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BPW Paperless Packet 01-08-25
Board of Public Works and Safety Meeting Agenda Wednesday January 08, 2025 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the December 18, 2024, Regular Meeting 2. TABLED ITEMS a. Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 11-06-24 3. CONTRACTS a. Request for Purchase of Goods and Services; PKS Construction, Inc.; ($85,509.00); City Hall Dumpster Enclosure; Additional Services Amendment; Rebecca Carl, Chief of Staff b. Request for Agreement of Professional Services; CrossRoad Engineers, P.C.;($430,000.00); 24-ENG-07 Towne Rd Roundabout & Pedestrian Crosswalk Improvement; Additional Service Amendment #1; Brad Pease, Director of Engineering c. Request for Agreement of Professional Services; CrossRoad Engineers, P.C.; ($494,850.00); 24-ENG-02 106TH & Lakeshore Drive Roundabout; Brad Pease, Director of Engineering d. Request for Agreement of Professional Services; American Structurepoint, Inc.; ($102,060.00); 106th and Keystone Damage; Additional Services Amendment; Matt Higginbotham, Street Commissioner e. Request for Agreement between City of Carmel and Vendor; TPI Utility Construction, LLC;($917,450.00); River Road Water Main Extensions; John Duffy, Director of Utilities 4. OTHER a. Request for Consent to Encroach; 13695 Autumn Lake Overlook; Property Owners b. Request for Replat; 2 Waterfront of West Clay; Paul Shoopman, Shoopman Home Building Group c. Resolution BPW 01-08-25-01; 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 Lieutenant Johnathan Alan Foster; 23 years of Meritorious Service; Chief Drake Sterling, Carmel Police Department 5. ADD-ONS 6. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, December 18, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 Chairwoman Campbell called the meeting to order at 10:00 AM 9 10 MEMBERS PRESENT 11 12 Chairwoman Laura Campbell, Board Members James Barlow and Alan Potasnik, and City Clerks Jacob 13 Quinn and Jessica Dieckman are present. 14 15 MINUTES 16 Minutes from the December 4, 2024, Regular Meeting. Board Member Barlow moved to approve. 17 Board Member Potasnik seconded. Minutes approved 3-0. 18 BID OPENINGS, RECOMMENDATIONS, AND AWARDS 19 20 Bid Opening for Neighborhood Drainage Improvements at Pawne Road & Auman Drive Loop 21 Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: 22 Contractor Bid 23 Allstar Paving, Inc $2,187,524.70 24 Yarberry Companies, Inc. $1,860,631.00 25 Indiana Excavating Services LLC $1,559,440.00 26 Calumet Civil Contractors, Inc. $1,381,000.00 27 OLCO, Inc. $1,483,923.50 28 William Charles Construction $1,378,000.00 29 Morphy Construction $1,597,000.00 30 E&B Paving $1,487,295.00 31 32 Bid Opening for 20-ENG-13 Intersection Improvements-106th and Westfield Roundabout 33 Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: 34 Contractor Bid 35 Calumet Civil Contractors Inc. $2,307,500.00 36 Reith Riley Construction $2,587,433.01 37 Morphy Construction $2,687,901.00 38 E&B Paving $2,364,889.54 39 40 Bid Award for 24-STR-09 Street Department Building Upgrades; Crystal Edmondson, Street 41 Department, recommended awarding the bid to Kevin P. Sullivan, KPS Builders, Inc., for $425,795.00 42 as they were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board 43 Member Barlow seconded. Bid approved 3-0. 44 Bid Recommendation for 24-STR-07 106th St Bridge Repair; Crystal Edmondson, Street Department, 45 recommended rejecting the bid. Our only bidder was Superior Construction. They made a mistake in 46 their pricing calculations. We plan to rebid this project in January. Board Member Barlow moved to 47 reject the bid. Board Member Potasnik seconded. Bid Rejected 3-0. 48 49 Bid Award for 24-STR-08 Tarkington and Palladium Surface Replacement; Crystal Edmondson, 50 Street Department, recommended awarding the bid to William Charlies Construction Company, LLC, 51 for $730,000.00 as they were the lowest quote and most responsive. Board Member Barlow moved to 52 approve. Board Member Potasnik seconded. Bid approved 3-0. 53 54 Bid Award for Well 29; John Duffy, Director of Utilities, recommended awarding the bid to National 55 Water Services, LLC, for $848,848.00 as they were the lowest quote and most responsive. Board 56 Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. 57 58 Bid Award for West Ground Storage Tank Booster Pump Station: John Duffy, Director of Utilities, 59 recommended awarding the bid to Theinaman Construction, Inc., for $5,448,000.00 as they were the 60 lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member Barlow 61 seconded. Bid approved 3-0. 62 63 Bid Award for West Ground Storage Tank; John Duffy, Director of Utilities, recommended awarding 64 the bid to Preload, LLC, for $6,288,000.00 as they were the lowest quote and most responsive. Board 65 Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. 66 67 TABLED ITEMS 68 69 Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 70 11-06-24 REMAINS TABLED 71 CONTRACTS 72 Request for Purchase of Goods and Services; United Construction Services; ($3,943.00); 20-ENG-06 73 Hydrant Extensions, Haverstick Multi-Use Path; CO #3; Board Member Barlow moved to approve. 