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BPW Paperless Packet 01-22-25
Board of Public Works and Safety Meeting Agenda Wednesday January 22, 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.BID OPENINGS, RECOMMENDATIONS, AND AWARDS a.Bid Opening for 25-STR-02 Paving; Matt Higginbotham, Street Commissioner b.Bid Opening for 25-STR-01 106TH Bridge Repair; Matt Higginbotham, Street Commissioner c.Bid Award for 20-ENG-13 Intersection Improvements-106th and Westfield Roundabout; Brad Pease Director of Engineering 3.TABLED ITEMS a.Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 11-06-24 4.CONTRACTS a.Request for Business Associate Agreement; Indiana University Health, Inc.; Health Data Sharing Agreement; Chief Joel Thacker, Carmel Fire Department b.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 c.Request for Professional Services; Yard Group, LLC dba Yard & Company; ($70,500.00); Consulting Services; Additional Services Amendment; Mike Hollibaugh, Director of Department of Community Services d.Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($2,307,500.00); 106th Street and Westfield Boulevard Roundabout; Brad Pease, Director of Engineering e.Request for Professional Services; CrossRoad Engineers, P.C.;($430,000.00); 24- ENG-07 Towne Road Roundabout & Pedestrian Crosswalk Improvement; Additional Service Amendment #1; Brad Pease, Director of Engineering f.Request for Professional Services; CrossRoad Engineers, P.C.; ($279,000.00); 24- ENG-03 116th Street Thoroughfare Study from Keystone Ave to Hazel Dell Parkway; Additional Services Amendment #2; Brad Pease, Director of Engineering g.Request for Professional Services; CrossRoad Engineers, P.C.; ($494,850.00); 24- ENG-02 106TH & Lakeshore Drive Roundabout; Brad Pease, Director of Engineering h.Request for Professional Services; Indianapolis Parking, LLC; ($200,000.00); 24- ENG-23 Parking Study in Central Core of Carmel; Brad Pease, Director of Engineering i.Request for Memorandum of Understanding; City of Carmel; 2024 Lease Rental Bonds; Brad Pease, Director of Engineering j.Request for Purchase of Goods and Services; William Charles Construction Company, LLC; ($1,378,000.000; 23-04 Auman & Newark Neighborhood; Brad Pease, Director of Engineering k.Request for Professional Services; C.L. Coonrod & Company; ($108,561.00); Annual Comprehensive Financial Report; Additional Services Amendment; Zach Jackson, Chief Financial Officer l.Request for Agreement between City of Carmel and Vendor; Primelife Enrichment, Inc.; ($100,000.00); Funding for Operational Expenses; Zach Jackson, Chief Financial Officer m.Request for Purchase of Goods and Services; AVI Systems, Inc.; ($131,473.00); City of Carmel 2025 Service Plan; Additional Services Amendment; Kevin Cusimano, Director of Information Communication Services n.Request for Purchase of Goods and Services; Emergency Radio Services, LLC; ($239,317.10); Five New Tornado Sirens; Kevin Cusimano, Director of Information Communication Services o.Request for Professional Services; American Structurepoint, Inc.; ($102,060.00); 106th and Keystone Damage; Additional Services Amendment; Matt Higginbotham, Street Commissioner p.Request for Agreement between City of Carmel and Vendor; TPI Utility Construction, LLC; ($705,675.00); 2024 Water Main Improvements; John Duffy, Director of Utilities q.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 5.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Midtown Plaza; Special Request to Use Electricity; Live Music Wednesdays; March 5 through November 26, 2025; 5:30 PM to 9:15 PM; Jeff Blair, Fork and Ale Kitchen and Brewery b.Request to Use City Streets; 2025 Sam Costa Marathon; March 22, 2025; 6:00 AM to 2:00 PM; Terry Townsend, Indy Runners and Walkers c.Request to Use Civic Square Fountain Area and Civic Square Gazebo and Lawn; Additional Request to Use/Close City Streets; Special Request to Use Electricity, Fountain Restrooms, and James Building Restrooms; CarmelFest Festival, Fireworks, and Parade; July 2 through July 5, 2025; 10:00 AM to 10:00 AM; Stanley Lebron, Carmel Rotary Club 6.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.Request for Stormwater Technical Standards Waiver; 331 W Main Street; Nick Justice, P.E., CEC d.Request for Waiver of BPW Resolution No. 04-28-17-01; 775 E 96TH Street; AES Indiana e.Uniform Conflict of Interest; Scott Osborne f.Uniform Conflict of Interest; Gregory Webb g.Uniform Conflict of Interest; Michael McDonald h.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; 32 years of Meritorious Service; Chief Drake Sterling, Carmel Police Department i.Nomination to Carmel Plan Commission; Susan Westermeier 7.ADD-ONS 8.ADJOURNMENT Board of Public Works and Safety Meeting Minutes Wednesday, December 18, 2024 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER Chairwoman Campbell called the meeting to order at 10:00 AM MEMBERS PRESENT Chairwoman Laura Campbell, Board Members James Barlow and Alan Potasnik, and City Clerks Jacob Quinn and Jessica Dieckman are present. MINUTES Minutes from the December 4, 2024, Regular Meeting. Board Member Barlow moved to approve. Board Member Potasnik seconded. Minutes approved 3-0. BID OPENINGS, RECOMMENDATIONS, AND AWARDS Bid Opening for Neighborhood Drainage Improvements at Pawne Road & Auman Drive Loop Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: Contractor Bid Allstar Paving, Inc $2,187,524.70 Yarberry Companies, Inc. $1,860,631.00 Indiana Excavating Services LLC $1,559,440.00 Calumet Civil Contractors, Inc. $1,381,000.00 OLCO, Inc. $1,483,923.50 William Charles Construction $1,378,000.00 Morphy Construction $1,597,000.00 E&B Paving $1,487,295.00 Bid Opening for 20-ENG-13 Intersection Improvements-106th and Westfield Roundabout Board Member Potasnik opened the bids, and Board Member Potasnik read them aloud: Contractor Bid Calumet Civil Contractors Inc. $2,307,500.00 Reith Riley Construction $2,587,433.01 Morphy Construction $2,687,901.00 E&B Paving $2,364,889.54 Bid Award for 24-STR-09 Street Department Building Upgrades; Crystal Edmondson, Street Department, recommended awarding the bid to Kevin P. Sullivan, KPS Builders, Inc., for $425,795.00 as they were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. Bid Recommendation for 24-STR-07 106th St Bridge Repair; Crystal Edmondson, Street Department, recommended rejecting the bid. Our only bidder was Superior Construction. They made a mistake in their pricing calculations. We plan to rebid this project in January. Board Member Barlow moved to reject the bid. Board Member Potasnik seconded. Bid Rejected 3-0. Bid Award for 24-STR-08 Tarkington and Palladium Surface Replacement; Crystal Edmondson, Street Department, recommended awarding the bid to William Charlies Construction Company, LLC, for $730,000.00 as they were the lowest quote and most responsive. Board Member Barlow moved to approve. Board Member Potasnik seconded. Bid approved 3-0. Bid Award for Well 29; John Duffy, Director of Utilities, recommended awarding the bid to National Water Services, LLC, for $848,848.00 as they were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. Bid Award for West Ground Storage Tank Booster Pump Station: John Duffy, Director of Utilities, recommended awarding the bid to Theinaman Construction, Inc., for $5,448,000.00 as they were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. Bid Award for West Ground Storage Tank; John Duffy, Director of Utilities, recommended awarding the bid to Preload, LLC, for $6,288,000.00 as they were the lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member Barlow seconded. Bid approved 3-0. TABLED ITEMS Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 11-06-24 REMAINS TABLED CONTRACTS Request for Purchase of Goods and Services; United Construction Services; ($3,943.00); 20-ENG-06 Hydrant Extensions, Haverstick Multi-Use Path; CO #3; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Purchase of Goods and Services; United Construction Services; ($1,938.70); 20-ENG-06 Sode Repairs, Haverstick Multi-Use Path; C0 #4; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Purchase of Goods and Services; JKES Inc., dba Smith Projects; ($7,250.00); 22-SW-01 Additional Pumps, Springmill Run Culvert Replacement; CO #1; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Professional Services; Clark Dietz, Inc.; ($178,428.00); Auman-Newark Sidewalk and Drainage; Additional Services Amendment 2a; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Professional Services; CrossRoad Engineers, P.C.; ($75,000.00); On-Call Engineering and Inspection Services; Additional Services Amendment 12; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Agreement of Consulting Services; Andris Berzins; ($54,000.00); Sister Cities Community Engagement Consultant; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Purchase of Goods and Services; Howard Companies; ($23,760.00); 24-STR-03 Path Preservation; CO #1; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Purchase of Goods and Services; Howard Companies; ($189,435.44); 24-STR-02 Paving; CO #2; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Purchase of Goods and Services; Custom Truck Equipment, LLC; ($167,541.00); Forestry Truck; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Purchase of Goods and Services; Kevin P. Sullivan Builders, Inc d/b/a KPS Commercial Construction; ($425,795.00); 24-STR-09 Street Department Building Upgrades; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Purchase of Goods and Services; Mainscape, Inc.; ($77,894.00); Snow Removal; Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request for Purchase of Goods and Services; Pearson Ford, Inc.; ($126,995.00); Four 2025 Ford Maverick Hybrid XLT AWD; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request for Purchase of Goods and Services; William Charles Construction Company, LLC; ($730,000.00); 24-STR-08 Tarkington and Palladium Surface Replacement; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. REQUEST TO USE CITY STREETS/PROPERTY Request to use Midtown Plaza; Summer Yoga Series; May 17, June 21, August 16, 2025; 8:00 AM to 11:00 AM; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; August 23, 2025; 2:00 PM to 6:30 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; September 20, 2025; 2:00 PM to 6:30 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. OTHER Request for Stormwater Technical Standards Waiver; 13280 Six Points Road; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. ADD-ONS Board Member Barlow moved to add-on two items to the agenda. Board Member Potasnik seconded. The add-on was approved 3-0. Request for Professional Services; HUB International Midwest Limited; Retirement Investing Advisor; Sergey Grechukhin, Corporation Counsel, briefly speaks. As you will see, although the agreement was executed in late November, the process of switching to the new retirement investing advisor took some time, as specific policies and document transfers had to be accomplished before this item was introduced for your approval. Now that the Finance Department has accomplished that, we can move forward with the final execution on the City’s end. You may have already heard about this agreement through a press release, as it was one of Mayor Finkam's priority items. Still, this agreement establishes a new retirement investing advisor representative that will support the City’s 457(b) and 401(a) deferred compensation plans and provide financial wellness advice and investment education services to the City’s employees. HUB International was selected from several qualified submissions and presented the best proposal; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Board Member Potasnik moved to add-on two items to the agenda. Board Member Barlow seconded. The add-on was approved 3-0. Request for Agreement between City and Vender; Hamilton County Indiana; Auman-Newark Sidewalk & Stormdrain Improvements; Sergey Grechukhin, Corporation Counsel, briefly speaks, CDBG grants originate with the U.S. Department of Housing and Urban Development that accepts applications for neighborhood improvement plans from municipalities/government units around the country. The usual purposes for the grants include public infrastructure improvements such as roadway improvements, sidewalks and other related infrastructure improvements (curbs, drainage, stormwater, etc), connectivity improvements, etc. Hamilton County applies for bulk CDBG grants for the units within the county, including Carmel. The County is considered a grantee. In turn, municipalities within the County submit infrastructure improvement proposals that may be eligible for the CDBG funds- these municipalities are called subrecipients. Carmel submitted and will be a subrecipient of such a grant in the designated amount for public infrastructure improvement within the Auman-Newark subdivision. Specifically, the upgrades will include 5870 linear feet of new public sidewalk and curb and stormwater drain updates. All updates must be completed by August 1, 2026, and the bids for the project will be open on Wednesday. We must also meet some federal standard requirements: construction, administrative, anti-discrimination, labor, environmental, etc. Carmel standards either meet or frequently exceed those. The Agreement outlines these provisions in more detail. In sum, the CDBG grants offset the cost of specific eligible projects for local municipalities and have been a source of additional funds supplementing our budgets. Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 3-0. Board Member Potasnik moved to add-on two items to the agenda. Board Member Barlow seconded. The add-on was approved 3-0. Request for Purchase of Goods and Services; Lenco Armored Vehicles;($378,599.00); Bearcat Armored Vehicle; Benjamin Legge, Corporation Counsel, briefly speaks; the Carmel Police Department respectfully requests that the attached Agreement for the purchase of a Lenco BearCat (an armored security vehicle for SWAT. This contract was delayed due to quoting errors and term negotiations. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. Board Member Barlow moved to add two items to the agenda, and Board Member Potasnik seconded. The add-on was approved 3-0. Request for Purchase of Goods and Services; Pearson Ford, Inc.;($90,152.50); Two 2024 Ford F- 150 STX; Additional Services Amendment; Benjamin Legge, Corporation Counsel, briefly speaks; the Carmel Police Department respectfully requests for budgetary purposes, CPD would like to move forward with the purchase in this calendar year. It was only recently determined that the purchase of the two trucks needed to be combined under one ASA, and for budgetary purposes, the Department would like to move forward with the purchase this calendar year. This item qualifies for a special purchase exemption because of the government discount and savings to the department. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 3-0. ADJOURNMENT Chairwoman Campbell adjourned the meeting at 10:29 AM. APPROVED: ____________________________________ Jacob Quinn – City Clerk _____________________________________ Chairwoman Laura Campbell ATTEST: __________________________________ Jacob Quinn – City Clerk 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 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 1 of 11 IU Health ACE ver 8.2021 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (“BAA”), by and between Carmel Fire Department (“Business Associate”), of The City of Carmel, and Indiana University Health, Inc. and its then current participants under common ownership or control that have been designated as an Affiliated Covered Entity (individually and collectively referred to herein “Covered Entity”), of Fairbanks Hall, Suite 6100, 340 West 10th Street, Indianapolis, Indiana 46202, is made and effective as of January 13, 2025 . RECITALS WHEREAS, Business Associate and Covered Entity have entered into, and may in the future enter into, one or more agreements, that requires access, creation, receipt, maintenance and/or transmission of PHI (individually and collectively referred to herein “Service Agreement”); and WHEREAS, Business Associate agrees to provide certain services (“Services”) for or on behalf of Covered Entity in accordance with the parties’ Service Agreement; and WHEREAS, in connection with those Services, Covered Entity plans to disclose to Business Associate certain Protected Health Information (“PHI” – used to refer specifically to data controlled or owned by Covered Entity), including electronic PHI or ePHI, (as defined in 45 C.F.R. § 160.103) that is subject to protection under the Health Insurance Portability and Accountability Act of 1996, Public Law No. 104-191 (“HIPAA”) Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”, 45 C.F.R. Parts 160 and 162 and Part 164, Subparts A and E); and 45 C.F.R. Parts 160 and 162 and Part 164, Subparts A and C, the Security Standards for the Protection of Electronic Protected Health Information (“Security Rule”); Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), also known as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-005 (“ARRA”); and 45 C.F.R. Parts 160 and 164 Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the HITECH Act and the Genetic Information Nondiscrimination Act; OtherModifications to the HIPAA Rules; Final Rule - all together, as amended from time to time, hereinreferred to as the "Privacy and Security Rules"; and WHEREAS, Covered Entity and Business Associate acknowledge that each has obligations in its respective role as Covered Entity and Business Associate under the Privacy and Security Rules, as well as regulations promulgated thereunder; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI accessed by or disclosed to Business Associate pursuant to their Service Agreement in compliance with this BAA and the Privacy and Security Rules; and WHEREAS, the purpose of this BAA is to satisfy certain standards and requirements of the Privacy and Security Rules, including the requirement of an appropriate agreement between Covered Entity and Business Associate that meets the applicable requirements of the Privacy and Security Rules. NOW THEREFORE, in consideration of the mutual promises and covenants, herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.Definitions. Page 1 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 2 of 11 IU Health ACE ver 8.2021 Capitalized terms used in this BAA and not otherwise defined herein shall have the same meanings set forth in the Privacy and Security Rules which definitions are incorporated in this BAA by this reference. For the purposes of this BAA, the definition of “Covered Entity” shall include those participants under common ownership or control of Indiana University Health, Inc. (“IU Health”) that have been designated as a single Affiliated Covered Entity pursuant to the Privacy Rule, 45 C.F.R. §164.105(b). The IU Health Privacy Office maintains a list of the participant members of the IUHealth Affiliated Covered Entity, which are deemed incorporated herein by reference as “Covered Entity” the same as if copied at length, which may include, but not be limited to, thoselisted online at https://iuhealth.org/patient-family-support/privacy-policy. Business Associatemay request a copy of the IU Health Affiliated Covered Entity participant list at any time bycontacting the Privacy Office via phone: 317-963-1940, e-mail: HIPAA@iuhealth.org or mail atthe address set forth in Section 5. below. 2.Permitted Uses and Disclosures by Business Associate. a.Performance of Services. Minimum Necessary. Except as otherwise limited in this BAA,Business Associate may only use or disclose PHI to perform the Services set forth in theService Agreement, as permitted or required by this BAA, or as Required by Law.Business Associate agrees to limit its uses, disclosures and requests for PHI to theminimum amount necessary to perform its obligations. b.Proper Management and Administration. Except as otherwise limited in this BAA,Business Associate may use or disclose PHI as necessary for Business Associate’s propermanagement and administration or to fulfill its legal responsibilities, provided that: (1) the disclosures are Required by Law, or (2) Business Associate obtains reasonableassurances from the third party to whom the PHI is disclosed in the form of a writtenagreement with terms similar to and consistent with this BAA that the PHI will remain confidential and used or further disclosed only as Required by Law or for the purposesfor which it was disclosed to the third party, and the third party notifies BusinessAssociate of any instances of which it is aware in which the confidentiality of the PHI has been breached. c.Data Aggregation. Except as the parties might otherwise agree in writing, BusinessAssociate shall only provide data aggregation services on Covered Entity’s behalf if specifically directed to do so in writing. d.De-Identified Information. Business Associate may create, use and disclose de-identifiedinformation if required for purposes of providing Services or as agreed in the ServiceAgreement. Other than these uses, Business Associate shall not use Covered Entity’s de-identified information for its own purposes, except on a case by case basis with CoveredEntity’s separate prior written agreement for a proposed use. De-identification mustcomply with 45 C.F.R. § 164.502(d), and any such de-identified information must meetthe standard and implementation specifications for de-identification under 45 C.F.R. § 164.514(a) and (b), or as they may be amended from time to time. 3.Prohibition on Certain Uses and Disclosures and Compliance with Transaction Standards. a.As Permitted in this BAA. Business Associate shall not use or disclose Covered Entity’s PHI other than as permitted or required by this BAA or as Required by Law. This BAA Page 2 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 3 of 11 IU Health ACE ver 8.2021 does not authorize the Business Associate to request, use, disclose, maintain or transmit PHI in any manner that violates the Privacy and Security Rules if done by Covered Entity. b.Electronic Transactions. Business Associate hereby represents and warrants that to theextent it is transmitting any HIPAA Transactions for Covered Entity, the format andstructure of such transmissions shall be in compliance with the Standards for Electronic Transactions under 45 C.F.R. § 164.501 provided that it is Covered Entity’sresponsibility to ensure that appropriate Code Sets are used in the coding of services andsupplies. 4.Safeguards, Subcontractors, Training and Enforcement. a.Safeguards. In accordance with Subpart C of 45 C.F.R. Part 164, Business Associateshall implement and use appropriate and industry best practice technical, administrativeand physical safeguards to prevent unauthorized use or disclosure of Covered Entity’sPHI. Agents/Subcontractors. In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and164.308(b)(2), before disclosing any PHI received from Covered Entity or created onbehalf of Covered Entity, Business Associate will enter into a written agreement withany agents and subcontractors that create, receive, maintain, or transmit PHI on behalfof Business Associate, and the terms of such agreement shall be at least as stringent asthe restrictions and conditions with respect to the use, protection and disclosure of suchPHI that apply to Business Associate pursuant to this BAA. Business Associate will ensure that any agents and subcontractors to whom it provides PHI agree to implementreasonable and appropriate safeguards to protect such information. b.Training. Business Associate shall provide all of its employees and members of its workforce who will have access to PHI with general HIPAA-related training andeducation prior to allowing the employees and members of its workforce access to PHI. c.Audit, Inspection and Enforcement. Business Associate agrees that upon reasonable notice of at least ten (10) business days, Covered Entity may audit Business Associate’ssecurity and privacy policies and procedures, including its security safeguards, to ensurethe appropriate protections are in place for Covered Entity’s data. Such audit by CoveredEntity may be performed by Covered Entity or a third party of Covered Entity’s choosingat Covered Entity’s sole cost and expense. If the audit reveals any deficiencies, BusinessAssociate shall promptly address. 5. Obligation of Business Associate. a.Access to Information. Within ten (10) business days of request from Covered Entity,Business Associate shall make available PHI in a Designated Record Set, to CoveredEntity, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.524,including providing or sending a copy to a designated third party and providing orsending a copy in electronic format, to the extent that the PHI in Business Associate’spossession constitutes a Designated Record Set. Business Associate will not responddirectly to an Individual’s request for access to their PHI held in the Business Associate’s Designated Record Set. Business Associate will direct the Individual to the CoveredEntity so that Covered Entity can coordinate and prepare a timely response to theIndividual. Page 3 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 4 of 11 IU Health ACE ver 8.2021 b.Amendment of PHI. Within ten (10) business days of request from Covered Entity,Business Associate shall make any amendment(s) to PHI in a Designated Record Set, asnecessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.526. Business Associate will not respond directly to an Individual’s request for an amendment of hisPHI held in the Business Associate’s Designated Record Set. Business Associate willdirect the Individual to the Covered Entity so that Covered Entity can coordinate and prepare a timely response to the Individual. c.Accounting of Disclosures. Business Associate agrees to document all disclosures ofPHI which would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures in accordance with 45 C.F.R. § 164.528 and the HITECH Act. Within ten (10) business days of notice by Covered Entity to Business Associatethat Covered Entity has received a request for an accounting of disclosures of PHI,Business Associate shall make available to Covered Entity information to permitCovered Entity to respond to the request. Business Associate will not respond directlyto an Individual’s request for an accounting of disclosures and will direct Individual toCovered Entity. Business Associate will direct the Individual to the Covered Entity sothat Covered Entity can coordinate and prepare a timely accounting for the Individual. d.Remuneration. Business Associate shall not directly or indirectly receive remuneration in exchange for any PHI as prohibited by 45 C.F.R. § 164.502(a)(5)(ii). e.U.S. Department of Health and Human Services. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure ofPHI available to the Secretary of the Department of Health and Human Services forpurposes of determining Covered Entity's compliance with the Privacy and Security Rules. Unless the Secretary directs otherwise or it is otherwise prohibited by law,Business Associate shall promptly notify Covered Entity of Business Associate’s receiptof such request, so that Covered Entity can assist in compliance with that request. f.Judicial and Administrative Proceedings. In the event Business Associate receives asubpoena, court or administrative order or other discovery request or official mandate forrelease of PHI, Business Associate shall notify Covered Entity in writing prior toresponding to such request to enable Covered Entity to object. Business Associate shallnotify Covered Entity of the request as soon as reasonably practicable, but in any event,within two (2) business days of receipt of such request. g.Reporting. Time is of the essence. Business Associate shall immediately notify, no laterthan two (2) business days from Discovery of a potential event affecting CoveredEntity’s data, the designated Chief Privacy Officer of the Covered Entity of: (1) any useor disclosure of PHI by Business Associate not permitted by this BAA; (2) any SecurityIncident; (3) any Breach of Unsecured Protected Health Information as defined in theHITECH Act; or (4) any other security breach of an electronic system, or the like, assuch may be defined under applicable state law, including but not limited to Indiana Code24-4.9. For purposes of this BAA, “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information orinterference with system operations in an information system. Covered Entity requiresprompt notification from Business Associate if Business Associate experiences any Security Incident that compromises the confidentiality, integrity or availability of Covered Entity’sdata or information systems. This section serves as notice of any unsuccessful Security Page 4 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 5 of 11 IU Health ACE ver 8.2021 Incident which includes, but is not limited to: pings and other broadcast attacks on Business Associate’s firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, and does not result in unauthorized access, use or disclosure of PHI. h.Breach. Within two (2) business days of Discovery of a reportable Security Incident asdescribed above or Breach of Unsecured PHI, Business Associate shall notify Covered Entity of the existence and nature of the incident as understood at that time. BusinessAssociate shall immediately investigate the incident and within ten (10) business days ofDiscovery shall provide to Covered Entity, in writing, a report describing the results of Business Associate’s investigation, including: 1)the date of the Breach;2)the date of the Discovery of the Breach;3)a description of the types of PHI that were involved;4)identification of each individual whose PHI has been, or is reasonably believed tohave been, accessed, acquired, or disclosed; and5)any other details necessary to complete a risk assessment in accordance with theHITECH Act. Reporting and other communications made to the Covered Entity under this section must be made to the Covered Entity’s Chief Privacy Officer at: Indiana University Health ATTN: Privacy Office 340 W. 10th Street Fairbanks Hall - Suite #3100 Indianapolis, IN 46202 Phone: 317-963-1940 Email: HIPAA@iuhealth.org Business Associate shall cooperate with Covered Entity in investigating a Breach and in meeting Covered Entity’s obligations under the HITECH Act, and any other security breach notification laws or regulatory obligations. The parties shall review the circumstances surrounding each reportable Breach and determine whether Covered Entity or Business Associate will send or cause notifications to be sent directly to affected Individuals; provided, however, Business Associate shall remain responsible for the mandatory reporting of a Breach for which Business Associate is responsible to the Office of Civil Rights. All breach notifications will comply with the requirements of 45 C.F.R. § 164.404, and in the event Business Associate is providing the breach notification to affected Individuals, Business Associate will provide Covered Entity with an advance copy of the proposed letter for review and comment. i.Incident Costs. To the extent a Breach of Unsecured PHI was