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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 09-18-24Board of Public Works and Safety Meeting Agenda Wednesday, September 18, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the September 4, 2024, Regular Meeting 2.BID OPENINGS AND AWARDS a.Bid Award for 21-SW-03 Orchard Park Drainage Improvement; Brad Pease, Director of Engineering b.Bid Opening for 24-STR-06 Concrete Road Maintenance; Matt Higginbotham, Street Commissioner 3.TABLED ITEMS a.Request for Restricted Parking Spaces; Tre on Main-41 N. Rangeline Road; Justin Harbin, Tier One Valet TABLED ON 05-01-24 b.Petition for Alley/Street Vacation; Carmel Library Property; Christine Altman, Property Owner TABLED ON 09-04-24 4.CONTRACTS a.Request for Purchase of Goods and Services; Jack Laurie Group; ($78,540.00); Refinish of Floors at Three Fire Stations; Fire Chief Joel Thacker, Carmel Fire Department b.Request for Purchase of Goods and Services; Axon Enterprise, Inc; ($90,940.33); Axon Equipment; Additional Services Amendment; Chief Drake Sterling, Carmel Police Department c.Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($1,763,000.00); 21-SW-03-Orchard Drainage Improvements; Brad Pease, Director of Engineering d.Request for Purchase of Goods and Services; Howard Companies; ($100,750.55); 23- STR-02 Paving; CO #1; Matt Higginbotham, Street Commissioner e.Request for Purchase of Goods and Services; Howard Companies; ($555,957.78); 23- STR-01 Paving; CO #6; Matt Higginbotham, Street Commissioner f. Request for Purchase of Goods and Services; Engledow, Inc.; ($60,000.00); Installing Decorations; Additional Services Amendment; Matt Higginbotham, Street Commissioner g. Request for Purchase of Goods and Services; Howard Asphalt, LLC d/b/a Howard Companies; ($94,288.76); 24-STR-05 Crack Seal; Matt Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; National Pavement Maintenance LLC; ($92,140.00); Liquid Road Project; Matt Higginbotham, Street Commissioner 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Civic Square Fountain Area; Civil Wedding Ceremony; September 6, 2025; 1:00 PM to 4:00 PM; Emma Paris b. Request to Use/Close City Streets; Annual Neighborhood Street Party; September 21, 2024; 5:00 PM to 10:00 PM; Nichole Kammers, Cool Creek North HOA c. Request to Use/Close City Streets; Carmel Porchfest; September 21, 2025; 8:00 AM to 7:00 PM; Sondra Schwieterman, Carmel Porchfest, Inc. 6. OTHER a. Request for Water Line Easement Agreement; Fehsenfeld Land Holdings, LLC; 11335 N. Michigan Road, Carmel, IN; John Duffy, Director of Utilities b. Request for Water Line Easement Agreement; Michigan Road MutliFamily Partners, LLC; N. Michigan Road, Carmel, IN; John Duffy, Director of Utilities c. Request for Right of Way Dedication; 11297 Pennsylvania Street; Property Owners d. Request for Grant of Perpetual Stormwater Quality Management Easement; Cherry Tree Elementary Softball Field; Carmel Clay Schools e. Request for Consent to Encroach; 13980 Brookstone Drive; Property Owners f. Uniform Conflict of Interest Disclosure Statement; Joel M. Thacker g. Resolution BPW 09-18-24-01; 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 Detective William Eugene Haymaker; 33 years of Meritorious Service; Chief Drake Sterling, Carmel Police Department 7. ADD-ONS 8. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, September 4, 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 Potasnik called the meeting to order at 10:01 AM 10 11 MEMBERS PRESENT 12 13 Board Members James Barlow and Alan Potasnik. City Clerk Jacob Quinn and Jessica Dieckman are 14 also present. 15 MINUTES 16 Minutes from the August 21, 2024, Regular Meeting. Board Member Barlow moved to approve. Board 17 Member Potasnik seconded. Minutes approved 2-0. 18 BID OPENINGS AND AWARDS 19 Bid Opening for 2025 Rock Salt for Drinking Water Softening 20 Board Member Barlow opened the bids and Board Member Barlow read them aloud: 21 Contractor Bid 22 23 Compass Minerals $136.58 per ton 24 Midwest Salt $23.48 per ton 25 TABLED ITEMS 26 Request for Restricted Parking Spaces; Tre on Main-41 N. Rangeline Road; TABLED ON 05-01-24 27 REMAINS TABLED 28 29 Resolution BPW 08-21-24-01; Authorizing City Chief Infrastructure Officer to Approve or Modify 30 Certain Right-of-Way Permits on the Board’s Behalf; TABLED ON 08-21-24; Board Member Potasnik 31 moved to take the request from the table. Board Member Barlow seconded 2-0. Sergey Grechukhin, 32 Corporation Counsel, briefly speaks about this limited grant of approval, which only affects Carmel 33 City Code 6-227D, 8-65, 9-46; those sections list specific permits that BPW currently approves. They 34 include right-a-way cuts/excavations, waterworks systems installations, sidewalks, public places 35 cuts/excavations, construction or repair on driveways, etc. This does not include permit consent to 36 encroachment, easements, vacations, and commercial driveway cuts. A bi-monthly report will be 37 provided to the Board of Public Works on any items that were granted. This is a common practice in 38 most cities. There is also the right to an appeal, so if the Chief of Infrastructure denies a request, an 39 appeal can be submitted to the Board of Public Works. Board Member Barlow moved to approve. 40 Board Member Potasnik seconded. Resolution approved 2-0. 41 42 43 CONTRACTS 44 Request for Agreement of Professional Services; Engineering Resources, Inc; ($94,500.00); 24-01-45 116th Street Trail from Washington Blvd to Fulham Street; Board Member Barlow moved to approve. 46 Board Member Potasnik seconded. Request approved 2-0. 47 48 REQUEST TO USE CITY STREETS/PROPERTY 49 50 Request to Use/Close City Streets; 13TH Annual Brookshire 500 Lawnmower Race and Fundraiser; 51 September 21, 2024; 8:00 AM to 11:30 PM; Board Member Barlow moved to approve. Board Member 52 Potasnikl seconded. Request approved 2-0. 53 54 Request to Use Civic Square Fountain Area, Civic Square Gazebo and Lawn, and Use/Close City 55 Streets; Special Request to Use Electricity and Foutain Restrooms; 9th Annual Brain Bolt 5k; October 56 5, 2024; 4:30 AM to 1:00 PM; Board Member Barlow moved to approve. Board Member Potasnik 57 seconded. Request approved 2-0. 58 59 Request to Use/Close City Streets; Annual Boo’n Brew Fall Festival; October 19, 2024; 6:00 AM to 60 9:00 PM; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 61 approved 2-0. 62 63 Request to Use/Close City Streets; Brand Launch for City Employees; October 22 through 24, 2024; 64 7:30 AM to 4:30 PM; Board Member Barlow moved to approve. Board Member Potasnikl seconded. 65 Request approved 2-0. 66 67 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Shake It 68 Off Fest; November 2, 2024; 8:00 AM to 6:00 PM; Board Member Barlow moved to approve. Board 69 Member Potasnik seconded. Request approved 2-0. 70 71 OTHER 72 73 Sergey Grechukhin, Corporation Counsel, briefly speaks regarding the DORA Applications being 74 presented to the Board today. The City Council has passed a designated refreshment ordinance that 75 allows the consumption of alcoholic beverages. As part of the next step of approvals, we collected the 76 applications from the vendors that would like to participate in the DORA District. Sergey presents a 77 map to the Board on the DORA District that was approved by the Council and also shows the vendors 78 who have submitted a DORA Application. The Tobacco and Alcohol Commission requires this form. 79 So once the Board approves these, they will be forwarded to the ATC. The areas will have signs 80 showing where the DORA areas are approved. 81 82 Request for DORA Designation; 101 Beer Kitchen; Board Member Barlow moved to approve. Board 83 Member Potasnik seconded. Request approved 2-0. 84 85 Request for DORA Designation; Anthony’s Chophouse and 3UP; Board Member Barlow moved to 86 approve. Board Member Potasnik seconded. Request approved 2-0. 87 88 Request for DORA Designation; Bazbeaux; Board Member Barlow moved to approve. Board Member 89 Potasnik seconded. Request approved 2-0. 90 91 Request for DORA Designation; Fork and Ale House; Board Member Barlow moved to approve. 92 Board Member Potasnik seconded. Request approved 2-0. 93 94 Request for DORA Designation; Hannami Sushi and Sake Bar; Board Member Barlow moved to 95 approve. Board Member Potasnik seconded. Request approved 2-0. 96 97 Request for DORA Designation; Hotel Carmichael; Board Member Barlow moved to approve. Board 98 Member Potasnik seconded. Request approved 2-0. 99 100 Request for DORA Designation; Monterey Coastal Cuisine; Board Member Barlow moved to approve. 101 Board Member Potasnik seconded. Request approved 2-0. 102 103 Request for DORA Designation; Muldoon’s; Board Member Barlow moved to approve. Board 104 Member Potasnik seconded. Request approved 2-0. 105 106 Request for DORA Designation; Penn & Beech Candle Co.; Board Member Barlow moved to approve. 107 Board Member Potasnik seconded. Request approved 2-0. 108 109 Request for DORA Designation; Savor Restaurant; Board Member Barlow moved to approve. Board 110 Member Potasnik seconded. Request approved 2-0. 111 112 Request for DORA Designation; Social Cantina; Board Member Barlow moved to approve. Board 113 Member Potasnik seconded. Request approved 2-0. 