audiences are and what you want to convey.
Then we will craft the presentation to meet those goals. This presentation can also be given in a
public ‘town hall’ forum to engage the community in the process and to gather initial feedback
from the public regarding opportunities to rebrand.
Community Engagement Website/Brand Story Site: This site serves as an online tool to direct
traffic of Carmel residents and stakeholders interested in learning more about the project, getting
involved in the research stage, or becoming a Brand Ambassador after the launch of the new
brand. This is a terrific tool to engage the Carmel community. Here is an example of a live
educational site for Johnson City, TN: brandjc.com
Research
North Star has identified the following research studies to help achieve Carmel ‘s branding and
marketing goals. This compiled body of data points us in the direction we need to go to craft
your story. You will notice both qualitative and quantitative studies included in this recommended
matrix. North Star strongly advocates a mixed method approach to research because it will tell
you not just “How, When, What, and Where” but also “Why.” Only through mixed methodology can
your community obtain a true picture of where your brand is now, why, where it should be, and
how your preferred identity can best be accomplished.
Situation Analysis: This establishes the current lay of the land from the perspective of your critical
partners and stakeholders. We administer an online questionnaire to each of your key internal
organizations. We then meet with each group during the in-market visit to more fully understand
your primary objectives, general history, political landscape, resources, competitors, etc.
Research, Planning, Communications, + Media Audit: We conduct a comprehensive review of
1
previous studies conducted by the City and planning documents. This includes community
outreach and planning meetings, surveys, intercept surveys, volunteer discussions, and market
research. In addition, we review and analyze marketing materials, branding, logos, social media,
and messaging from public and private sector partners as well as recent press related to Carmel.
Site Visit & Familiarization Tour: Members of the North Star team will spend the better part of a
week in Carmel conducting research. An important part of this trip is a FAM tour of Carmel’s
attractions, meeting facilities, hotels/motels, restaurants, commercial sites, local businesses,
retailers, restaurants, parks, natural areas, and historic sites. We determine the tour itinerary with
the help of Carmel project leadership.
Key Stakeholder Interviews + Focus Groups: Some of our most valuable pieces of insight for the
purpose of defining your DNA and crafting your creative work come from these intensive
one-on-one interviews and focus groups. With the assistance of the Carmel project leadership, we
want to identify and speak to key stakeholders about Carmel (including city staff, board members,
business community members, hoteliers, attraction owners, tour operators, nonprofit and civic
organizations, etc.). We also want to talk to articulate individuals who are passionate about the
City (artists, historians, teachers, coaches, ministers, matriarchs, patriarchs, activists, and more).
Mining of City of Carmel Community Survey for Resident Insights: While North Star originally
proposed a Community Survey and Brand Barometer, following its initial proposal North Star
learned of Carmel’s own community survey currently in the field. Rather than conduct another
community survey, North Star proposes to extract data from the City’s community survey in the
areas of demographics, top descriptors, assets, satisfaction, perceived municipal competencies and
NPS. For topics such as reputation, challenges, competitors and brand character, North Star will go
deeper in its qualitative efforts, derive these from external research and also pursue these insights
in the Creative Community Workshop. For those who cannot attend the Creative Community
Workshop we can send a simple brand character survey out to residents.
External Perception Study: North Star conducts qualitative, in-depth phone interviews with
professionals outside of Carmel to uncover contextual perspectives. In collaboration with the
Carmel project team, we compile a list of 20 identified potential interviewees from a target pool
of elected officials, third party site selectors, business executives in your preferred industries, tour
operators, regional and state level executives in economic development and tourism, and other
external influencers you identify.
Consumer Awareness + Perception Study (External Markets): For even more data-driven insights,
this survey is conducted using a statistically significant random sampling of consumers and
non-consumers in two outside markets using research panels. Data will be cross-tabulated in a
number of ways to reveal the most insightful patterns between consumer and non-consumer
groups. For instance, perceptions and attitudes for those who have visited Carmel will be
compared and contrasted to those who have not visited and are reporting perceptions purely on
reputation. This is key to identifying any brand recognition issues. This study measures:
Overall awareness and perceptions of Carmel
Overall awareness and perceptions of competitor cities
Measurements of Carmel’s delivery of quality of life indicators
Consumer experiences in Carmel
Attitudes regarding Carmel’s strengths and weaknesses
Consumer opinions regarding what needs to be added or taken away
Changes in consumer perceptions of Carmel after visiting
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Patterns of visitation activities associated with consumers’ primary purpose of visitation
Competitive Positioning Review : We provide a brand messaging and marketing strategy analysis
to evaluate Carmel’s position relative to the competition in the area. This review ranks each
competitor based on their brand strength, economic development focus, and tourism focus.
Insights + Strategy
Our insights come from asking a number of thought-provoking questions: What brand ‘‘story’’
does the research tell? What emotional attachments can the brand hold? What are Carmel’s core
values? How does the brand fit into the consumer’s lifestyle? How can the brand best be used to
elicit Carmel’s desired emotional/behavioral responses? How does Carmel stand apart from
competitors? These insight questions are compiled in a succinct storyline that leads directly to
the Carmel strategic brand platform (DNA Definition). This platform is the critical touch point for
all branded activity moving forward. For maximum brand impact, all efforts, thoughts,
communications, and actions should literally and symbolically support its essence.
Situation Brief + Insight Development: We get our sharpest minds together at one time to review
all of the research findings. Data on its face has limited value, but the connections between data
points open up understanding and opportunity. The entire North Star team weaves together these
connections into a compelling set of insights that start to tell Carmel’s story.
DNA Definition (Brand Positioning Statement): Based on those insights, a guiding statement for
the management and development of your brand is created. This definition should serve as the
touch point for all Carmel activity moving forward. It will help bring consistency across the brand.
Many of our communities reference their DNA Definition when making decisions about everything
from policy to infrastructure improvement to promotions. Included in your DNA Definition is:
Target audience: For whom Carmel has the most appeal
Frame of reference: Geographic context of Carmel
Point of difference: What makes Carmel special
Benefit: Why it should matter to the consumer
Here is an actual example of how this construct guided our client Sioux Falls, South Dakota and
led to their “Where Extra Is Ordinary” brand positioning:
Target audience: For givers and doers motivated to make an impact, scenic
Sioux Falls,
Frame of reference: the cultural center and economic engine for South Dakota and
the Northern Great Plains,
Point of difference: advances a legacy of investment (personal, cultural, civic,
professional)
Benefit: giving you a sense of belonging and outsized opportunities.
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Research and Strategy Presentation + Report: This represents a critical juncture in the project.
We prepare a comprehensive review of all relevant research, insights, and recommended DNA
Definition. We review the qualitative and quantitative analyses of Carmel’s current image and
positioning. A preview of this presentation is shared with key branding committee members for
editing and fine-tuning. The collaboratively perfected presentation is made in person at larger
stakeholder meetings, and the accompanying report is shared digitally. DNA Definition approval
is required before proceeding.
Phase II: Creative
Creativity
In this stage, the insights and strategy are transformed into tangible creative products that
embody Carmel . An in-depth Creative Brief and a Creative Workshop guide this process.
Straplines, logos, color, looks, and messaging (with brand standards) are created. Additional
deliverables will be developed to express the new brand identity in the context of its future use.
Creative Committee Workshop: A collaborative, interactive meeting between the North Star team
and the Carmel creative committee (a group of your choosing) will explore the roles of different
creative elements and identify creative preferences. Our goal is to most effectively hone in on
the type of work you want without limiting the creative thinking of our writers, graphic designers,
and art directors. This meeting is always a lot of fun for everyone involved.
Community Creative Workshop: In addition, we would like to hold a 1 ½ hour public workshop
session during our site visit or on a subsequent visit depending on scheduling. This workshop
usually held at an open, indoor public space or key partner space) allows interested citizens
of your city to hear about the process and provide their input. North Star will start the session
with the educational PowerPoint and then encourage attendees to provide their answers to
various city character question prompts.
Straplines + Rationale (5): A strapline (tagline) is not the be-all and end-all for your brand, but
it is the start of the story. Depending on how safe or edgy you want to be, Carmel straplines
can capture people’s attention immediately and pique their curiosity or they can serve as a
solid, hard-working tool that starts the job of positioning Carmel in the minds of consumers.
North Star will provide a minimum of five different straplines, along with rationale for the
strengths of each line. We will conduct trademark searches (via the United States Patent and
Trademark Office website) and Google searches to make sure there is basic clearance for each
line presented. Upon selection, your legal team is required to conduct a more thorough search
to ensure its availability, potentially securing a trademark if desired and avoiding any conflicts
once in the market.
Logos (5): We will present a minimum of five logo options for the City of Carmel that represent a
variety of concepts and provide a round of revisions to your selected logo. If departmental
versions are needed, North Star has a depth of experience in creating extensions of the master
logo. We would be glad to discuss this marginal increase to scope and cost if Carmel desires.
Color Palettes (2): Once your logo decision is made, we open up the possibilities visually by
allowing you to select between two distinct color palettes. This is a key decision in how your visual
brand identity will “feel” since color evokes emotion.
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Brand Narrative: Your DNA Definition articulates the core of what makes Carmel special. The
narrative takes that core and describes it in artistic and compelling language for connecting
emotionally with your different consumers. The narrative defines your personality and tone of
voice. It can be woven into ad copy, placed on websites, integrated into speeches, and distributed
to businesses to use in their own communications about the place they call home. The more it is
used, the more widely your brand is dispersed.