74 Board Member Potasnik seconded. Request approved 3-0. 75 76 Request for Purchase of Goods and Services; United Construction Services; ($1,938.70); 20-ENG-06 77 Sode Repairs, Haverstick Multi-Use Path; C0 #4; Board Member Potasnik moved to approve. Board 78 Member Barlow seconded. Request approved 3-0. 79 80 Request for Purchase of Goods and Services; JKES Inc., dba Smith Projects; ($7,250.00); 22-SW-01 81 Additional Pumps, Springmill Run Culvert Replacement; CO #1; Board Member Barlow moved to 82 approve. Board Member Potasnik seconded. Request approved 3-0. 83 84 Request for Professional Services; Clark Dietz, Inc.; ($178,428.00); Auman-Newark Sidewalk and 85 Drainage; Additional Services Amendment 2a; Board Member Potasnik moved to approve. Board 86 Member Barlow seconded. Request approved 3-0. 87 88 Request for Professional Services; CrossRoad Engineers, P.C.; ($75,000.00); On-Call Engineering 89 and Inspection Services; Additional Services Amendment 12; Board Member Barlow moved to 90 approve. Board Member Potasnik seconded. Request approved 3-0. 91 92 Request for Agreement of Consulting Services; Andris Berzins; ($54,000.00); Sister Cities 93 Community Engagement Consultant; Board Member Barlow moved to approve. Board Member 94 Potasnik seconded. Request approved 3-0. 95 96 Request for Purchase of Goods and Services; Howard Companies; ($23,760.00); 24-STR-03 Path 97 Preservation; CO #1; Board Member Potasnik moved to approve. Board Member Barlow seconded. 98 Request approved 3-0. 99 100 Request for Purchase of Goods and Services; Howard Companies; ($189,435.44); 24-STR-02 Paving; 101 CO #2; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 102 approved 3-0. 103 104 Request for Purchase of Goods and Services; Custom Truck Equipment, LLC; ($167,541.00); Forestry 105 Truck; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 106 approved 3-0. 107 108 Request for Purchase of Goods and Services; Kevin P. Sullivan Builders, Inc d/b/a KPS Commercial 109 Construction; ($425,795.00); 24-STR-09 Street Department Building Upgrades; Board Member 110 Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. 111 112 Request for Purchase of Goods and Services; Mainscape, Inc.; ($77,894.00); Snow Removal; 113 Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Barlow 114 seconded. Request approved 3-0. 115 116 Request for Purchase of Goods and Services; Pearson Ford, Inc.; ($126,995.00); Four 2025 Ford 117 Maverick Hybrid XLT AWD; Board Member Barlow moved to approve. Board Member Potasnik 118 seconded. Request approved 3-0. 119 120 Request for Purchase of Goods and Services; William Charles Construction Company, LLC; 121 ($730,000.00); 24-STR-08 Tarkington and Palladium Surface Replacement; Board Member Potasnik 122 moved to approve. Board Member Barlow seconded. Request approved 3-0. 123 124 REQUEST TO USE CITY STREETS/PROPERTY 125 126 Request to use Midtown Plaza; Summer Yoga Series; May 17, June 21, August 16, 2025; 8:00 AM to 127 11:00 AM; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 128 approved 3-0. 129 130 Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; August 131 23, 2025; 2:00 PM to 6:30 PM; Board Member Potasnik moved to approve. Board Member Barlow 132 seconded. Request approved 3-0. 133 134 Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; 135 September 20, 2025; 2:00 PM to 6:30 PM; Board Member Potasnik moved to approve. Board Member 136 Barlow seconded. Request approved 3-0. 137 138 OTHER 139 140 Request for Stormwater Technical Standards Waiver; 13280 Six Points Road; Board Member Barlow 141 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 142 143 ADD-ONS 144 Board Member Barlow moved to add-on two items to the agenda. Board Member Potasnik seconded. 145 The add-on was approved 3-0. 146 Request for Professional Services; HUB International Midwest Limited; Retirement Investing 147 Advisor; Sergey Grechukhin, Corporation Counsel, briefly speaks. As you will see, although the 148 agreement was executed in late November, the process of switching to the new retirement investing 149 advisor took some time, as specific policies and document transfers had to be accomplished before this 150 item was introduced for your approval. Now that the Finance Department has accomplished that, we 151 can move forward with the final execution on the City’s end. You may have already heard about this 152 agreement through a press release, as it was one of Mayor Finkam's priority items. Still, this 153 agreement establishes a new retirement investing advisor representative that will support the City’s 154 457(b) and 401(a) deferred compensation plans and provide financial wellness advice and investment 155 education services to the City’s employees. HUB International was selected from several qualified 156 submissions and presented the best proposal; Board Member Barlow moved to approve. Board 157 Member Potasnik seconded. Request approved 3-0. 158 Board Member Potasnik moved to add-on two items to the agenda. Board Member Barlow seconded. 159 The add-on was approved 3-0. 