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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 DpousbduDpnpejuzFyq!EbufFEHBS 341216Ufdiopmphz!Tpmvujpot!Qspevdut!boe!Tfswjdft1604203139Tff!FEHBS!Dfsujgjdbujpo!Epd/ 311:15Bvejp!Wjtvbm!Frvjqnfou-!Tvqqmjft-!boe!Tfswjdft2204103134Tff!FEHBS!Dfsujgjdbujpo!Epd/ CONTACTSBYCONTRACTS 311:15 Lbsmb!TbnbsjqbTbmft!Tqfdjbmjtu)911*!599.5:65lbsmb/tbnbsjqbAbwjtztufnt/dpn Nbsl!XbssfoFyfdvujwf!Bddpvou)573*!614.2811nbsl/xbssfoAbwjtztufnt/dpn 341216 LBSMB!TBNBSJQBJotjef!Tbmft)623*!593.9578lbsmb/tbnbsjqbAbwjtztufnt/dpn Bmfy!BvtujoTbmft)623*!593.9578bmfy/bvtujoAbwjtztufnt/dpn 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 Noresponse Noresponse Noresponse Noresponse Noresponse 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 2 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. 3 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. 4 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. 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LE G E N D DW G T I T L E : DW G N U M B E R : of SA P N U M B E R : RE V I S I O N D A T E : DA T E : DE S I G N E R : LO N G I T U D E : LA T I T U D E GIS G R I D : CO U N T Y : ST A T E : CIT Y : OP E R A T I N G C E N T E R : DIV I S I O N : SY S T E M N O P : SY S T E M M A O P : PR O P O S E D M A O P : CO M P L E T I O N D A T E : IN S E R V I C E D A T E : PR O J E C T S T A R T D A T E : IN S P E C T O R : CR E W L E A D E R : CO N T R A C T O R : Kno w w h a t ' s bel o w . bef o r e y o u d i g . Cal l R GSGS GSGS 99999999 99999999 = PROPOSED GAS MAIN= PROPOSED GAS SERVICE= RETIRED GAS= EXISTING GAS MAIN= EXISTING GAS SERVICE= GAS VALVE = CRITICAL GAS VALVE # SSSTWOHUEFOT = EASEMENT LINE= ROW = FIBER OPTIC= U.G. ELECTRIC LINE = WATER MAIN= STORM LINE= SANITARY LINE PE R M I T D W G 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 Jo b N a m e : 2 0 - A 0 1 J S 5 B Wo r k O r d e r : 2 0 0 2 6 1 5 9 9 5 Li f e c y c l e # : 3 6 9 7 9 De s i g n e r : B r o c k N e l s o n WB S : D U S 2 2 . 0 1 . 4 0 . 1 0 2 4 1 0 1 0 0 2 0 0 50 Y a r d s / Da t a i s p r o p r i e t a r y a n d c o n f i d e n t i a l Ci r c u i t : T R E M O N T N O . 1 Ta p s : Up L i n e F u s e : U p L i n e S i z e : Lo c a t i o n : 1 1 4 7 7 T o w n e R d c A r m e l Jo b N a m e : 2 0 - A 0 1 J S 5 B Wo r k O r d e r : 2 0 0 2 6 1 5 9 9 5 Li f e c y c l e # : 3 6 9 7 9 De s i g n e r : B r o c k N e l s o n WB S : D U S 2 2 . 0 1 . 4 0 . 1 0 2 4 2 0 1 0 0 2 0 0 50 Y a r d s / Da t a i s p r o p r i e t a r y a n d c o n f i d e n t i a l Ci r c u i t : T R E M O N T N O . 1 Ta p s : Up L i n e F u s e : U p L i n e S i z e : Lo c a t i o n : 1 1 4 7 7 T o w n e R d c A r m e l 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 GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS BF E BFE BFE BFE BFE BFE BFE BFE BFE BFE BFE —6)—$FV —6)—$FV FW ( F I R M ) FW( F I R M ) FW(FI R M ) FW(FIR M ) FW(F I R M ) FW ( F I R M ) FW ( F I R M ) FW ( F I R M ) FW ( F I R M ) FW F ( F I R M ) FW F ( F I R M ) FWF ( F I R M ) FW F ( F I R M ) FWF(FIRM) FW F ( F I R M ) FWF ( F I R M ) FWF(FIRM) FW F ( F I R M ) FWF(FIR M ) FW F ( F I R M ) FW F ( F I R M ) 162.0 0 803.7 3 803.50805.9 0 826.0 6 826.1 1 827.4 6 823.98 824.0 7 826.24 826.28 825.26 824.20 822. 8 1 823. 2 2 822.1 5 821.71 821.92 822. 7 3 823.80 825.2 8 825. 3 9 824.3 4 823.7 8 823. 0 5 823.1 9 822.15 822. 6 6 821.9 2 821.4 0 821.8 2 823.8 2 823.05 822.42 821.29 821.2 7 820.6 7 821.24 822.1 5 822.5 4 821.05 820.72 819.7 3 819. 5 5 819.1 4 820.4 8 821. 7 7 820.88 820.2 6 821.57 821.72 820.0 2 820.0 6 820.9 7 820.74 820.2 0 820.9 7 821.7 7 819.9 1 819.15 819.0 1 822.14 821.2 5 820.72 819.05 818.10 813.75 815.65 814.90 814.10 814.11 815.22 814.5 0 815.3 6 815. 