Looks (2): We craft two entirely different visual looks that allow you to choose how your brand
messaging will be conveyed in terms of headlines, photography style, special graphic elements,
detailing, and copy points. We will also provide a round of revisions for the look of your choice to
ensure it reflects your exacting standards. The Creative Committee will select one look, and it will
be applied to all subsequent deliverables.
Brand Standards Guide: This guide contains all the necessary information for using your logos,
color palette, typefaces, language, and other key elements to ensure consistency across all
mediums from any department or organization (print and electronic advertising, website design,
media placement, public relations, event, templates, etc.). We provide digital and printed versions
of this guide as well as InDesign files so you can edit the guide as necessary.
Custom Deliverables (8-10): To assist in the communication of the final brand concept, we will
work with you to identify a list of 8-10 custom deliverables that target your specific goals. This is
a powerful addition as it brings the logo and design to life through elements in the real world.
The production of associated materials remains outside of this scope—the deliverables are visual
examples. Options include, but are not limited to:
Social Media Graphics • Templates (Email Signature, Presentation, Newsletter, etc.)
Business Cards • Letterhead • Envelopes • Brochures • Building + Monument Signage • Vehicle Wraps
Print and Electronic Advertising Merchandise (Apparel, Accessories, etc.) • Built Environment Applications
Phase III: Action + Implementation
Implementation
Following your brand’s development, North Star has the ability to implement a strategic action
and communications plan to begin the work of repositioning Carmel in the marketplace. This plan
comprises the fundamental action steps that ensure the brand gains traction and maintains
momentum. Our goal, and yours, is to make sure that Carmel’s brand is the guiding principle for
your future, not just a logo and line on your letterhead. This plan will be developed at/around the
completion of the brand strategy and include estimated costs/budget and a suggested timeline
for implementation.
Community Communication + Rollout Guidance: The first and most important audience for your
brand and eventual campaign is your citizen base. To educate them on the process, the outcome,
and the opportunity the new brand creates, North Star will prescribe a community rollout plan
that details the brand and campaign to all interested stakeholders and citizens so that they can
see, understand, and embrace it before the wider marketplace launch. This will include engaging
those who sign up on the Community Engagement Website to be Brand Ambassadors.
Brand Action Ideas: These are both high-impact, custom ideas (up to 8) designed to raise the
profile of the new Carmel brand and bring it to life in your community and foundational brand
5
launch/implementation ideas and activities. Many of these ideas involve setting up the
organization and cooperation that will propel your brand forward, while others serve as inspiration
for brand adoption in creative and unique ways. Many of these ideas may be accessible via a
best practices knowledge-sharing database that North Star developed. These ideas will address
brand touchpoints ranging from economic development activities, the arts, infrastructure, and
more.
Final Report + Presentation: At the completion of Phase III, we compile your brand into a final
presentation that summarizes the research and takes viewers through the foundational creative
development (line, logo, look, and color palette) as well as the steps of the action plan. Each step
is illustrated using the custom deliverable designs. We always leave time for discussion to ensure
understanding, buy-in, and a clean beginning to the ongoing implementation of your brand. Your
final report will show the research, strategy, creative work, and action plan in their entirety and
will be shared digitally along with raw data files, a logo suite, and JPEG image files of all
deliverables and your brand style guide.
Phase IV: Evaluation (Future/Optional)
Monitoring + Evaluation (Results Tracking)
Evaluation yields new information, which may lead to the beginning of a new planning cycle.
Information can be gathered from concept pre-testing, campaign impact in the marketplace, and
tracking studies to measure a brand’s performance over time.
Ideally, evaluation answers two basic questions: Have responses to the brand among target
audiences changed in the way the BrandPrint intended? And have these changes resulted in
action that will achieve the desired objectives of the brand?
The research studies in this plan are designed to produce benchmarks and results that can be
used for comparison with future studies. Additionally, over two decades of community branding
experience have shown us that true success can be seen in the spread of excitement,
inspiration, and innovation surrounding your brand among residents and stakeholders. Lastly, we
are always available to answer questions and help with later marketing riddles. We have
maintained an ongoing personal and business relationship with most of our clients, some for
more than a decade. These tracking studies are outside the proposed scope of work, but we
wanted Carmel to be aware of their future availability. The costs are reasonable.
We use the following tools to measure tactical effectiveness:
Social Media: We perform social listening audits for our clients and measure not only likes,
shares, and friends but also qualitative factors, such as sentiment.
12-Month Follow Up: We follow up after a year of your brand implementation to discuss the
successes you have enjoyed and hurdles that you are working to overcome. We provide
suggestions and direction for next steps in your continual brand integration.
Brand Barometer: Getting the talk right on the street is the most important thing a community
can do to bolster its development efforts. Word of mouth has always been important; in this
post-digital world, it is essential. With the benchmark included in your brand study, the Brand
Barometer becomes a simple and inexpensive way to periodically track your results and
validate your success in word of mouth advertising and resident advocacy..
6
PROJECT TIMELINE
Getting Started Call Week 1
Phase I
Market Research + Brand Strategy
Situation Analysis Weeks 1 - 2
Research + Planning Audit Weeks 1 - 2
Communication + Media Audit Weeks 1 - 2
Community Engagement Website Weeks 1 - 2
In-Market (Tour, Focus Groups, Interviews) Week 3 or 4
Mining City of Carmel Community Survey Weeks 4 - 6
External Perception Study Weeks 6 - 10
Consumer Awareness + Perception Survey Weeks 8 - 10
Competitive Positioning Review Weeks 8 - 10
Situation Brief + Insight Development Week 11
DNA Definition Development Weeks 11 - 13
Research + Strategy Presentation Week 14
Phase II
Creative
Creative Brief Development (Internal) Week 15
Creative Workshop/Community Workshop Week 15
Foundational Creative Development Weeks 16 - 21
Custom Deliverable Development Weeks 22 - 24
Phase III
Action + Implementation
Community Communication + Rollout Guidance Weeks 25 - 26
Brand Action Ideas Weeks 26 - 27
Final Report + Presentation Week 28
Proposed Timeline 28 Weeks
Timeline is dependent upon an efficient client approval process, which requires that data and feedback from the
client is received at key milestones. If the client approval and consensus process takes longer than 32 weeks, North
Star will invoice any remaining contracted amount at that time and reserves the right to propose project extension
fees at a blended hourly rate.
7
COST PROPOSAL
Partnering with the City of Carmel is not a responsibility we take lightly. If it becomes
necessary, we are interested in collaborating with Carmel project leaders and stakeholders to
create an even more custom scope of work for perfecting this important initiative.
Phase I. Research, Insights, + Strategy $30,000
Phase II. Creative $30,000
Phase III. Action + Implementation $25,000
Total $85,000
This cost proposal has been calculated with consideration to third party costs associated with the
research (we subscribe to a research tool) and North Star’s blended hourly rate of $195/hr. Travel &
miscellaneous are additional (pass-through basis), with pre-approval from the City on travel expenditures.
8
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
4/2/2024
NORTH STAR PLACE BRANDING
JACKSONVILLE, FL 32207 -
111068
1023 KINGS AVE
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
MARKETING & BRANDING PROFESSIONAL SERVICES
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
377754
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
85698
1203Department:101Fund:General Fund
43-404.01Account:
MARKETING & BRANDING PROFESSIONALSERVICES1 $6,177.00 $6,177.00Each
6,177.00SubTotal
43-593.00Account:
MARKETING & BRANDING PROFESSIONALSERVICES1 $78,823.00 $78,823.00Each
78,823.00SubTotal
85,000.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 111068
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Rebecca Carl James Crider
Director Chief of Staff
4/4/2024
NORTH STAR PLACE BRANDING
JACKSONVILLE, FL 32207 -
111084
1023 KINGS AVE
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
TRAVEL EXPENSES RELATING TO CONTRACT
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
377754
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
86343
1203Department:101Fund:General Fund
43-404.01Account:
TRAVEL EXPENSES RELATING TOCONTRACT1 $7,000.00 $7,000.00Each
7,000.00SubTotal
7,000.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
A/PVOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 111084
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Rebecca Carl James Crider
Director Chief of Staff
RESOLUTION NO. BPW 04-17-24-02
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
into contracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Laura Campbell, Member
Date:
AlanPotasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu22;37bn-Bqs1:-3135
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
thereof.
3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including
anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due
and payable. Final payment toContractor shallnot become due and payable until and unless all
Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and
performed inaccordance with theContract Documents and issatisfactory toandapproved byCity.
3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity
except those arising from:
a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled;
b. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
c. Terms ofspecial warranties required bytheContract Documents;
d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment;
e. Claims byCityattributable todefective work orprior corrective work, appearing after final
inspection;
f. Failure ofthe Work tocomply withthe requirements oftheContract Documents;
g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties,
guarantees ormaintenance bonds specified bytheContract Documents orarising
thereunder; and
h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations
under theContract andtheContract Document.
3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of
allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis
Agreement, previously made inwriting and submitted inatimely manner, and specifically identified
and reserved byContractor asunresolved intheapplication for finalpayment.
4. CONTRACT DOCUMENTS:
4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving,
supervision, services, supplies, machinery, equipment, storage and any necessary rigging as
required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or
attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof
Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively
Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor
acknowledges thatallreferenced Contract Documents are apartofthisAgreement.
4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate
opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain
copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be
excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe
Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents
thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents
tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform
theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland
strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the
2
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable
codes and laws.
4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been
prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are
without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability
thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the
acceptability, accuracy orcompleteness oftheContract Documents orother information anddata
prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with
respect toanypatent orlatent defects, deficiencies, errors andomissions therein.
4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City
with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and
investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor
waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion
deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City.