proximately caused byBusiness Associate for which HIPAA requires notice to be provided to individualspursuant to 45 C.F.R. §§ 164.404 and 164.406, Business Associate shall be responsible for all costs associated with the incident, including but not limited to: (i) costs to printand mail the notification letters to affected individuals; (ii) media notification costs tothe extent such media notification is required by applicable law; (iii) costs for Business Associate to set up a call center if Business Associate reasonably determines that such isnecessary to handle inquiries; and (iv) credit monitoring costs if reasonably necessary to Page 5 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 6 of 11 IU Health ACE ver 8.2021 mitigate harm for affected individuals. Covered Entity may, but shall not be obligated to, perform Business Associate’s obligations required by this section; and whenever Covered Entity so elects, all costs and expenses thereby incurred by Covered Entity shall be paid by Business Associate to Covered Entity within thirty (30) days of receipt of an invoice for same from Covered Entity. j.Mitigation. Business Associate will cooperate with Covered Entity’s efforts to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a useor disclosure of PHI by Business Associate not provided for in the Service Agreement orthis BAA or that is not in accordance with HIPAA and the HITECH Act or other applicable law. k.Notice of Privacy Practices. Business Associate will abide by the limitations of anyNotice of Privacy Practices (“Notice”) published by Covered Entity of which CoveredEntity provides notice to Business Associate in accordance with the Covered EntityObligations section of this BAA. The Notice is available on-line athttps://iuhealth.org/patient-family-support/privacy-policy. l.Security Requirements. Business Associate shall comply and shall cause its workforceto comply (to the extent applicable to individuals) with the terms and conditions set forthin Covered Entity’s information security requirements available on-line athttps://iuhealth.org/about-our-system/vendor-relations, subject to change from time totime by Covered Entity, with the then current version deemed incorporated herein by reference the same as if copied at length (“Security Requirements”). Business Associateshall promptly, fully and accurately complete Covered Entity’s Information TechnologyRisk Assessment (ITRA) and other documents or requests for information regarding Business Associate’s information security practices. m.Additional Requirements for Part 2 Records. To the extent Business Associate is a“Qualified Service Organization” as defined under 42 CFR §2.11 rendering services to a Part 2 “Program” as defined under 42 CFR §2.11 (i.e. providing substance use disordertreatment) within a division of Covered Entity, then Business Associate agrees to thefollowing: (i) in receiving, storing, processing or otherwise dealing with any PHI fromthe Part 2 Program within Covered Entity, Business Associate is fully bound by theprovisions of the federal regulations governing Confidentiality of Alcohol and DrugAbuse Patient Records, 42 CFR Part 2; and (ii) if necessary, Business Associate will resist in judicial proceedings any efforts to obtain access to PHI from the Part 2 Programexcept as expressly permitted in 42 CFR Part 2. 6. Obligations of Covered Entity. a.Notification of Changes Regarding Individual Permission. Covered Entity will notifyBusiness Associate of any changes in, or revocation of, permission by an Individual touse or disclose PHI, to the extent that such changes may affect Business Associate’s useor disclosure of PHI. Covered Entity will provide such notice to Business Associate whoshall implement the change no later than fifteen (15) business days after such notice. Covered Entity will obtain any consent or authorization that may be required by thePrivacy or Security Rules, or applicable state law, prior to furnishing Business Associatewith PHI. If the use or disclosure of PHI in this BAA is based upon an Individual’s specific authorization for the use of his PHI, and the Individual revokes suchauthorization in writing, or the effective date of such authorization has expired, or Page 6 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 7 of 11 IU Health ACE ver 8.2021 authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, upon receipt of notice from Covered Entity of such revocation or invalidity, to cease the use and disclosure of any such Individual’s PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy and Security Rules expressly applies. b.Notification of Restrictions to Use or Disclosure of PHI. Covered Entity will notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entityhas agreed to in accordance with 45 C.F.R. § 164.522 or 42 U.S.C. § 17935(a), to theextent that such restriction may affect Business Associate’s use or disclosure of PHI. If Business Associate reasonably believes that any restriction agreed to by Covered Entitypursuant to this Section may materially impair Business Associate’s ability to performits obligations under the Service Agreement or this BAA, the parties will mutually agreeupon any necessary modification of Business Associate’s obligations under suchagreements. 7.Insurance and Indemnification. a.Insurance. Business Associate represents and warrants that during the term of theService Agreement, it shall maintain commercially reasonable and sufficient insuranceto adequately underwrite the potential risks associated with the Services, including butnot limited to regulatory or administrative investigations or fines and maintainingappropriate cybersecurity insurance coverage for privacy and security risks. Upon request, Business Associate shall provide evidence of the aforesaid insurance coverageto Covered Entity. b.Indemnification. The indemnification provisions set forth in the parties’ Service Agreement are incorporated herein by reference such that Business Associate willindemnify and hold Covered Entity harmless for any use or disclosure of PHI by Business Associate that violates the Privacy and Security Rules or other breach of this BAA. 8.Term and Termination. a.Term. The term of this BAA shall be coterminous with that of the Service Agreementand shall terminate at the expiration or termination of that Agreement or when all of thePHI provided by Covered Entity to Business Associate, or created or received byBusiness Associate on behalf of Covered Entity, is destroyed or returned to CoveredEntity. b.Termination for Breach. Upon either party’s knowledge of a material breach by the other party of this BAA, the non-breaching party will provide written notice to the breachingparty detailing the nature of the breach and provide an opportunity for the breach to becured within thirty (30) business days. Upon expiration of such thirty (30) day cureperiod, the non-breaching party may terminate this BAA and, at its election, the ServiceAgreement or other underlying agreement if cure has not been affected or is not possible. c.Effect of Termination. Upon termination of the Service Agreement or this BAA, for anyreason, Business Associate shall return or destroy (as directed by Covered Entity) all PHI received from Covered Entity, or created, maintained, or received by Business Associateon behalf of Covered Entity, that Business Associate maintains in any form. BusinessAssociate shall retain no copies of the PHI unless otherwise specifically agreed in writing Page 7 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 8 of 11 IU Health ACE ver 8.2021 by the parties. Business Associate shall also be responsible for ensuring the return or destruction of PHI in the possession of Business Associate’s subcontractors or agents in accordance with this Section. Business Associate shall certify in writing to Covered Entity the proper and timely return or destruction of PHI within ten (10) days of the termination of this BAA. If it is not feasible to return or destroy such PHI upon termination of this BAA, then Business Associate shall: i.so inform Covered Entity, and Business Associate shall extend the protectionsof this BAA to the PHI and limit any further uses and disclosures; ii.retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out Business Associates’ legal responsibilities; iii.continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R.Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI,other than as provided for in this Section, for as long as Business Associate retains the PHI; iv. not use or disclose the PHI retained by Business Associate other than for thepurposes for which such PHI was retained and subject to the same conditions setout above which applied prior to termination; and v. when it becomes feasible, return to Covered Entity or destroy the PHI retainedby Business Associate when it is no longer needed by Business Associate for itsproper management and administration or to carry out its legal responsibilities.The terms and conditions of this section shall survive the expiration ortermination of the Service Agreement. 9.Miscellaneous Provisions. a.Notices. Any notices pertaining to this BAA shall be given in writing and shall be deemed duly given to a party or a party's authorized representative identified in theService Agreement in accordance with the Agreement’s notice provision or, if no suchprovision exists, within three days of having sent the mail via certified USPS mail or via e-mail with electronic return-receipt received. b.Privacy and Security Responsible Individuals. Business Associate shall provide toCovered Entity the contact information for primary individuals responsible for privacy and security compliance for Business Associate’s organization. c.Amendments. This BAA may not be changed or modified in any manner except by aninstrument in writing signed by a duly authorized officer of each of the parties hereto.The parties acknowledge that the Privacy and Security Rules and the HITECH Act maybe modified from time to time. In the event of any such change, both parties agree toimmediately enter into good faith negotiations to amend this BAA, through a writtendocument signed by the parties, to conform to any new or revised legislation, rules andregulations to which the parties are subject. d.Interpretation. Any ambiguity in this BAA shall be interpreted to permit the CoveredEntity to comply with the Privacy and Security Rules and the HITECH Act. Page 8 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 9 of 11 IU Health ACE ver 8.2021 e.Geographic Prohibitions. Business Associate shall not create, receive, maintain,transmit, store, process, use or disclose PHI outside of the United States without thewritten consent of Covered Entity. f.Choice of Law. This BAA and the rights and the obligations of the parties hereunder shallbe governed by and construed under the laws of the State of Indiana, agreeing not toapply the conflict of laws principles. g.Assignment of Rights and Delegation of Duties. This BAA is binding upon and inuresto the benefit of the parties hereto. Neither party may assign any of its rights or delegateany of its obligations under this BAA without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. h.Data Ownership. Unless otherwise specifically set forth in the Service Agreement,Covered Entity owns or controls, and shall continue to own or control, any and all dataand PHI shared with Business Associate in order to allow Business Associate to performits Services under the Service Agreement. i.Nature of BAA. Nothing in this BAA shall be construed to create (i) a partnership, jointventure or other joint business relationship between the parties or any of their affiliates,(ii)any fiduciary duty owed by one party to another party or any of its affiliates, or (iii)a relationship of employer and employee between the Parties. j.No Waiver. Failure or delay on the part of either party to exercise any right, power,privilege or remedy hereunder shall not constitute a waiver thereof. No provision of this BAA may be waived by either party except by a writing signed by an authorizedrepresentative of the party making the waiver. k.Severability. The provisions of this BAA shall be severable, and if any provision of this BAA shall be held or declared to be illegal, invalid or unenforceable, the remainder ofthis BAA shall continue in full force and effect as though such illegal, invalid orunenforceable provision had not been contained herein. l.No Third Party Beneficiaries. Nothing in this BAA shall be considered or construed asconferring any right or benefit on a person not party to this BAA or imposing anyobligations on either party hereto to persons not a party to this BAA. m.Headings. The descriptive headings of the articles, sections, subsections, exhibits andschedules of this BAA are inserted for convenience only, do not constitute a part of thisBAA and shall not affect in any way the meaning or interpretation of this BAA. n.Independent Contractors / No Agents. Nothing contained in this BAA is intended to be,nor shall be deemed or construed to constitute Covered Entity and Business Associate aspartners, joint ventures, co-principals, agents, or associates in connection with theServices and sharing of PHI, and Business Associate shall perform its duties andobligations hereunder as an independent contractor and not as an agent. o.Entire Agreement. This BAA, together with any attached exhibits, statements of work,riders and amendments constitutes the entire agreement between the parties hereto withrespect to the subject matter hereof and supersedes all previous written or oral Page 9 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 10 of 11 IU Health ACE ver 8.2021 understandings, agreements, negotiations, commitments, and any other writing and communication by or between the parties with respect to the subject matter hereof. In the event of any inconsistency between the provisions of this BAA and the provisions of the Service Agreement, the provisions of this BAA shall control as to the protection, use or disclosure of PHI. In the event of inconsistency between the provisions of this BAA and any mandatory provisions of the Privacy and Security Rules, as amended, or their interpretation by any court or regulatory agency with authority over Business Associate or Covered Entity, such interpretation or rule will control; provided, however, that if any relevant provision of or amendment to the Privacy and Security Rules changes the obligations of Business Associate or Covered Entity that are embodied in the terms of this BAA, then the parties agree to operate in compliance with the amendment, interpretation or provision and to negotiate in good faith appropriate non-financial terms or amendments to this BAA to give effect to such revised obligations. Where provisions of this BAA are different from those mandated in the Privacy and Security Rules but are nonetheless permitted by such rules as interpreted by courts or agencies, the provisions of this BAA will control. p.Regulatory References. A citation in this BAA to the Code of Federal Regulations or thePrivacy and Security Rules shall mean the cited section or rule as it may be amended from time to time. q.Reciprocal Obligations. In the event that Covered Entity acts as a “business associate” to Business Associate, then Covered Entity shall provide the same protections asBusiness Associate hereunder to Business Associate and agrees to be bound by the termsof this BAA the same as Business Associate with respect to such PHI of Business Associate. r.Authorizations. The individual signing this BAA on behalf of Covered Entity representsand warrants that the participant covered entity members of the IU Health Affiliated Covered Entity have agreed to be bound by the terms of this BAA and that he/she isauthorized to execute this BAA. The individual signing this BAA on behalf of theBusiness Associate represents and warrants that he/she is signing this BAA in his/her official capacity and that he/she is authorized to execute this BAA. IN WITNESS WHEREOF, the parties have executed this BAA contemporaneously with the effective dates of the Service Agreement. Carmel Fire Department The City of Carmel IU Health Affiliated Covered Entity Indiana University Health, Inc. (Business Associate) (Covered Entity) Signed Click or tap here to enter text. Signed Printed Printed Page 10 of 12 All Business Associate Agreements must be reviewed and approved by the IU Health Privacy Office. Do not edit this document without permission of the Privacy Office or the Chief Privacy Officer. To contact the Privacy Office, please call 317-963-1940 or email HIPAA@iuhealth.org. Page 11 of 11 IU Health ACE ver 8.2021 BUSINESS ASSOCIATE LISTING INFORMATION – Complete at BAA Signature: In order to comply with the OCR request to provide detailed information about business associates, please provide the following information: Business Associate Privacy Officer : Business Associate Security Officer: Name: Andrew Young Name: Kevin Cusimano Phone: 317-571-2600 Phone: 317-714-3195 E-mail: asyoung@carmel.in.gov E-mail: kcusimano@carmel.in.gov Address: 210 Veterans Way Carmel, IN 46032 Address: 10701 N College Ave, Suite A Carmel, IN 46280 Page 11 of 12 Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Page 12 of 12 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 CzBmmjtpoMzodi.NdHsbuibu21;23bn-Kbo24-3136 1/9/2025 YARD & COMPANY CINCINNATI, OH 45202 - 114304 1542 PLEASANT STREET 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 55,000 for Build Stage of Home Place Small Area Plan Project Dept of Community Service 1 Civic Square Carmel, IN 46032- 376189 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 95537 1192Department:101Fund:General Fund 43-404.00Account: Consultingservices1 $70,500.00 $70,500.00Each 70,500.00SubTotal 70,500.00 2025 Expenses not to exceed $15,500 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. 