8 6 816.03 816.5 4 817. 9 3 816.81 816.6 5 816. 4 4 816.3 2 818.0 1 811. 0 4 801.5 2 801.8 4 801.5 4 802.0 0 0.00 0.00 800.90 0.00 0.000.00 806.8 9 0.00 0.00 0.000.00 0.00 807.26 799.6 6 800.7 3 806.7 9 801.73 808.9 3 804. 5 3810.78 809.5 6 801.9 3 806.8 2 800.9 1 806. 8 8 804.04 818.99 816.5 2 816.6 5 821.06 x x x 800.75 803.90 817.98STI_PVC6 INV 799.46 800.7 9 800.82 822.6 2 822.7 9 x x o o o 794. 1 2 796.6 3 797.3 2 799.2 2 800.8 0 802.7 7 800.9 1 802.1 0 800.80 o o o o o o o o o o o o o o o 205.5' 70.8 ' 298.0' 189.7'190.0' 297.7' 239.4' 239.0' 41. 9 ' W W W W W W W W W W W W W W W W 22.6 21.5 20.5 08.8 07.6 08.2 08.4 08.4 08.2 07.9 07.008.2 07.9 05.0 07.0 08.3 09.4 08.8 08.3 08.6 09.4 08.8 06.0 08.5 08.8 09.4 07.8 08.6 08.4 07.7 07.7 04.1 04.1 04.1 09.1 09.1 09.1 08.8 08.8 08.808.8 07.7 07.7 07.7 07.7 04.1 04.1 04.1 04.1 04.1 07.7 07.7 07.7 08.8 09.1 09.1 09.1 08.8 08.8 08.8C.O.C.O.C.O. E E E E E E E E E E E E E E E E GASGASGASGASGAS GA S GA S GA S GA S GA S GA S GA S LV LV LV LV LV LV o o o o o o o o o o o o o o o o o o o o o o o oo o oo o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 40 1 40 0 790791792793794795796798799 803 803 804 803 803 803 799 796 794 793 793 794 795 796 798 80 2 80 3 80 0 807 806805 804 802 801 808 808807 806805 806 805 804 LAKE #1N.P.= 800.00 T.O.B.= 803.0010 YEAR ELEV.= 800.89100 YEAR ELEV.= 801.74BOTTOM ELEV.= 786.00 FF ( D N R ) FF(D N R ) FF(DN R ) FF(D N R ) FF(DNR) FF(DNR) FF( D N R ) ) FF( D N R ) FF(DNR ) FF(DN R ) FF(D N R ) FF(DNR) FF ( D N R ) FF( D N R ) FF( D N R ) FF ( D N R ) FF(D N R ) 819821 820 819 818 817 816 815 814 813812811 810 809 808 807 806 805 820 818 817 816815 814 813 812 811810 809 808 807 806 826 825 824 823 82 2 818 814 816 812 813 811 81080 9 816 799798797796 805 806 802 801 800 799 801 816 815814811 808 805 803 791792793794795796797 814813 812811810 809 807 800 786787 788789790791792793794795796797798799800801802803 803802 801 800799798 40 2 40 3 08.007.507.0 08.2 15' D.&U.E. 15' D.&U.E. 15' D . & U . E . 20.0' BM P ACCE S S EAS E M E N T 20.0' BMP ACCESS EASEMENT 20.0 ' BM P ACC E S S EA S E M E N T 379 . 9 ' 80 4 805 40 6 407 802 802 803 803802801 15' B M P E 20.0' BMP ACCESS EASEMENT 15' BMPE 15' BMPE 15' BMPE 12' SPILLW A Y 15' BMPE """" "" "" "" "" GE N E R A L N O T E S 1. C O N T R A C T O R S H A L L V E R I F Y D E P T H S O F A L L E X I S T I N G ON S I T E U T I L I T I E S P R I O R T O C O N S T R U C T I O N T O CO N F I R M T H E R E I S N O T A N Y C O N F L I C T S W I T H O T H E R UTI L I T I E S , S T O R M S E W E R S O R S T R E E T S . C O N F L I C T S AFT E R C O N S T R U C T I O N B E G I N S A R E S O L E L Y T H E CO N T R A C T O R ' S R E S P O N S I B I L I T Y . LE G E N D EX I S T I N G F E A T U R E S WA T E R M A I N EL E C T R I C L I N E , O V E R H E A D EL E C T R I C L I N E , U N D E R G R O U N D GA S M A I N FO R C E M A I N SA N I T A R Y S E W E R ST O R M S E W E R CO N T O U R WA T E R F L O W L I N E FE N C E L I N E TR E E L I N E WA T E R , H Y D R A N T WA T E R , V A L V E WA T E R , M E T E R UTI L I T Y P O L E GU Y A N C H O R EL E C T R I C , T R A N S F O R M E R CA B L E , P E D E S T A L TE L E P H O N E , A C C E S S C O V E R TE L E P H O N E , P E D E S T A L LIF T S T A T I O N , W E T W E L L LIF T S T A T I O N , V A L V E V A U L T TIL E R I S E R WE T L A N D S M A R K E R MA I L B O X SIG N TR E E PRO P O S E D F E A T U R E S WA T E R M A I N SA N I T A R Y S E W E R ( w / L A T E R A L S ) ST O R M S E W E R CO N T O U R NO R M A L W A T E R E L E V A T I O N SW A L E F L O W L I N E GRA D E E L E V A T I O N 5' W I D E S I D E W A L K ( B Y H O M E BU I L D E R ) (D E V E L O P E R S H A L L I N S T A L L S I D E W A L K S / P A T H S IN O R A L O N G A L L C O M M O N A R E A S ) CU R B & G U T T E R ( w / 6 " U N D E R D R A I N ) 6" S U B - S U R F A C E D R A I N ( S W A L E ) LO T N U M B E R PA D E L E V A T I O N MIN . F I N I S H F L O O R E L E V A T I O N MIN . F L O O D P R O T E C T I O N G R A D E MF F : 9 1 0 . 