4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire
allitems andaspects oflabor, material, equipment, services and transportation incidental toor
necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe
Project. The Contract Documents are complementary, andwhat isrequired by any onedocument
shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or
which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may,
atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable
therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart
ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa
shall beconsidered aspartofthe Work, thesame as though included inboth.
4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and
similar submittals required bytheContract Documents with reasonable promptness and insuch
sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors.
IfContractor shall make changes indesign, including dimensional changes, either through shop
drawings oractual field work, itshall accept the responsibility forthe structural and functional
adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or
functional inadequacies which maydevelop because ofsuch changes shall beremedied by
Contractor unless such change isspecifically included inachange order.
4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt
fromsales and compensating use taxes onalltangible personal property (materials, equipment and
components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges
representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise
fees andtaxes ofany kind whatsoever.
5. WARRANTY:
5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe
Goods and Services/theWork covered bythis Agreement willconform tothose certain
specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity
and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by
3
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely,
goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s
intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis
Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient
fortheirparticular purpose.
5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract
Documents willbe ofthebestquality andnew unless theContract Documents require orpermit
otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish
anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods,
Work, materials, orequipment not conforming tothese requirements may beconsidered defective.
Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe
Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or
normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish
satisfactory evidence astothekind andquality ofmaterials and equipment.
5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any
Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby
Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall
payCity forallexpenses incurred inany delay caused byremedying defective orotherwise
nonconforming Work.
5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with
respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is
found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall
correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this
Section shall survive completion and acceptance oftheWork and Project and termination ofthe
Agreement.
5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is
partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork,
Contractor shall assign toCityall warranties obtained orobtainable byContractor from
manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten
instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall
warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of
reproducible drawings withallfield changes noted onthem relating totheimprovements constructed
under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve
Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce
and effect.
5.6 Notwithstanding anything tothecontrary contained inContract Documents with respect to
warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect,
limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot
appear within theapplicable warranty period following acceptance ofthe Work and which could not,
bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin
suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any
such latent defects which arereported toContractor byCityinwriting within ninety (90) days after
such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be
4
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects
shall remain infull force and effect andforthe same duration as withany other warranty provided in
this Article orotherwise available orprescribed bylaw.
6. TIME AND PERFORMANCE:
6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same
Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely
manner. Time isoftheessence ofthis Agreement.
6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of
thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative
requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings,
samples, submittals and materials, machinery orequipment which may be inthecourse of
preparation ofmanufacture.
6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing,
without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for
the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use
extralabor, and undertake allother means necessary tobringthe Work back on schedule.
6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto
byContractor between oramong the Contract Documents, thecontrolling timeorduration for such
action, submissions, notices orresponses thereto byContractor shall betheearlier of such times
and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise.
7. MEANS AND METHODS:
Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety
precautions and programs inconnection withprovision ofGoods and Services andrelated work under the
Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate
toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject
manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and
regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods,
techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the
performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof
theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s
negligent acts oromissions orfailure toperform.
8. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist
ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees
tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and
packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services.
9. PROTECTION OFWORK:
Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from
anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury
5
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies,
tools, machinery and equipment atornear theProject.
10. SUBCONTRACTS:
Byappropriate agreement, written where legally required forvalidity, Contractor shall require each
subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by
terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities,
including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents,
assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the
Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof
willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe
contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe
Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to
enter intosimilar agreements withitssubcontractors.
11. LIENS:
Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien
isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or
bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand
expense.
12. DEFAULT:
Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified
herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services
and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis
commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or
breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of
creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto
1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights
and remedies available toCityatlaw and/orinequity.
13. INSURANCE AND INDEMNIFICATION:
13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with
an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection
ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease
and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury,
sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and
subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse
resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit
C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies,
shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such
insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall
indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses
including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or
property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder
this Agreement orContractor’suse ofCity property.
6
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by
theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder,
Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers
satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should
Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City
shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney
due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or
policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe
Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by
certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less
than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall
supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as
proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements
inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph.
13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and
defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands,
causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s
feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under
thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim,
suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury,
sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty,
including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to
damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission,
wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone
forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is
caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity.
13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance
required ofor provided to Contractor under the Agreement. The indemnification and hold harmless
obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of
City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this
Agreement.
14. GOVERNMENT COMPLIANCE:
Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and
codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall
relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and
hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws,
orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis
Agreement.
15. NONDISCRIMINATION:
Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion,
7
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran
status.
16. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework
eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit
attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does
not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity
with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program.
Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it
shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor
orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and
thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions
hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply
should theE-Verify program cease toexist.
17. OWNERSHIP AND USE OFDOCUMENTS:
TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications
andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity
under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot;
accordingly, such materials may beused by theCity for information andreference and inconnection with City’s
involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project
orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor
shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data,
calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to
sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits
promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive
components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing
materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from
City’suseoralteration oftheabove-referenced documents onany unrelated project.
18. NOIMPLIED WAIVER:
Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not
affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany
party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe
same orany other provision hereof.
19. NON-ASSIGNMENT:
Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall
notdelegate itsobligations under this Agreement without City’sprior written consent.
20. RELATIONSHIP OFPARTIES:
The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor
any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract
price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to
Contractor under orpursuant tothis Agreement.
8
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
21. GOVERNING LAW; CONFLICT RESOLUTION:
21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject
andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes
ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to
resolving such disputes ordisagreements inanamicable, professional and expeditious manner so
astoavoid unnecessary losses, delays and disruptions totheWork.
Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or
otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by
applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years
after thedateofSubstantial Completion ofthe Work.
AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe
State ofIndiana, except foritsconflict oflaws provisions.
21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis
Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that,
intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch
lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe
appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take
place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor
consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided
herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto
object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale.
Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting
from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas
binding upon surety asthough surety were named and joined insuch proceeding, provided that
Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting
evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or
resolved thereby.
21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no
dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall
proceed withfurnishing the Work, including disputed performance, despite theexistence of, and
without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue
performing under such circumstances shallconstitute adefault under thisAgreement.
21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother
matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar
claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor
shall furnish andpresent toCity non-privileged evidence, documentation and other information to
support itsclaim, defense orother position with respect thereto.
21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential
damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by
Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there
and other components ofhome office overhead, forlosses offinancing, business andreputation, for
9
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit
except anticipated profit arising directly from theWork being performed hereunder. This waiver is
applicable, without limitation, toallconsequential damages due toeither party’stermination in
accordance with this Agreement.
22. SEVERABILITY:
Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive
order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
23. NOTICE:
Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage
prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified
herein:
IftoCity: CityofCarmel AND CityofCarmel
Street Department Office ofCorporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
IftoContractor: Howard Asphalt, LLCd/b/aHoward Companies
2916Kentucky Avenue
Indianapolis, Indiana 46221
Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from
thedate ofsuchoral notice.
24. TERMINATION:
24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to
Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by
Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and
Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to
receive onlypayment for theundisputed invoice amount representing conforming Goods and
Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed
theContract Price amount ineffect atthe time oftermination, unless the parties have previously
agreed inwriting toagreater amount.
24.2 Citymay terminate thisAgreement atanytimeupon thirty (30) days prior notice toContractor. Inthe
event ofsuch termination, Contractor shallbe entitled toreceive onlypayment forthe undisputed
invoice amount ofconforming Goods andServices delivered asofthe date oftermination, except
thatsuch payment amount shall not exceed theContract Price amount ineffect atthetime of
termination, unless theparties have previously agreed inwriting toagreater amount.
25. REPRESENTATIONS AND AUTHORITY TO EXECUTE:
Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons
executing this Agreement havethe authority tobind theparty which they represent.
10
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
26. FINAL COMPLETION AND CLOSEOUT:
Inaddition toany requirements forfinal completion and closeout listed inGeneral and Supplementary
Conditions, asacondition offinal payment andContract closeout, Contractor certifies orshall submit toCity
thefollowing:
a. Contractor certifies that payrolls, billsformaterials and equipment, and other indebtedness
connected with theWork, forwhich CityorCity’sproperty might beresponsible orencumbered,
lessamounts withheld bytheCity) have been paid orotherwise satisfied;
b. Anyapplicable Contractor guarantees andwarranties;
c. Acertificate evidencing thatinsurance required bytheContract Documents toremain inforce
after final payment iscurrently ineffect;
d. Consent ofsurety, ifany, tofinal payment;
e. As-constructed record copyoftheContract Documents marked toindicate field changes and
selections made during construction;
f. Ifapplicable, allmanufacturer’swarranties, product data, testing and/orinspection results or
reports, and maintenance andoperations manuals;
g. Ifrequired byCity, other data establishing payment orsatisfaction ofobligations, such as
receipts, or releases andwaivers ofliens, claims, security interests, orencumbrances, arising
outoftheContract, totheextent and insuch form asmay bedesignated byCity;
h. Anyother submittals required bythe Contract Documents; and
i. Satisfactory evidence that any claims orliens filedhave been discharged orsatisfied. Ifan
architect, aconsultant, orasubcontractor, orother person orentity providing services orwork
fortheContractor, refuses tofurnish arelease orwaiver required byCity, theContractor may
furnish abond satisfactory tothe Citytoindemnify City against such liens, claims, security
interests, orencumbrances. Ifsuch liens, claims, security interests, orencumbrances remains
unsatisfied after payments aremade, the Contractor shall refund toCity allmoney that City may
becompelled topayin discharging such liens, claims, security interests, orencumbrances,
including allcosts and reasonable attorney’sfees.