160 Request for Agreement between City and Vender; Hamilton County Indiana; Auman-Newark 161 Sidewalk & Stormdrain Improvements; Sergey Grechukhin, Corporation Counsel, briefly speaks, 162 CDBG grants originate with the U.S. Department of Housing and Urban Development that accepts 163 applications for neighborhood improvement plans from municipalities/government units around the 164 country. The usual purposes for the grants include public infrastructure improvements such as 165 roadway improvements, sidewalks and other related infrastructure improvements (curbs, drainage, 166 stormwater, etc), connectivity improvements, etc. Hamilton County applies for bulk CDBG grants for 167 the units within the county, including Carmel. The County is considered a grantee. In turn, 168 municipalities within the County submit infrastructure improvement proposals that may be eligible for 169 the CDBG funds- these municipalities are called subrecipients. Carmel submitted and will be a 170 subrecipient of such a grant in the designated amount for public infrastructure improvement within the 171 Auman-Newark subdivision. Specifically, the upgrades will include 5870 linear feet of new public 172 sidewalk and curb and stormwater drain updates. All updates must be completed by August 1, 2026, 173 and the bids for the project will be open on Wednesday. We must also meet some federal standard 174 requirements: construction, administrative, anti-discrimination, labor, environmental, etc. Carmel 175 standards either meet or frequently exceed those. The Agreement outlines these provisions in more 176 detail. In sum, the CDBG grants offset the cost of specific eligible projects for local municipalities and 177 have been a source of additional funds supplementing our budgets. Board Member Potasnik moved to 178 approve. Board Member Barlow seconded. Request approved 3-0. 179 Board Member Potasnik moved to add-on two items to the agenda. Board Member Barlow seconded. 180 The add-on was approved 3-0. 181 Request for Purchase of Goods and Services; Lenco Armored Vehicles;($378,599.00); Bearcat 182 Armored Vehicle; Benjamin Legge, Corporation Counsel, briefly speaks; the Carmel Police 183 Department respectfully requests that the attached Agreement for the purchase of a Lenco BearCat (an 184 armored security vehicle for SWAT. This contract was delayed due to quoting errors and term 185 negotiations. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 186 approved 3-0. 187 Board Member Barlow moved to add two items to the agenda, and Board Member Potasnik seconded. 188 The add-on was approved 3-0. 189 Request for Purchase of Goods and Services; Pearson Ford, Inc.;($90,152.50); Two 2024 Ford F-190 150 STX; Additional Services Amendment; Benjamin Legge, Corporation Counsel, briefly speaks; the 191 Carmel Police Department respectfully requests for budgetary purposes, CPD would like to move 192 forward with the purchase in this calendar year. It was only recently determined that the purchase of 193 the two trucks needed to be combined under one ASA, and for budgetary purposes, the Department 194 would like to move forward with the purchase this calendar year. This item qualifies for a special 195 purchase exemption because of the government discount and savings to the department. Board 196 Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. 197 198 ADJOURNMENT 199 Chairwoman Campbell adjourned the meeting at 10:29 AM. 200 201 202 203 APPROVED: ____________________________________ 204 Jacob Quinn – City Clerk 205 206 207 _____________________________________ 208 Chairwoman Laura Campbell 209 210 211 ATTEST: 212 __________________________________ 213 Jacob Quinn – City Clerk 214 215 October 29, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REVOCATION OF CONSENT TO ENCROACH AGREEMENT- 41 NORTH RANGELINE - LOT ONE PARTNERS, LLC Dear Board Members: The Department of Engineering is recommending revocation of the existing consent to encroach agreement between the City and Lot One Partners, LLC, approved by the Board on September 6, 2023. The agreement allowed a 2.5’ encroachment into the east/west alley accessed via 1st AVE NE to install a curb and handrail along the pedestrian access walkway. This encroachment has been found to limit vehicular access through the alley, causing vehicles to drive onto the private property south of the alley to access a loading zone. The Department of Engineering has confirmed the removal of the encroachment will not create any code violations or other safety hazards and therefore requests the board revoke the consent to encroach agreement and require removal of the encroachment to restore unobstructed vehicular access through the alley. Sincerely, Bradley Pease, P.E. City Engineer ATTACHMENTS: CONSENT TO ENCROACH AGREEMENT CzBmmjtpoMzodi.NdHsbuibu21;12bn-Efd24-3135 Certified Minority andWomen Owned Business Enterprise PKSConstruction Inc. 450South RitterAve, Suite A Indianapolis, IN46219 p)317-354-1070 f)317-354-1237 cell) 317-294-8909 December 6, 2024 CityofCarmel ATTN: Clayton Bell Carmel, IN 46032 Re: Carmel CityHall Dumpster Enclosure Clayton, We arepleased toprovide thebelowquoteregarding thenew dumpster enclosure at Carmel City Hall perthebelow scope ofwork. Scope ofwork: 1.Reinforced concrete footings. 