114304 ORDERED BY TITLE Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh Zac Jackson Director CFO CzTfshfzHsfdivlijobu:;36bn-Kbo25-3136 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 thereof. 3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due and payable. Final payment toContractor shallnot become due and payable until and unless all Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and performed inaccordance with theContract Documents and issatisfactory toandapproved byCity. 3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity except those arising from: a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled; b. Failure ofthe Work tocomply withthe requirements oftheContract Documents; c. Terms ofspecial warranties required bytheContract Documents; d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment; e. Claims byCityattributable todefective work orprior corrective work, appearing after final inspection; f. Failure ofthe Work tocomply withthe requirements oftheContract Documents; g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties, guarantees ormaintenance bonds specified bytheContract Documents orarising thereunder; and h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations under theContract andtheContract Document. 3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis Agreement, previously made inwriting and submitted inatimely manner, and specifically identified and reserved byContractor asunresolved intheapplication for finalpayment. 4. CONTRACT DOCUMENTS: 4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor acknowledges thatallreferenced Contract Documents are apartofthisAgreement. 4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the 2 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the acceptability, accuracy orcompleteness oftheContract Documents orother information anddata prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with respect toanypatent orlatent defects, deficiencies, errors andomissions therein. 4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City. 4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire allitems andaspects oflabor, material, equipment, services and transportation incidental toor necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe Project. The Contract Documents are complementary, andwhat isrequired by any onedocument shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may, atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa shall beconsidered aspartofthe Work, thesame as though included inboth. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required bytheContract Documents with reasonable promptness and insuch sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors. IfContractor shall make changes indesign, including dimensional changes, either through shop drawings oractual field work, itshall accept the responsibility forthe structural and functional adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or functional inadequacies which maydevelop because ofsuch changes shall beremedied by Contractor unless such change isspecifically included inachange order. 4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt fromsales and compensating use taxes onalltangible personal property (materials, equipment and components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise fees andtaxes ofany kind whatsoever. 5. WARRANTY: 5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe Goods and Services/theWork covered bythis Agreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by 3 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely, goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient fortheirparticular purpose. 5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract Documents willbe ofthebestquality andnew unless theContract Documents require orpermit otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods, Work, materials, orequipment not conforming tothese requirements may beconsidered defective. Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish satisfactory evidence astothekind andquality ofmaterials and equipment. 5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall payCity forallexpenses incurred inany delay caused byremedying defective orotherwise nonconforming Work. 5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this Section shall survive completion and acceptance oftheWork and Project and termination ofthe Agreement. 5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork, Contractor shall assign toCityall warranties obtained orobtainable byContractor from manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of reproducible drawings withallfield changes noted onthem relating totheimprovements constructed under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce and effect. 5.6 Notwithstanding anything tothecontrary contained inContract Documents with respect to warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect, limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot appear within theapplicable warranty period following acceptance ofthe Work and which could not, bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any such latent defects which arereported toContractor byCityinwriting within ninety (90) days after such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be 4 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects shall remain infull force and effect andforthe same duration as withany other warranty provided in this Article orotherwise available orprescribed bylaw. 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely manner. Time isoftheessence ofthis Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings, samples, submittals and materials, machinery orequipment which may be inthecourse of preparation ofmanufacture. 6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing, without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use extralabor, and undertake allother means necessary tobringthe Work back on schedule. 6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto byContractor between oramong the Contract Documents, thecontrolling timeorduration for such action, submissions, notices orresponses thereto byContractor shall betheearlier of such times and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise. 7. MEANS AND METHODS: Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety precautions and programs inconnection withprovision ofGoods and Services andrelated work under the Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods, techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s negligent acts oromissions orfailure toperform. 8. DISCLOSURE AND WARNINGS: Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services. 9. PROTECTION OFWORK: Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury 5 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 10. SUBCONTRACTS: Byappropriate agreement, written where legally required forvalidity, Contractor shall require each subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities, including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents, assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to enter intosimilar agreements withitssubcontractors. 11. LIENS: Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand expense. 12. DEFAULT: Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto 1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights and remedies available toCityatlaw and/orinequity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury, sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder this Agreement orContractor’suse ofCity property. 6 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder, Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph. 13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands, causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim, suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury, sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty, including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission, wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity. 13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance required ofor provided to Contractor under the Agreement. The indemnification and hold harmless obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws, orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis Agreement. 15. NONDISCRIMINATION: Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, 7 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 16. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program. Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply should theE-Verify program cease toexist. 17. OWNERSHIP AND USE OFDOCUMENTS: TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot; accordingly, such materials may beused by theCity for information andreference and inconnection with City’s involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from City’suseoralteration oftheabove-referenced documents onany unrelated project. 18. NOIMPLIED WAIVER: Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe same orany other provision hereof. 19. NON-ASSIGNMENT: Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall notdelegate itsobligations under this Agreement without City’sprior written consent. 20. RELATIONSHIP OFPARTIES: The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to Contractor under orpursuant tothis Agreement. 8 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to resolving such disputes ordisagreements inanamicable, professional and expeditious manner so astoavoid unnecessary losses, delays and disruptions totheWork. Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years after thedateofSubstantial Completion ofthe Work. AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe State ofIndiana, except foritsconflict oflaws provisions. 21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that, intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale. Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas binding upon surety asthough surety were named and joined insuch proceeding, provided that Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or resolved thereby. 21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall proceed withfurnishing the Work, including disputed performance, despite theexistence of, and without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue performing under such circumstances shallconstitute adefault under thisAgreement. 21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor shall furnish andpresent toCity non-privileged evidence, documentation and other information to support itsclaim, defense orother position with respect thereto. 21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there and other components ofhome office overhead, forlosses offinancing, business andreputation, for 9 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit except anticipated profit arising directly from theWork being performed hereunder. This waiver is applicable, without limitation, toallconsequential damages due toeither party’stermination in accordance with this Agreement. 22. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 23. NOTICE: Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 IftoContractor: 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 - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 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 - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 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 - 2025 Appropriation #2200 044-628.712020Road Bond Fund; P.O. #114299 Contract NotToExceed $2,307,500.00 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. 