114 115 Request for DORA Designation; The Goat; Board Member Barlow moved to approve. Board Member 116 Potasnik seconded. Request approved 2-0. 117 118 Request for DORA Designation; Wine and Rind; Board Member Barlow moved to approve. Board 119 Member Potasnik seconded. Request approved 2-0. 120 121 Petition for Alley/Street Vacation; Carmel Library Property; TABLED 09-04-24 Board Member 122 Barlow moved this petition to the table. Board Member Potasnik seconded. Tabling approved 2-0. 123 124 Request for Stormwater Technical Standards Waiver; Cherry Tree Elementary Softball Field; Board 125 Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0. 126 127 Request for Consent to Encroach; 14406 Marsdale Place; Board Member Barlow moved to approve. 128 Board Member Potasnik seconded. Request approved 2-0. 129 130 Request for Sidewalk Closure; 571 Monon Blvd; Board Member Barlow moved to approve. Board 131 Member Potasnik seconded. Request approved 2-0. 132 133 ADD-ONS 134 135 ADJOURNMENT 136 137 Board Member Potasnik adjourned the meeting at 10:18 AM. 138 139 140 141 142 143 144 145 APPROVED: ____________________________________ 146 Jacob Quinn – City Clerk 147 148 149 _____________________________________ 150 Laura Campbell, Member 151 152 153 ATTEST: 154 __________________________________ 155 Jacob Quinn – City Clerk 156 157 158 Re: Valet Parking Plan Tre on Main 10 E Main St Carmel, IN 46032 To Whom It May Concern: We are seeking approval for a valet parking lane to serve the guests of Tre on Main. Map attached showing the proposed plan. Requested days and hours are: Tuesday – Thursday 4:45pm – 10pm, and Friday – Saturday 4:45pm – 11pm. In addition to any signage the city would install, we propose adding our own sign at the beginning of the valet lane, stating “No stopping or parking in this area”. Extra signage and proper training should allow us to keep traPic flowing. If traPic were to begin to back up towards Main Street, our team would be trained to instruct guests to circle the block and come back to the lane when it’s clear to pull in. Sincerely, Jus$n Harbin Tier 1 Valet | Carmel, IN P: 317.443.8144 E: jharbin@>er1valet.com W: >er1valet.com Jack Laurie Group CFD Department -2024 Appropriation #1120 43-501.00 Fund; P.O. #112573 Contract not to Exceed $78,540.00 27.IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28.ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 29.ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibitattached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Barlow, Presiding Officer Date: ---------- Laura Campbell, Member Date: ---------- Alan Potasnik, Member Date: ---------- ATTEST: Jacob Quinn, Clerk Date: ---------- 6 JACK LAURIE GROUP By: Authorized Signature Todd Houchin Printed Name Project Manager Title FID/TIN: 27-1567831 Date: 09/05/2024 Station 341: $27,780 Station 342: $26,020 Station 346: $26,020 Station 346 Alternate Area (not an additional mobilization): $2,970 Polished Concrete in 2 phases per station, vinyl base replacement where existing. 3 Station Group Total: $78,540 Class B, Level 3 polished concrete Aggregate exposure will vary Includes working normal business hours, non-union labor Includes using propane powered equipment Includes 1 mobilization only per station Docusign Envelope ID: 4O018O3A-B 104-42C7-9E4F-CAC902070E2E Axon Enterprise, Inc. Police Department -2024 Appropriation #1110-44-670.99 Fund; P.O. #110538 and #111377 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES ("Agreement") entered into by and between the City of Carmel and Axon Enterprise, Inc. (the "Vendor"), as City Contract dated December 7, 2022 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Barlow, Presiding Officer Date: ----------- Laura Campbell, Member Date: ----------- Alan Potasnik, Member Date: ----------- ATTEST: Jacob Quinn, Clerk Date: ----------- Axon Enterprise, Inc. Authorized Signature Robert Driscoll Printed Name Deputy General counsel Title 86-0741227 FID/TIN: _________ _ 9/9/2024 I 12:10 PM MST Date: ------------- CzTfshfzHsfdivlijobu3;15qn-Tfq22-3135 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 2 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 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 3 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 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. 4 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 5 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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. 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 6 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 7 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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. 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 8 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 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 9 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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: Calumet CivilContractors, Inc. 4898 Fieldstone Drive Whitestown, Indiana 46075 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 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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 Calumet Civil Contractors, Inc. Engineering Department Name - 2024 Appropriation #2200 21143-509.00 & 220025043-509.00CUMCapDevelopment Fund & StormWaterFund; P.O. #112618 Contract NotToExceed $1,763,000.00 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. 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: _____________________________ Engledow, Inc. Street Department -2024 Appropriation #1206-43-509.00 Fund; P.O. #112577 Contract Not To Exceed $60,000.00 APPROVED By Allison Lynch-McGrath at 10:10 am, Aug 30, 2024 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES ("Agreement") entered into by and between the City of Carmel and Engledow, Inc., (the "Vendor"), as City Contract dated February 5, 2020 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Barlow, Presiding Officer Date: ---------- Laura Campbell, Member Date: ---------- Alan Potasnik, Member Date: ---------- ATTEST: Jacob Quinn, Clerk Date: ---------- Engledow, Inc. By: Authorized Signature Todd Engledow Printed Name Exec Chairman Title FID/TIN: 35-1066915------------ 08/29/2024 Date: ------------- CityofCarmel Street Department Quote Request forService Installing Decorations toCarmel Holiday Market DatesofService: thInstallationtobecompletedbyMondayNovember13, 2024. ndthRemovalofdecorationtobebetweenJanuary2andJanuary15, 2025. Useattached 2021depiction toaidinlayout. Please notesomechanges inhutlocation between 2021 and 2024. A2023 depiction isalsoprovided toassist inlayoutdesign. Newfor2024 ishighlighted. Location ofService: 1Carter Green, Carmel, IN46032 Materials forService: Allmaterial willbeprovided bytheCity ofCarmel Street Department. Details ofDecoration: A. Light Post (28) 1. Wrap eachlightpostwithapproximately 30linear feetoffreshFraser FirRopeGarland. 2. Wrap eachlight post with 2strands of70M5WarmWhite LEDChristmas Lights, 4" Spacing, 24’ length. Light strings shall followrope garland. 3. Ornaments B. Bollards (49) 1. Wrap eachbollard withapproximately 12linearfeetoffresh Fraser FirRopeGarland. 2. Wrap eachbollard with1strandof70M5Warm WhiteLEDChristmas Lights, 4" Spacing, 24’ length. Light strings shallfollow rope garland. C. Christkindl Market Buildings (51) 1. Linethefront andsides (nottheback) oftheroof lineswithapproximately 55linear feet offreshFraser FirRopeGarland. 2. Linethefrontandsides oftherooflineswith 1strand ofGlobe String Lights, G50Bulb, 50Ft. GreenC7Strand, Warm White. Light string shallfollow rope garland. 3. Fillthefrontgable with approximately 60linearfeetoffresh Fraser FirGarland 4. Fillthefront gablearea with approximately 3strands of70M5WarmWhite LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang1freshFraser FirWreath persides (notfrontandback) ofbuilding exposed to pedestrian view. 6. Swagger approximately 6linear feetoffresh Fraser FirGarland Rope underneath wreath perside ofbuilding. 7. Swagger 1strandof70M5WarmWhite LEDChristmas Lights, 4" Spacing, 24’ length. Lightstring shallfollow ropegarland. D. Christkindl Skate RentalBuilding & KidsActivity Center & Grill Hut (3) 1. Line the frontandsidesandbackoftherooflineswithapproximately 85linearfeetof fresh FraserFirRope Garland. 2. Line thefront andsides ofthe roof lineswith 2strands ofGlobeString Lights, G50 Bulb, 50Ft. GreenC7Strand, Warm White. Light strings shallfollow ropegarland. 3. Fillthefrontgable with approximately 60linearfeetoffresh Fraser FirGarland 4. Fillthefront gablearea with approximately 3strands of70M5WarmWhite LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang7fresh Fraser FirWreaths (2oneachside and3onthefront) ofSkate Rental Building. 6. Swagger approximately 42linearfeetoffresh FraserFirGarland Rope (approximately 6’ underneath eachwreath). 7. Swagger 3strands of70M5 Warm White LEDChristmas Lights, 4" Spacing, 24’ length. Lightstrings shallfollowrope garland. E. Christkindl Zamboni Rental Building (1) 1. Linethefront andsides (nottheback) oftheroof lineswithapproximately 55linear feet offreshFraser FirRopeGarland. 2. Linethefrontandsides oftherooflineswith 1strand ofGlobe String Lights, G50Bulb, 50Ft. GreenC7Strand, Warm White. Light string shallfollow rope garland. 