0 MIN . F I N I S H F L O O R E L E V A T I O N I S BA S E D O F F O F T H E F O L L O W I N G CR I T E R I A : 1. 1 2 " ( 1 . 0 ' ) A B O V E T H E N E A R E S T UPS T R E A M O R D O W N S T R E A M S A N I T A R Y MA N H O L E ( W H I C H E V E R I S L O W E S T ) , 2. 6 " ( 0 . 5 ' ) A B O V E T H E M F P G AB B R E V I A T I O N S B.L . B U I L D I N G S E T B A C K L I N E ME MA T C H E X I S T I N G HP HIG H P O I N T LP LO W P O I N T GB G R A D E B R E A K MFP G M I N . F L O O D P R O T E C T I O N G R A D E 91 0 . 0 10910 . 5 910 . 2 MFF : MFP G : GR A P H I C S C A L E ( I N F E E T ) 1 " = 5 0 F T DATE MARK REVISIONS BY S & A J O B N O . SHE E T N O . DRA W N B Y : C H E C K E D B Y : 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 0 10 2 7 7 9 H O S 10405 HUSSEY LANE CARMEL, IN 46032 KJJ M / G E M B M B 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 TH E U T I L I T Y L A T E R A L S A R E S H O W N B A S E D U P O N EV I D E N C E C O L L E C T E D I N T H E F I E L D A N D B A S E D UP O N A P R E V I O U S S U R V E Y B Y S . E . A . G R O U P . AC T U A L L O C A T I O N S M A Y N E E D T O B E V E R I F I E D B Y TH E C O N T R A C T O R P R I O R T O C O N S T R U C T I O N . BEN C H M A R K N O T E : OR I G I N A T I N G B E N C H M A R K : Ori g i n a t i n g b e n c h m a r k e s t a b l i s h e d b y S E A G r o u p w i t h T r i m b l e GP S S u r v e y g r a d e e q u i p m e n t a n d I n d i a n a C O R S N e t w o r k . http : / / i n c o r s . i n . g o v / d e f a u l t . a s p x Ele v a t i o n s N A V D ' 8 8 Hor i z o n t a l I n d i a n a S t a t e P l a n e E a s t Z o n e . SIT E T B M : TBM # 1 : A r e b a r w i t h r e d c a p s e t a t g r a d e 2 9 0 ' S o u t h o f t h e N o r t h pro p e r t y l i n e a n d 1 1 9 ' W e s t o f t h e E a s t p r o p e r t y l i n e . ELE V = 8 0 0 . 9 0 0 ( N A V D 8 8 ) TBM # 2 : A r e b a r w i t h r e d c a p s e t a t g r a d e 4 3 2 ' S o u t h o f t h e N o r t h pro p e r t y l i n e a n d 1 9 ' E a s t o f t h e W e s t p r o p e r t y l i n e . ELE V = 8 0 6 . 8 9 0 ( N A V D 8 8 ) NO E A R T H D I S T U R B I N G A C T I V I T I E S M A Y TA K E P L A C E W I T H O U T A N A P P R O V E D ST O R M W A T E R M A N A G E M E N T P E R M I T . 1. T H E U T I L I T I E S S H O W N O N T H E S E P L A N S A N D O N T H E T O P O G R A P H I C A L S U R V E Y M A Y N O T B E A C O M P L E T E R E P R E S E N T A T I O N O F T H E E X I S T I N G UT I L I T I E S O N A N D A R O U N D T H E S I T E . T H E L O C A T I O N A N D S I Z E O F T H E S E U T I L I T I E S M A Y B E A P P R O X I M A T E . T H E E N G I N E E R A N D / O R S U R V E Y O R SHA L L N O T B E H E L D L I A B L E F O R A N Y I N A C C U R A T E U T I L I T Y I N F O R M A T I O N I N D I C A T E D , I M P L I E D , O R N O T S H O W N . 2. T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R L O C A T I N G A N D M A I N T A I N I N G I N S E R V I C E A L L E X I S T I N G U T I L I T I E S E N C O U N T E R E D D U R I N G CO N S T R U C T I O N U N L E S S O T H E R W I S E I N D I C A T E D I N T H E D R A W I N G S . A N Y P I P I N G , W H I C H C A N B E R E M O V E D D U R I N G C O N S T R U C T I O N W I T H O U T UN D U E I N T E R R U P T I O N O F S E R V I C E M A Y B E R E M O V E D A N D R E P L A C E D B Y T H E C O N T R A C T O R , A T H I S E X P E N S E W I T H T H E P E R M I S S I O N O F T H E OW N E R . 