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 CzTfshfzHsfdivlijobu9;59bn-Kbo19-3136 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 CzTfshfzHsfdivlijobu5;24qn-Kbo25-3136 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 Two Hundred Thousand Dollars ($200,000.00) (the “Estimate”). Professional shall submit aninvoice to Citynomore than once every thirty (30) daysfor Services provided Cityduring thetimeperiod encompassed bysuch invoice. Invoices shall besubmitted onaformcontaining thesame information asthat contained on the Professional Services Invoice attached hereto asExhibit B, incorporated herein bythis reference. City shall pay Professional forallundisputed Services rendered and stated on such invoice within thirtyfive (35) days from thedateofCity’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 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 In theevent offullorpartial Agreement termination, and as full andcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe date oftermination thatare notindispute, except thatsuch payment amount shall notexceed 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 Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither 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 by City asaresult ofany claim forwages, 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 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 shallnotcause orpermit the filingofanylienonanyofCity’sproperty. Intheevent 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 with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, 5 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 7.12 Severability Ifany provision ofthis Agreement 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 tobesent pursuant tothis Agreement 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: Indianapolis Parking, LLC PO Box441061 Indianapolis, Indiana 46224 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch 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, aswellasbyall ordinances andcodes oftheCityofCarmel, Indiana. The parties agree that, inthe event alawsuit isfiled hereunder, they waive any right toajury trialtheymay have, agree tofilesuch lawsuit inan appropriate court inHamilton County, Indiana only, and agree thatsuch court istheappropriate venue forandhas jurisdiction over same. 7 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 withProfessional, and Citywilluse themsolely forandonbehalf ofitsownoperations. Cityagrees that itwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 8 Indianapolis Parking, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#114255 Contract NotToExceed $200,000.00 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 withthe provisions thereof and allapplicable 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 shallcertify that, insigning thisAgreement, itdoes notengage 9 Ifbuifs!N/!Spvti DFP 38.4874525 2/25/36 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 Ifbuifs!N/!Spvti Joejbobqpmjt!Qbsljoh!MMD DFP MEMORANDUM OFUNDERSTANDINGRELATING TOPROJECT CHANGES ThisMemorandum ofUnderstanding relatingtoProjectChanges (the “MOU”) isentered thintoasofthis12dayofDecember, 2024, byandamongtheCommon Council (the “Council”), theBoard ofPublic WorksandtheMayor, respectively, oftheCityofCarmel, Indiana (the “City”); Section 1. Contract Approvals andBidding. TheBoard ofPublicWorks (hereinafter “BPW”) shallconductallbidproceedings forthe expenditures oftheproceeds ofthisbond issueinaccordance withapplicable lawandsubjectto theprovisions ofSectionsTwo (2), Three (3), Four (4) andFive (5) hereinafter. TheBPWshallalsoapproveallagreements, contracts andchangeordersfortheexpenditure oftheproceeds ofthisbondissueinaccordance withapplicable lawandsubjecttotheprovisions ofSectionsTwo (2), Three (3), Four (4)andFive (5)hereinafter. Allagreements, contracts and changeorders shallclearlystate thattheyarenotbinding upontheBPW ortheCityofCarmel untilpassage oftheseven (7) business dayreviewperiodorapproval bytheCouncil asoutlined hereinafter. Section 2. CouncilApproval forBidsandChangeOrders, andContracts Estimated projectcostsaretheindividualproject estimated costslisted hereinonExhibitA hereinafter “EPC”). Softcostssuchasright-of-waycost, legal andengineering feesandothersoft costs (hereinafter “softcosts') that arepaid fromthesebondproceeds shallbeincluded when calculating EPC. Softcosts tobepaidfromotherpreviously appropriated monies shallnotbe includedwhen calculating EPC. AftertheBPWapprovesanybids, change ordersorcontracts that: (1) exceed theEPC, (2) reduce theEPConanyoftheParksProjects (defined below), or (3) arerelated toLevel2Priority Projects, theCouncil shallhave therighttoapprove ordisapprove saidbid, change orderor contract inaccordance withSections Three (3), Four (4) andFive (5) hereinbelow. Theparties agreethat, exceptforany LRSNon-Controlled Project (asdefined intheOrdinance), eachofthe otherindividual Projects willbeanindependently desirableendinitselfwithoutreference to another projectandthetotalcosttotheCityofanyindividualProject (including anallocable portion ofanycapitalized interest andthecosts ofissuing theBonds, butexcluding anycosts permitted tobeexcluded therefrom pursuanttoIndiana Code6-1.1-20-0.7), whether financed with proceeds oftheBondsorotherlegallyavailable revenues oftheCity, shallnotexceed $6,350,000. Section 3. ProcessforApproving BidsthatExceedtheEPC Bythecloseofbusiness withinthree (3) businessdaysafter thedaytheBPW approves any Change Order thatexceeds theEPC, theClerkoftheCityofCarmel shalldelivercopiesofsaid Change Order toeach member oftheCouncil, alongwithanyexplanation requested tobe transmitted totheCouncil bytheCityEngineer, orhis designee, atthetimeoftheBPWapproval. Thereafter, theCouncilshallhavedeemed tohave agreedtotheproposed Change Orderat ththecloseofbusinessontheseventh (7) day afterthedateoftheBPWapproval (hereinafter Effective Date”), unless: (a) bythecloseofbusiness ontheEffective Date, anymember ofthe Councilwhodisputes inwritingsuchproposed ChangeOrder requests inwritingthattheClerk place suchissue ontheagenda forthe nextmeetingoftheCouncil; and (b) atsuchmeeting, Council disapproves suchChange Order byavoteofamajority oftheelected members ofthe Council. Section 4. Parks Projects andChange Orders. Themanagement ofallParksProjects, from design tocompletion, including thescope, timing, andacceptance ofbids, shallbedirected bytheCarmel ClayParksDepartment (“Parks Department”), andtheDirector ofthe ParksDepartment shallserveastheowner’srepresentative onallParksProjects. Upon requestfrom theParks Department, BPW shallinitiate thebid proceedings fortheParksProjects. Bythecloseofbusiness, within three (3) business daysafter thedaytheBPWapproves anybids, change orders orcontracts, ormakesanydetermination that reduces theEPConanyoftheParksProject (“Parks Change Orders”), theClerk oftheCityof Carmelshalldeliver copiesofsaidChange Order toeachmember oftheCouncil andtheCarmel ClayBoardofParksandRecreation (“ParksBoard”), alongwithanyexplanation requested tobe transmitted totheCouncil andtheParksBoard bytheCityEngineer, orhisdesignee, atthetime oftheBPWapproval. Thereafter, theCouncil andtheParks Boardshallhavedeemed tohaveagreed tothe thproposedParksChangeOrderatthecloseofbusinessontheseventh (7) dayafterthedateofthe BPWapproval (the “Effective Date”), unless: (a) bythecloseofbusiness ontheEffectiveDate, anymember oftheCouncilorParksBoardwho disputesinwriting suchproposed ParksChange Order requests inwritingthattheClerkplacesuchissueontheagenda forthenextmeeting ofthe Council; and (b) atsuchmeeting, theCouncil disapproves suchChangeOrderbyavoteofa majorityoftheelectedmembers oftheCouncil. Section 5. Process forApproval ofLevel 2PriorityProjects. Bythecloseofbusiness withinthree (3) business daysafterthedaytheBPWapproves any bids, changeordersorcontractson Level2Priority Projects (“Level2Agreements”), theClerkof theCityofCarmelshalldelivercopies ofsaidLevel2Agreements toeachmember oftheCouncil, alongwithanyexplanation requestedtobetransmitted totheCouncil bytheCityEngineer, orhis designee, atthetimeoftheBPW approval. Thereafter, theCouncil shall havedeemed tohaveagreed totheproposedLevel 2 thAgreementsatthecloseofbusinessontheseventh (7) dayafterthedateoftheBPWapproval the “Effective Date”), unless: (a) bythecloseofbusiness ontheEffectiveDate, anymemberof theCouncil whodisputes inwritingsuchproposedLevel2Agreement requests inwritingthatthe Clerk placesuchissueontheagendaforthenextmeetingofthe Council; and (b) atsuchmeeting, Council disapproves suchLevel2Agreement byavoteofamajority oftheelectedmembers of theCouncil. Section6. Definitions. ForpurposesofthisAgreement, eachofthe· following terms shallhavethemeaning assignedtoitbythisSection6: 2 a)“ParksProjects” meansthoseLevel 1Priority Projects numbered 5, 6, and7on ExhibitAtotheOrdinance. b)“ Expenditure” meansanypaymentorotherdisposition ofanyProceeds, excluding: i)anypaymentofprincipal oforpremium, ifany, orinterest on theBonds, including useof Proceedstopaycapitalized interest, (ii) anypaymentofanycosts ofissuance oftheBonds, (iii) anyinvestment ofanyProceeds inanyinterest-bearing instruments, or (iv) anypayment(s) orother disposition(s), intheaggregate ifthecontracted matterforwhichpayment(s) ordisposition(s) is/arebeingmadeiscompleted inoneormorestepsorispartofasetorseriesofrelatedcontracted matterswithasingleperson orvendor, oneachproject listed onExhibit AofanyProceeds inan amount lessthan $250,000. c)“Ordinance” meansOrdinance D-2729-24, AsAmended. d)“Proceeds” meansanyamountsreceivedonbehalfoftheAuthority andtheCity fromtheoriginal issuance andsaleoftheBonds, andanyinterestearningsthereon. Section 7. Amendments. This Agreement maybeamended orterminated onlybythewritten agreement ofallthepartieshereto. Section8. Governing Law. ThisAgreement andtherightsandobligations hereunder shall begoverned byandconstrued andenforced inaccordance withtheinternal lawsoftheStateof Indiana, without reference toanychoiceoflawprinciples. Section9.Severability. Ifanyportion ofthisAgreement isheldordeemed tobe, oris, invalid, illegal, inoperable orunenforceable, thevalidity, legality, operability andenforceability oftheremaining portions ofthisAgreement shall notbeaffected, andthisAgreement shall be construed asofitdidnotcontainsuchinvalid, illegal, inoperable orunenforceable portion. Section 10. Interpretation. Theuseherein ofthesingular shallbeconstrued toincludethe plural, andvice versa. Unlessotherwise indicated, thewords 'hereofherein,” “hereby and hereunder,” andwordsofsimilar import, refertothisAgreement asawholeandnottoany particular section, subsection, clause orotherportion ofthisAgreement. Section 11. Captions. Thecaptionsappearing inthisAgreement areincluded hereinfor convenience ofreferenceonly, andshallnotbedeemed todefine, limitorextend thescopeor intentofanyrights orobligations underthisAgreement. Signature PagesFollow\] 3 ALLOFWHICH ISAGREED TOBYtheCommon Council, theBoardofPublicWorks andtheMayor, respectively, oftheCityofCarmel, Indiana, asofthedateandyearfirstwritten above. COMMON COUNCIL OFTHE CITY OFCARMEL, INDIANA A, President CARMEL BOARD OFPUBLIC WORKS Laura Campbell, President CITYOFCARMEL, INDIANA SueFinkam, Mayor TTEST: A JacobQuinn, CityClerk 4 Approved andAdopted this dayof , 20 . CITYOFCARMEL,INDIANA Byandthrough itsBoardofPublic WorksandSafety BY: LauraCampbell, PresidingOfficer Date: James Barlow, Member Date: AlanPotasnik, Member Date: ATTEST: JacobQuinn, Clerk Date: EXHIBIT A ESTIMATED PROJECT COSTS attached\] DMS 45575616.1 EXHIBIT A CITY OFCARMEL, INDIANA 2024 BondProject ListSummary October 23, 2024 TOTALCOMBINED IMPROVEMENTS141,400,000$ 1) Assumes estimated construction costsonthedayofclosing. Does notassume anystate, federal orotherfunding isreceived. Note: PerCouncil Ordinance D-2729-24, noproceeds oftheBonds shallbespentonpublicart, andfurther provided thatanyproceeds oftheBondsremaining afterthecompletion oftheProjects and inthepriority described abovemay only beusedforadditional projects specifically approved byamajority ofthemembers oftheCommon Council ortopaydebtservice ontheBonds. CzTfshfzHsfdivlijobu4;35qn-Kbo19-3136 1,378,000.00 BID-I One Million Three Hundred Seventy Eight Thousand Version 2020-06-1 7 1 CONSTRUCTION ENGINEERING 1 LS 50,000.00 50,000.00 2 INSPECTION HOLE, DEEPER THAN 3 FT 2 EACH 1,500.00 $ 3,000.00 3 MOBILIZATION AND DEMOBILIZATION 1 LS 68,900.00 $ 68,900.00 4 TREE, 10 IN., REMOVE 1 EACH 750.00 $ 750.00 5 TREE, 18 IN., REMOVE 3 EACH 1,500.00 $ 4,500.00 6 TREE, 30 IN., REMOVE 1 EACH 3,500.00 3,500.00 7 CLEARINGRIGHT-OF-WAY 1 LS 30,000.00 30,000.00 8 PAVEMENT REMOVAL 344 SYS 20.00 $ 6,880.00 9 INLET, REMOVE 2 EACH 500.00 $ 1,000.00 PIPE, REMOVE 917 LFT 15.00 13,755.00 EXCAVATION, COMMON 947 CYS 35.00 33,145.00 12 BORROW 316 CYS 0.01 3.16 13 STORMWATER MANAGEMENT BUDGET 12, JOO DOL 1.00 12,100.00 STORMWATER MANAGEMENT14IMPLEMENTATION LS $ 3,000.00 3,000.00 15 SWQCP PREPARATION LS $ 1,600.00 1,600.00 16 SUBGRADETREATMENT, TYPE II 2,520 SYS $ 24.00 60,480.00 17 STRUCTURE BACKFILL, TYPE 2 739 CYS 115.00 84,985.00 18 PCCBASE, 6 IN. 725 SYS 100.00 72,500.00 19 QC/QA-HMA, 2, 64, SURFACE, 9.5mm 60 TON 165.00 9,900.00 20 ASPHALT FOR TACK COAT 725 SYS 1.00 725.00 21 SIDEWALK, CONCRETE 1,722 SYS 60.00 103,320.00 22 CURB RAMP, CONCRETE 78 SYS 215.00 16,770.00 23 DETECTABLE WARNING SURFACES 17 SYS 425.00 7,225.00 24 CURB AND GUTTER, CONCRETE 3,262 LFT 45.00 $ 146,790.00 25 PCCP FOR APPROACHES, 6 IN. 1,070 SYS 105.00 112,350.00 26 MAILBOX ASSEMBLY, SINGLE 7 EACH 210.00 1,470.00 27 MAILBOXASSEMBLY, DOUBLE 22 EACH 400.00 $ 8,800.00 MOBILIZATION AND DEMOBILlZATION FOR28SEEDING 2 EACH $ 800.00 1,600.00 29 WATER 13 kGAL $ 150.00 1,950.00 30 TOPSOIL 269 CYS 85.00 22,865.00 31 SODDING, NURSERY 3,224 SYS $ 5.00 16,120.00 32 PLANT, DECIDUOUS TREE, SINGLE STEM, EACH $ 1,000.00 5,000.00OVER2IN. TO 2.5IN. 33 PIPE, TYPE 2, CIRCULAR, DIAMETER 12IN. 1,902 LFT $ 50.00 95,100.00 34 PIPE, TYPE 2, CIRCULAR, DIAMETER 15 IN. 196 LFT 55.00 10,780.00 35 PIPE, TYPE 2, CIRCULAR, DIAMETER 18 IN. 3 LFT 85.00 255.00 36 PIPE, TYPE 3, CIRCULAR, DIAMETER 12 IN. 428 LFT 50.00 21,400.00 37 PIPE, TYPE 3, CIRCULAR, DIAMETER 15 IN. 62 LFT 55.00 3,410.00 38 PIPE, TYPE 3, DEFORMED, MfN. AREA 1.8 SFT 250 LFT 115.00 28,750.00 39 HMA FOR STRUCTURE fNSTALLATION, 58 TON 195.00 11,310.00TYPEB 40 VIDEO INSPECTION FOR PIPE 2,124 LFT 1.50 3,186.00 41 STORMWATER TREATMENT STRUCTURE I EACH 35,000.00 35,000.00 42 PIPE END SECTION, DIAMETER 12 IN. 24 EACH 550.00 13,200.00 43 PIPE END SECTION, DIAMETER 15 IN. 2 EACH 750.00 1,500.00 44 PIPEEND SECTION, MIN. AREA 1.8 SFT 14 EACH 1,000.00 14,000.00 45 MANHOLE {STR NO. 214 & 215} 2 EACH 8,000.00 16,000.00 46 CASTING, MANHOLE, ADJUST TO GRADE 6 EACH 850.00 5,100.00 47 INLET, TYPE Jl0, MODIFIED IO EACH 2,500.00 25,000.00 48 INLET, TYPE M10, MODIFIED 5 EACH 2,500.00 12,500.00 49 PIPE CATCH BASIN, 15 IN. I EACH 1,150.00 1,150.00 50 MANHOLE, TYPE C4 7 EACH 3,150.00 22,050.00 51 STRUCTURE, MANHOLE, RECONSTRUCTED I LFT 2,500.00 2,500.00 52 CATCH BASIN, TYPE F7 6 EACH 2,100.00 12,600.00 53 CATCH BASIN, TYPE MIO 2 EACH 2,800.00 5,600.00 54 ROADCLOSURE SIGN ASSEMBLY 2 EACH 388.00 776.00 55 CONSTRUCTION SIGN, TYPE A 2 EACH 310.00 620.00 56 CONSTRUCTION SIGN, TYPE B 6 EACH 310.00 1,860.00 57 MAINTAINING TRAFFIC I LS 54,608.74 54,608.74 58 BARRICADE, TYPE III-B 40 LFT 22.00 880.00 59 SIGN POST, SQUARE, TYPE 1, REINFORCED 29 LFT 24.00 696.00ANCHORBASE 60 SIGN, SHEET, WITH LEGEND, 0.080 IN. 15 SFT 20.00 300.00THICKNESS 61 TRANSVERSE MARKING, THERMOPLASTIC, 143 LFT 22.94 3,280.42CROSSWALKLINE, WHITE, 24 IN. 62 TRANSVERSE MARKING, THERMOPLASTIC, 22 LFT 22.94 504.68STOPLINE, WHITE, 24 IN. METER PIT RELOCATION & ADJUST TO63GRADE (UNDISTRIBUTED) 6 EACH 2,600.00 15,600.00 64 NEW HYDRANT ASSEMBLY 2 EACH 12,500.00 25,000.00 ADJUST VALVE TO GRADE & REPLACE65VALVEBOX (UNDISTRIBUTED) 3 EACH 3,500.00 10,500.00 SANITARY SEWER LATERAL PIPE ADJUSTMENT (UNDISTRIBUTED) 6 EACH 3,000.00 18,000.00 Version 2020-06-17 Version 2020-06-17 PART7 ADDITIONAL DECLARATIONS 7.I Bidder certifies foritself and all its subcontractors comp Iiance with alI existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related toemployment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 forany person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and infom1ed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarificationsconcerningContract Documents. BID-9 Vcrsion 2020-06-17 PARTS NON-COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being firstduly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any otherbids and without agreement, understanding or combination, either directly or indirectly, with any persons with referenceto such bidding in any way or manner whatsoever. PART9 SIGNATURES Signature by or on behalf ofthe Bidder in the spaces provided below shall constitute execution ofeach and every Part ofthis Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Bidders Name: Written Signature: Printed Name: Matt Schaaf Title: Director Preconstruction Important -Notary Signature and Seal Required in the Space Below STATE OF Indiana ---------- SS: COUNTY OF Hamilton ---===="------ Subscribed and sworn to beforeme this day of December , My commission expires: 02121/2032 (Signed) Prmted: _ Residing in Hamilton