3. Fillthefrontgable with approximately 60linearfeetoffresh Fraser FirGarland 4. Fillthefront gablearea with approximately 3strands of70M5WarmWhite LED Christmas Lights, 4" Spacing, 24’ length. 5. Hang 6fresh Fraser FirWreaths (2oneachsideand3onthefront) ofZamboni Building. 6. Swagger approximately 36linearfeetoffresh FraserFirGarland Rope (approximately 6’ underneath eachwreath). 7. Swagger 2strands of70M5 Warm White LEDChristmas Lights, 4" Spacing, 24’ length. Lightstrings shallfollowrope garland. 8. Hang4 - 20" LED 18PointSnowflake onaccordion building doors. Donotinterfere with dooroperation. F. Werkstatt Souvenir hut (Similar toFirst Aidhut)- newfor2024 1. 8’ x12’, withadoor intheback 2. Larger window/setofdoors that open upinthefront, windows ontheside G. Nursing Station 1. 6’ x12’ hutwith awallinbetween twohalves- newfor2024 H. IceRink Perimeter 1. Swagger approximately 540linearfeetoffresh Fraser FirRope Garland around outside perimeter ofglassoficeskating rink. Keep handrailclear. 2. Swagger approximately 23strands of70M5Warm White LEDChristmas Lights, 4" Spacing, 24’ length. Light strings shall followrope garland. I. Temporary Decorative Screening Fence Between Buildings 1. Hang 26freshFraser FirWreaths distributed evenly throughout themarket onfencing facingpedestrian view. 2. Swagger approximately 300linear feetoffreshFraser FirRope Garland underneath each wreath andtoedges offence. Connect swagger around corners whenpossible. 3. Swagger approximately 13strands of70M5Warm White LEDChristmas Lights, 4" Spacing, 24’ length. Light strings shall followrope garland. J. Portable EventFencing (6) 1. Swagger approximately 36linearfeet offresh Fraser FirRope Garland onsideoffence facingicerinkforeach24’ longpieceofeventfence. Keephandrailclear. 2. Swagger approximately 2strands of70M5Warm White LED Christmas Lights, 4" Spacing, 24’ lengthforeach 24’ longpiece ofeventfence. Lightstrings shallfollow rope garland. K. Oak Trees ontheGreen (32) 1. Decorate the32oaktrees ontheGreen withstrandof70M5WarmWhiteLED Christmas Lights, 4" Spacing, 24’ length. Attach strands fromtheground; topstrands usethe boomtruck. 16treereceptacle stakes areusedforthetreesdirectly adjacent totheCenter Green. Plug LEDmini lights onthese 16treeswith male-endsatbaseoftree. Ziptielightsto baseoftreeand wrap lights incircles aroundbase (3inch spacing between rings). Forthe16 trees ontheoutersideofthecrushed pathway, wrapthetrees withthefemale-ends atthebase ofthetree. Attach all6strands tothetree. Thebucket truckisneededtocomplete thetopofthe tree. Thebucket truckalsoneedstoplug the 20’ gray extension cordfrom thetopofonetree to thetopofthesecond tree. Besuretocheck plugs somaleendisplugged intoelectrical plugat bollards Use32 - 15” blackziptiestosecurelightstotrunk oftrees. L. Monon Greenway Border 1. AlongtheMonon, thereis523’ ofthefollowing pattern: PLANTER BOX; PICKET FENCE; PLANTER BENCH; PICKET FENCE. There willbe20groups ofthispattern, and the total pattern lengthisestimated at26’ 6”. Theplanter boxes will5’ 3” longwith3arborvitae bushes inthem. Theplanter benches willnotgetdecoration. Thepicket fences will be8’ long andgetliveevergreen garland decoration. M. Decking areanearGluwein HutandPavilion- Extension towards amphitheater added in2024 1. Decking areaonEastsideofCarter green 2. Whole perimeter tohave120pyramidal boxwoods 3. Perimeter ofstagewithin pavilion tohave20globe boxwoods onfrontedge EXECUTION: 1.2 INSTALLATION thA. Holiday decorations shall beinstalled beforeNovember 18, 2024. Alllightsshallbetested prior tothisdateandreplaced whereneeded. B. Exactlocations ofelements suchaswreaths, treesandgarland shallbeapproved byCarmel Street Department. Schedule meeting foradjustments withCarmel StreetDepartment aminimum of1 week priortocompletion. ndC. Contractor shall remove garland fromlightposts andbollards afterJanuary 2 and beforeJanuary th15. Stringlightsshall remain onlight postsandbollards untiltheremoval ofthetemporary ice skating rink. String lights shallberemoved fromlightposts andbollards andstoredwithcompany performing work. D. Freshcutgarland ropeandwreaths onChristkindl Market buildings andtemporary decorative ndfenceshallberemovedanddisposedofafterJanuary2 andbefore January 15. String lights around garland shallbestored withcompany performing work. ENDOFSPECIFICATIONS Page1of1INDIANARETAILTAXEXEMPT CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT112577 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 8/27/2024358653 ENGLEDOW, INC StreetDepartment VENDORSHIP1100E116THST 3400 W. 131stStreet TO Carmel, IN 46074- CARMEL, IN 46032 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 91049 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-509.00 1EachInstalling Decorations$60,000.00$60,000.00 SubTotal 60,000.00 SendInvoiceTo: Street Department 3400 W. 131stStreet Carmel, IN 46074- 317) 733-2001 PLEASEINVOICEINDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 60,000.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 112577 CONTROLLER CzTfshfzHsfdivlijobu3;63qn-Tfq1:-3135 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 forfinalpayment. 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 Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 2 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 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 3 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 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. 4 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 5 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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. 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 6 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 7 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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. 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 8 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 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 9 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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 220143-502.02MotorVehicle Highway Fund; P.O. #112557 Contract NotToExceed $94,288.76 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. Page1of1INDIANARETAILTAXEXEMPT CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT112557 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 8/21/2024372681 HOWARD COMPANIES StreetDepartment VENDORSHIP2916KENTUCKYAVE 3400 W. 131ST Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46221 - MattHigginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 90907 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-502.02 1Each 24-STR-05Crack Seal$94,288.76$94,288.76 SubTotal 94,288.76 SendInvoiceTo: Street Department 3400 W. 131stStreet Carmel, IN 46074- 317) 733-2001 PLEASEINVOICEINDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 94,288.76PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 112557 CONTROLLER CzBmmjtpoMzodi.NdHsbuibu4;4:qn-Bvh41-3135 National Pavement Maintenance LLC Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112524 Contract NotToExceed $92,140.00 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 and hold harmless City and itsofficers, officials, agents and employees fromallclaims andsuits ofwhatever type, including, butnotlimited to, allcourtcosts, attorney fees, and other expenses, caused byany act oromission ofVendor and/orof anyofVendor’sagents, officers, employees, contractors orsubcontractors intheperformance ofthisAgreement. These indemnification obligations shall survive thetermination ofthisAgreement. 2 National Pavement Maintenance LLC Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112524 Contract NotToExceed $92,140.00 10. GOVERNMENT COMPLIANCE: Vendor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which maybeapplicable toVendor’sperformance ofitsobligations under this Agreement, andallrelevant provisions thereof areincorporated herein by this reference. Vendor agrees to indemnify andholdharmless 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 allof itsofficers, 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, 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, theCitymay require acure ofsuchviolation and thereafter, ifnotimely cure isperformed, terminate thisAgreement inaccordance witheither the provisions 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 National Pavement Maintenance LLC Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112524 Contract NotToExceed $92,140.00 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 Street Department Office ofCorporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 IftoVendor: National Pavement Maintenance LLC 1928NCampbell Avenue Indianapolis, Indiana 46218 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslong as written notice isthenprovided 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 beentitled toreceive onlypayment fortheundisputed invoice amount ofconforming Goods andServices delivered asofthedate oftermination, except that such payment amount shall notexceed the Estimate amount ineffect atthe time 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 havethe authority 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 National Pavement Maintenance LLC Street Department - 2024 Appropriation #2201 220143-502.02MotorVehicle Highway Fund; P.O. #112524 Contract NotToExceed $92,140.00 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, this Agreement shall beineffect from the Effective Date through thesatisfactory completion of services and/ordelivery andacceptance ofgoods contracted forherein. 