27. TERM:
Unless otherwise terminated inaccordance with thetermination provisions under Contract Documents
hereinabove, this Agreement shall beineffect from the Effective Date through satisfactory completion ofthe
Work and delivery ofallGoods andServices according totheestablished schedule.
28. HEADINGS:
Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
29. BINDING EFFECT:
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations
set forth inAgreement.
30. NOTHIRD PARTY BENEFICIARIES:
This Agreement gives norights orbenefits toanyone other than Cityand Contractor.
31. DEBARMENT AND SUSPENSION:
31.1 The Contractor certifies byentering intothisAgreement that neither itnoritsprincipals nor any of its
11
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into this Agreement byanyfederal agency orbyanydepartment, agency orpolitical
subdivision ofthe State ofIndiana. The term “principal” forpurposes ofthis Agreement means anofficer,
director, owner, partner, key employee orother person with primary management orsupervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Contractor.
31.2 TheContractor certifies thatithasverified thestate andfederal suspension and debarment status
forallsubcontractors receiving funds under this Agreement and shallbesolely responsible forany
recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The
Contractor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall,
attheCity’srequest, take allsteps required bytheCity toterminate itscontractual relationship with the
subcontractor for work tobeperformed under thisAgreement.
32. PRIOR WORK:
Inthe event that Contractor has delivered anyGoods and Services and/orperformed any oftheWork under
this Agreement prior tothe date ofthisAgreement, pursuant toanauthorization toproceed orverbal directive
issued byCity toContractor oraletter ofintent orverbal understanding entered into byand between Cityand
Contractor, thisAgreement andalloftheterms andconditions thereof, including the payment obligations of
Cityforsuch prior deliveries and/orperformance, shall govern such priordeliveries and/orperformance tothe
same extent asthough they were performed ordelivered after the date hereof, andany amounts that were
earned byContractor and paid byCity toContractor, orearned byContractor and still tobepaid byCity to
Contractor, forsuch other previously delivered Goods andServices orperformed Work, shallbeapplied asa
credit against Contractor’soverall compensation under this Agreement.
33. RIGHT TO ATTORNEY FEES:
Inthe event City employs attorneys orincurs other expenses itmay deem necessary toprotect orenforce its
rights under the Agreement where Contractor isindefault orbreach oftheAgreement, orCity otherwise is
required toundertake performance ofContractor’sobligations hereunder because ofContractor’sfailure or
refusal toperform, Contractor agrees topay theattorney fees, costs and expenses soincurred byCity.
Furthermore, wherever intheAgreement Contractor agrees topayexpenses incurred byCity such expenses
shall include, but are notlimited to, attorney fees incurred byCity.
34. DRUG FREE WORK SITE:
Contractor anditsemployees shall comply withallprovisions ofthe Drug Free Workplace Act of1988 as
amended. Theunlawful manufacture, distribution, dispensation, possession oruse ofacontrolled substance
intheworkplace isprohibited. Contractor isresponsible forthedevelopment implementation, administration
and enforcement ofaformal substance abuse policy (“Substance Abuse Policy”) which, as, aminimum,
meets the standards set forth bythe City.
35. COMPLIANCE WITH IND. CODE § 5-16-13:
Totheextent that this Project andAgreement issubject totherequirements ofIndiana Code § 5-16-13et
seq., which areincorporated byreference as iffully restated herein, Contractor shallcomply with all
applicable requirements setforththerein.
36. ACCESS TOPUBLIC RECORDS ACT:
Contractor understands andagrees that any “public record”, asthat term isdefined inIndiana Code 5-14-3-
2(m), asamended, that isrelated to the subject matter ofthe Contract, whether the same isinthe
12
Howard Asphalt, LLCd/b/aHoward Companies
Street Department - 2024
Appropriation #2201 220143-502.00MotorVehicle Highway Fund; P.O. #111019
Contract NotToExceed $4,307,282,.91
possession or control ofContractor orCity, shall besubject torelease under and pursuant tothe provisions
ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., asamended.
37. COMPETING LAWS:
As between inconsistent provisions among Federal, Stateandlocal laws, Contractor should generally comply
withthe more stringent requirement, unless aFederal law, rule orregulation requires thatthe affected
Federal provision be observed, notwithstanding theexistence ofamore stringent applicable State orlocal
requirement.
38. IRAN CERTIFICATION:
Pursuant toI.C. § 5-22-16.5, theContractor shallcertify that, insigning thisAgreement, itdoes notengage in
investment activities within the Country ofIran.
39. ADVICE OFCOUNSEL:
Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain
legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame
freely, voluntarily, andwithout anyduress, undue influence orcoercion.
40. ENTIRE AGREEMENT:
ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire
agreement between Contractor andCitywith respect tothesubject matter hereof, and supersedes allprior
oral orwritten representations andagreements regarding same. Notwithstanding any other term orcondition
setforth herein, butsubject toparagraph 16hereof, totheextent any term orcondition contained inany
exhibit attached tothisAgreement orinanydocument referenced herein conflicts withanyterm orcondition
contained in thisAgreement, the term orcondition contained in thisAgreement shall govern andprevail.
This Agreement mayonly bemodified bywritten amendment executed byboth parties hereto, ortheir
successors ininterest.
13
CSDSelects
BaseBidOnly
3/26/2024
Ryan Murt
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.
3/21/2024
HOWARD COMPANIES
INDIANAPOLIS, IN 46221 -
111019
2916 KENTUCKY AVE
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
372681
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
85979
2201Department:2201Fund:Motor Vehicle Highway FND
43-502.00Account:
Resurfacing1 $4,307,282.91 $4,307,282.91Each
4,307,282.91SubTotal
4,307,282.91
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 111019
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
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
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
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
2. STREET(S) REQUESTED:
Roads closed 5PM-8:30PM
Closure of Veterans Way, Civic Sq, Gradle dr- see map
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
NNO 2023 Map.pdf 98.62KB
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:
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
8
Please note the number of Standard Cones needed
50
Please note the number of NO PARKING SIGNS needed
25
5. EVENT DETAILS
National Night Out
Provide a brief description of event
CPD invites the public out for an evening for fun with officers.
Attach additional pages if needed-SEE BELOW
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?
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
8/6/2024 8/6/2024
3:00:00 PM 8:30:00 PM
5:00:00 PM 8:00:00 PM
NA
Rehearsal Start Time:Rehearsal End Time:
300
Will a Fee be charged for this event? If yes, please describe below.
Yes
No
EVENT SET UP:
Stage
Size of Stage
Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the
exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368).
Otherwise, you may use the vendor of your choice.
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
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.
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?
15-20
6. CONTACT INFORMATION:
Dawn Fisher
317
Carmel Police Department
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
Country
United States
Street Address
1000 S. Rangeline Rd
Address Line 2
Non-Profit Organization
Is the Organization based within the City of Carmel city limits?
Yes
No
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
CPD Vehicles CFD Vehicles
Games
Ve
n
d
o
r
s
T
R
I
K
E
R
A
C
E
CPD
Tent
CFD
Tent
Ve
n
d
o
r
s
Ph
o
t
o
s
,
T
a
t
t
o
o
s
,
an
d
T
r
e
a
t
s
Vendor Parking
in City Hall Lot
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.
Carmel Police Department
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Community Relations Specialist
Printed Name and Title (If applicable)
Phone Number (Required)
1000 S Rangeline Rd
Carmel, IN 46032
Address of Organization/Applicant
3/26/2024
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Sue Finkam, Presiding Officer
Date: ______________________________
___________________________________
Laura Campbell, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
City of Carmel 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
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
City Services Needed
2. STREET(S) REQUESTED:
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
3. SPECIAL REQUESTS:
Electricity
Fountain Restroom - Fountain/Gazebo
Reflecting Pool Restrooms
N/A
Other
4. CITY SERVICES NEEDED: Mark all that apply
Cones/Barricades (signed agreement required)
Detour/Traffic Redirection Signs (signed agreement required)
Emergency Medical Services (EMS) (Extra fees may apply)
Extra Patrol During Event (when available)
Traffic Control (Extra fees may apply)
On-site Security (Assigned off-duty CPD officers, extra fees will apply)
No Parking Signs (Pick up at Carmel Police Department)
Trash Trailer ($150 fee may be applied for use)
N/A
Other
Event Use/Purpose:
Description of Event:
Event Date Start*
Event Date
End*
If multiple dates,
please list
Set-Up Time:*Tear Down Time:*
Event Start
time:*Event End
time:*
Rehearsal
Number of People
Expected:*
Fees?
5. EVENT DETAILS
Global Running Day event put on by The Runners Forum
Provide a brief description of event
Group run starting from Midtown with food serviced after. Run would take place on
the Monon and have no need for streets to be shut down.
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
6/5/2024 6/5/2024
6:00:00 AM 2:00:00 PM
8:00:00 AM 12:00:00 PM
NA
65
Will a Fee be charged for this event? If yes, please describe below.
Yes
No
EVENT SET UP:
Stage
Size of Stage
Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the
exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368).
Otherwise, you may use the vendor of your choice.
10x10 tent
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600)
Bounce House
N/A
Other
Vendors
Contact Person*
Email *
Phone Number:*
Cell Number:
Name/Organization:
Address
Organization
Type:*
Residency
A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a
non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must
be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
VENDORS:
Vendors Present
Food Served (May be subject to Hamilton County Health Department Inspection)
Alcohol Served (Please see Section R under “General Terms and Conditions” in
the Special Event/Facility Use Policy)
N/A
6. CONTACT INFORMATION:
Conor Naughton
The Runners Forum
City
Carmel
State / Province / Region
Indiana
Postal / Zip Code
46032
Country
United States
Street Address
Address Line 2
For-Profit Organization
Is the Organization based within the City of Carmel city limits?