2.Reinforced slabongrade concrete inside masonry enclosure. 3. 4.4-course masonry foundation wall. 5.Newmasonry wall toconsist ofbrick exterior andblockinterior. 6.Limestone coping tomatch adjacent. 7.- drive gatesfilled with trexboards (fromstandard colors). 8.Gate hinges tobewelded tosteel embeds inmasonry. 9.Work tobecompleted during normal hours. Exclusions:excavation, sitework, allowances, permits, orbond. Base Bid: Eighty-FiveThousand FiveHundredand NineDollars$85,509 VoluntaryMasonryDeducts: 1.Deduct $6,000: 2.Deduct $5,000: toharvest andre-useexisting limestone coping. Sincerely David Kojetin David Kojetin Project Manager Page1 12/9/2024 P K S CONSTRUCTION INC INDIANAPOLIS, IN 46219 - 113095 450 S RITTER AVE SUITE 1A City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION City Hall Dumpster Enclosure. Required to bring the building up to code. General Administration 1 Civic Square Carmel, IN 46032- 366289 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 93797 1205Department:101Fund:General Fund 44-620.00Account: Other StructureImprovements1 $85,509.00 $85,509.00Each 85,509.00SubTotal 85,509.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/PVOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 113095 ORDERED BY TITLE Dept of Administration 1 Civic Square Carmel, IN 46032- Dianne Walthall Deputy Director CzTfshfzHsfdivlijobu3;27qn-Efd24-3135 Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 113126 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION New Professional Services Agreement 1/8/2 - ASA112/12/2024068025 CROSSROAD ENGINEERS, PC City Engineering'sOffice VENDORSHIP115N17THAVE1Civic Square TO Carmel, IN 46032- BEECH GROVE, IN 46107 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMSFREIGHT 93918 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 1Each24-ENG-07 - ASA1 - Towne Rd RAB & Pedestrian Crosswalk$430,000.00$430,000.00 Improv. - Design & Bid Sub Total 430,000.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 430,000.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Jeremy KashmanZac Jackson TITLE Chief Infrastructure OfficerCFO CONTROL NO. 113126 CzTfshfzHsfdivlijobu3;26qn-Efd24-3135 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 City shall designate payment oftheServices fromCitybudget appropriation number 2200 044-628.712024 Bond fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards asaccepted intheindustry. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than Four Hundred Ninety Four Thousand Eight Hundred Fifty Dollars ($494,850.00) (the “Estimate”). Professional shall submit an invoice toCitynomorethan once every thirty (30) days forServices provided City during thetime period encompassed bysuchinvoice. Invoices shall besubmitted onaformcontaining the same information as that contained onthe Professional Services Invoice attached hereto asExhibit B, incorporated herein bythisreference. City shallpay Professional forallundisputed Services rendered and stated onsuchinvoice within thirty five (35) days fromthe dateofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, thisAgreement shall beineffect from theEffective Date through thesatisfactory completion ofservices as 2 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 described inthis Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination thatare not indispute, except that such payment amount shallnotexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship The relationship ofthe parties hereto shallbeasprovided forinthisAgreement, andneither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred byCity asaresult ofanyclaimforwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose acts anyofthem may be liable: 1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother employee benefits actsapplicable tothe performance ofthe work; 3 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's 4 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 policy ofinsurance shall contain prior acts coverage sufficient tocover allServices performed bythe Professional forthisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofanyandallclaims made against thispolicy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," showing such coverage then inforce (but notless than theamount shown above) shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter written notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake progress soastoendanger timely and proper completion oftheServices and does not correct such failure or breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies available toitatlaworinequity. 