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 for debarment, 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 orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Vendor. 26.2 TheVendor certifies thatithas verified thestate andfederal suspension anddebarment status forall 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 legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame 5 Z/Z :J0�8DI �:Jl:I/AJWO::>·a1dW!S8::l!OAU!"dde11:sdJ:II.I National Pavement Maintenance LLC StreetDepartment-2024 Appropriation #2201 2201 43-502.02 Motor Vehicle Highway Fund; P.O. #I 12524 Contract Not To Exceed $92,140.00 freely, voluntarily, and without any duress, undue influence or coercion. 29.ENTIRE AGREEMENT:This Agreement, together with any exhibits attadled hereto or referenced herein, constitutes the entireagreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Barlow, Presiding Officer Date: ---------- Laura Campbell, Member Date: ---------- Alan Potasnik, Member Date: ---------- ATTEST: Jacob Quinn, Clerk Date: ---------- 6 691701S3 8lBW!lS3 -:)11 WWd IBUO!lBN National Pavement Maintenance LLC By: .5bv��cv.-_ Authorized Sighature Printed Name Title 7 FIDfTIN: � 3-{t(p J01L{- Date: -�-f 1J-_q_/-=--�""'--· :)_L{ _____ _ WV gg:g 'vZ/8/8 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 Page1of1INDIANARETAILTAXEXEMPT CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT112524 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 8/14/2024377227 NATIONAL PAVEMENT MAINTENANCE LLC StreetDepartment VENDORSHIP1928NCAMPBELLAVE 3400 W. 131ST Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46218 - MattHigginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 90663 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-502.02 1EachLiquid Road Project$92,140.00$92,140.00 SubTotal 92,140.00 SendInvoiceTo: Street Department 3400 W. 131stStreet Carmel, IN 46074- 317) 733-2001 PLEASEINVOICEINDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 92,140.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 112524 CONTROLLER CITY OF CARMEL, INDIANA Information SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. The Event Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. 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 Date of request submission: 8-20-24Department Recommendations: MAC: STREETS: ENG: PARKS:CPD: CFD: Yes, 9/6/24 Yes, 9/9/24 Yes, 9/5/24 Yes, 9/9/24 N/A - no effect on Parks Yes, 9/10/24    Neighborhood Name/Streets to be closed Upload Map 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Type of Closure:Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Further Info for type of closure 3. SPECIAL REQUESTS: Requests:Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other City Services Needed Event Use/Purpose: Description of Event: Event Date Start*Event Date End* If multiple dates, please list Set-Up Time:*Tear Down Time:* 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 Civil Ceremony Provide a brief description of event A quick civil wedding ceremony with a group of 10-12 people total. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/6/2025 9/6/2025 1:00:00 PM 4:00:00 PM 4. CITY SERVICES NEEDED: Mark all that apply Event Start time:*Event End time:* 1:00:00 PM 4:00:00 PM Rehearsal NA Number of People Expected:*12 Fees?Will a Fee be charged for this event? If yes, please describe below. Yes No Fees (cont'd)Purpose of fee Non-refundable out of state request fee EVENT SET UP: Stage Vendors Organization Type:* Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other 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: Individual Contact Person*Emma Paris Email * Phone Number:* Cell Number: Name/Organization:Emma Paris Address Street Address Address Line 2 City State / Province / Region Cincinnati OH Postal / Zip Code Country 45213 United States Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Is the requestor a citizen of the City of Carmel? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Emma Paris Name of Organization/Applicant Signature of Authorized Agent/Applicant Emma Paris Printed Name and Title (If applicable) Phone Number (Required) Cincinnati, OH 45213 Address of Organization/Applicant 8/20/2024 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 ___________________________________ James Barlow, 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. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. 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    NOTE for BPW: Organizer is new to planning this event and is requesting an exception to the 60 day deadline. No city services are requested for this small neighborhood party. Date of request submission: 8-27-24Department Recommendations: MAC: Yes, 9/6/24 STREETS: Yes, 9/9/24ENG: Yes, 9/9/24 PARKS: N/A - no effect on Parks CPD: Yes, 9/5/24 CFD:Yes, 9/10/24 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Cool Creek North - Ironwood Court Include addresses as appropriate An easy to read, color map of the area is required with submission. Ironwood Court.JPG 51.77KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Street Part Closure 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start* Per the City of Carmel Special Event/Facility Use Policy, requests must be received at least 60 days prior to the event. Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:* Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Annual Street Party Provide a brief description of event Annual neighborhood Street Party to include music and social gathering. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/21/2024 9/21/2024 5:00:00 PM 10:00:00 PM 6:00:00 AM 10:00:00 PM NA 200 Will a Fee be charged for this event? If yes, please describe below. Yes No Vendors Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A 6. CONTACT INFORMATION: Nichole Kammers coolcreeknorth@gmail.com Cool Creek North HOA City Carmel State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address Ironwood Ct. Address Line 2 Non-Profit Organization Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Cool Creek North HOA Name of Organization/Applicant Signature of Authorized Agent/Applicant Kevin Sasena Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 8/27/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Barlow, 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. The Event Request Form must be submitted a minimum of 60 days prior to the planned date of the event or activity. 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 Sophia Square Restrooms, cleaned & open    Date of request submission: 8-27-24Department Recommendations:MAC: STREETS:ENG: PARKS:CPD: CFD: Date of request submission: 8-29-24Department Recommendations: MAC: Yes, 9/6/24 STREETS:Yes, 9/9/24ENG: Yes, 9/9/24 PARKS: N/A - no effect on Parks CPD: Yes, 9/5/24 CFD: Yes, 9/10/24 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: 1st Ave NW from 1st St. NW to 6th St. NW 2nd Ave NW from 1st St. NW to 3rd St. NW See Map Include addresses as appropriate An easy to read, color map of the area is required with submission. Carmel PorchFest 2023 Map.jpg 2.81MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades* No Parking Signs * Event Use/Purpose:* 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 Bike Parking Racks Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 10 Please note the number of NO PARKING SIGNS needed 60 5. EVENT DETAILS Carmel PorchFest is a free, family friendly event in the neighborhood north of the Arts & Design District. A variety of musical acts perform on neighborhood porches. Food and Beverage vendors attend as well. Description of Event:* Event Date Start*Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Provide a brief description of event Carmel PorchFest is a free, family-friendly community event where a variety of musical acts perform live on neighborhood porches in the Arts & Design District. Plenty of food and beverage vendors will be available. We host close to 60 bands on approximately 20 porches. Visit our website at www.carmelporchfest.org for more information. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/21/2025 9/21/2025 8:00:00 AM 7:00:00 PM 12:00:00 PM 6:00:00 PM NA 10,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10s Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Vendors Vendors Present* Contact Person* Email * Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. A Classic Name of Merchants(s) doing the setup 3172517368 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 Approximately how many vendors will be present? 10 6. CONTACT INFORMATION: Sondra Schwieterman Carmel PorchFest, Inc. 