County, State of_I=n=d=ia=oa------ BID-10 Version 2020-06-17 Signature Printed Name Date: EXHIBITD 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-Verifyprogram 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: ------------- City of Carmel INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 114247 ONE CIVIC SQUARE 35-6000972 THISNUMBER MUST APPEAR ON INVOICES, NP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANYCORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/19/2024 377767 Goods and Services Contract -23-04 Auman & Newark WILLIAM CHARLES CONSTRUCTION CO VENDOR 800 DOUGLAS RD PENTHOUSE CORAL GABLES, FL 33134 - PURCHASE ID BLANKET I CONTRACT PAYMENT TERMS 95157 QUANTITY UNIT OF MEASURE DESCRIPTION Fund: 202 Local Road & Street Fund Neighborhood City Engineering's Office SHIP 1 Civic Square TO Carmel, IN 46032- Laurie Slick UNIT PRICE Department: 2200 Account: 43-509.00 1 Each 1 Each 23-04 Auman & Newark Neighborhood -Construction 23-04 Auman & Newark Neighborhood -Construction 429,272.00 948,728.00 Sub Total Send Invoice To: City Engineering's Office Laurie Slick 1 Civic Square Carmel, IN 46032- DEPARTMENT PLEASE INVOICE IN DUPLICATE ACCOUNT I PROJECT I PROJECT ACCOUNT PAYMENT FREIGHT I EXTENSION 429,272.00 948,728.00 1,378,000.00 AMOUNT 1,378,000.00 SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BEACCEPTED. NP VOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBERIS MADE A PARTOFTHEVOUCHER ANDEVERYINVOICE AND VOUCHER HAS THEPROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFYTHAT THERE ISAN UNOBLIGATED BALANCEIN THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDERISSUED INCOMPLIANCEWITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORYTHEREOF ANDSUPPLEMENTTHERETO. CONTROL NO. 114247 ORDERED BY TITLE Bradley Pease Director Zac Jackson CFO CzBmmjtpoMzodi.NdHsbuibu4;4:qn-Kbo26-3136 GRANT AGREEMENT This Grant Agreement (herein referredto as the "Agreement"), entered into by and betweentheCityofCarmel, Indiana ("City" or "Grantor") and PrimelifeEnrichment, Inc. ("Grantee"), isexecutedpursuanttothetermsandconditionssetforthherein. In consideration of those mutualundertakingsandcovenants, the parties agree as follows: 1. Grant Agreement. The City agrees to grant One Hundred Thousand Dollars ($100,000)(the "Grant" or "Grant Funds") to the Grantee.2. Use of Grant Funds. The Grantee agrees to use any and all Grant Funds inaccordancewiththeprovisionscontainedwithinthisAgreement. The Grantee may use the fundsforthefollowing:a.Reimbursement forthe cost incurred to replacea dehumidifierin the poolareab.Hiring ofadditional drivers forthe transportationprogramc.Purchase ofhandicap-accessiblevansd.Purchase and installation ofa user-friendlycheck-insysteme.Operatingexpenses3. Conditions of Grant. The payment ofthis Grant by the City to the Grantee shall bemadeinaccordancewiththefollowingconditions:a.This Agreement shall be fullyexecuted and signed by both Grantee and Grantor.b.Grantee represents and warrants that all informationgiven to the CitythroughouttherequestofthisGrantistrueandaccurate.If it is determined by the City that the Grant Funds have been used in violation of thisagreement, the Grantee shall immediately returnall Grant Funds to the City. 4. Warranty of Non-Profit Status. Grantee hereby represents and warrants that it is a not-for-profit entity, and, upon request, Grantee shall provide the City with a copyofincorporationasanot-for-profitcorporationunder state law.5. Grantor's Right to Request Audit or Review. For a period of three (3) years afterthefinalpaymentoffundsunderthisAgreement, Grantee shall, at the City's request:a.Make all books, accounting records and other documents available forthepurposeofanauditbytheCity, the State ofIndiana, or theirdesignees. Said review or audit ,ifrequested, shall be performedby a CertifiedPublic Accountant ("CPA") whoisneitheranemployeeofGranteenoramemberoftheGrantee's Board ofDirectors;andb.submit to an audit or review by anindependent CPA. 6. Year-End Review. Grantee agrees to provide the City, via email, with a year-endreportdescribinghowthegrantwasusedandtheimpactofthegrant.7. Statutory Authority of Grantee. Grantee expressly represents and warrants that itisstatutorilyeligibletoreceivetheGrantFunds. The Grantee agrees to repay all GrantFundsreceivedunderthisagreementshouldalegaldeterminationofGranteesineligibilitybemadebyanyCourtofcompetentjurisdiction.8. Governing Law; Lawsuits. This Agreement is to be construed in accordance withandgovernedbythelawsoftheStateoflndiana, except forits conflictoflaws provisions. Thepartiesagreethat, in the event a lawsuit is filedhereunder, they waive their right to ajurytrial, agree to fileany such lawsuit in an appropriate court in Hamilton County, Indianaonly, and agree that such court is the appropriate venue forand has jurisdiction over same.9. Relationship of Parties. The relationship ofthe parties hereto shall be as provided forinthisAgreement. Neither Grantee nor any of its officers, employees, contractors,subcontractors, and/oragents are employees ofthe City.10. Severability. Ifany term ofthisAgreement is invalid or unenforceableunder any statute,regulation, ordinance, executive order or other rule of law, such term shall bedeemedreformedordeleted, but only to the extent necessary to comply with same, andtheremainingprovisionsofthisAgreementshallremaininfullforceandeffect.11. Headings. All heading and sections ofthis Agreement are inserted for convenienceonlyanddonotformapartofthisAgreementnorlimit, expand or otherwise alter themeaningofanyprovisionhereof.12. Advice of Counsel. The parties warrant that they have read this Agreement andunderstandit, have had the opportunity to obtain legal advice and assistance ofcounsel throughoutthenegotiationofthisAgreement, and enter into same freely, voluntarily, and withoutanyduress, undue influenceor coercion.13. Entire Agreement. This Agreement, together with any exhibits attached heretoorreferencedherein, constitutes the entire agreement between Grantee and City withrespecttothesubjectmatterhereof, and supersedes all prior oral or written representationsandagreementsregardingsame. Signature page to follow 2 INWITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: Title: E_"'Aecv +r e Date: f/13 /) 5I Drrec-le " 3 CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: Laura Campbell, Presiding Officer Date: _____________________________ James Barlow, Member Date: _____________________________ Alan Potasnik, Member Date: _____________________________ ATTEST: Jacob Quinn, Clerk Date: _____________________________ 12/18/2024 PRIMELIFE ENRICHMENT, INC CARMEL, IN 46032 - 113247 1078 THIRD AVE SW 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 FUNDING FOR OPERATIONAL EXPENSES COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 00353370 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 94159 1203Department:101Fund:General Fund 43-590.00Account: FUNDING FOR OPERATIONALEXPENSES1 $100,000.00 $100,000.00Each 100,000.00SubTotal 100,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/PVOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 113247 ORDERED BY TITLE COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Kelly Douglas Zac Jackson Director CFO CzTfshfzHsfdivlijobu21;44bn-Kbo19-3136 CzTfshfzHsfdivlijobu5;46qn-Kbo24-3136 Emergency RadioService, LLC Information Systems Department - 2025 Appropriation #1115 044-631.00Capital Lease Fund; P.O. #114313 Contract NotToExceed $239,317.10 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 Emergency RadioService, LLC Information Systems Department - 2025 Appropriation #1115 044-631.00Capital Lease Fund; P.O. #114313 Contract NotToExceed $239,317.10 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 Emergency RadioService, LLC Information Systems Department - 2025 Appropriation #1115 044-631.00Capital Lease Fund; P.O. #114313 Contract NotToExceed $239,317.10 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 Information Systems Department Office ofCorporation Counsel 10701 NCollege Avenue, Suite A One Civic Square Carmel, Indiana 46280 Carmel, Indiana 46032 IftoVendor: Emergency Radio Service, LLC PO Box711097 Cincinnati, Ohio 45271-1097 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslong aswritten notice isthen provided assetforth hereinabove within five (5) business days from the date ofsuch oralnotice. 19. TERMINATION: 19.1 Notwithstanding anything tothecontrary contained inthisAgreement, City may, upon notice toVendor, immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or ifsufficient funds arenotappropriated orencumbered topayforthe Goods andServices tobeprovided hereunder. In theevent ofsuch termination, Vendor shall be entitled toreceive onlypayment forthe undisputed invoice amount representing conforming Goods andServices delivered asofthedate of termination, except that such payment amount shallnotexceed the Estimate amount ineffect atthe time oftermination, unless theparties have previously agreed inwriting toagreater amount. 19.2 Citymayterminate thisAgreement atanytime upon thirty (30) days prior notice toVendor. Inthe event ofsuch termination, Vendor shall be entitled toreceive onlypayment for the undisputed invoice amount ofconforming Goods andServices delivered asofthedate oftermination, except that such payment amount shall notexceed theEstimate amount ineffect atthetime oftermination, unless the parties havepreviously agreed inwriting toagreater amount. 19.3 TheCitymayterminate this Agreement pursuant toParagraph 11hereof, asappropriate. 20. REPRESENTATIONS AND WARRANTIES Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons executing this Agreement 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 Emergency RadioService, LLC Information Systems Department - 2025 Appropriation #1115 044-631.00Capital Lease Fund; P.O. #114313 Contract NotToExceed $239,317.10 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 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 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 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 1/10/2025 EMERGENCY RADIO SERVICE LLC CINCINNATI, OH 45271--1097 114313 PO BOX 711097 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 Install, program, and test 5 new tornado sirens ICS 10701 N. College Ave. Ste A Carmel, IN 46280- 317) 571-2576 371002 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 95574 1115Department:0Fund:Capital Lease Fund 44-631.00Account: Federal Signal 2001-130 130 dB rotating electro-mechanical sirens 1 $239,317.10 $239,317.10Each 239,317.10SubTotal 239,317.10 Quote #803-010925-01 Lease = 0 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE 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. 114313 ORDERED BY TITLE ICS 10701 N. College Ave. Ste A Carmel, IN 46280- Kevin Cusimano Zac Jackson 317) 571-2576 Director CFO 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 342:923 PERFORMANCEBOND Contractor SuretyTxjttSfDpsqpsbufTpmvujpotBnfsjdbName: Name: UQJVujmjuzDpotusvdujpo-MMD JotvsbodfDpsqpsbujpo Address(principal placeofbusiness): Address (principalplaceofbusiness): 589O/Dp/Se/2211F/ 2311NbjoTu/-Tvjuf911 jpotwjmmf-JO57188 LbotbtDjuz-NP75216.3589 OwnerContract Name: Description(nameand location): DjuzpgDbsnfmVujmjujft 3135XbufsNbjoJnqspwfnfoutMailingaddress(principalplace ofbusiness): 41XftuNbjoTusffu Dbsnfm-JO57143 Contract Price: 816-786/11 EffectiveDateofContract: Efdfncfs29-3135 Bond BondAmount: 816-786/11 DateofBond: Efdfncfs29-3135 DateofBondcannotbeearlierthanEffectiveDate ofContract) Modifications tothisBondform: 5None SeeParagraph 16 SuretyandContractor, intendingtobelegally boundhereby, subjecttothetermssetforthin this Performance Bond, doeachcausethisPerformanceBond tobedulyexecutedbyanauthorized officer, agent, orrepresentative. Contractoras Principal Surety TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD FullformalnameofContractor)(FullformalnameofSurety) (corporate seal) By: By: Signature)(Signature)(Attach PowerofAttorney) SpcfsuM/TifsgjdlName:Name: Printedortyped)(Printedortyped) Buupsofz.jo.GbduTitle:Title: Attest:Attest: Signature)(Signature) NjdibfmDsbccName:Name: Printedortyped)(Printedortyped) TfdsfubszTitle:Title: Notes: (1) Providesupplemental executionbyanyadditional parties, suchasjointventurers. (2) Any singularreference toContractor, Surety, Owner, orotherpartyisconsideredpluralwhereapplicable. EJCDC® C-610, Performance Bond. Copyright2018 National Society ofProfessional Engineers, American Council ofEngineering Companies, andAmerican Society ofCivilEngineers. All rightsreserved. 1.TheContractor andSurety, jointly andseverally, bindthemselves, theirheirs, executors, administrators, successors, andassignstotheOwnerfortheperformance oftheConstruction Contract, whichisincorporated hereinbyreference. 2.IftheContractor performs theConstruction Contract, theSuretyandtheContractorshallhaveno obligationunderthisBond, exceptwhenapplicable toparticipate inaconference asprovidedin Paragraph3. 3.IfthereisnoOwnerDefaultundertheConstruction Contract, theSurety’sobligation underthisBond willariseafter: 3.1. TheOwnerfirstprovides noticetotheContractor andtheSuretythattheOwnerisconsidering declaring aContractor Default. Suchnoticemayindicatewhether theOwnerisrequestinga conference amongtheOwner, Contractor, andSuretytodiscuss theContractor’sperformance. IftheOwnerdoesnotrequestaconference, theSurety may, withinfive (5) businessdaysafter receiptoftheOwner’snotice, requestsuchaconference. IftheSuretytimely requestsa conference, theOwnershallattend. Unless theOwneragreesotherwise, anyconference requestedunderthisParagraph3.1willbeheldwithinten (10) businessdaysoftheSurety’s receiptoftheOwner’snotice. IftheOwner, theContractor, andtheSuretyagree, the Contractor shallbeallowedareasonable timetoperform theConstruction Contract, butsuch anagreement doesnotwaivetheOwner’sright, ifany, subsequently todeclareaContractor Default; 3.2. TheOwner declaresaContractor Default, terminates theConstruction Contractandnotifiesthe Surety; and 3.3. TheOwnerhasagreedtopaytheBalanceoftheContractPriceinaccordance withthetermsof theConstructionContracttotheSuretyortoacontractor selectedtoperform theConstruction Contract. 4.FailureonthepartoftheOwnertocomply withthenoticerequirement inParagraph3.1doesnot constitute afailuretocomplywithacondition precedenttotheSurety’sobligations, orreleasethe Suretyfromitsobligations, except totheextenttheSuretydemonstrates actualprejudice. 5.WhentheOwnerhassatisfiedtheconditionsofParagraph3, theSuretyshallpromptly andatthe Surety’sexpensetakeoneofthefollowing actions: 5.1. Arrange fortheContractor, withtheconsentoftheOwner, toperformandcomplete the Construction Contract; 5.2. Undertake toperform andcomplete theConstruction Contractitself, through itsagentsor independent contractors; 5.3. Obtainbidsornegotiatedproposals fromqualified contractors acceptable totheOwnerfora contract forperformance andcompletion oftheConstruction Contract, arrange foracontract tobeprepared forexecution bytheOwnerandacontractor selectedwiththeOwners concurrence, tobesecured withperformance andpaymentbondsexecutedbyaqualified suretyequivalent tothebondsissued ontheConstruction Contract, andpaytotheOwnerthe amountofdamages asdescribedinParagraph7inexcessoftheBalanceoftheContractPrice incurredbytheOwnerasaresultoftheContractorDefault; or 5.4. Waiveitsrighttoperformandcomplete, arrangeforcompletion, orobtainanewcontractor, andwithreasonablepromptness underthecircumstances: EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. 5.4.1Afterinvestigation,determine theamountforwhichitmaybeliabletotheOwnerand, assoonaspracticable aftertheamountisdetermined, makepayment totheOwner; or 5.4.2 DenyliabilityinwholeorinpartandnotifytheOwner, citingthereasons fordenial. 