7.8 Government Compliance Professional agrees tocomply withalllaws, executive orders, rules and regulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein by thisreference, tokeep allof Professionals’ required professional licenses andcertifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, 5 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall losses, liabilities, claims, judgments andliens, including, but notlimited to, alldamages, costs, expenses and attorney fees arising outofanyintentional ornegligent act oromission ofProfessional and/or anyofits employees, agents orcontractors inthe performance ofthisAgreement. This indemnification obligation shall survive thetermination ofthis Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 6 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesentpursuant tothisAgreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: CrossRoad Engineers, P.C. th115N17 Avenue Beech Grove, Indiana 46107 Notwithstanding theabove, City may orally provide toProfessional anynotice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business days from thedateofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 7.16 Waiver Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 8 CrossRoad Engineers, P.C. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#113125 Contract NotToExceed $494,850.00 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged intheworkshall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, and complete the project with allpracticable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional 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. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as amended. 7.28 IranCertification Pursuant toI.C. § 5-22-16.5, theProfessional shall certify that, insigning this Agreement, itdoes notengage 9 Usfou!F/!Ofxqpsu Qsftjefou 46.2:74442 2302403135 EXHIBIT B Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name Usfou!F/!Ofxqpsu DspttSpbe!Fohjoffst-!QD Qsftjefou 24ui Efdfncfs 35 Usfou!F/!Ofxqpsu Usfou!F/!Ofxqpsu Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 113125 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION New Professional Services Agreement 1/8/212/12/2024068025 CROSSROAD ENGINEERS, PC City Engineering'sOffice VENDORSHIP115N17THAVE1Civic Square TO Carmel, IN 46032- BEECH GROVE, IN 46107 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMSFREIGHT 93917 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 1Each24-ENG-02 - 106th & Lakeshore Drive RAB - Design & R/W$494,850.00$494,850.00 Services Sub Total 494,850.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 494,850.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Jeremy KashmanZac Jackson TITLE Chief Infrastructure OfficerCFO CONTROL NO. 113125 CzTfshfzHsfdivlijobu:;3:bn-Efd37-3135 OWNER:City of Carmel DESCRIPTION:106th Street Bridge Repair over Keystone Parkway City of Carmel Project 24-STR-07 LETTING:December 4, 2024 Per CIB NOTICE TO PROCEED:February 1, 2025 Anticipated SUBSTANTIAL COMPLETION DATE:April 1, 2025 Per CIB FINAL COMPLETION DATE:June 30, 2025 Per CIB PRECONSTRUCTION ACTIVITIES:3/23/2025 to 3/29/2025 =1.00 weeks CONSTRUCTION ACTIVITIES / CLOSURE:3/30/2025 to 7/5/2025 =14.00 weeks POST-CONSTRUCTION ACTIVITIES:7/6/2025 to 7/26/2025 =3.00 weeks 18.00 weeks The following pages (manhour justification and fee estimate) are based on the above construction schedule. Any delay or extension in the construction that significantly extends the completion date shown above may require an extension to this Agreement and an increase in the estimated fees. EXHIBIT "A" INSPECTION FEE JUSTIFICATION MANHOURS BY CLASSIFICATION 11/19/2024 LABOR SENIOR ENGINEER: Regular time:18.00 weeks @ 3 hours/week =54 hours SENIOR ENGINEER TOTAL HOURS =54 hours RESIDENT PROJECT REPRESENTATIVE: Preconstruction Activities: Regular Time: 1.00 weeks @ 24 hours/week = 24 hours Construction Activities: Regular Time:14.00 weeks @ 24 hours/week =336 hours Overtime (assume 0%)336 @ 0%=- hours Post-Construction Activities: Regular Time:3.00 weeks @ 24 hours/week =72 hours RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS =432 hours RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS =- hours EXHIBIT "A" 11/19/2024 CLIENT:City of Carmel DESCRIPTION:106th Street Bridge Repair over Keystone Parkway City of Carmel Project 24-STR-07 Rate Units Fee Senior Engineer 250.00$ 54 13,500.00$ Resident Project Representative 205.00$ 432 88,560.00$ Resident Project Representative (Overtime)241.90$ - -$ Inspector(s) (Regular)145.00$ - -$ Inspector(s) (Overtime)171.10$ - -$ TOTAL INSPECTION FEE 102,060.00$ EXHIBIT "A" INSPECTION FEE SUMMARY CONSTRUCTION INSPECTION SERVICES 11/19/2024 SERVICES BYPROFESSIONAL A. ENGINEERING PERSONNEL Forthefulfillment ofallservices outlined inSection Bbelow, theProfessional willprovide onepart-time Resident ProjectRepresentative, inspectors, andclerical andsecretarial personnel asrequired foraperiod oftimenecessary tocomplete theconstruction project andfinal construction report. Thequalifications andexperiences ofpersonnel provided bytheProfessional aresubject toapproval by theCity, andnopersonnel willbeassigned totheproject untiltheCity’sapproval isobtained. Thepart-time Resident Project Representative willreporttothe City onallmatters concerning contract compliance andadministration. The part-time Resident Project Representative willcoordinate project activities withCity’sproject manager. B. DESCRIPTION OFSERVICES 1. Construction Schedule: Review and monitor theconstruction schedules prepared bythe Contractor forcontract compliance andprovide detailed documentation andrecommendations to theCityconcerning theschedule’sacceptability. 