3. B E F O R E W O R K I N G W I T H O R A R O U N D E X I S T I N G U T I L I T I E S , T H E A P P L I C A B L E U T I L I T Y C O M P A N Y S H A L L B E C O N T A C T E D B Y T H E C O N T R A C T O R . 4. T H E C O N T R A C T O R S H A L L P R E S E R V E A N D P R O T E C T P R O P E R T Y M A R K E R S , S E C T I O N C O R N E R S , S U R V E Y M A R K S A N D C I T Y B E N C H M A R K S , S U C H A S STO N E S , P I P E S , O R O T H E R M O N U M E N T S E N C O U N T E R E D . I F T H E C O N T R A C T O R M U S T R E L O C A T E T H E P R O P E R T Y M A R K E R S O R M O N U M E N T S T H E I R LO C A T I O N S H A L L B E R E F E R E N C E D B Y A R E G I S T E R E D L A N D S U R V E Y O R A N D T H E O W N E R N O T I F I E D B E F O R E M O V I N G . A L L P R O P E R T Y M A R K E R S AN D M O N U M E N T S R E L O C A T E D D U R I N G C O N S T R U C T I O N S H A L L B E R E - E S T A B L I S H E D B Y A R E G I S T E R E D L A N D S U R V E Y O R A T T H E C O N T R A C T O R ' S EX P E N S E . 5. I T I S T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R T O I N S P E C T E A C H D A Y A N D R E M O V E A L L M U D , D I R T , G R A V E L A N D L O O S E M A T E R I A L S T R A C K E D , DU M P E D , S P I L L E D O R W I N D B L O W N F R O M T H E S I T E O N T O O T H E R S I T E S , R I G H T - O F - W A Y S , P U B L I C O R P R I V A T E S T R E E T S , D R I V E W A Y S , Y A R D S , O R SID E W A L K S . T H E C O N T R A C T O R M U S T C L E A N D A I L Y I F N E C E S S A R Y . 6. R O A D W A Y S U R F A C I N G A N D B A S E M A T E R I A L S , O R A N Y O T H E R P R O P E R T Y R E M O V E D O R D A M A G E D , S H A L L B E R E P L A C E D O R R E P A I R E D A S PRO V I D E D F O R I N T H E S P E C I F I C A T I O N S O R O T H E R C O N T R A C T D O C U M E N T S . 7. T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E T O P R O V I D E A T H I S E X P E N S E A L L A U T O M O B I L E A N D P E D E S T R I A N T R A F F I C C O N T R O L D E V I C E S REQ U I R E D B Y F E D E R A L , S T A T E , C O U N T Y , C I T Y O R L O C A L A G E N C I E S . E V E R Y E F F O R T S H A L L B E M A D E B Y T H E C O N T R A C T O R T O P R O V I D E F O R AC C E S S T O T H E R E S I D E N C E S A C R O S S T H E W O R K A R E A . 8. I N F O R M A T I O N O N D E T A I L D R A W I N G S T A K E S P R I O R I T Y O V E R A L L G E N E R A L D R A W I N G S A N D S C H E D U L E S . C O N F L I C T S S H A L L B E R E S O L V E D AC C O R D I N G L Y , P R I O R T O A N Y C O N S T R U C T I O N O R I N S T A L L A T I O N . E X A C T B U I L D I N G D I M E N S I O N S S H A L L B E V E R I F I E D W I T H A R C H I T E C T U R A L PLA N S B Y C O N T R A C T O R . 9. W H E N C O N N E C T I O N S A R E T O B E M A D E T O E X I S T I N G P I P I N G A N D S T R U C T U R E S O R W H E R E C O N S T R U C T I O N I S I N T H E V I C I N I T Y O F E X I S T I N G P I P I N G TH E L O C A T I O N A N D E L E V A T I O N O F T H E E X I S T I N G P I P I N G S H A L L B E F I E L D V E R I F I E D A N D N O T I F I C A T I O N G I V E N T O T H E O W N E R I F T H E E X I S T I N G PIP I N G I S F O U N D T O B E D I F F E R E N T T H A N T H A T S H O W N O N T H E D R A W I N G S . 