Yes
No
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
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.
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 Runners Forum
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Conor Naughton, Manager The Runners
Forum
Printed Name and Title (If applicable)
Phone Number (Required)
Address of Organization/Applicant
3/25/2024
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Sue Finkam, Presiding Officer
Date: ______________________________
___________________________________
Laura Campbell, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
CITY OF CARMEL, INDIANA
Information
CARTER GREEN
SPECIAL EVENT / FACILITY USE REQUEST FORM
Please reference the City of Carmel Special Event/Facility Use Policy
* Must be at least 18 years of age to complete this form.
FACILITY*
Neighborhood
Name/Streets to be
closed
1. CITY FACILITY REQUESTED:
Mark all that apply
CARTER GREEN (area between Palladium & James Building)
PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts)
2. STREET(S) REQUESTED:
Include addresses as appropriate
UPLOAD MAP
Type of Closure:
Further Info for type
of closure
REQUESTS:
CITY SERVICES
NEEDED:
Event Use/Purpose:
Description of
Event:
Event Date Start Event Date End
If multiple dates,
please list
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
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
5. EVENT DETAILS:
Burgdoerfer / Breneman Wedding Ceremony
Provide a brief description of event
Wedding Ceremony for 140 people
East Patio is first choice // Carter Green is back up option
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
6/28/2024 6/28/2024
June 27th = Rehearsal
June 28th = Wedding Ceremony
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?
Fees (cont'd)
1:00:00
PM
8:00:00
PM
5:00:00
PM
6:00:00
PM
NA
6/27/2024
5:00:00
PM
6:00:00
PM
140
Will a Fee be charged for this event? If yes, please describe below.
YES
NO
Purpose of fee
Chair Rental
EVENT SET UP:
Mark all that apply
Stage
Size of Stage
Vendors
Contact Person
Email
Phone Number:
Cell Number:
Name/Organization:
Address
Organization Type:*
Residency
Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the
exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368).
Otherwise, you may use the vendor of your choice.
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-
2600)
Bounce House
N/A
Other
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
VENDORS:
Mark all that apply
VENDORS PRESENT
FOOD SERVED (May be subject to Hamilton County Health Department
inspection.)
ALCOHOL SERVED - Please see Section R under “General Terms and
Conditions” in the Public Use Policy.
N/A
6. CONTACT INFORMATION:
AMANDA AHERN
Hotel Carmichael
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
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
A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or
a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city
limits must be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use
request and/or revoke any previsously granted request to use a City facility for any lawful reason.
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
Acknowledgement and Agreement
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by
all the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any
damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility
Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful
reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors,
officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or
in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our
use of the City-owned facility and/or property.
Age Confirmation *
Special
Event/Facility Use
Policy *
*
*
GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT
I confirm that I am 18 years of age or older.
By selecting this box, I hereby acknowledge that I have read and fully
understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy
and agree to be bound by all the terms and conditions set forth therein.
Hotel Carmichael
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Amanda Ahern - Catering Sales Manager
Printed Name and Title (If applicable)
Phone Number (Required)
1 Carmichael sq, Carmel, IN 46032
Address of Organization/Applicant
2/26/2024
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Sue Finkam, Presiding Officer
Date: ______________________________
___________________________________
Laura Campbell, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
CITY OF CARMEL, INDIANA
Information
SPECIAL EVENT / FACILITY USE REQUEST FORM
Please reference the City of Carmel Special Event/Facility Use Policy
* Must be at least 18 years of age to complete this form.
Please click here to request the Council Chambers or Caucus Room.
Please click here to request the Carter Green or East Patio.
Facility(s)
1. CITY FACILITY(S) REQUESTED:
Civic Square Fountain Area
Civic Square Gazebo / Lawn
Japanese Garden
Monon & Main Plaza
Midtown Plaza (Events must be free and open to the public. We are unable to
accommodate public movie requests.)
Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza
is not available for use)
Sophia Square
Other
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
City Services Needed
2. STREET(S) REQUESTED:
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
3. SPECIAL REQUESTS:
Electricity
Fountain Restroom - Fountain/Gazebo
Reflecting Pool Restrooms
N/A
Other
4. CITY SERVICES NEEDED: Mark all that apply
Cones/Barricades (signed agreement required)
Detour/Traffic Redirection Signs (signed agreement required)
Emergency Medical Services (EMS) (Extra fees may apply)
Extra Patrol During Event (when available)
Traffic Control (Extra fees may apply)
On-site Security (Assigned off-duty CPD officers, extra fees will apply)
No Parking Signs (Pick up at Carmel Police Department)
Trash Trailer ($150 fee may be applied for use)
N/A
Other
Event Use/Purpose:
Description of Event:
Event Date Start*
Event Date
End*
If multiple dates,
please list
Set-Up Time:*Tear Down Time:*
Event Start
time:*Event End
time:*
Rehearsal
Number of People
Expected:*
Fees?
5. EVENT DETAILS
Fundraising table at Movies at Midtown
Provide a brief description of event
The Crossroads of America Council, Boy Scouts of America would like to request
the ability for the Carmel units to setup a table for our annual popcorn fundraiser
during the Movies at Midtown events.
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
8/1/2024 9/26/2024
Aug 1, 6, 8, 13, 15, 20, 22, 27, 29, Sept 3, 5, 10, 12, 17, 19, 24, 26
6:00:00 PM 8:00:00 PM
6:00:00 PM 8:00:00 PM
NA
5
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
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
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
VENDORS:
Vendors Present
Food Served (May be subject to Hamilton County Health Department Inspection)
Alcohol Served (Please see Section R under “General Terms and Conditions” in
the Special Event/Facility Use Policy)
N/A
6. CONTACT INFORMATION:
Kristina Divine
Crossroads of America Council, Boy Scouts of America
City
Indianapolis
State / Province / Region
IN
Postal / Zip Code
46256
Country
United States
Street Address
Address Line 2
Non-Profit Organization
Is the Organization based within the City of Carmel city limits?
Yes
No
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
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.
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.
Kristina Divine
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Kristina Divine, Storefront Scheduler
Printed Name and Title (If applicable)
Phone Number (Required)
Indianapolis, IN 46256
Address of Organization/Applicant
4/2/2024
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Sue Finkam, Presiding Officer
Date: ______________________________
___________________________________
Laura Campbell, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
CITY OF CARMEL, INDIANA
Information
SPECIAL EVENT / FACILITY USE REQUEST FORM
Please reference the City of Carmel Special Event/Facility Use Policy
* Must be at least 18 years of age to complete this form.
Please click here to request the Council Chambers or Caucus Room.
Please click here to request the Carter Green or East Patio.
Facility(s)
1. CITY FACILITY(S) REQUESTED:
Civic Square Fountain Area
Civic Square Gazebo / Lawn
Japanese Garden
Monon & Main Plaza
Midtown Plaza (Events must be free and open to the public. We are unable to
accommodate public movie requests.)
Reflecting Pool (Please note that Veteran's Memorial Freedom Circle and Plaza
is not available for use)
Sophia Square
Other
Neighborhood
Name/Streets to be
closed
Upload Map
Type of Closure:
Further Info for type
of closure
Requests:
2. STREET(S) REQUESTED:
Elm Street between Veterans Way and Monon Blvd will be temporarily closed for the
riders to assemble and depart
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Roundabout_Ride_25_Mile.pdf 885.38KB
Roundabout_Ride_50_Mile.pdf 798.58KB
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
Estimated time of closure is 6am to 8am.
3. SPECIAL REQUESTS:
Electricity
Fountain Restroom - Fountain/Gazebo
Reflecting Pool Restrooms
N/A
Other West half of the lawn at Midtown for enclosed festival area.
4. CITY SERVICES NEEDED: Mark all that apply
City Services Needed
Cones*
Crowd-Control
Gates *
Standard Cones*
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 Crowd-Control Gates needed
20
Please note the number of Standard Cones needed
100
5. EVENT DETAILS
Community bicycle event "Roundabout Ride"
Provide a brief description of event
Annual Bike Carmel Roundabout Ride. We will use the same routes as last year
and would like a police officer to control the roundabout on Rangeline and Elm as we
leave Midtown. All streets will remain open for the event.
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:*Tear Down Time:*
Event Start
time:*
Event End
time:*
Rehearsal
Number of People
Expected:*
Fees?
Fees (cont'd)
9/14/2024 9/14/2024
6:00:00 AM 2:00:00 PM
8:00:00 AM 1:00:00 PM
NA
200
Will a Fee be charged for this event? If yes, please describe below.
Yes
No
Purpose of fee
Cover expenses for the City (food, swag etc)`
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.
(2) 10x10 Bike Carmel 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
Bike Carmel / Rollfast
Name of Merchants(s) doing the setup
1
Phone Number of Merchant(s) doing set up:
VENDORS:
Vendors
Vendors Present*
Contact Person*
Email *
Phone Number:*
Cell Number:
Name/Organization:
Address
Organization
Type:*
Residency
A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a
non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must
be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
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.
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?
5
6. CONTACT INFORMATION:
Matt Tanner
Rollfast
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
Country
USA
Street Address
Address Line 2
Non-Profit Organization
Is the Organization based within the City of Carmel city limits?