6.IftheSuretydoesnotproceed asprovided inParagraph5withreasonable promptness, theSurety shallbedeemedtobeindefaultonthisBondsevendaysafterreceiptofanadditionalwrittennotice fromtheOwnertotheSuretydemanding thattheSuretyperformitsobligations underthisBond, and theOwnershallbeentitled toenforceanyremedyavailable totheOwner. IftheSuretyproceeds as providedinParagraph5.4, andtheOwnerrefuses thepayment, ortheSuretyhasdenied liability, in wholeorinpart, withoutfurthernotice, theOwnershallbeentitledtoenforceanyremedyavailable totheOwner. 7.IftheSuretyelectstoactunderParagraph5.1, 5.2, or5.3, thentheresponsibilities oftheSuretyto theOwnerwillnotbegreaterthanthoseoftheContractor undertheConstruction Contract, andthe responsibilities oftheOwnertotheSuretywillnotbegreater thanthoseoftheOwnerunderthe Construction Contract. Subject tothecommitment bytheOwnertopaytheBalanceoftheContract Price, theSuretyisobligated, withoutduplication for: 7.1. theresponsibilities oftheContractor forcorrection ofdefectiveworkandcompletion ofthe Construction Contract; 7.2. additionallegal, designprofessional, anddelaycosts resultingfromtheContractor’sDefault, andresultingfromtheactions orfailuretoactoftheSuretyunderParagraph 5; and 7.3. liquidateddamages, orifnoliquidated damagesarespecified intheConstruction Contract, actualdamages caused bydelayedperformance ornon-performance oftheContractor. 8.IftheSuretyelectstoactunderParagraph5.1, 5.3, or5.4, theSurety’sliabilityislimitedtotheamount ofthisBond. 9.TheSuretyshallnotbeliabletotheOwnerorothersforobligations oftheContractor thatare unrelatedtotheConstruction Contract, andtheBalanceoftheContractPricewillnotbereduced or setoffonaccountofanysuchunrelated obligations. NorightofactionwillaccrueonthisBondtoany personorentityotherthantheOwneroritsheirs, executors, administrators, successors, andassigns. 10.TheSuretyhereby waives noticeofanychange, including changesoftime, totheConstruction Contractortorelatedsubcontracts, purchaseorders, andotherobligations. 11.Anyproceeding, legalorequitable, underthisBondmustbeinstituted inanycourtofcompetent jurisdiction inthelocationinwhichtheworkorpartoftheworkislocatedandmustbeinstituted withintwoyearsafteradeclaration ofContractor Defaultorwithin twoyearsaftertheContractor ceasedworking orwithintwoyearsaftertheSuretyrefusesorfailstoperform itsobligations under thisBond, whicheveroccursfirst. Iftheprovisionsofthisparagrapharevoidorprohibited bylaw, the minimumperiodsoflimitations available tosuretiesasadefense inthejurisdiction ofthesuitwillbe applicable. 12.NoticetotheSurety, theOwner, ortheContractor mustbemailedordelivered totheaddressshown onthepageonwhichtheirsignatureappears. 13.WhenthisBondhasbeenfurnished tocomply withastatutory orotherlegalrequirement inthe location wheretheconstruction wastobeperformed, anyprovision inthisBondconflicting withsaid statutoryorlegalrequirement willbedeemeddeletedtherefrom andprovisionsconforming tosuch statutoryorotherlegalrequirementwillbedeemedincorporated herein. Whensofurnished, the intentisthatthisBondwillbeconstrued asastatutory bondandnotasacommon lawbond. EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. 14.Definitions 14.1.Balance oftheContract Price—Thetotalamountpayable bytheOwnertotheContractor under theConstruction Contract afterallproperadjustments havebeenmadeincluding allowancefor theContractor foranyamounts receivedortobereceivedbytheOwnerinsettlement of insurance orotherclaimsfordamages towhichtheContractor isentitled, reduced byallvalid andproperpayments madetooronbehalfoftheContractor undertheConstruction Contract. 14.2. Construction Contract—Theagreement between theOwnerandContractor identified onthe coverpage, includingallContractDocumentsandchangesmadetotheagreementandthe ContractDocuments. 14.3. Contractor Default—Failure oftheContractor, whichhasnotbeenremedied orwaived, to performorotherwisetocomplywithamaterialtermoftheConstruction Contract. 14.4. OwnerDefault—FailureoftheOwner, whichhasnotbeenremedied orwaived, topaythe Contractor asrequired undertheConstruction Contract ortoperformandcomplete orcomply withtheothermaterialtermsoftheConstruction Contract. 14.5. ContractDocuments—Allthedocuments thatcomprisetheagreement betweentheOwner and Contractor. 15.IfthisBondisissuedforanagreement betweenacontractor andsubcontractor, thetermContractor inthisBondwillbedeemedtobeSubcontractor andthetermOwnerwillbedeemedtobeContractor. 16.Modifications tothisBondareasfollows: \[Describemodification orenter “None”\] Opof EJCDC® C-610, PerformanceBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL KPJOUMZPSTFWFSBMMZ PGJGUZNJMMJPO)%61-111-111/11*EPMMBST 21 OPWFNCFS33 3321OPWFNCFS 3529uiEfdfncfs 342:923 PAYMENTBOND Contractor SuretyTxjttSfDpsqpsbufTpmvujpotBnfsjdb Name: Name: JotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD Address(principal placeof business):Address (principal placeofbusiness): 589O/Dp/Se/2211F/2311NbjoTu/-Tvjuf911 jpotwjmmf-JO57188LbotbtDjuz-NP75216.3589 OwnerContract Name:Description(nameandlocation): DjuzpgDbsnfmVujmjujft Mailingaddress(principal place ofbusiness): 3135XbufsNbjoJnqspwfnfout 41XftuNbjoTusffu Dbsnfm-JO57143 816-786/11ContractPrice: Efdfncfs29-3135EffectiveDateofContract: Bond BondAmount: 816-786/11 Efdfncfs29-3135DateofBond: DateofBondcannotbe earlierthanEffective DateofContract) ModificationstothisBondform: 5NoneSeeParagraph18 SuretyandContractor, intendingtobelegally boundhereby, subjecttothetermssetforthin this Payment Bond, doeachcausethisPaymentBondtobedulyexecutedbyanauthorized officer, agent, or representative. Contractoras Principal Surety TxjttSfDpsqpsbufTpmvujpotBnfsjdbJotvsbodfDpsqpsbujpoUQJVujmjuzDpotusvdujpo-MMD Fullformalname ofContractor)(Fullformalname ofSurety)(corporate seal) By: By: Signature)(Signature)(Attach Power ofAttorney) SpcfsuM/TifsgjdlName:Name: Printed ortyped)(Printed ortyped) Title:Title:Buupsofz.jo.Gbdu Attest:Attest: Signature)(Signature) NjdibfmDsbccName:Name: Printed ortyped)(Printed ortyped) TfdsfubszTitle:Title: Notes: (1) Provide supplemental execution byanyadditional parties, suchasjoint venturers. (2) Anysingular reference to Contractor, Surety, Owner, orotherparty isconsidered plural where applicable. EJCDC® C-615, Payment Bond. Copyright2018 National Society ofProfessional Engineers, American Council ofEngineering Companies, andAmerican Society ofCivilEngineers. All rightsreserved. 1.TheContractor andSurety, jointlyandseverally, bindthemselves, theirheirs, executors, administrators, successors, andassignstotheOwnertopayforlabor, materials, andequipment furnishedforuseintheperformance oftheConstruction Contract, which isincorporated hereinby reference, subjecttothefollowing terms. 2.IftheContractor promptlymakespayment ofallsumsduetoClaimants, anddefends, indemnifies, andholdsharmlesstheOwnerfromclaims, demands, liens, orsuitsbyanypersonorentityseeking payment forlabor, materials, orequipment furnishedforuseintheperformance oftheConstruction Contract, thentheSuretyandtheContractor shallhavenoobligationunderthisBond. 3.IfthereisnoOwnerDefaultundertheConstruction Contract, theSurety’sobligationtotheOwner underthisBondwillariseaftertheOwnerhaspromptly notifiedtheContractor andtheSurety (atthe addressdescribedinParagraph13) ofclaims, demands, liens, orsuitsagainsttheOwner orthe Owner’sproperty byanypersonorentityseekingpaymentforlabor, materials, orequipment furnishedforuseintheperformance oftheConstruction Contract, andtendereddefenseofsuch claims, demands, liens, orsuitstotheContractorandtheSurety. 4.WhentheOwnerhassatisfiedtheconditions inParagraph3, theSuretyshallpromptlyandatthe Surety’sexpensedefend, indemnify, andholdharmless theOwneragainstadulytenderedclaim, demand, lien, orsuit. 5.TheSurety’sobligations toaClaimantunderthisBondwillariseafterthefollowing: 5.1. Claimants whodonothaveadirectcontractwiththeContractor 5.1.1. havefurnished awritten noticeofnon-payment totheContractor, statingwith substantial accuracytheamountclaimedandthenameofthepartytowhomthe materials were, orequipment was, furnished orsupplied orforwhomthelaborwas doneorperformed, withinninety (90) daysafterhavinglastperformedlabororlast furnishedmaterialsorequipmentincludedintheClaim; and 5.1.2. havesentaClaimtotheSurety (attheaddressdescribedinParagraph 13). 5.2. Claimants whoareemployedbyorhaveadirectcontractwiththeContractorhavesentaClaim totheSurety (attheaddressdescribed inParagraph 13). 6.Ifanoticeofnon-payment requiredbyParagraph5.1.1isgivenbytheOwnertotheContractor, that issufficienttosatisfyaClaimant’sobligation tofurnishawrittennotice ofnon-payment under Paragraph 5.1.1. 7.WhenaClaimanthassatisfiedtheconditions ofParagraph5.1or5.2, whicheverisapplicable, the SuretyshallpromptlyandattheSurety’sexpensetakethefollowing actions: 7.1. SendananswertotheClaimant, withacopytotheOwner, withinsixty (60) daysafterreceipt oftheClaim, statingtheamountsthatareundisputed andthebasisforchallenging anyamounts thataredisputed; and 7.2. Payorarrange forpaymentofanyundisputed amounts. 7.3. TheSurety’sfailuretodischargeitsobligations underParagraph7.1or7.2willnotbedeemed toconstitute awaiverofdefenses theSuretyorContractormayhaveoracquireastoaClaim, exceptastoundisputed amountsforwhichtheSuretyandClaimanthavereachedagreement. If, however, theSuretyfailstodischarge itsobligations underParagraph7.1or7.2, theSurety shallindemnifytheClaimantforthereasonable attorney’sfeestheClaimant incursthereafter torecoveranysumsfoundtobedueandowingtotheClaimant. EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. 8.TheSurety’stotalobligation willnotexceedtheamount ofthisBond, plustheamountofreasonable attorney’sfeesprovided underParagraph 7.3, andtheamountofthisBondwillbecreditedforany paymentsmadeingoodfaithbytheSurety. 9.AmountsowedbytheOwnertotheContractorundertheConstruction Contractwillbeusedforthe performance oftheConstruction Contractandtosatisfyclaims, ifany, underanyconstruction performance bond. BytheContractor furnishing andtheOwner accepting thisBond, theyagreethat allfundsearnedbytheContractor intheperformance oftheConstruction Contractarededicatedto satisfyingobligations oftheContractorandSurety underthisBond, subjecttotheOwner’spriorityto usethefundsforthecompletion ofthework. 10.TheSuretyshallnotbeliabletotheOwner, Claimants, orothersforobligations oftheContractor that areunrelatedtotheConstruction Contract. TheOwnershallnotbeliableforthepayment ofanycosts orexpensesofanyClaimant underthisBond, andshallhaveunderthisBondnoobligation tomake paymentstoorgivenoticeonbehalfofClaimants, orotherwise haveanyobligationstoClaimants under thisBond. 11.TheSuretyherebywaives noticeofanychange, includingchangesoftime, totheConstruction Contractortorelatedsubcontracts, purchaseorders, andotherobligations. 12.Nosuitoractionwillbecommenced byaClaimantunderthisBondother thaninacourtofcompetent jurisdiction inthestateinwhich theprojectthatisthesubjectoftheConstructionContract islocated oraftertheexpirationofoneyearfromthedate (1) onwhichtheClaimantsentaClaimtotheSurety pursuanttoParagraph5.1.2or5.2, or (2) onwhichthelastlabororservicewasperformed byanyone orthelastmaterials orequipment werefurnished byanyoneundertheConstruction Contract, whicheverof (1) or (2) firstoccurs. Iftheprovisions ofthisparagraph arevoidorprohibited bylaw, theminimum periodoflimitationavailable tosuretiesasadefenseinthejurisdictionofthesuitwill beapplicable. 13.NoticeandClaimstotheSurety, theOwner, ortheContractor mustbemailedordelivered tothe address shown onthepageonwhichtheirsignature appears. ActualreceiptofnoticeorClaims, howeveraccomplished, willbesufficientcompliance asofthedatereceived. 14.WhenthisBondhasbeenfurnished tocomply withastatutory orotherlegalrequirement inthe locationwheretheconstruction wastobeperformed, anyprovisioninthisBondconflicting withsaid statutoryorlegalrequirement willbedeemeddeletedherefromandprovisions conforming tosuch statutoryorotherlegalrequirementwillbedeemedincorporated herein. When sofurnished, the intentisthatthisBondwillbeconstrued asastatutory bondandnotasacommon lawbond. 15.Uponrequests byanyperson orentityappearingtobeapotential beneficiary ofthisBond, the Contractor andOwnershallpromptly furnishacopyofthisBondorshallpermitacopytobemade. 16.Definitions 16.1. Claim—Awrittenstatement bytheClaimant including ataminimum: 16.1.1. ThenameoftheClaimant; 16.1.2. Thenameofthepersonforwhomthelaborwasdone, ormaterials orequipment furnished; 16.1.3. Acopyoftheagreementorpurchaseorderpursuant towhichlabor, materials, or equipment wasfurnishedforuseintheperformance oftheConstruction Contract; 16.1.4. Abriefdescriptionofthelabor, materials, orequipment furnished; EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. 16.1.5. ThedateonwhichtheClaimant lastperformed labororlastfurnishedmaterialsor equipment foruseintheperformance oftheConstruction Contract; 16.1.6. ThetotalamountearnedbytheClaimant forlabor, materials, orequipment furnished asofthedateoftheClaim; 16.1.7. Thetotalamountofpreviouspayments receivedbytheClaimant; and 16.1.8. Thetotalamount dueandunpaid totheClaimantforlabor, materials, orequipment furnished asofthedateoftheClaim. 16.2. Claimant—Anindividualorentityhavingadirectcontract withtheContractor orwitha subcontractor oftheContractor tofurnishlabor, materials, orequipment foruseinthe performance oftheConstruction Contract. ThetermClaimant alsoincludes anyindividualor entitythathasrightfullyasserted aclaimunderanapplicablemechanic’slienorsimilarstatute againsttherealproperty uponwhichtheProjectislocated. TheintentofthisBondistoinclude withoutlimitationinthetermsof “labor, materials, orequipment” thatpartofthewater, gas, power, light, heat, oil, gasoline, telephone service, orrentalequipmentusedintheConstruction Contract, architectural andengineeringservices requiredforperformance oftheworkofthe Contractor andtheContractor’ssubcontractors, andallotheritemsforwhichamechanic’slien maybeasserted inthejurisdiction wherethelabor, materials, orequipmentwerefurnished. 16.3. Construction Contract—Theagreement between theOwnerandContractor identified onthe coverpage, including allContract Documents andallchangesmadetotheagreementandthe ContractDocuments. 16.4. OwnerDefault—FailureoftheOwner, whichhasnotbeenremedied orwaived, topaythe Contractor asrequired undertheConstruction Contract ortoperformandcomplete orcomply withtheothermaterialtermsoftheConstruction Contract. 16.5. ContractDocuments—Allthedocuments thatcomprisetheagreement betweentheOwner and Contractor. 17.IfthisBondisissuedforanagreement betweenacontractor andsubcontractor, thetermContractor inthisBondwillbedeemedtobeSubcontractor andthetermOwnerwillbedeemedtobeContractor. 18.Modifications tothisBondareasfollows: \[Describemodification orenter “None”\] Opof EJCDC® C-615, PaymentBond. Copyright2018NationalSocietyofProfessionalEngineers, AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. OBODZK/OPOXFJMFS-KPIOX/IBOOPOJJJ-KBTPONdFMEPXOFZ-boeSPCFSUM/TIFSGJDL KPJOUMZPSTFWFSBMMZ PGJGUZNJMMJPO)%61-111-111/11*EPMMBST 21 OPWFNCFS33 3321OPWFNCFS 3529uiEfdfncfs 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 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 01-01-2025 Yes, 01/03/2025 Yes, 01/06/2025 Yes, 01/07/2025 Yes,01/08/2025 Yes, 01/08/2025Yes, 01/09/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down 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 Live music on Wednesday nights from 6p.m to 9p.m Provide a brief description of event We would like to use the stage in front of the restaurant for single and duet groups to play music. The music is booked through Blair Clark and focuses on local musicians like Aura Ray, Sam King, Marrialle Sellars, and Tommy Baldwin. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/5/2025 11/26/2025 5:30:00 PM 9:15:00 PM 6:00:00 PM 9:00:00 PM NA 75 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* midtown 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 local musicians listed above Name of Merchants(s) doing the setup 3176692686 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: Jeff Blair Fork and Ale Kitchen and Brewery City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country Street Address Address Line 2 Individual 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. Fork and Ale House Name of Organization/Applicant Signature of Authorized Agent/Applicant Jeff Blair- Owner-Manager Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46032 Address of Organization/Applicant 1/1/2025 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 ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, 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 Request submission date: 12-31-024Department Review:MAC:Yes, 01/06/2025 ENG: Yes, 01/09/2025CPD:Yes, 01/03/2025 CFD: Yes,01/08/2025 STREETS: Yes, 01/08/2025 PARKS:Yes, 01/07/2025 This route utilizes the White River Greenway, which is CCPR property. Additional Form will need to be completed.Requester stated they completed 01/072025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: No streets will be closed. Include addresses as appropriate An easy to read, color map of the area is required with submission. 2025 Half Marathon Map with street and path names.pdf 77.47KB 2025 Quarter Marathon Map with street and path names.pdf 74.98KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: No streets will be closed. Carmel Police will be supply traffic control to allow participants to cross busy intersections. Specifically; Main Street and Garnet Cherry Tree Rd. and Hazel Dell Haverton Way and Main St. Double Eagle and Main St. Double Eagle and 126th St. River Rd. path north of 122nd St. to River Trail River Trail to River Rd. path at Tall Timber Cherry Creek Blvd and Sourwood Cherry Creek Blvd and Powder Main Street at entrance to Northview Church parking lot 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other City Services Needed Cones* Barricades * Crowd-Control Gates* Standard Cones * Event Use/Purpose:* 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 6 Please note the number of Crowd-Control Gates needed 6 Please note the number of Standard Cones needed 250 5. EVENT DETAILS The "Sam Costa" is the oldest road race in Indiana, held in Carmel since 1973, and originally managed by Carmel HS faculty. The Costa has, and continues to be, an early season test of fitness for those who have trained through the winter. 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? Fees (cont'd) Provide a brief description of event The "Sam Costa" is the oldest road race in Indiana, held in Carmel since 1973, and originally managed by Carmel HS faculty. Beginning in 1982 the "Costa" has been organized by the non-profit club "Indy Runners and Walkers". This year is the 54th anniversary of the race and the 18th year Northview Church has been the venue. Fees are charged for both the Half Marathon and Quarter Marathon. All fees are used to offset the costs of producing the event. Revenue in excess of costs is used to endow the “Indy Runners and Walkers Scholarship Fund” and the ongoing needs of the club. Every year the "Costa" has approximately one thousand participants, with an average of 15 states represented, and over 150 volunteers, many from local Hamilton County schools. The Costa has, and continues to be, an early season test of fitness for those who have trained through the winter. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 3/22/2025 3/22/2025 6:00:00 AM 2:00:00 PM 9:00:00 AM 12:00:00 PM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Fees are used to offset the costs of producing the “Sam Costa”. Revenue in excess of costs is used to endow the “Indy Runners and Walkers Scholarship Fund” and the ongoing needs of the club. EVENT SET UP: Stage Size of Stage Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: 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: Terry Townsend Indy Runners and Walkers City Indpls State / Province / Region In Postal / Zip Code 46230-0617 Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Indy Runners and Walkers: Terry Townsend, Board Member and Sam Costa Race DIrector Name of Organization/Applicant Signature of Authorized Agent/Applicant Terry Townsend, IRW Board Member and Sam Costa Race Director Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 12/31/2024 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 ___________________________________ Laura Campbell, Presiding Officer Date: ______________________________ ___________________________________ James Barlow, Member Date: ______________________________ ___________________________________ Alan Potasnik, Member Date: ______________________________ ATTEST: _____________________ Jacob Quinn, City Clerk ________________ Date Special Conditions:__________________________________________________________________ 3/ 2 2/2 0 2 5 (9 : 0 0 a m ) 54th Sa m C o s t a H a l f M a r a t h o n St a r t / F i n i s h a t N o r t h v i e w C h u r c h Cherry Creek Blvd path Ha z e l D e l l p a t h River Trail path 122nd St path Me d a l i s t 126th St path Main Street Ivy Hill Wl l d c a t Wl l d c a t Osage Northview Church Stagg Hill Kickapoo Ri v e r R d p a t h Penneagle Dunwoody Arapaho Navajo Sioux Comanche Garnet Aquamarine Cantigny Do u b l e E a g l e Jacobsen Community Dr path Cherry Creek Blvd path Main Street 3/22/2025 (9:00am) 18th Sam Costa Quarter Marathon Start/Finish at Northview Church Northview Church Aquamarine Garnet Ha z e l D e l l p a t h Cherry Creek Blvd path Wl l d c a t Osage Kickapoo Stagg Hill Ivy Hill Haverton Cantigny Jacobsen Main Street Penneagle Dunwoody Ivy Hill Penneagle Navajo Sioux Arapaho Comanche Main Street CITY OF CARMEL, IND/ANA CARMEL N A.NA Information 1.CITY FACILITY(S) REQUESTED: Facility(s) 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 Reguest Form must be submitted a minimum of 60 dayJi.P-rior to the P-lanned date of the event or activity..,_ ■Please click here to request the Carter Green or East Patio. Civic Square Fountain Area Civic Square Gazebo I 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 Carter Green Request submission date: 12-14-2024 Department Review:MAC: Yes, 01/06/2025 ENG: Yes, 01/09/2025 CPD:Yes, 01/03/2025 CFD: Yes,01/08/2025 STREETS: Yes, 01/08/2025PARKS: Yes, 01/07/2025 City of Carmel Use Only Approved this __ day of _____ _, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety Laura Campbell, Presiding Officer Date: ___________ _ James Barlow, Member Date: ___________ _ Alan Potasnik, Member Date: ___________ _ ATTEST: Jacob Quinn, City Clerk Date Special Conditions: __________________________ _ 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 January 14, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: STORMWATER TECHNICAL STANDARDS WAIVER – ARDALAN PLAZA-331 W MAIN STREET Dear Board Members: Nick Justice, P.E., with CEC, Inc. has requested a waiver from the Stormwater Technical Standards Manual in association with the Ardalan Plaza project proposed at 331 W Main Street (exhibits attached). The Department of Engineering, in review of the proposed conditions and design standards, has determined that the waivers requested are valid given the existing site constraints involved with the project and recommend approval. Sincerely, Bradley Pease, P.E. City Engineer January 10, 2025 Mr. Caleb Warner City of Carmel- Engineering Department One Civic Square Carmel, IN 46032 Dear Mr. Jordan: Subject: Ardalan Plaza 331 W. Main Street Carmel, IN 46032 PZ-2024-00191-196 DP/ADLS CEC Project 344-583 Civil & Environment Consultants, Inc., on behalf of Studio M Architecture, respectfully request the following to be presented to the Board of Public Works for the 0.66 acre project located at 331 W. Main Street. 1. Request waiver for the requirement of the post-developed release rate from the site is no greater than 0.1 cfs per acre of development for 0-10 year return interval storms and 0.3 cfs per acre of developed area for 11 - 100 year return interval storms. allowable release rate. (STSM 302.03) The reason for the waiver is due to the direct discharge areas on the north edge of the site. Due to site constraints and the existing topography it is not possible to capture this 0.04 acre area along Main Street and route it around the building to the proposed detention system. However, the detention has been sized to capture the stormwater volume for the direct discharge area. Since there is offsite runoff entering the detention system, the impact from the direct discharge area is mitigated and the equivalent volume from the offsite area is detained within the proposed detention system. Therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 2. The 100-year elevation of stormwater detention facilities shall be separated by not less than 25 feet from any building or structure to be occupied. (STSM 302.06.2) The reason for this waiver is due to site constraints. The small site requires a large detention footprint that puts the detention system within 25’ of the proposed building. The detention Caleb Warner CEC Project 344-583 Page 2 January 10, 2025 system is underground and the building foundation is designed to a depth so the excavation of the system will not impact the building. Therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 3. No detention facility or other water storage area, permanent or temporary, shall be constructed under or within twenty (20) feet of any pole or high voltage electric line. Likewise, poles or high voltage electric lines shall not be placed within twenty (20) feet of any detention facility or other water storage area. (STSM 302.06.3) The reason for this waiver is due to site constraints. The small site requires a large detention footprint that puts the detention system within 20’ of the overhead electric line. The detention system is underground and completely enclosed therefore we are confident that the proposed design will not be adversely impacted by this waiver. 4. Detention basins shall be sized to detain the runoff from the fully developed right-of-way per the City of Carmel 20-year Thoroughfare Plan across all frontages, regardless of existing watershed boundaries or drainage breaks/divides. The acreage of the full right- of-way width shall be included in the overall acreage of the development in determining the allowable release rate. (STSM 302.06.12) The reason for this waiver is due to site constraints because of the small property site area relative to the large area from the fully developed right-of-way. The project site is approximately 0.66 acres and the location of the project is at the corner of Main St. & 4th St. creating a fully developed right-of-way area of +1.5 acres. The detention system has been sized to accommodate the entire property therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 5. Finished Floor Elevation and Lowest Adjacent Grade a. The Lowest Adjacent Grade for all residential, commercial, or industrial buildings shall be set a minimum of 2 feet above the highest noted overflow path/ponding elevation across the property frontage unless otherwise approved by the City of Carmel. (STSM 303.07) Caleb Warner CEC Project 344-583 Page 3 January 10, 2025 b. The building’s lowest entry elevation that is adjacent to and facing a road shall be a minimum of 12 inches above the road elevation. (STSM 104.02) The reason for these waivers is due to the existing grade. The project site has a significant grade change with 4th Street to the west being approximately 5-6 feet higher than 3rd Street to the east with over 5-feet of drop. There are also grading constraints in areas that need to maintain ADA compliant pathways. The FFE for the building is set to accommodate all of these considerations and there is positive drainage away from the building towards 3rd Street. An indemnification agreement will be submitted as required. We are confident that the proposed design will not be adversely impacted by this waiver. 6. 30’ curb Radii - Commercial Driveway Depressed Curb (SD 10-22) Due to the condensed site, utility pole obstructions, and grading constraints it is not possible to provide 30’ curb radii. Three of the four radii will be 10’ and one will be 20’. An auto-turn exhibit has been provided and shows that a delivery truck is capable of maneuvering into and out of the alley. Therefore, we are confident that the proposed design will not be adversely impacted by this waiver. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-777 if you have any questions. Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager GR A D I N G L E G E N D : PR O P O S E D B U I L D I N G F.F . E . = 8 3 1 . 0 0 MF P G = 8 3 1 . 9 4 ML A G = 8 3 1 . 9 4 BE N C H M A R K S : UT I L I T Y N O T E : DR A I N A G E S U M M A R Y DE T E N T I O N C R O S S S E C T I O N NTS 8 AB 3 4 5 6 7 1 2 CDEFGH 8 3 4 5 6 7 1 2 ABCDEFGH DESCRIPTION DATE NO REVISION RECORD DATE: DWG SCALE: DRAWN BY: CHECKED BY: APPROVED BY: PROJECT NO: SH E E T OF DR A W I N G N O . : 344-583 JANUARY 09, 2025 DRAFT 33 STUDIO M ARCHITECT ARDALAN PLAZA 331 W. MAIN STREET CARMEL, INDIANA 46032Civil & Environmental Consultants, Inc.www.cecinc.com 530 E. Ohio Street Ph: 317.655.7777 Indianapolis, IN 46204 Suite G NO R T H DATE: DWG SCALE: DRAWN BY: CHECKED BY: APPROVED BY: PROJECT NO: SH E E T OF DR A W I N G N O . : 1"=20' DRAFT DRAFT DRAFT C4 0 0 9 DRAINAGE PLAN CIT Y O F C A R M E L N O T E S : 01 / 0 9 / 2 0 2 5 January 14, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – AES INDIANA – 775 E 96TH STREET Dear Board Members: AES Indiana is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28- 17-01) to install a new mid-span pole near 775 E 96th. The new pole will provide a riser location to facilitate replacement of an existing aerial service with a new underground service connection (exhibit attached). The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is valid and recommends approval of the waiver conditioned upon the following: •The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). •Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be restored to the satisfaction of the City when work is completed. •Access to all adjoining properties shall be maintained at all times. •The petitioner shall be responsible for coordinating relocation of all utility lines attached to the poles and complete removal of any retired or replaced poles. •The petitioner acknowledges that this waiver is for the items described above only. •The petitioner acknowledges that the waiver approved this date does not guarantee approval of any future waiver requests for this or any other project. Sincerely, Bradley Pease, P.E. City Engineer 8 5 ' E-17576- E-6946- E-12501- E-5743-E-5734- E-5734- E-996- INST SVC PED/167-B /167-B /167-B /167-A INST 120/240 N C O L L E G E A V E 96TH ST COLLEGE AVE 9519 9545 775 951 9523 775 755 775 740 777 755 951 9601 9603 9607 25 C 25 C 25 C 25 A100 C 25 A 50 B 50 C INST 25 A 1408 538 537 533533 531 531 538 533 538 B A C B C A B A C B A C B C A 65 T 65T 200 T RM 40 - 5 RM 30 - 5 11 76 125 12 20840 14 75 15 126 121 207 13 439 127 128 576 195 196 194 -INST 4/0 TRI (175') -CUSTOMER TO RELOCATE M/B & SUPPLY TRENCH -INST 500 TRI & 4" CONDUIT (D BORE) RM #2 TRI (FROM P:125 TO HOUSE 775 E 96TH) INST 50'3 POLE(C523.01 @ 1/2B) January 9, 2025 On-Going 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