10. W H E R E C O N N E C T I O N S A R E M A D E T O E X I S T I N G M A N H O L E S O R B O X I N L E T S , T H A T S T R U C T U R E S H A L L B E R E H A B I L I T A T E D . T H I S R E H A B I L I T A T I O N SHA L L I N C L U D E T H E I N S T A L L A T I O N O F B E N C H W A L L S , A S W E L L A S P R E S C R I B E D M E A S U R E S T O E L I M I N A T E T H E P O T E N T I A L F O R M I G R A T I O N O F BA C K F I L L M A T E R I A L S I N T O T H E S T O R M W A T E R S Y S T E M . 11. F O R C L A R I T Y O F T H E S E D R A W I N G S , P I P E S A N D S T R U C T U R E S M A Y N O T B E D R A W N T O S C A L E O R E X A C T L Y L O C A T E D . 12. T H E C O N T R A C T O R S H A L L V E R I F Y A L L D I M E N S I O N S A N D E L E V A T I O N S I N T H E F I E L D P R I O R T O T H E S T A R T O F C O N S T R U C T I O N . T H E C O N T R A C T O R SHA L L B E R E S P O N S I B L E F O R A L L F I E L D D I M E N S I O N S A N D E L E V A T I O N S D U R I N G T H E E N T I R E C O N S T R U C T I O N S C H E D U L E . I F A N Y D I S C R E P A N C I E S AR E F O U N D I N T H E S E E N G I N E E R I N G P L A N S F R O M A C T U A L F I E L D D I M E N S I O N S , T H E C O N T R A C T O R S H A L L C O N T A C T T H E E N G I N E E R . 13. A L L C O N S T R U C T I O N M E T H O D S A N D M A T E R I A L S M U S T C O N F O R M T O C U R R E N T S T A N D A R D S A N D S P E C I F I C A T I O N S O F T H E F E D E R A L , S T A T E , CO U N T Y , C I T Y O R L O C A L R E Q U I R E M E N T S , W H I C H E V E R H A S J U R I S D I C T I O N . 14. P R O V I D E S M O O T H T R A N S I T I O N F R O M N E W L Y P A V E D A R E A S T O E X I S T I N G A R E A S A S N E C E S S A R Y . A L L A R E A S W H E R E P R O P O S E D P A V E M E N T MEE T S E X I S T I N G P A V E M E N T , T H E E X I S T I N G E D G E O F P A V E M E N T S H A L L B E F R E E O F A L L L O O S E D E B R I S . T H E E D G E O F E X I S T I N G A S P H A L T PAV E M E N T S H A L L B E P R O P E R L Y S E A L E D W I T H A T A C K C O A T M A T E R I A L I N A L L A R E A S W H E R E N E W A S P H A L T P A V E M E N T I S I N D I C A T E D T O J O I N EX I S T I N G . 15. A L L E X C A V A T E D A R E A S T O B E S E E D E D A N D / O R S O D D E D A F T E R F I N I S H G R A D I N G U N L E S S O T H E R W I S E N O T E D . A L L N E W L Y S O D D E D / S E E D E D AR E A S S H A L L H A V E A M I N I M U M O F 4 " O F T O P S O I L . C O N T R A C T O R T O S U P P L Y S T R A W M U L C H W H E R E G R A S S S E E D H A S B E E N P L A N T E D . 16. R E S U R F A C E O R R E C O N S T R U C T A T L E A S T T O O R I G I N A L C O N D I T I O N S A L L A R E A S W H E R E T R A F F I C B Y C O N T R A C T O R , S U B C O N T R A C T O R S O R SUP P L I E R S H A V E D A M A G E D E X I S T I N G P A V E M E N T , L A W N S O R O T H E R I M P R O V E M E N T S D U R I N G C O N S T R U C T I O N , A F T E R C O N S T R U C T I O N W O R K I S CO M P L E T E . 17. A L L U T I L I T Y T R E N C H E S W I T H I N 5 F E E T O F P A V E M E N T S H A L L B E C O M P L E T E L Y B A C K F I L L E D W I T H G R A N U L A R B A C K F I L L . 18. A L L D I M E N S I O N S A R E P A R A L L E L A N D P E R P E N D I C U L A R T O B A S E L I N E S , P R O P E R T Y L I N E S O R B U I L D I N G L I N E S U N L E S S O T H E R W I S E N O T E D . 19. M I N I M U M F L O O D P R O T E C T I O N G R A D E O F A L L S T R U C T U R E S F R O N T I N G A P O N D O R O P E N D I T C H S H A L L B E N O L E S S T H A N 1 F O O T A B O V E A N Y AD J A C E N T 1 0 0 - Y E A R L O C A L F L O O D E L E V A T I O N S O R 2 F E E T A B O V E A N Y A D J A C E N T 1 0 0 - Y E A R R E G I O N A L F L O O D E L E V A T I O N S , W H I C H E V E R I S GR E A T E R , F O R A L L W I N D O W S , D O O R S , P I P E E N T R A N C E S , W I N D O W W E L L S , A N D A N Y O T H E R S T R U C T U R E M E M B E R W H E R E F L O O D W A T E R S C A N EN T E R A B U I L D I N G . 