Yes
No
SECURITY DEPOSIT AND FEE:
DISCLAIMER:
Roundabout Ride 25 Mile
A.CAUTION
B.Rest Area - Monon
Playground Parking Lot
Emergency 911 / Support 317-281-8479
Roundabout Ride 25 Mile
0.0 Start of route
0.1 At roundabout, take exit 2 onto Elm
Street
0.4 R onto 3rd Avenue Southeast
0.6 R onto East Main Street
1.1 At the traffic circle, continue straight
to stay on E Main St
2.3 At the traffic circle, continue straight
to stay on E Main St
3.3 At the traffic circle, take the 3rd exit
onto Hazel Dell Pkwy
4.3 At the traffic circle, take the 1st exit
onto Cherry Creek Blvd
5.7 At the traffic circle, continue straight
to stay on Cherry Creek Blvd
6.0 At the traffic circle, take the 1st exit
onto River Rd
7.3 At the traffic circle, continue straight
to stay on River Rd
8.3 River Rd turns R and becomes E
122nd St
8.7 Continue onto River Rd
8.7 miles. +145/-226 feet
9.4 R onto E 116th St
9.8 At the traffic circle, take the 3rd exit
onto Hazel Dell Pkwy
10.9 R onto E 106th St
11.7 At the traffic circle, continue straight
to stay on E 106th St
13.0 At the traffic circle, continue straight
to stay on E 106th St
13.7 R onto Westfield Blvd
14.2 L onto E 111th St
14.9 R onto Central Park Dr S
14.9 At the traffic circle, take the 2nd exit
onto Central Park Dr W
15.4 L onto College Avenue North
15.6 R onto East 111th Street
16.1 At the traffic circle, continue straight
to stay on E 111th St
16.4 At the traffic circle, continue straight
onto W 111th St
16.7 At the traffic circle, take the 1st exit
onto Spring Mill Rd
8.0 miles. +191/-96 feet
17.0 Slight R to stay on Spring Mill Rd
17.1 Enter the traffic circle
17.2 Exit the traffic circle onto Spring Mill
Rd
18.2 Slight R to stay on Spring Mill Rd
18.4 At the traffic circle, continue straight
to stay on Spring Mill Rd
18.7 At the traffic circle, continue straight
to stay on Spring Mill Rd
19.2 R onto W 136th St
20.1 R onto N Illinois St
21.2 At the traffic circle, continue straight
to stay on N Illinois St
21.6 At the traffic circle, take the 2nd exit
onto W Carmel Dr
22.1 At the traffic circle, take the 3rd exit
onto Old Meridian St
22.3 At roundabout, take exit 1 onto Grand
Boulevard
22.8 R onto South Guilford Road
6.2 miles. +115/-124 feet
23.1 At the traffic circle, continue straight
to stay on S Guilford Rd
23.3 At the traffic circle, take the 3rd exit
onto W Carmel Dr
23.9 L onto 3rd Ave SW
24.5 At the traffic circle, continue straight
to stay on 3rd Ave SW
24.9 R onto Elm St
25.0 End of route
2.2 miles. +21/-35 feet
Emergency 911 / Support 317-281-8479
Roundabout Ride 50 Mile
A.CAUTION
B.Rest Area - Monon
Playground Parking Lot
C.CAUTION
D.Rest Stop - Smokey Row
Elementary
Emergency 911 / Support 317-281-8479
Roundabout Ride 50 Mile
0.0 Start of route
0.1 At roundabout, take exit 2 onto Elm
Street
0.5 R onto 3rd Avenue Southeast
0.6 R onto East Main Street
1.1 At the traffic circle, take the 2nd exit
and stay on E Main St
2.4 At the traffic circle, continue straight
to stay on E Main St
3.4 At the traffic circle, take the 3rd exit
onto Hazel Dell Pkwy
4.4 At the traffic circle, take the 1st exit
onto Cherry Creek Blvd
5.8 At the traffic circle, continue straight
to stay on Cherry Creek Blvd
6.1 At the traffic circle, take the 1st exit
onto River Rd
7.3 At the traffic circle, continue straight
to stay on River Rd
9.4 R onto E 116th St
9.9 At the traffic circle, take the 3rd exit
onto Hazel Dell Pkwy
9.9 miles. +153/-235 feet
11.0 R onto E 106th St
11.7 At the traffic circle, take the 2nd exit
and stay on E 106th St
13.0 At the traffic circle, take the 2nd exit
and stay on E 106th St
13.8 R onto Westfield Blvd
14.3 L onto E 111th St
14.9 R onto Central Park Dr S
15.0 At the traffic circle, take the 2nd exit
onto Central Park Dr W
15.5 L onto College Avenue North
15.7 R onto East 111th Street
16.2 At the traffic circle, continue straight
to stay on E 111th St
16.5 At the traffic circle, continue straight
onto W 111th St
16.7 At the traffic circle, take the 1st exit
onto Spring Mill Rd
17.2 At the traffic circle, take the 2nd exit
and stay on Spring Mill Rd
7.3 miles. +183/-73 feet
18.4 At the traffic circle, continue straight
to stay on Spring Mill Rd
18.7 At the traffic circle, take the 2nd exit
and stay on Spring Mill Rd
19.2 ROUTE SPLIT
Watch for the 25 / 50 mile route split here!
19.2 At the traffic circle, take the 1st exit
and stay on Spring Mill Rd
19.7 At the traffic circle, take the 2nd exit
onto W 141st St
20.7 At the traffic circle, take the 2nd exit
and stay on W 141st St
21.7 At the traffic circle, take the 2nd exit
and stay on W 141st St
23.5 L onto West Road
24.5 L onto W 131st St
24.5 R onto West Road
25.0 West Road turns R and becomes W
126th St
25.1 L onto West Road
26.2 L onto W 116th St
9.0 miles. +147/-125 feet
27.1 At the traffic circle, take the 1st exit
onto Shelborne Rd
28.1 At the traffic circle, take the 3rd exit
onto W 106th St
29.1 At the traffic circle, take the 3rd exit
onto Towne Rd
30.1 At the traffic circle, take the 2nd exit
and stay on Towne Rd
31.1 At the traffic circle, take the 2nd exit
onto W 126th St
32.2 At the traffic circle, take the 1st exit
onto Shelborne Rd
32.7 At the traffic circle, take the 1st exit
onto W 131st St
33.6 At the traffic circle, take the 2nd exit
onto W Main St
34.7 At the traffic circle, take the 2nd exit
onto Ditch Rd
35.2 At the traffic circle, take the 1st exit
onto W 136th St
36.2 At the traffic circle, take the 1st exit
and stay on W 136th St
37.1 ROUTE SPLIT
Watch for the 25 / 50 mile route split here!
10.9 miles. +120/-169 feet
Emergency 911 / Support 317-281-8479
37.2 At the traffic circle, take the 1st exit
and stay on W 136th St
37.4 At the traffic circle, take the 1st exit
onto Old Meridian St
37.5 Continue onto Old Meridian St
37.6 At roundabout, take exit 1 onto Old
Meridian Street
37.6 At roundabout, take exit 3 onto North
Guilford Road
37.7 R onto North Guilford Road
38.0 At the traffic circle, take the 3rd exit
onto West Main St
38.5 At roundabout, take exit 2 onto West
Main Street
38.7 L onto North Range Line Road
39.2 At roundabout, take exit 1 onto East
136th Street
39.9 At the traffic circle, take the 2nd exit
onto E 136th St/E Smokey Row Rd
40.3 At the traffic circle, take the 1st exit
and stay on E 136th St/E Smokey
Row Rd
3.1 miles. +103/-107 feet
41.2 At the traffic circle, take the 1st exit
onto Gray Rd
41.7 At the traffic circle, continue straight
to stay on Gray Rd
42.2 At the traffic circle, take the 2nd exit
and stay on Gray Rd
43.2 R onto E 116th St
44.5 At the traffic circle, take the 2nd exit
and stay on E 116th St
46.7 At the traffic circle, take the 1st exit
onto Pennsylvania Street
47.3 At the traffic circle, continue straight
to stay on N Pennsylvania St
47.5 At the traffic circle, take the 1st exit
onto Old Meridian St
47.8 At the traffic circle, take the 2nd exit
and stay on Old Meridian St
48.0 At roundabout, take exit 1 onto Grand
Boulevard
48.5 R onto South Guilford Road
48.8 At the traffic circle, take the 2nd exit
and stay on S Guilford Rd
8.6 miles. +176/-132 feet
49.0 At the traffic circle, take the 3rd exit
onto W Carmel Dr
49.6 L onto 3rd Ave SW
50.2 At the traffic circle, continue straight
to stay on 3rd Ave SW
50.5 R onto Elm St
50.6 End of route
1.8 miles. +19/-30 feet
Emergency 911 / Support 317-281-8479
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.
Rollfast
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Matt Tanner, Founder
Printed Name and Title (If applicable)
(Required)
Applicant
2/28/2024
Date
City of Carmel Use Only
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
Sue Finkam, Presiding Officer
Date: ______________________________
___________________________________
Laura Campbell, Member
Date: ______________________________
___________________________________
Alan Potasnik, Member
Date: ______________________________
ATTEST:
_____________________
Jacob Quinn, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
CITY OF CARMEL, INDIANA
Information
CARTER GREEN
SPECIAL EVENT / FACILITY USE REQUEST FORM
Please reference the City of Carmel Special Event/Facility Use Policy
* Must be at least 18 years of age to complete this form.