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: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: 11'!1'!11 � • .. •' 3rd ST NW Ill 2nd ST NW BAND HOSPITALITY 1st ST NW PUBLIC RESTROOMS 6th ST NW • ■ - ENTRYD ' ---------- 13iii4W ,•• Ill ' VOLUNTEER/ INFO TENT 1st ST NW - - SOPHIA SQUARE 5th ST NW 4th ST NW 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 PorchFest Inc./Carmel PorchFest Name of Organization/Applicant Signature of Authorized Agent/Applicant Sondra Schwieterman, Executive Director Printed Name and Title (If applicable) Phone Number (Required) Indpls, IN 46256 Address of Organization/Applicant 8/29/2024 Date City of Carmel Use Only Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Barlow, Presiding Officer Date: ______________________________ ___________________________________ Laura Campbell, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ Prior Deed Reference: Instrument No 2012-070077, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT /'A. /' ..f This w_ ater Line Easement Agreement (the "Agreement") i_s made and entered_ into t�is __ f9 __ datof---�e;p()�,e r , 2024�by7md�between-Feh�fetd-I::;and-Huklmgs�I:;I��n-Intlrnrra-hm1ted�1tabrht·�---company ("Grantor") and the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee"). RECITALS: A.Grantor is the owner of certain real property located at 11335 N. Michigan Road, Carmel,Indiana, in Hamilton County, Indiana ("Grantor's Property") more particularly described in Exhibit 1 attached hereto and incorporated herein. B.Grantee, in connection with Grantee's improvement/construction of certain water utility linefacilities (the "Project"), requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit B attached hereto and incorporated herein, (the "Easement Property") to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over, through, under, upon and across the Easement Property (the "Improvements"). NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive,perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing the Improvements through, under and across the Easement Property. All Improvements shall be located underground or on the surface of ( and, except for fire hydrants, not protruding above the surface of) such ground. Grantee shall have the right to remove from the Easement Property, without liability for replacement or repair (except as provided in paragraph 2 of this Agreement), any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth henning, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition of such easement. Grantee shall also have the right of ingress and egress over, upon and across the Grantor's Property for purposes of access to the Easement Property. The easement also includes the rights and privileges (i) to temporarily use, from time to time, additional space on the Grantor's Property, where available and necessary, for equipment and materials necessary for the installation, repair and maintenance of the Improvements located through, under or across the Easement Property, provided that such temporary use shall in all instances be subject to the reasonable approval of Grantor including, but not limited to, the location and periods of time of such use, and (ii) to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted. 2.Obligations of Grantee. Grantee shall maintain, repair, replace and service theImprovements. Subject to the location of the Improvements on the Easement Property, upon completion of Form as of August 26, 2020 1 the Project, Grantee shall repair, restore, and replace any damaged driveways, paths, sidewalks or parking areas on the Easement Property, and Grantee shall seed the affected portion of the Easement Property. Grantee shall not be obligated to restore any landscaping, trees, vegetation or similar items and shall have no other repair obligations other than as set forth herein. In the course of any work perfonned by Grantee pursuant to the rights granted it hereunder, Grantee shall (i) diligently pursue the completion of such work, __________ ii)�8-t:LCD111!Ilercially _______ rnasnnahle___rlforts,�m__minimize any disruption or interference with the use and conduct of business upon Grantor's Property, and (iii) except for emergencies involving the public health, safety or welfare, not unreasonably impair vehicular or pedestrian access to and through Grantor's Property. 3.Rights Retained by Grantor. Grantor shall retain unto itself the right to use the EasementProperty for any and all purposes and uses not inconsistent with the foregoing easement; provided, however, Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property (provided, however, that the erection or maintenance of driveways, curbing, asphalt or concrete paving, paths, sidewalks, parking areas or similar ---�· mproxements�shalLb�e�p�ermitte�d)�ocp�erform____any�acLwhLe___h__J..yould unreasonably: impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. 4.Obligations of Grantor. Grantor shall not install any fence, structure, or other improvements( other than those installed by Grantee and other than those permitted in this Agreement). Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 5.Easement and Covenants Appurtenant. The easement granted, created and made herein,together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. 6.Environmental Matters. To Grantor's knowledge, neither Grantor's Property nor theEasement Property is currently subject to or threatened with any environmental lien, written claim or proceeding. Gran tor agrees that between Gran tor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement unless caused by Grantee or Grantee's employees, agents, representatives and contractors; (ii) acts of Grantor or any other third party (other than Grantee's employees, agents, representatives and contractors); or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee or Grantee's employees, agents, representatives and contractors. 7.Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past,present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property. 8.Waiver. Waiver by either party of any one default hereunder will not be deemed to be awaiver of any other default under this Agreement. Any remedy or election under this Agreement will not Form as of August 26, 2020 2 be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 9.Amendment. Grantor and Grantee agree that this Agreement shall only be modified orreleased by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, ___ shalLrun_wlth__ihe_Grantor-'-s___Ero_perty_andJ:h_e__Eas_em_ent___Ero_pe_rt_)l�----------------- 10.Entire Agreement. This Agreement contains the entire agreement of the parties with respectto the subject matter hereof, and all prior agreements, communications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons (other than any mortgagee of the Grantor's Property) shall be necessary for such termination, modification, or amendment. ----�J. Go�erning Law.�This�AgrnemenLwill�he�gQ\Lerned_by_and���o�stnLeilin��ccordance�w�it=h�th=e�--­laws of the State of Indiana. Any litigation associated with or arising from this Agreement shall be filed with a court of competent jurisdiction within Hamilton County, Indiana. 12.Notice. Any and all notices, demands, requests, submissions, approvals, consents, or othercommunications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisions of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b)sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed deliveredtwo business days after deposit in such mails, or ( c) sent by personal delivery, in which case notice shall bedeemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective partiesas follows: If to Grantee: With a copy to: If to Gran tor: City of Carmel One Civic Square Carmel, Indiana 4603 2 Attn: Corporation Counsel City of Carmel 30 W. Main Street Suite 220 Carmel, Indiana 46032 Attn: Director of Utilities Fehsenfeld Land Holdings, LLC c/o: Fred Fehsenfeld, Jr. 4415 West 116th Street Zionsville, IN 46077 13.Severability. If any term, covenant, condition or provision of this Agreement or theapplication thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such tem1 or provision to persons or Form as of August 26, 2020 3 circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 14.Authority. The person(s) executing this instrument on behalf of Grantor hereby represent____ thaUhe'}'_hay_e_the_authority_to_bindGrantor_tQthe_terms_and_conditions_s__etiorthher_ein_and_thatallne_c_essar_)l ___ _ action therefore has been taken. Grantor further represents and warrants to Grantee that to Grantor's knowledge, Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; and that no approval of any other party is necessary for the granting of this Agreement or to the extent necessary has been obtained by Grantor. [Signature pages to follow] F01m as of August 26, 2020 4 IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreementas of the day and year first above written. STATE OF _:tno\\MPY ) ) SS:COUNTY OF \AOll'Y\·, H·o/l ) GRANTOR: FEHSENFELD LAND HOLDINGS, LLC By:Fd[�7-Printed: Fred Fehsenfeld, Jr.Title: President Before me, a Notary Public in and for said County and State, personally appeared Fred Fehsenfeld,Jr., an Authorized Signatory for Fehsenfeld Land Holdings, LLC and who having been duly swornacknowledged execution of the foregoing "Water Line Easement Agreement" for and on behalf of saidentity. Witness my hand and Notarial Seal this 1J_ day of �Ji{)!-eM�, 2024. My Commission N o./Expiration:�-1Y) o.ni L ···"Qt� l,'.)o{.ffYixc r�1?