20. T H I S S I T E L I E S P A R T I A L L Y W I T H I N A F L O O D P L A I N P E R F I R M M A P N O . 1 8 0 5 7 C 0 2 1 6 G D A T E D N O V E M B E R 1 9 T H , 2 0 1 4 . 21. S T O R M S E W E R S F O R T H I S P R O J E C T S H A L L B E P R I V A T E . 22. N O E A R T H D I S T U R B I N G A C T I V I T Y M A Y T A K E P L A C E W I T H O U T A N A P P R O V E D S T O R M W A T E R M A N A G E M E N T P E R M I T . 23. U T I L I T Y R E L O C A T I O N S R E Q U I R E D B Y T H E P R O J E C T S H A L L B E T H E R E S P O N S I B I L I T Y O F T H E D E V E L O P E R . U T I L I T Y L I N E R E L O C A T I O N S R E Q U I R E D FOR R O A D P R O J E C T S T H A T R E S U L T I N A C O N F L I C T W I T H P R O P O S E D D E V E L O P M E N T S H A L L B E T H E R E S P O N S I B I L I T Y O F T H E D E V E L O P E R T O RES O L V E W I T H T H E U T I L I T Y . E X I S T I N G P O L E L I N E S R E Q U I R E D T O B E R E L O C A T E D S H A L L B E R E L O C A T E D T O W I T H I N O N E F O O T O F P R O P O S E D RIG H T - O F - W A Y L I N E . 24. D A M A G E T O T H E E X I S T I N G R I G H T - O F - W A Y S H A L L B E R E S T O R E D / R E P A I R E D T O T H E S A T I S F A C T I O N O F T H E C I T Y A T H E C O M P L E T I O N O F T H E PRO J E C T . T H E C O N T R A C T O R I S E N C O U R A G E D T O I N S P E C T T H E R I G H T - O F - W A Y W I T T H E C I T Y P R I O R T O T H E S T A R T O F C O N S T R U C T I O N T O DO C U M E N T T H E E X I S T I N G C O N D I T I O N O F T H E R I G H T - O F - W A Y . 25. A L L E X I S T I N G O F F - S I T E D R A I N T I L E S T H A T A R E E N C O U N T E R E D S H A L L B E T I E D I N T O T H E P R O P O S E D S T O R M S Y S T E M ( W H E R E A P P L I C A B L E ) W I T H A P O S I T I V E O U T F L O W . 26. A L L E X I S T I N G P E R I M E T E R R O A D D R A I N A G E S T R U C T U R E S A N D B R I D G E S A C R O S S T H E F R O N T A G E O F T H I S D E V E L O P M E N T A R E I N D I C A T E D O N T H E PLA N S . P R O V I S I O N S H A V E B E E N M A D E T O I M P R O V E O R R E P L A C E A N Y D R A I N A G E S T R U C T U R E S A N D B R I D G E S A S N E C E S S A R Y O R A S R E Q U E S T B Y TH E C I T Y O T A C C O M M O D A T E T H E P A V E M E N T W I D E N I N G , A U X I L I A R Y L A N E S , M U L T I - U S E P A T H , A N D A N Y O T H E R R E Q U I R E D I M P R O V E M E N T S T O TH E P R O P E R T Y O R T H E R O A D W A Y . T H E C O S T T O I M P R O V E O R R E P L A C E A N Y D R A I N A G E S T R U C T U R E S A N D B R I D G E S W I L L B E B O R N E B Y T H E DE V E L O P E R . 27. A L L P A V I N G W I T H I N T H E E X I S T I N G A N D P R O P O S E D C I T Y R I G H T - O F - W A Y S H A L L C O N F O R M T O T H E R E Q U I R E M E N T S O F T H E D E P A R T M E N T O F EN G I N E E R I N G . T H E C O N T R A C T O R S H A L L C O N T A C T T H E D E P A R T M E N T O F E N G I N E E R I N G T O S C H E D U L E A P R E - C O N S T R U C T I O N M E E T I N G T O REV I E W T H E D E P A R T M E N T ' S C O N S T R U C T I O N R E Q U I R E M E N T S , S T A F F N O T I F I C A T I O N R E Q U I R E M E N T S , R E Q U I R E D I N S P E C T I O N S F O R C E R T A I N STA G E S O F T H E W O R K A N D T O R E V I E W T H E A U T H O R I T Y O F T H E D E P A R T M E N T A S I T R E L A T E S T O W O R K W I T H I N T H E E X I S T I N G A N D P R O P O S E D RIG H T - O F - W A Y . 28. P O O L D R A I N S T O B E D I R E C T E D T O S A N I T A R Y S E W E R . 