FACILITY*
Neighborhood
Name/Streets to be
closed
1. CITY FACILITY REQUESTED:
Mark all that apply
CARTER GREEN (area between Palladium & James Building)
PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts)
2. STREET(S) REQUESTED:
1 Carter Green, Carmel, IN 46032, USA
Include addresses as appropriate
UPLOAD MAP
Type of Closure:
Further Info for type
of closure
REQUESTS:
CITY SERVICES
NEEDED:
Cones *
Barricades *
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:
Request Carter Green to be closed to vehicular traffic
3. SPECIAL REQUESTS:
Mark all that apply
ELECTRICITY
JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply
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
Agreement must be signed with Carmel Street Department before delivery/pickup
Standard Cones Tall Skinny Cones
Barricades (used to close roads)Crowd-Control Gates
Please note the number of Barricades needed
4-6
Event Use/Purpose:
Description of
Event:
Event Date Start Event Date End
If multiple dates,
please list
Set-Up time
AM/PM*
Tear Down Time
AM/PM*
Event Start
time:
5. EVENT DETAILS:
Center Celebration 2024
Provide a brief description of event
The Center for the Performing Arts will hold their Center Celebration Gala on
Saturday, September 21, 2024. We will need to install our tent at the base of the
Palladium South Stairs between 9am and 4pm on Friday, September 20, and it will
be torn down on Monday, September 23 between 9am and 4pm. We realize this
conflicts with the Farmers Market, but we have received approval from Ron Carter.
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
9/20/2024 9/23/2024
9/20/24, 9/21/24, 9/22/24, 9/23/24
9:00:00
AM
4:00:00
PM
4:00:00
AM/PM*
Event end time:
AM/PM*
Rehearsal
Number of People
Expected:
Fees?
Vendors
PM
11:00:00
PM
NA
400
Will a Fee be charged for this event? If yes, please describe below.
YES
NO
EVENT SET UP:
Mark all that apply
Stage
Size of Stage
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.
20 x 20
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-
2600)
Bounce House
N/A
Other
A Classic Party Rental
Name of Merchants(s) doing the setup
3172517368
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
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 previsously granted request to use a City facility for any lawful reason.
Approximently how many vendors will be present?
2
6. CONTACT INFORMATION:
Nicole Chernish
Event Manager
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
Country
United States
Street Address
1 Carter Green
Address Line 2
Non-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.
Nicole Chernish
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Nicole Chernish, Event Manager
Printed Name and Title (If applicable)
Phone Number (Required)
1 Carter Green
Carmel, IN 46032
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:__________________________________________________________________
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
UPLOAD MAP
Type of Closure:
Further Info for type
of closure
REQUESTS:
CITY SERVICES
NEEDED:
Event Use/Purpose:
Description of
Event:
Event Date Start Event Date End
If multiple dates,
please list
Set-Up time
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
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
5. EVENT DETAILS:
Ochsenhaut / Bischoff Wedding Ceremony
Provide a brief description of event
Ceremony for 80-100 people
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
9/28/2024 9/28/2024
3:00:00
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?
Fees (cont'd)
PM
8:00:00
PM
5:30:00
PM
6:30:00
PM
NA
9/27/2024
5:00:00
PM
6:30:00
PM
100
Will a Fee be charged for this event? If yes, please describe below.
YES
NO
Purpose of fee
Chair Rental
EVENT SET UP:
Mark all that apply
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.
Vendors
Contact Person
Email
Phone Number:
Cell Number:
Name/Organization:
Address
Organization Type:*
Residency
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-
2600)
Bounce House
N/A
Other
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
VENDORS:
Mark all that apply
VENDORS PRESENT
FOOD SERVED (May be subject to Hamilton County Health Department
inspection.)
ALCOHOL SERVED - Please see Section R under “General Terms and
Conditions” in the Public Use Policy.
N/A
6. CONTACT INFORMATION:
Amanda Ahern
Hotel Carmichael
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
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:
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.
DISCLAIMER:
Acknowledgement and Agreement
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by
all the terms and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any
damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility
Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I
understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful
reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors,
officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or
in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our
use of the City-owned facility and/or property.
Age Confirmation *
Special
Event/Facility Use
Policy *
*
*
GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT
I confirm that I am 18 years of age or older.
By selecting this box, I hereby acknowledge that I have read and fully
understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy
and agree to be bound by all the terms and conditions set forth therein.
Hotel Carmichael
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Amanda Ahern - Catering Sales Manager
Printed Name and Title (If applicable)
Phone Number (Required)
1 carmichael sq, carmel, in 46032
Address of Organization/Applicant
3/8/2024
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:__________________________________________________________________
ApprovedandAdoptedthis dayof ,20.
CITYOFCARMEL,INDIANA
ByandthroughitsBoardofPublicWorksandSafety
BY:
SueFinkam,PresidingOfficer
Date:
LauraCampbell, Member
Date:
AlanPotasnik, Member
Date:
ATTEST:
JacobQuinn,Clerk
Date:
April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: OPEN PAVEMENT CUT; LANE RESTRICTION– CENTERPOINT ENERGY-622 S RANGE LINE ROAD
Dear Board Members:
Centerpoint Energy is requesting approval for an open pavement cut and associated lane restriction to install gas
service for a new mixed-use development at 622 S Range Line Rd. On open pavement cut is needed near the
median of Range Line to tap the existing main (exhibit attached).
The Department of Engineering recommends that the Board approve the requested lane restriction and open
pavement cut conditioned upon the following requirements:
•The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and
6-227(b).
•Petitioner agrees to post proper lane restriction signage that will remain in place for the duration of the
project.
•Traffic shall be maintained during the working period. A minimum 10’ lane shall be provided at all times
within the work area.
•The Department of Engineering shall be provided a minimum 48-hour notification of lane restriction prior
to commencement of work.
•Any damage to the existing improvements within the right of way shall be restored to the satisfaction of
the City when work is completed.
•Open pavement cuts shall be restored in accordance with City of Carmel standards.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
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April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – AES – 11477 TOWNE RD
Dear Board Members:
AES Indiana is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-
17-01) to replace two existing utility poles near 11477 Towne Rd. The pole replacements are regular maintenance
of the existing electric distribution network (exhibit attached).
The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is
valid and recommends approval of the waiver conditioned upon the following:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and
6-227(b).
• Any damage to the existing improvements within the City of Carmel right of way of shall be restored to
the satisfaction of the City when work is completed.
• The petitioner shall be responsible for coordinating relocation of all utility lines attached to the poles and
complete removal of any retired or replaced poles.
• Access to all adjoining properties shall be maintained at all times.
• The petitioner acknowledges that this waiver is for the items described above only.
• The petitioner acknowledges that the waiver approved this date does not guarantee approval of any
future waiver requests for this or any other project.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
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April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – DUKE ENERGY – 751 OSWEGO RD
Dear Board Members:
Duke Energy is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-
17-01) to replace two existing utility poles damaged by lightning. The poles are in a rear yard easement near 751
Oswego Rd (exhibit attached).
The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is
valid and recommends approval of the waiver conditioned upon the following:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and
6-227(b).
• Any damage to the existing improvements within the City of Carmel right of way of shall be restored to
the satisfaction of the City when work is completed.
• The petitioner shall be responsible for coordinating relocation of all utility lines attached to the poles and
complete removal of any retired or replaced poles.
• Access to all adjoining properties shall be maintained at all times.
• The petitioner acknowledges that this waiver is for the items described above only.
• The petitioner acknowledges that the waiver approved this date does not guarantee approval of any
future waiver requests for this or any other project.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: CURB CUT REQUEST– 210 STUBBS WAY
Dear Board Members:
The property owner at 210 Stubbs Way has requested approval of 2 new curb cuts to provide a circular driveway
for a proposed single-family residence (Exhibit attached).
The Department of Engineering recommends that the Board approve the request contingent upon satisfaction of
the following requirements:
•In constructing the entrance, the petitioner’s contractor shall comply with the provisions of Carmel City
Code 6-227(a)(1), 6-227(a)(8) and 6-227(b).
•The portion of the proposed entrance within the right of way is constructed of concrete pursuant to
Carmel City Code 6-227(h)(6).
•Apron within right of way shall not exceed maximum width indicated on City Standard Details and shall be
minimum 6” thickness concrete (City of Carmel Standard Drawing 10-21A). No portion of the proposed
drive aprons within the City right of way shall encroach past the extension of the property line to the
center of the street.
•Roadside drainage must be maintained across the proposed entrance pursuant to Carmel City Code 6-
227(h)(9).
•Public streets and alleys shall be always kept clean of dirt and debris.
•Petitioner understands that approval is granted for the items described above only. All other items of
work shown on the attached exhibits are subject to review and approval by the Department of
Engineering and other Departments of the City as a part of a separate process.
•Access to surrounding properties shall be maintained at all times.
•Any damage to improvements within the public right-of-way connected with the construction of the
project shall be restored to comply with all city codes and standards to the satisfaction of the City when
work is complete.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: DRIVEWAY WIDTH WAIVER – STANDARD DRAWING 10-21A – 10405 HUSSEY LN
Dear Board Members:
Brian Brown, PE, with Stoeppelwerth Engineers is requesting a waiver of width requirements on standard detail
10-21A for residential driveways. The waiver is requested to maintain the angle of the existing driveway approach
when the driveway is reconstructed as part of a new single-family residential project at this site (exhibits attached).
To do so, the width at the edge of pavement will exceed the 30’ maximum width but will taper back to the 20’
maximum width at the property line.
The Department of Engineering has reviewed the proposed driveway variance and finds no issues with the request.
It is the recommendation of the department that the Board approve this request conditioned upon the entrance to
conform of the required cross-section of pavement per Standard Drawing 10-21B and items of condition listed
below:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and
6-227(b).
• The petitioner understands that approval is granted for the driveway variance only. Any other items of
work shown on the attached exhibits are subject to review and approval by the Department of
Engineering and other Departments of the City as part of a separate approval process.
• Construction in dedicated Right-of-Way shall comply with all other city codes and standards.
• Petitioner shall obtain approval for all work in the Right-of-Way from the Department of Engineering prior
to commencing any construction work.