-0J...q Notary Publ My County of Residence:\.A om, \WI\ Form as of August 26, 2020 Printed ASHLEY MARIE MOTE Notary Public • Seal Hamilton County • State of lndltna Commission Number NP0649058 My Commission Expires Nov 13, 2029 5 GRANTEE: THE CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By:. ________________ _ James Barlow, Member Date: ---------------- By: _____________ _ Laura Campbell, Member ------------------I}ate�: ===============================-------------' By: ---------------- STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Alan Potasnik, Member Date: _______________ _ ATTEST: Jacob Quinn, City Clerk Date: _______________ _ Before me, a Notary Public in and for said County and State, personally appeared James Barlow, Laura Campbell, and Alan Potasnik, by me known to be members of the City of Carmel's Board of Public Works and Safety and Jacob Quinn, Clerk of the City of Carmel, who acknowledged execution of the foregoing Water Line Easement Agreement on behalf of the City of Carmel. Witness my hand and notarial seal, this ___ day of ________ , 2024. My Commission N o./Expiration: Notary Public My County of Residence: Printed Form as of August 26, 2020 6 This instrument was prepared by Jason A. McNiel, ICE MILLER LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jason A. McNielForm as of August 26, 2020 7 EXHIBIT A EXHIBIT B Easement Property (Depiction) DONNA NELSON, AS 'TRUSTEE U/A DTD OB 06 2002, DONNA NELSON AS S£171..0R INSTR. i/202DOJ8J91 NORTH IND/ANA STAT£ PLAN£ £AST ZONE' BEARINGS \ -��-\ \ \ P.O.B. NWCORNER LOT1 LINE TABLE LINE# DIRECTION L1 N 72·10•11• E L2 s 15·30•37• E L4 N 52·10•13• W L5 N 15·30'37" W LENGTH 15.00' 34.51' 4.87' 49.51' CURVE TABLE ---- <.n_ \ -\ WATER UNE EASEMENT 0. 142z ACRES \ \ \ L0T1 GRANTOR F£HS£NF£LO LANO HOLDINGS. LLC INS'TR. i/2012070077 CURVE # I RAO/US I DEL TA I LENGTH Cl I -,59_50• I 070•-,3• I 2.77' \ \ \ \ \ \ \ \ \ LOT2 \ \ \ \ --------- LOT2 \ \ \ \ \ \ \ \ \ Cf \ \ \ \ \ \ \ ) REFERENCE: This exhibit is based upon the Plot of The Edge at West Carmel by Civil &; Environmental Consultants, Inc., Project No. 311-804, recorded as Instrument No. 2024017284. P.O.B. -POINT OF BEGINNING SCALE IN FEET Civil & Environmental Consultants. Inc. 530 E.Ohio Street Suia, G Indianapolis. IN 46204 Ph: 317.655.nn www.cecinc..com �--0 80 REI INVESTMENTS, INC. EDGE AT WEST CARMEL 11335 N. MICHIGAN RD. CARMEL, INDIANA VARIABLE WIDTH WATER LINE EASEMENT ._o_RA_W_N_B_Y: ______ ..=EI..H=-c+=--· _·_BY_: _____ .:..:N.:..:R=B+AP_P_RO_v_E_D_BY_; ____ A:...:B=.S=-iEXHIBIT: DATE: AUGUST 13, 2024 DWG SCALE: 1 "=80' PROJECT NO: 311-804 1 0 F 2 Fonn as of August 26, 2020 10 160 Prior Deed Reference: Instrument No 2024017633, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT .c.:_ .I TlJ-is Water Line Easement Agreement (the "Agreement") is made and entered into this 6�ay of�t7)i2,,Jj.ll <' , 2024, by and between Michigan Road Multifamily Partners, LLC, an Indiana limited liability company ("Grantor") and the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee"). RECITALS: A. Grantor is the owner of certain real property located on N. Michigan Road, Carmel, Indiana,in Hamilton County, Indiana more particularly described in Exhibit 1 attached hereto and incorporatedherein ("Grantor's Property"). B. Grantee, in connection with Grantee's improvement/construction of certain water utility linefacilities (the "Project") requires a permanent, exclusive easement over, through, under, upon and acrossthat portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit Battached hereto ap.d incorporated herein, (the "Easement Property") to provide for the laying, installing,constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utilitylines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over, through, under,upon and across the Easement Property (the "Improvements"). _ __ ___ _ NOW, THEREFORE, for and in e_onsideration of the foregoing recitals which are incorporated�herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive,perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting,altering, repairing, replacing and removing the Improvements through, under and across the EasementProperty. All Improvements shall be located underground or on the surface of(and, except for fire hydrants,not protruding above the surface of) such ground. Grantee shall have the right to remove from the EasementProperty, without liability for replacement or repair ( except as provided in paragraph 2 of this Agreement), any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition ofsuch easement. Grantee shall also have the right of ingress and egress over, upon and across the Grantor's Property for purposes of access to the Easement Property. The easement also includes the rights andprivileges (i) to temporarily use, from time to time, additional space on the Grantor's Property, whereavailable and necessary, for equipment and materials necessary for the installation, repair and maintenanceof the Improvements located through, under or across the Easement Property, provided that such temporaryuse shall in all instances be subject to the reasonable approval of Grantor including, but not limited to, thelocation and periods of time of such use, and (ii) to do all acts and things requisite and necessary for the fullenjoyment of the easement hereby granted. 2. Obligations of Grantee. Grantee shall maintain, repair, replace and service the Improvements. Subject to the location of the Improvements on the Easement Property, upon completion of Form as of August 26, 2020 1 the Project, Grantee shall repair, restore, and replace any damaged driveways, paths, sidewalks or parking areas on the Easement Property, and Grantee shall seed the affected portion of the Easement Property. Grantee shall not be obligated to restore any landscaping, trees, vegetation or similar items and shall have no other repair obligations other than as set forth herein. In the course of any work perfonned by Grantee pursuant to the rights granted it hereunder, Grantee shall (i) diligently pursue the completion of such work, (ii)use commercially reasonable efforts, to minimize any disruption or interference with the use andconduct of business upon Grantor's Property, and (iii) except for emergencies involving the public health,safety or welfare, not unreasonably impair vehicular or pedestrian access to and through Grantor's Property. 3.Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement; provided, however, Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property (provided, however, that the erection or maintenance of driveways, curbing, asphalt or concrete paving, paths, sidewalks, parking areas or similar improvements shall be permitted) or perfotm any act which would unreasonably impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. -----------4.Obligations of Grantor. Grantor shall not install any fence, structure, or other improvements( other than those installed by Grantee and other than those permitted in this Agreement). Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 5.Easement and Covenants Appurtenant. The easement granted, created and made herein,together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. 6.Environmental Matters. To Grantor's knowledge, neither Grantor's Property nor theEasement Property is currently subject to or threatened with any environmental lien, written claim or proceeding. Gran tor agrees that between Gran tor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement unless caused by Grantee or Grantee's employees, agents, representatives and contractors; (ii) acts of Grantor or any other third party (other than Grantee's employees, agents, representatives and contractors); or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee or Grantee's employees, agents, representatives and contractors. 7.Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past,present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property. 8.Waiver. Waiver by either party of any one default hereunder will not be deemed to be awaiver of any other default under this Agreement. Any remedy or election under this Agreement will not Form as of August 26, 2020 2 be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 9.Amendment. Grantor and Grantee agree that this Agreement shall only be modified orreleased by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, shall run with the Grantor's Property and the Easement Property. 10.Entire Agreement. This Agreement contains the entire agreement of the parties with respectto the subject matter hereof, and all prior agreements, communications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons (other than any mortgagee of the Grantor's Property) shall be necessary for such termination, modification, or amendment. 11.Governing Law. This Agreement will be governed by and construed in accordance with thelaws of the State of Indiana. Any litigation associated with or arising from this Agreement shall be filed with a court of competent jurisdiction within Hamilton County, Indiana. 12.Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other----communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisions of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either ( a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, -�b) sent by-certified-or-regular-U.S,-mail,-postage_prepaid,_in :which_case_notice_shalLhe_deemed_delhr_er_e_dtwo business days after deposit in such mails, or ( c) sent by personal delivery, in which case notice shall bedeemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective partiesas follows: If to Grantee: With a copy to: If to Gran tor: With a copy to: Form as of August 26, 2020 City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Corporation Counsel City of Carmel 30 W. Main Street Suite 220 Carmel, Indiana 4603 2 Attn: Director of Utilities Michigan Road Multifamily Paitners, LLC c/o: Fred Fehsenfeld, Jr. 4415 West 116th Street Zionsville, IN 46077 REI Real Estate Services, LLC 11711 North Pennsylvania Street, Suite 200 Carmel, Indiana 46032 3 13.Severability. If any term, covenant, condition or provision of this Agreement or theapplication thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 14.Authority. The person(s) executing this instrument on behalf of Grantor hereby representthat they have the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. Grantor further represents and warrants to Grantee that to Grantor's knowledge, Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; and that no approval of any other party is necessary for the granting of this Agreement or to the extent necessary has been obtained by Grantor. [Signature pages to follow] Form as of August 26, 2020 4 IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. STATE OF :!ncl\OvlO.,.. ) ) SS: COUNTY OF U CAVH \ '\ofl ) GRANTOR: MICHIGAN ROAD MULTIFAMILY PARTNERS, LLC By:r�r�::u-Printed: Fred M. Fehsenfeld, Jr. Title: Authorized Signatory Before me, a Notary Public in and for said County and State, personally appeared Fred M. Fehsenfeld, Jr., an Authorized Signatory for Michigan Road Multifamily Partners, LLC and who having -------been-dul-y-sw0m-a0lrn0wledged-e-xecmtion-0f-the-foregoing---"-Water-6ine-Easement-Agreement-''-for-and-on---­behalf of said entity. Witness my hand and Notarial Seal this 1L. day of S.t(>tm�ef , 2024. --ix--Ay Commission No7Expiration: lJ\1f./M� \ �; ·W?J?t --eJkit?v1Ylcvti.t1 -.:fi'.lato-Notary PJglic My County of Residence: /:,f OVr1 ii ·1-\, ,'\..., Form as of August 26, 2020 ASHLEY MARIE MOTE Notary Public • Seal Hamilton County -State of lndttna Commission Number NP0649058 My Commission Expires Nov 13, 2029 Printed 5 -- ------------- --------- STATE OF INDIANA ) ) SS: COlJNTY OF HAMILTON ) GRANTEE: THE CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By:. _____________ _ James Barlow, Member Date: ---------------- By: ________________ _ Laura Campbell, Member Date: _______________ _ By:-------------­Alan Potasnik, Member Date: ---------------- ATTEST: --===,--------:==-----=-=-==-=----=-=-=--=-�---Jacob Quinn, City Clerk Date: _______________ _ Before me, a Notary Public in and for said County and State, personally appeared James Barlow, Laura Campbell, and Alan Potasnik, by me known to be members of the City of Carmel's Board of Public Works and Safety and Jacob Quinn, Clerk of the City of Carmel, who acknowledged execution of the foregoing Water Line Easement Agreement on behalf of the City of Carmel. Witness my hand and notarial seal, this day of , 2024. ------------ My Commission N o./Expiration: Notary Public My County of Residence: Printed Form as of August 26, 2020 6 This instrument was prepared by Jason A. McNiel, ICE MILLER LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jason A. McNielForm as of August 26, 2020 7 EXHIBIT 1 Grantor's Property Pmi of the Northwest Quarter of Section 6, Township 17 N 01ih, Range 3 East, in Hamilton County, Indiana, more particularly described as foUows: LOT 2 AND BLOCK A OF THE EDGE OF WEST CARMEL AS RECORDED AS INSTRUMENTNUMBER2024017284 IN PLAT CABINET 6, SLIDE521 IN THE OFFICE OF THE RECORDER OFHAMILTONCOUNTY,INDIANA,SAIDREALESTATE IS LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH,RANGE3 EAST OF THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP OF HAMILTON COUN1Y, INDIANA. Fo1m as of August 26, 2020 8 VARIABLE WIDTH WATER LINE EASEMENT DESCRIPTION Port of the Lot 2 and Block A in The Edge at West Carmel Subdivision recorded in Plot Cabinet 6, Slide 521 as Instrument Number 2024017284 in the Office of the Recorder of Hamilton County, lndiono, being located in the Northwest Quarter of Section 6, Township 17 North, Range 3 East, of the Second Principal Meridian in the City of Carmel, Cloy Township of Hamilton County, Indiana, and being more particular� described by Anthony 8. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on August 13, 2024, as follows: BEGINNING at the Southeast comer of said Lot 2: thence South 89 degrees 38 minutes 34 seconds West (Indiana State Plane -East Zone bearings) along the south line of sold lot o distance of 805.40 feet; thence North 45 degrees 11 minutes 51 seconds West o distance of 20.34 feet; thence North 00 degrees 02 minutes 16 seconds West o distance of 152.35 feet: thence North 12 degrees 30 minutes 23 seconds West o distance of 2.31 feet: thence North 69 degrees 50 minutes 56 seconds West o distance of 20.07 feet: thence North 37 degrees 11 minutes 29 seconds West a distance of 81.94 feet: thence North 16 degrees 30 minutes 37 seconds West o distance of 30.09 feet to the north line of said Block A being o point on a non-tangent curve to the left having o radius of 459.50 feet, the radius point of which bears North 41 degrees 47 minutes 23 seconds West; thence northeasterly along said north line on ore disionce of 2. 77 feel northwesterly to o corner of said Block A being o point which bears South 42 degrees 08 minutes 06 seconds East from said radius point: thence North 16 degrees 30 minutes 37 seconds West olong west line of Block A o distance of 429.39 feel; thence South 62 degrees 10 minutes 13 seconds East a distance of 17.48 feet: thence South 16 degrees 30 minutes 37 seconds East parallel with said west line o distance of 445.72 feet; thence South 37 degrees 11 minutes 29 seconds Eost o distance of 74.81 feet; thence South 69 degrees 50 minutes 56 seconds Eost a distance of 12.44 feet; thence North 77 degrees 29 minutes 37 seconds East a distance of 9.62 feet: thence South 12 degrees 30 minutes 23 seconds East o distance of 18.32 feet: thence South 00 degrees 02 minutes 16 seconds East o distance of 147.75 feet: thence South 45 degrees 11 minutes 51 seconds East o distance of 7.86 feet: thence North 89 degrees 38 minutes 34 seconds East parallel with the south line of said Lot 2 o distance of 799.25 feet to the eost line thereof: thence South 00 degrees 02 minutes 16 seconds East along said east line a distance of 15.00 feet to the Point of Beginning, containing 0.502 acres of land, more or less. EXHIBIT B Easement Property (Depiction) OONNA NElS/J/1, AS TRUST[[ U/A OTO 08 � - -�-- _J__ - - --- ....I - 06 2002, OONNA N[LSON AS Sllll.OR ,,. / iINSTR./2 /4 ,,. ,,.,,. 'o \ LOTl \ I \ I \ I r r I ll) :: I {AS(� II/CIIC,WR!I REFERENCE: ,,. � ,,. ;oc\�s1t),,,, �'1�'1'i ,,.,,, __ ,,.,, This exhibit is based upon the Plot of The Edge ot West Carmel by Civil & Environmental Consultants, Inc., ProjectNo. 311-804, recorded as Instrument No. 2024017284. Fo1m as of August 26, 2020 \ I I I I GRANTOR /JICHICAN R(),1,/) /JUlllFA/Jll Y HOLDINGS, UC INSTR. /20240176JJ LOT2 LINE TABLE UNE # DIRECTION LENGTH LI S 89'38'34" W 805.40' l2 N 45'11'51" W 20.34' LJ N 00'02'16" W 152.35' L4 N 1130'23" W 2.31' L5 N 69'50'56" W 20.07' L6 N 3711'29" W 81.94' L7 N 16'30'37" W 30.09' L9 N 16'30'37" W 429.39' L10 S 62'10'13" E 17.48' Lil S 16'30'37" E 445.72' Ll2 S 3711'29" E 74,81' Ll3 S 69'50'56' E 12.44' Ll4 N 7729'37' E 9.62' NORTH /NO/ANA STATE PW/[ £AST Z0N[ 8£AI//NGS LINE TABLE LINE# DIRECTION LENGTHI L15 S 12' 30'23' E 18.32' L16 S 00-02'16' E 147.75' Ll7 S 45'11'51' E 7,86' LIB N 89'38'34' E 799.25' Ll9 S 00-02'16' E 15.00' ' CURVE TABLE CURVE I RADIUS O£LTA L£NG. Cl 459.50' 0·20•43• 2.17 WATERUNEEASDIENT' 0.502% ACRES POINT OF BEGINNING SECORNERLOT2 SOIJ7II UNf l(K 1/4 SEC. 6, '1 m, iJ£. - 1:111: Civil & Environmental Consultants, Inc. TH£ TOWNES AT WESTON POINTE SECTION I 530 E. Ohio Street SuiteG INSTR. l2004IXXJ67314 P.C.3, SUD£489 SCALE IN FEET ,-..W.,,F_ 0 150 REI INVESTMENTS, INC. EDGE AT WEST CARMEL 11335 N. MICHIGAN RD. CARMEL, INDIANA Indianapolis, IN ◄6204 Ph: 317.655.7777 www.cecinc.com VARIABLE WIDTH WATER LINE EASEMEI DAAWN BY: ElH CHECKED BY: NAB APPllOYEO BY: ABS EXHIBIT:t-DA_JE:_· --AUG_U_S_T _13-, 202--+4 OWG_SCAlE: ___ ---1'=_1_50'+-Pll-OJ_ECT_NO: __ --3-11--804---, 1 OF 2 10 September 10, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – 11297 PENNSYLVANIA ST Dear Board Members: The property owners of the above referenced address have requested the Board approve a Dedication of Public Right of Way. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Brad Pease, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS 3 City of Carmel BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal corporation ("City"), its Dedication and Deed of Public Rights-of-Way of certain real property ("Property") to the City for the purpose of establishing City rights-of-way; WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary and in the City's best interests; and NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Dedication and Deed of Public Rights-of-Way described herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY James Barlow, Member Date: Laura Campbell, Member Date: Alan Potasnik , Member Date: ATTEST: Jacob Quinn, Clerk Date: 4 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BARLOW, 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 Dedication & Deed of Public Rights-of-Way on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 . NOTARY PUBLIC My Commission No./Expiration: Printed Name My County of Residence: September 10, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- CHERRY TREE ELEMENTARY-13989 HAZEL DELL PKWY Dear Board Members: Carmel Clay Schools has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with installation of a new turf softball field at Cherry Tree Elementary. 