2. Conferences: Schedule, conduct, notify participants, andprovide minutes ofpreconstruction meetings, partnering meetings, progress meetings, andsuchotherjobconferences asrequired for thetimelyandacceptable conduct ofthejob. Attend PublicInformation Meetings conducted by theCity. TheProfessional shall beavailable forconferences asrequested bytheCity toreview working details oftheproject. TheCitymayreview andinspect theactivities whenever desired during the lifeoftheagreement. 3. Liaison: Serve astheCity’sliaisonwiththeContractor, working principally through the Contractor’sfieldsuperintendent orsuchotherperson inauthority asdesignated bythe Contractor. The full-timeResident Project Representative shall bethoroughly familiar with the plans andspecifications applicable totheproject tomonitor theContractor forcompliance with theprovisions therein. Anydeviation observed shall beaddressed totheContractor by the Resident Project Representative. Recommendations toobtain compliance also shallbereported totheCity. 4. Cooperate: Cooperate withthe City indealing withvarious federal, state, andlocal agencies having jurisdiction overtheproject. 5. Obtain fromtheContractor a. Alistofhis proposed suppliers andsubcontractors b. Additional details orinformation whenneeded atthejobsiteforproper execution ofthe work 6. Certification ofMaterials: Check forcompleteness ofcertifications ofmaterials delivered tothe site. 7. Shop Drawings a. Receive shopdrawings andfalsework drawings. Check falsework drawings for completeness andobtain structural engineer’sapproval oftheproposed design. Forward shop drawings tothedesignconsultant forreview andapproval. Exhibit “A” 1of3 2014.00444 b. Review theapproved shopfalsework drawings, specifications andother submissions, record receipt ofthisdata, maintain afileofall drawings andsubmissions, andcheck construction forcompliance inaccordance with theContract Documents. c. Alert theContractor’sfieldsuperintendent when itisobserved thatmaterials or equipment isbeingorisabout tobeusedorinstalled beforeapproval ofshopdrawings orsamples, where such arerequired, andadvise theCity when itisnecessary to disapprove work asfailing toconform totheContract Documents. 8. Review ofWork, Inspection, andTests a. Conduct on-siteinspections fortheCity, ofthework inprogress, asabasisfor determining thattheproject isproceeding inaccordance withtheContract Documents b. Accompany visiting inspectors representing local, state, orfederal agencies having jurisdiction overtheproject andreport details ofsuchinspections totheCity c. Verify thattherequired quality control sampling andtesting hasbeen accomplished and materials certification hasbeenprovided bytheContractor d. Perform concrete andcompaction testing. 9. Modification: Consider andevaluate theContractor’ssuggestions formodifications indrawings and/orspecifications and report them withrecommendations totheCity. 10. Records a. Prepare andmaintain atthejobsiteorderly files ofcorrespondence, reports ofjob conferences, shop drawings andother submissions, reproductions oforiginal Contract Documents, including alladdenda, change orders, andadditional drawings subsequent to theawardoftheContract, progress reports, andother project relateddocuments b. Keepadiary orlogbook, recording hours onthejobsite, weather conditions, listof visiting officials, decisions, general observations, and specific observations with regard totestprocedures. Upon request, furnish copiesofsuchadiary orlogbook totheCity. 11. Reports: Furnish totheCity atperiodic intervals, asrequired, progress reports oftheproject, including theContractor’scompliance withthe approved construction schedule 12. Progress Estimates: Review progress estimates prepared bytheContractor forperiodic partial payments totheContractor anddeliver totheCity forreview and processing. Thepayments to theContractor willbebasedonestimates ofthevalue ofwork performed andmaterials complete inplaceinaccordance withthecontract. 13. Work Schedule andSuspension: The Professional’screw willberequired toregulate their workweek toconform totheContractor’shours inaccordance withthedirections oftheCity. If workontheconstruction project issuspended andallmatters concerning contract compliance and administration arecomplete, theservices oftheProfessional mayalsobesuspended without cost totheproject. 14. Contract Administration: TheProfessional willadminister thecontract inaccordance withCity’s procedures. 15. Ifdirected bytheCity, theProfessional shallprepare, asneeded, design, survey, right-of-way, andother services consistent withtheprevious services that havebeenperformed bythe Professional onthisproject. These services willbeperformed andpaidforbased onan amendment tothis agreement tobenegotiated between theCityandtheProfessional. Exhibit “A” 2of3 2014.00444 16. Ifthe City requests services beyond thescope ofthisagreement andcapabilities ofthe Professional, Professional willprepare anamendment toprovide theseservices through a subconsultant approved bytheCity. 