• Any damage to the existing improvements within City of Carmel right-of-way shall be restored to the
satisfaction of the City when the work is complete.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
February 19, 2024
City of Carmel Engineering Department
One Civic Square
Carmel, IN 46032
Attention: Alex Jordan
Re: SW-2023-00053
New Residence – 10475 Hussey Lane
Waiver Request
Dear Mr. Jordan:
In response to your comments dated February 9, 2024 the following waivers are being requested for this
project.
Waiver #5 – Standard Detail 10-21A – Residential Driveway Depressed Curb requires the maximum
apron width to be 30 feet. A waiver from this requirement is being requested to allow the property
owner to follow the existing driveway angle into the property. Given that angle, the apron width
exceeds 30 feet, even though the driveway width does not exceed 20’ wide.
If you have any questions or comments concerning these revisions, please contact me at
bbrown@stoeppelwerth.com or my direct line at (317) 570-4704.
Very truly yours,
STOEPPELWERTH & ASSOCIATES, INC.
Brian M. Brown, PE, CFM
Director of Water Resources
Cc: File
Steve Hoss
BMB/ads
S:\102779HOS\Blue Book\Agency_Correspondence\Waiver Request Carmel 2.docx
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A L W A Y S O N
7965 East 106th Street, Fishers, IN 46038-2505phone: 317.849.5935 fax: 317.849.5942
THIS DRAWING IS NOT INTENDED TO BEREPRESENTED AS A RETRACEMENT ORORIGINAL BOUNDARY SURVEY, AROUTE SURVEY OR A SURVEYORLOCATION REPORT.
CERTIFIED:
S T O E P P E L W E R T HSITE DEVELOPMENT PLANC2
0
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10405 HUSSEY LANE
CARMEL, IN 46032
KJJ
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CARMEL, CLAY TOWNSHIP HAMILTON COUNTY, INDIANA
12/20/23
File Name:S:\102779HOS\DWG\C200 - Site Development Plan.dwg - C200Modified / By: April 4, 2024 12:58:20 PM / gmyersPlotted / By: April 4, 2024 1:11:28 PM / Greg Myers
01/23/24 REVISED PER CITY COMMENTS KJJM
02/19/24 REVISED PER CITY COMMENTS KJJM
04/04/24 REVISED PER CITY COMMENTS GEM
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9
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(
N
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TBM
#
2
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ELE
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8
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(
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2.
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C
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.
A
N
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3.
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W
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K
I
N
G
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B
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T
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A
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T
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.
4.
T
H
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C
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T
R
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C
T
O
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S
H
A
L
L
P
R
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S
E
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V
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A
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D
P
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P
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T
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M
A
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K
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,
S
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T
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O
N
C
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R
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,
S
U
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Y
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A
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A
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P
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5.
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D
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6.
R
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.
7.
T
H
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C
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T
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A
C
T
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A
L
L
B
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REQ
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8.
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.
C
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P
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E
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9.
W
H
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10.
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11.
F
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A
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April 9, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- NEW HOTEL-14311
CLAY TERRACE BLVD
Dear Board Members:
The property owners of Clay Terrace mall have requested the city accept a Grant of Perpetual Storm
Water Quality Management Easement associated with a new hotel proposed at 14311 Clay Terrace Blvd.
Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents.
The Department of Engineering has reviewed the attached forms and found them sufficient for Board
signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
202342737
Maria Manley-DuttonEVP, Chief Legal Officer & Secretary
01/02/2028
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
________________________________________
Sue Finkam, Mayor
Date: __________
________________________________________
Laura Campbell, Member
Date: ____________
________________________________________
Alan Potasnik, Member
Date: ____________
ATTEST:
________________________________________
Jacob Quinn, Clerk
Date: ____________
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Sue
Finkam, a member of the City of Carmel, Indiana Board of Public Works & Safety and
acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this _________ day of ___________________, 20__.
My Commission Expires: ____________________________________
_____________________ Notary Public
Residing in _______________County ____________________________________
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Laura
Campbell, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of Board of Public Works & Safety.
Witness my hand and Notarial Seal this _________ day of ___________________, 20__.
My Commission Expires: ____________________________________
_____________________ Notary Public
Residing in _______________County ____________________________________
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Alan
Potasnik, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this _________ day of ___________________, 20__.
My Commission Expires: ____________________________________
_____________________ Notary Public
Residing in _______________County ____________________________________
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Jacob
Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing
Easement as the Clerk of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this _________ day of ___________________, 20__.
My Commission Expires: ____________________________________
_____________________ Notary Public
Residing in _______________County ____________________________________
Printed Name
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law –
Sergey Grechukhin.
Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032
Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032
N
E
S
W Kuhn & GustafsonLandSngiyevru
N
㈰㈳〴㈷㌷
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
Sue Finkam, Presiding Officer
Laura Campbell, Member
Alan Potasnik, Member Jacob Quinn, Clerk
Date:
Date:
Date:Date:
STATE OF INDIANA
COUNTY OF HAMILTON
)
) SS:
)
Before me, a Notary Public in and for said County and State, personally appeared SUE FINKAM, LAURA
CAMPBELL and ALAN POTASNIK, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Jacob Quinn, Clerk of THE CITY OF CARMEL, who
acknowledged the execution of the foregoing “CONSENT TO ENCROACH” on behalf of the City of Carmel,
Indiana.
Witness my hand and Notarial Seal this _____ day of ______________, 20__.
NOTARY PUBLICMy Commission Expires:
Printed Name
My County of Residence:
This instrument was prepared by Sergey Grechukhin, Esquire, Transactions Chief, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this
document, unless required by law. Sergey Grechukhin, Esquire
1
RESOLUTION NO. BPW04-17-24-03
ARESOLUTION OFTHEBOARD OFPUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND
PRESENTATION OFPISTOL AND BADGE
WHEREAS, pursuant toIC5-22-22-6, theBoard ofPublicWorks and SafetyoftheCity of
Carmel, Indiana (“Board”), maytransfer toanother certain personal property; and
WHEREAS, Sergeant Robert P. Harris hasprovided over 28 years ofmeritorious service to
theCarmel community asaCarmel CityPolice Officer, andwillberetiring onApril 29, 2024; and
WHEREAS, ithas been a long-standing policy andpractice oftheCarmel Police
Department topresent toeachofitssworn officers, uponretirement, their badgeandfirearm.
NOW, THEREFORE, BEITRESOLVED bytheBoard, as follows:
Section 1. Theforegoing Recitals areincorporated herein bythis reference.
Section 2. Thefollowing items maybetransferred andpresented toSergeant Robert P.
Harris uponhisretirement, atthedirection oftheChiefofPolice:
Sergeant Robert P. Harris’s Service Weapon, Glock Model 17MOS, 9 mm Pistol and
accessories andCarmel Police Department Badge/marked “Retired.”
SORESOLVED.
Resolution No. BPW 04-17-24-03
PageOneofTwoPages
ThisResolution wasprepared byBenjamin Legge, Carmel CityAttorney, on4/10/2024at10:47AM. Nosubsequent
revision tothisResolution hasbeenreviewed byMr. Legge forlegalsufficiency orotherwise.
PASSED by theBoard ofPublic Works and Safety oftheCity ofCarmel, Indiana, this
dayof , 2024, byavoteof ayesand nays.
CITY OFCARMEL, INDIANA
Byandthrough itsBoard ofPublic Works and
Safety (“Board”)
By:
SueFinkam, Presiding Officer
Date:
LauraCampbell, Member
Date:
Alan Potasnik, Member
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
Resolution No. BPW 04-17-24-03
PageTwoofTwo Pages
ThisResolution wasprepared byBenjamin Legge, Carmel CityAttorney, on4/10/2024 10:47AM. Nosubsequent
revision tothisResolution hasbeenreviewed byMr. Legge forlegalsufficiency orotherwise.
1
RESOLUTION NO. BPW 04-17-24-05
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPROVING THE APPOINTMENTS OF POLICE CHIEF’S EXECUTIVE ASSISTANTS
WHEREAS, the City of Carmel (“City”), under Carmel City Code § 2-3 and pursuant to Indiana Code § 36-8-2-2, has established the City of Carmel Police Department; and WHEREAS, the Police Chief has been appointed by the Mayor under Indiana Code § 36-4-9-6 and Carmel City Code § 6-33; and WHEREAS, Carmel City Code § 6-33(b) provides the Police Chief with exclusive control over and charge of the operations of the Carmel Police Department, subject to lawful rules and orders, and, allows
the Chief, with the approval of the City of Carmel Board of Public Works and Safety, to appoint any number of executive assistants that the Chief deems necessary to efficiently discharge the Chief’s executive duties; and WHEREAS, the Police Chief now requests approval from the City of Carmel Board of Public Works and Safety, subject to Carmel City Code § 6-33(b), to appoint and/or reassign certain executive
assistants necessary to efficiently discharge the Chief’s executive duties, as set forth below. IT IS THEREFORE RESOLVED THAT:
1. The foregoing Recitals are fully incorporated herein by this reference. 2. The City of Carmel Board of Public Works and Safety has reviewed the Police Chief’s request and hereby approves the appointments of the following Police Chief’s executive assistants:
Lieutenant Brady Myers as Deputy Chief of Police Services Lieutenant D.J. Schoeff as Deputy Chief of Administration Lieutenant Anna Flaming as Major of Performance and Planning
3. All previously appointed Police Chief’s executive assistants shall remain the same.
Resolution No. BPW 04-17-24-05 Page One of Two
2
SO RESOLVED.
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, Clerk
Date:
Resolution No. BPW 04-17-24-05 Page Two of Two