29. R O O F D R A I N S T O B E D I R E C T E D T O D R Y D E T E N T I O N A R E A S . DR A I N A G E S U M M A R Y OV E R A L L Sit e A c r e a g e = + / - 1 3 . 1 9 a c . Off s i t e / U p s t r e a m A c r e a g e = + / - 0 . 2 9 a c . Vol u m e R e q u i r e d : 6 5 , 8 4 1 c u . f t . Vol u m e P r o v i d e d : 1 2 8 , 6 3 3 c u . f t . Exc e s s V o l u m e : 6 2 , 7 9 2 c u . f t . : 9 5 % a d d i t i o n a l vo l u m e p r o v i d e d Low O r i f i c e : 6 " D i a m e t e r @ 8 0 0 . 0 0 Se c o n d O r i f i c e : 9 . 6 " x 9 " R e c t . N o t c h @ 8 0 1 . 2 0 Top o f C a s t i n g : 8 0 2 . 0 0 Allo w a b l e R e l e a s e R a t e : 10y r = 0 . 8 8 c . f . s . 1 0 0 y r = 2 . 6 4 c . f . s . Po s t D e v e l o p e d R e l e a s e R a t e : 10 y r = 0 . 7 5 c . f . s . 1 0 0 y r = 2 . 0 9 c . f . s . RA I N G A R D E N P L A N T I N G L I S T 1. G R E A T B L U E L O B E L I A 2. G R E E N - H E A D E D C O N E F L O W E R 3. B L U E V E R V A I N 4. B I G B L U E S T E R N 5. F O W L M A N N A G R A S S T.O . B = 8 0 3 . 0 0 5:1 5:1 80 2 . 0 0 NO S C A L E 17 ' EM E R G E N C Y S P I L L W A Y CR O S S S E C T I O N LA K E # 1 T.O . B = 8 0 3 . 0 0 DUP L E X G R I N D E R PUM P S T A T I O N (AS P E R C 8 0 1 ) CLE A N O U T (SE E D E T A I L C 8 0 1 ) EX I S T I N G G A S L I N E S H O W N A T APP R O X I M A T E L O C A T I O N . CO N T R A C T O R T O F I E L D V E R I F Y EX I S T I N G G A S M A I N L O C A T I O N AND S I Z E P R I O R T O C O N S T R U C T I O N . ST R U C T U R A L N O T E S MA X I M U M BU I L D I N G HE I G H T 35 F E E T F O R A P R I N C I P L E B U I L D I N G , 18 F E E T F O R A N A C C E S S O R Y B U I L D I N G SIT E T A K E - O F F S TO T A L L O T = RE S I D E N C E = PO R C H E S = GA R A G E S = BA R N = PO O L = PO O L D E C K = 574 , 3 6 4 S F 17, 5 6 7 S F 705 S F 2,0 6 5 S F 5,0 0 0 S F 1,0 0 0 S F 10, 7 3 3 S F LA N D D E S C R I P T I O N A P A R T O F T H E E A S T H A L F O F T H E S O U T H E A S T A N D N O R T H E A S T Q U A R T E R S O F S E C T I O N 1 0 , T O W N S H I P 1 7 N O R T H , R A N G E 3 EA S T I N H A M I L T O N C O U N T Y , I N D I A N A , T H I S D E S C R I P T I O N T A K E N F R O M I N S T R U M E N T N U M B E R 2 0 1 9 0 4 7 8 5 9 , M O R E PA R T I C U L A R L Y D E S C R I B E D A S F O L L O W S : BE G I N N I N G A T T H E S O U T H W E S T C O R N E R , E A S T H A L F , N O R T H E A S T Q U A R T E R ( I R O N P I P E F O U N D 4 . 2 F E E T N O R T H ) ; T H E N C E NO R T H 0 0 D E G R E E S 2 2 M I N U T E S 3 3 S E C O N D S E A S T ( B E A R I N G A S S U M E D F R O M I N D I A N A S T A T E P L A N E E A S T Z O N E A N D S E A GR O U P P R O J E C T # R 1 8 - 4 5 4 2 , F I E L D W O R K C O M P L E T E D J A N U A R Y 1 7 , 2 0 1 9 ) A L O N G T H E W E S T L I N E T H E R E O F 6 8 5 . 8 2 F E E T ; TH E N C E S O U T H 0 0 D E G R E E S 4 2 M I N U T E S 3 3 S E C O N D S W E S T P A R A L L E L W I T H T H E E A S T L I N E O F S A I D H A L F Q U A R T E R SE C T I O N 5 4 5 . 4 8 F E E T T O T H E S O U T H L I N E O F S A I D H A L F N O R T H E A S T Q U A R T E R S E C T I O N ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 MIN U T E S 1 6 S E C O N D S W E S T A L O N G T H E S O U T H L I N E T H E R E O F 1 1 5 . 7 5 F E E T ; T H E N C E S O U T H 0 0 D E G R E E S 1 0 M I N U T E S 3 2 SE C O N D S E A S T A L O N G T H E W E S T L I N E O F R E A L E S T A T E D E S C R I B E D I N I N S T R U M E N T N U M B E R 2 0 1 8 - 3 6 1 2 6 " M A H V A S H , - K LL C " 2 9 4 . 8 9 F E E T ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 M I N U T E S 1 6 S E C O N D S W E S T P A R A L L E L W I T H S A I D N O R T H L I N E 5 4 8 . 