17. CONSULTANTshallnotatanytimesupervise, direct, orhavecontroloverContractor’swork, nor shallCONSULTANThaveauthorityoverorresponsibilityforthemeans, methods, techniques, sequences, orproceduresofconstructionselectedorusedbyContractor, forsecurityorsafetyatthe Site, forsafetyprecautionsandprogramsincidenttotheContractor’sworkinprogress, norforany failureofContractortocomplywithlawsandregulationsapplicabletoContractor’sfurnishingand performingtheWork. Exhibit “A” 3of3 2014.00444 CzTfshfzHsfdivlijobu:;48bn-Efd34-3135 ApprovedandAdoptedthis dayof ,20. CITYOFCARMEL,INDIANA ByandthroughitsBoardofPublicWorksandSafety BY: LauraCampbell,PresidingOfficer Date: JamesBarlow, Member Date: AlanPotasnik, Member Date: ATTEST: JacobQuinn,Clerk Date: EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 PERFORMANCE BOND Surety Name: Address (principal place of business): Contractor Name: Address (principal place of business): Owner Name: Mailing address (principal place of business): Contract Description (name and location): Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. SuretyContractorasPrincipal Full formal name of Contractor)(Full formal name of Surety) (corporate seal) By: By: Signature)(Signature)(Attach Power of Attorney) Name: Name: Printed or typed)(Printed or typed) Title: Title: Attest: Attest: Signature)(Signature) Name: Name: Printed or typed)(Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. Bond No. Robert L. Sherfick Michael Crabb Secretary TPI Utility Construction, LLC 478 N. Co. Rd. 1100 E. Zionsville, IN 46077 Swiss Re Corporate Solutions America Insurance Corporation 1200 Main St., Suite 800 Kansas City, MO 64105-2478 2319813 City of Carmel Utilities 30 West Main Street Carmel, IN 46032 River Road Water Main Extensions 917,450.00 December 18, 2024 917,450.00 December 18, 2024 4 TPI Utility Construction, LLC Swiss Re Corporate Solutions America Insurance Corporation Attorney-in-Fact Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C Brad Rynearson Member Office Manager Melissa Taylor EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2.If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3.If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4.Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5.When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6.If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7.If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8.If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9.The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11.Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12.Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 4 14.Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16.Modifications to this Bond are as follows: [Describe modification or enter “None”] None Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.” By Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President ofSRCSPIC & Senior Vice President ofWIC By Gerald Jagrowski, Vice President of SRCSAIC & Vice President ofSRCSPIC Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this _ ___ day of , 20 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois County of Cook ss Swiss Re Corporate Solutions Premier Insurance Corporation WestportInsurance Corporation On this day of , 20 _, before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC NANCY J. NONWEILER, JOHN W. HANNON III, JASON McELDOWNEY, and ROBERT L. SHERFICK JOINTLY OR SEVERALLY O FIFTY MILLION ($50,000,000.00) DOLLARS 10 10 NOVEMBER NOVEMBER 22 22 18th December 24 Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 PAYMENT BOND Surety Name: Address (principal place of business): Contractor Name: Address (principal place of business): Owner Name: Mailing address (principal place of business): Contract Description (name and location): Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. SuretyContractorasPrincipal Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: Signature) (Signature)(Attach Power of Attorney) Name: Name: Printed or typed) (Printed or typed) Title: Title: Attest: Attest: Signature) (Signature) Name: Name: Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. Bond No.2319813 TPI Utility Construction, LLC 478 N. Co. Rd. 1100 E. Zionsville, IN 46077 Swiss Re Corporate Solutions America Insurance Corporation 1200 Main St., Suite 800 Kansas City, MO 64105-2478 City of Carmel Utilities 30 West Main Street Carmel, IN 46032 River Road Water Main Extensions 917,450.00 December 18, 2024 917,450.00 December 18, 2024 4 TPI Utility Construction, LLC Swiss Re Corporate Solutions America Insurance Corporation Robert L. Sherfick Attorney-in-Fact Michael Crabb Secretary Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C Member Brad Rynearson Melissa Taylor Office Manager EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2.If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3.If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4.When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5.The Surety’s obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6.If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7.When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 8.The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9.Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12.No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13.Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15.Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 4 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18.Modifications to this Bond are as follows: [Describe modification or enter “None”] None Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.” By Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President ofSRCSPIC & Senior Vice President ofWIC By Gerald Jagrowski, Vice President of SRCSAIC & Vice President ofSRCSPIC Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this _ ___ day of , 20 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois County of Cook ss Swiss Re Corporate Solutions Premier Insurance Corporation WestportInsurance Corporation On this day of , 20 _, before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC NANCY J. NONWEILER, JOHN W. HANNON III, JASON McELDOWNEY, and ROBERT L. SHERFICK JOINTLY OR SEVERALLY O FIFTY MILLION ($50,000,000.00) DOLLARS 10 10 NOVEMBER NOVEMBER 22 22 18th December 24 Docusign Envelope ID: 32803501-006F-4842-96F2-AE0C8997E58C EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00380-1 NOTICE TO PROCEED Owner: City of Carmel Utilities Owner's Contract No.: N/A Contractor: TPI Utility Construction, LLC. Contractor’s Project No.: N/A Engineer: Wessler Engineering, Inc. Engineer's Project No.: 266923.06.002 Project: River Road Water Main Extensions Effective Date of Contract: 01/15/2025 TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on January 15, 2025. [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, The Work on the River Road and 126th Street Water Main Extension will be substantially complete by March 28th, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions by April 30th, 2025. The Work on the River Road and Community Drive Water Main Extension will be substantially complete by April 30th, 2025 after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions by May 30th, 2025. Before starting any Work at the Site, Contractor must comply with the following: Provide submittals to Engineer for review and approval. Submit a construction schedule for completing the work within the Contract Times. Owner: Authorized Signature By: Title: Date Issued: January 15, 2025 Copy: Engineer F,Verify ^ffii]avit mrsuant to Indiana Code 22-5-I.7-11, the Contractor entering into a contract with the Owner is required to eurol] in and verify the work eligibility status of all its newly hired employees tthrough the E-Verify program. The Contractor is not required to verify the work eligibility status of` all its newly hired employees through the E-Verify program if the E-Verify program no longer exists. TThe undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the Owner, the undersigned Contractor will emoll in and agrees to verify the work eligibility status of all its new hired employees through the E-Verify program. Contractor)TPI Utility Construction, LLC By (Written Signature) Printed Name) Title) hL4muu Brad Rynearson Member ortant - Nota nature and Seal Re uired in the S,ace Below STATEOF Indiana COUNTYOF Boone Subscribedandswom to beforemethis 13th 20 24 . My commission expires: Residing in BOone 04. / 09 / 202.I (Signed) of` December Indiana s. Notary PJ_ibJtc, Sta(e a( Indfama SEAL .` 3 ^. _ ._ _Pco.r!6 Q`cijntyCol/imissk)r` r'umDer N-P0719061 JCort'j8§%oonz,:~`iir^-, E-VERIFY AFFIDAVIT 00360-1 County` State of December 23, 2024 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WATERFRONT OF WEST CLAY, SECTION 2, LOTS 91-A AND 92-A - REPLAT Dear Board Members: Paul Shoopman with Shoopman Home Building Group has requested a replat for lots 91-A and 92-A in section 2 of Waterfront of West Clay be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed and signed by the Department of Community Services and reviewed by the Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat. Sincerely, Bradley Pease, P.E. City Engineer ATTACHMENT: MYLAR PLAT This Resolution was prepared by Benjamin Legge, City Attorney, on December 20, 2024 at 8:30 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. RESOLUTION NO. BPW 01-08-25-01 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, Lieutenant Johnathan Alan Foster has provided over 32 years of meritorious service to the Carmel community as a Carmel Police Officer, and will be retiring on January 10, 2025; 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 Lieutenant Johnathan Alan Foster upon his retirement, at the direction of the Chief of Police: Lieutenant Johnathan Alan Foster’s Service Weapon, Glock Model 17, 9 mm Pistol and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. BPW 01-08-25-01 Page One of Two Pages This Resolution was prepared by Benjamin Legge, City Attorney, on December 20, 2024 at 8:30 a.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 , 2025, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 01-08-25-01 Page Two of Two Pages