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, Brad Pease, P.E. City Engineer CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ James Barlow, Member 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 James Barlow, 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: Brad Pease, P.E., City Engineer, One Civic Square, Carmel, IN 46032 No. 20400029 9/10/2024 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (berm with landscaping) at 13980 Brookstone Dr Dear Board Members: A Consent to Encroach document signed by Lobo, Mark J & Megan Nichols h&w, owners of the property with the common address 13980 Brookstone Dr , is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board of Public Works for approval during the 09/18/2024 BPW meeting. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board Members the document will be recorded with the Hamilton County Recorder’s Office. Sincerely, Bradley Pease, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (berm with landscaping) at 13980 Brookstone Dr Dear Board Members: 9/10/2024 It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): l l Petitioners enter into a Consent-to-Encroach Agreement with the City and record the Agreement. (we will record the agreement for you). Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the improvement that, in the opinion of the City, represents a Detriment as defined in City Code. Lobo, Mark J & Megan Nichols h&w, owner of the property with the common address 13980 Brookstone Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a berm with landscaping within a portion of the lot designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the attached exhibit. Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. l Respectfully, Bradley Pease, PE City Engineer WHEREAS, the official plat of the Subdivision was recorded in PC 2 SLIDE 435, Instrument Number 2000-24961 in the Office of the Hamilton County Recorder on 05/23/2000, as BUCKHORN ESTATES, (the “Plat”); and WHEREAS, the current Owner wishes to install a berm with landscaping on the Lot (the “Site Improvement”); and WHEREAS, Owner has given the City a sketch (“Sketch”) depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot and 30-foot drainage and utility easements , identified as "15' D.&U.E and 30' D.&U.E." on Exhibit B (the “Easement”); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the “Encroachment”) upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner’s request for a variance from Carmel City Code Section 6-227(4); and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City’s use of the Easement. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Lobo, Mark J & Megan Nichols h&w, 13980 Brookstone Dr, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 31 ("Lot") in BUCKHORN ESTATES, which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 2. 3. 4.Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvment, the Lot, or to Owner Owner agrees and acknowledges that the City’s consent to encroach upon the Easement, as provided in this instrument, regards the City’s Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person’s consent even if such property interests are also located within the Easement. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Laura Campbell, Member Alan Potasnik, Member Jacob Quinn, Clerk James Barlow, Member 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 JAMES BARLOW, 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 Exhibit A Legal Description Acreage .53, Section 22, Township 18, Range 3, BUCKHORN ESTATES, Lot 31 Warranty Deed: 7/2/2020 2020-41872 GAS GAS GAS GAS GAS GAS GAS GAS 30 ' D . & U . E . 40' B.S.L. 15' D.&U.E. - 0 ' 2 " - 0 ' 1 0 " - 1 ' 0 " - 1 ' 3 " - 2 ' 0 " - 2 ' 2 " + 2 ' 6 " + 1 ' 6 " - 0 ' 3 " - 0 ' 7 " - 0 ' 9 " - 1 ' 0 " - 1 ' 1 0 " - 2 ' 2 " - 0 ' 1 0 " - 0 ' 1 0 " - 1 ' 0 " - 0 ' 9 " - 1 ' 2 " - 1 ' 2 " - 0 ' 3 " - 0 ' 6 " - 0 ' 3 " + 1 ' 0 " - 0 ' 0 " - 0 ' 7 " - 0 ' 8 " - 0 ' 8 " BM 0 ' 0 " - 1 ' 8 " ACAC SP G EX D E C K +3 ' S E T B A C K +0' 2 " +0 ' 2 " +0 ' 0 " -0' 2 " 4' SIDEWALK +1 ' 6 " +2 ' 6 " -0' 3 " +0 ' 0 " PA V E R P O O L D E C K AO N F I R E P I T 14 x 3 8 L I N E R P O O L w / 1 8 " C O N C C O P I N G BY O T H E R S 1" D E C K D R A I N (3 ) 6 ' w X 6 ' H A L U M I S S I O N PR I V A C Y S C R E E N S US E P O O L D I G O U T T O CR E A T E 2 ' H P R I V A C Y B E R M CR E A T E D R A I N A G E S W A L E TO D I R E C T W A T E R T O S O U T H ED G E O F P R O P E R T Y NA T S T O N E T R E A D S & B O U L D E R R E T E N T I O N -K E E P E X S T E P P E R S O N S I T E POOL EQUIPMENT (3 ) F E A T H E R R E E D G R A S S (2 ) B L A C K H I L L S S P R U C E (5 ) L I M E L I G H T H Y D R A N G E A (3 ) F R A N Z F O N T A I N E H O R N B E A M (6 ) S H E N A N D O A H S W I T C H G R A S S (4 ) E V E R L O W Y E W (3 ) N E W G E N ™ F R E E D O M ® B O X W O O D (4 ) E V E R L O W Y E W (7 ) P A R D O N M E D A Y L I L Y (3 ) E V E R L O W Y E W DR I V E W A Y W A L L DR I V E W A Y 18" = 1 ' 0 " Th e s e d e s i g n s a n d id e a s a r e t h e pr o p e r t y o f B P I a n d co v e r e d u n d e r a n Ar t i s t i c C o p y r i g h t . Us e o f B P I ' s d e s i g n s by a t h i r d p a r t y wi t h o u t B P I ' s wr i t t e n c o n s e n t is c o p y r i g h t in f r i n g e m e n t a n d i s pu n i s h a b l e b y l a w ; ho w e v e r , B P I s h a l l no t b e l i a b l e f o r a n y re a s o n i f t h e d e s i g n s ar e u s e d b y a t h i r d pa r t y w i t h o u t wr i t t e n c o n s e n t . C. 2 0 2 0 B P I O u t d o o r L i v i n g LA / D : B H DR A F T E D B Y : B H DA T E : -8 / 7 / 2 4 NO T E S : -3 9 0 S F E X P A V E R PA T I O D E M O -K E E P PO O L DI G O U T O N S I T E FO R B E R M -B E R M D E S I G N PE N D I N G H O A & CI T Y A P P R O V A L -P O O L CO N T R A C T O R T O PU L L A P P L I C A B L E PO O L & R O W PE R M I T S L1 . 0 2 PR O D U C T I O N PL A N DR A W I N G K E Y PR O P O S E D G R A D E PR O P O S E D S P O T TO P / B O T T O M S T E P TO P / B O T T O M W A L L TO P O F D E C K BE N C H M A R K PR O P E R T Y L I N E EA S E M E N T L I N E BU R I E D D R A I N A G E L I N E EX I S T I N G F E N C E L I N E PR O P O S E D F E N C E L I N E TS / B S TW / B W To D BM X LOBO RESIDENCE 13980 BROOKSTONE DR., CARMEL, IN 46032 CO M M O N N A M E QT Y CO N I F E R O U S T R E E S BL A C K H I L L S S P R U C E 2 DE C I D U O U S T R E E S FR A N Z F O N T A I N E H O R N B E A M 3 SH R U B S NE W G E N ™ F R E E D O M ® B O X W O O D 3 LIM E L I G H T H Y D R A N G E A 5 EV E R L O W Y E W 11 GR A S S E S FE A T H E R R E E D G R A S S 3 SH E N A N D O A H S W I T C H G R A S S 6 AN N U A L S / P E R E N N I A L S PA R D O N M E D A Y L I L Y 7 PL A N T S C H E D U L E SY M B O L MA N U F A C T U R E R / M O D E L / D E S C R I P T I O N QT Y LU M I E N L I G H T I N G S P O T L I G H T 2 BR O N Z E AL U M I N U M , G R O U N D S P I K E LA M P : M R 1 6 , 1 0 W A T T S LU M I E N L I G H T I N G P A T H L I G H T L - S H A P E 6 AL U M I N U M - B L A C K O R B R O N Z E AL U M I N U M , B L A C K O R B R O N Z E , 1 2 " G R O U N D S P I K E 6 W A T T , 2 7 0 0 LI G H T I N G S C H E D U L E &Y I J C J U  # This Resolution was prepared by Benjamin Legge, City Attorney, on September 6, 2024 at 4:22 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. RESOLUTION NO. BPW 09-18-24-01 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 WHEREAS, pursuant to Indiana Code § 5-22-22-6, the Board of Public Works and Safety of the City of Carmel, Indiana (“Board”), may transfer to another certain personal property; and WHEREAS, Detective William Eugene Haymaker has provided over 33 years of meritorious service to the Carmel community as a Carmel Police Officer, and will be retiring on September 12, 2024; and WHEREAS, it has been a long-standing policy and practice of the Carmel Police Department, and it is the Police Chief’s desire (Exhibit A), to present to each of its sworn officers, upon retirement, their badge and firearm. NOW, THEREFORE, BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following items may be transferred and presented to Detective William Eugene Haymaker upon his retirement, at the direction of the Chief of Police: Detective William Eugene Haymaker’s Service Weapon, Glock Model 17, 9 mm Pistol and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. BPW 09-18-24-01 Page One of Two Pages This Resolution was prepared by Benjamin Legge, City Attorney, on September 6, 2024 at 4:22 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this ___ day of , 2024, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: James Barlow, Member Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 09-18-24-01 Page Two of Two Pages