1 8 FE E T T O T H E E A S T L I N E O F C E D A R P O I N T S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 6 , P A G E S 1 3 1 - 1 3 2 I N T H E O F F I C O F T H E RE C O R D E R , H A M I L T O N C O U N T Y , I N D I A N A ; T H E N C E N O R T H 0 0 D E G R E E S 2 7 M I N U T E S 1 6 S E C O N D S E A S T A L O N G S A I D E A S T LIN E A N D T H E N O R T H E R L Y E X T E N S I O N T H E R E O F 2 9 4 . 9 0 F E E T T O T H E N O R T H L I N E O F S A I D E A S T H A L F , S O U T H E A S T QU A R T E R ; T H E N C E S O U T H 8 9 D E G R E E S 5 3 M I N U T E S 1 6 S E C O N D S W E S T A L O N G T H E N O R T H L I N E T H E R E O F 8 . 7 4 F E E T T O T H E PO I N T O F B E G I N N I N G , C O N T A I N I N G 1 3 . 1 8 6 A C R E S , M O R E O R L E S S . 4' 1' OPE N G R A D E D S T O N E WR A P P E D I N N O N - W O V E N GEO T E X T I L E F A B R I C 6" U N D E R D R A I N 2' E N G I N E E R E D S O I L (SE E T A B L E ) NAT I V E V E G E T A T I O N 5 1 5 1 133 ' ± LIM I T S O F DIS T U R B E D A R E A LIM I T S O F DIST U R B E D A R E A LIM I T S O F DIS T U R B E D A R E A LIM I T S O F DIS T U R B E D A R E A LIM I T S O F DIST U R B E D A R E A DIS T U R B E D A R E A C A L C S DIS T U R B E D A R E A = 328 , 9 4 8 S F o o o o o o o o oCR O S S S E C T I O N "A " - " A " N.P . = 8 0 0 . 0 0 LA K E # 1 LA K E BO T T O M = 7 8 6 . 0 0 31 EL E V . = 7 9 8 . 0 0 T.O . B . E L E V . = 8 0 3 . 0 0 31 ELE V . = 7 9 8 . 0 0 51 10 Y E A R E L E V . = 8 0 0 . 8 2 10 0 Y E A R E L E V . = 8 0 1 . 6 7 T.O . B . E L E V . = 8 0 3 . 0 0 51 10' 10 ' 4' 1' OPE N G R A D E D S T O N E WRA P P E D I N N O N - W O V E N GEO T E X T I L E F A B R I C 6" U N D E R D R A I N 2' E N G I N E E R E D S O I L (SE E T A B L E ) 5 1 5 1 70' ± EL E V . = 8 0 2 . 0 0 ELE V . = 8 0 2 . 0 0 ELE V . = 8 0 1 . 9 0 T.O . B . E L E V . = 8 0 4 . 0 0 T.O . B . E L E V . = 8 0 3 . 0 0 T.O . B . E L E V . = 8 0 4 . 0 0 T.O . B . E L E V . = 8 0 4 . 0 0 NAT I V E V E G E T A T I O N ELE V . = 8 0 2 . 0 0 EL E V . = 8 0 2 . 0 0 EL E V . = 8 0 1 . 9 0 Is t h e p r i m a r y w a t e r q u a l i t y t r e a t m e n t f o r t h e d e v e l o p m e n t a s p l a n n e d i n t h e M a s t e r P l a n - NO IfNO , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n p e r B M P ( O n l y f o r B M P ' s w i t h v e g e t a t i v e s w a l e r e q . ) : *L e n g t h o f v e g e t a t e d s w a l e t r e a t m e n t ( f r o m d i s h a r g e p o i n t t o o u t l e t p i p e ) - N / A *M i n i m u m l e n g t h o f v e g e t a t e d s w a l e t r e a t m e n t a s r e q u i r e d b y t h e M a s t e r P l a n - N/A Is t h e p r i m a r y w a t e r q u a n t i t y t r e a t m e n t f o r t h e d e v e l o p m e n t a s p l a n n e d i n t h e M a s t e r P l a n - NO *If YE S , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n : To t a l M a s t e r P l a n c o n t r i b u t i n g w a t e r s h e d = N/A A c . To t a l W a t e r s h e d C u r r e n t l y B u i l t ( o r A p p r o v e d ) c o n t r i b u t i n g t o t h i s s y s t e m = N/A A c . To t a l w a t e r s h e d f r o m N/A c o n t r i b u t i n g t o t h e s y s t e m = N/A A c . To t a l w a t e r s h e d a v a i l a b l e i n t h e s y s t e m p o s t - p r o j e c t = N/A A c . Is t h e e n t i r e B M P t r e a t m e n t t r a i n t o a n o u t l e t p o i n t b e i n g c o n s t r u c t e d w i t h t h i s s e c t i o n - YE S IfNO , p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n : Det e n t i o n B a s i n s B M P ' s C o n s t r u c t e d w i t h t h i s s e c t i o n . ( S e e B M P p o n d d a t a t a b l e - t h i s s h e e t ) - N/A 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