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HomeMy WebLinkAboutBPW Paperless Packet 03-05-25Board of Public Works and Safety Meeting Agenda Wednesday, March 5, 2025 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 19, 2025, Regular Meeting 2. BID OPENINGS, RECOMMENDATIONS, AND AWARDS a. Bid Award for the City of Carmel RFQ for Vehicles 2025; Chief Drake Sterling, Carmel Police Department b. Bid Award for 22-ENG-05 99th Street Path Construction Between Westfield Blvd and Haverstick Road; Brad Pease, Director of Engineering c. Bid Award for 25-STR-01 106TH Street Bridge Repair; Matt Higginbotham, Street Commissioner 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 Agreement between the City of Carmel Fire Department and Hamilton Southeastern Schools; Emergency Medical Services Clinical Affiliation Agreement; Chief Joel Thacker, Carmel Fire Department b. Request for Agreement between the City of Carmel and Carmel Professional Fire Fighters International Association of Fire Fighters, Local 4444; Union Agreement; Chief Joel Thacker, Carmel Fire Department c. Request for Agreement between the City of Carmel and Fraternal Order of Police Lodge #185; Union Agreement; Chief Drake Sterling, Carmel Police Department d. Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($575,000.00); 22-ENG-05 99th Street Mult-Use Path from Westfield Blvd to Haverstick Road; Brad Pease Director of Engineering e. Request for Purchase of Goods and Services; Rieth-Riley Construction Inc.; ($1,295.02); 20-ENG-01 Smoky Row Road Reconstruction from Old Meridian Road to Rangeline Road; Change Order #9; Brad Pease Director of Engineering f. Request for Purchase of Goods and Services; Angel Oak Tree Care-Angel’s Touch Lawn Care, Inc.; ($75,000.00); Tree Stump Removal Work; Additional Services Amendment; Matt Higginbotham, Street Commissioner g. Request for Purchase of Goods and Services; Howard Asphalt, LLC dba Howard Companies; (6,853,166.82); 25-STR-02 2025 Street Paving; Matt Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; TMT, Inc.;($80,287.50); Mulching; Matt Higginbotham, Street Commissioner i. Request for Purchase of Goods and Services; Preload, LLC.; (-$202,037.00); West Ground Storage Tank; Change Order #1; John Duffy, Director of Utilities 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Japanese Garden and Use/Close City Streets; Special Request to Use Electricity; Cherry Blossom Festival; May 4, 2025; 8:00 AM to 6:00 PM; Evan Kreutzer, Carmel Sister Cities b. Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Midtown Block Party; May 10, 2025; 8:00 AM to 10:00 PM, Tierra Bush, City of Carmel c. Request to Use Veterans Memorial Plaza; Special Request to Use Electricity and Reflecting Room Restroom; Memorial Day Ceremony; May 23, 2025; 7:00 AM to 10:00 AM; Kenna Dishmon, City of Carmel d. 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 and Fountain Restrooms; Eid al Fatir; May 31, 2025; 8:00 AM to 5:00 PM; Ashhar Madni, Eid al Fatir Committee e. Request to Use Midtown Plaza; Carmel Clay Parks Foundation Virtual Summer Fun Run/Walk; June 13, 2025; 3:00 PM to 7:00 PM; Kari Berger, Carmel Clay Parks & Recreation f. Request to Use Civic Square Gazebo and Lawn; Special Request to Use Electricity and Fountain Restroom; Associate Family Picnic; June 29, 2025; 11:30 AM to 4:00 PM; Judy Knafel, Lauth Group, Inc g. Request to Use Carmel City Center and to Use/Close City Streets; Special Request to Use Electricity; OktoberFest; October 3, 2025; 7:00 AM to 11:00 PM; Kenna Dishmon, City of Carmel h. Request to Use Monon & Main Plaza and Use/Close City Streets; Special Request to Use Electricity; Community Wine Festival; October 4, 2025; 8:00 AM to 8:00 PM; Sondra Schwieterman, Indiana on Tap i. Request to Use Carter Green and Use/Close City Streets; Special Request to Use Electricity and James Building Restrooms; Diwali Celebration; October 18, 2025; 8:00 AM to 12:00 AM; Anita Joshi, Diwali Committee 6. OTHER a. Request for Restricted Parking Spaces; 89 Veterans Way; Ristorante Roma Valet Parking b. Resolution BPW 03-05-25-01; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana, Appointing Special Police Officer; Chief Drake Sterling, Carmel Police Department 7. ADD-ONS 8. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 19, 2025 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 Board Member James Barlow called the meeting to order at 10:00 AM 9 10 MEMBERS PRESENT 11 12 Board Members James Barlow, Alan Potasnik, City Clerk Jacob Quinn, and Jessica Dieckman were 13 present. 14 MINUTES 15 Minutes from the February 05, 2025, Regular Meeting. Board Member Potasnik moved to approve. 16 Board Member Barlow seconded. Minutes approved 2-0. 17 BID OPENINGS, RECOMMENDATIONS, AND AWARDS 18 19 Bid Opening for City of Carmel RFQ for Vehicles 2025; 20 Board Member Potasnik unsealed the bids, and Board Member Potasnik read them aloud: 21 Group 1 22 Contractor Bid 23 Eby Ford Sales, Inc $970,889.80 24 Kelley Automotive Group $975,568.00 25 Tom Wood Ford $1,022,810.00 26 Pearson Ford, Inc. $1,055,222.75 27 Andy Mohr Ford $1,125,149.18 28 Group 2 29 Contractor Bid 30 Kelley Automotive Group $168,484.00 31 Eby Ford Sales, Inc $169,365.60 32 Tom Wood Ford $177,840.00 33 Pearson Ford, Inc. $185,521.00 34 Andy Mohr Ford $194,218.32 35 Group 3 36 Contractor Bid 37 Eby Ford Sales, Inc $127,906.20 38 Kelley Automotive Group $128,520.00 39 Tom Wood Ford $134,460.00 40 Pearson Ford, Inc. $140,052.75 41 Andy Mohr Ford $148,060.74 42 Group 4 43 Contractor Bid 44 Dan Young Tipton LLC $49,802.95 45 John Jones Police Pursuit Vehicles $50,739.22 46 Group 5 47 Contractor Bid 48 Eby Ford Sales, Inc $46,325.40 49 Tom Wood Ford $46,530.00 50 Pearson Ford, Inc. $48,351.25 51 Andy Mohr Ford $49,084.68 52 Group 6 53 Contractor Bid 54 John Jones Police Pursuit Vehicles $94,546.00 55 Group 7 56 Contractor Bid 57 Dan Young Tipton LLC $107,483.92 58 John Jones Police Pursuit $112,134.44 59 Group 8 60 Contractor Bid 61 Dan Young Tipton LLC $107,483.92 62 John Jones Police Pursuit Vehicles $126,472.50 63 Group 9 64 Contractor Bid 65 John Jones Police Pursuit Vehicles $42,944.50 66 Group 10 67 Contractor Bid 68 Dan Young Tipton LLC $83,160.60 69 John Jones Police Pursuit Vehicles $85,722.80 70 Group 11 71 Contractor Bid 72 Eby Ford Sales, Inc $49,240.00 73 Pearson Ford, Inc $49,306.25 74 Tom Wood Ford $50,225.00 75 Andy Mohr Ford $5,191,328.00 76 Group 12 77 Contractor Bid 78 Tom Wood Ford $125,4480.00 79 Pearson Ford, Inc. $126,861.00 80 Eby Ford Sales, Inc $127,390.80 81 Andy Mohr Ford $129,083.92 82 83 84 85 86 87 Group 13 88 Contractor Bid 89 Eby Ford Sales, Inc $50,646.26 90 Tom Wood Ford $50,870.00 91 Pearson Ford, Inc. $52,407.25 92 Andy Mohr Ford $55,175.53 93 Group 14 94 Contractor Bid 95 Tom Wood Ford $68,350.00 96 Pearson Ford, Inc. $69,810.25 97 Eby Ford Sales, Inc $70,721.00 98 Andy Mohr Ford $70,937.24 99 Group 14 100 Contractor Bid 101 Tom Wood Ford $68,350.00 102 Pearson Ford, Inc. $69,810.25 103 Eby Ford Sales, Inc $70,721.00 104 Andy Mohr Ford $70,937.24 105 Group 15 106 Contractor Bid 107 Eby Ford Sales, Inc $68,510.36 108 Tom Wood Ford $69,960.00 109 Pearson Ford, Inc. $70,541.25 110 Andy Mohr Ford $72,587.24 111 Group 16 112 Contractor Bid 113 Tom Wood Ford $54,150.00 114 Pearson Ford, Inc. $54,235.25 115 Eby Ford Sales, Inc $54,438.20 116 Andy Mohr Ford $56,326.08 117 Group 17 118 Contractor Bid 119 Eby Ford Sales, Inc $55,510.00 120 Tom Wood Ford $55,825.00 121 Pearson Ford, Inc. $55,963.25 122 Andy Mohr Ford $58,040.08 123 124 125 126 127 128 129 130 131 132 Bid Opening for 22-ENG-05 99th Street Path Construction Between Westfield Blvd and Haverstick 133 Road; 134 Board Member Potasnik unsealed the bids, and Board Member Potasnik read them aloud: 135 Contractor Bid 136 Calumet Civil Contractors, Inc. $575,000.00 137 All Star Paving Inc $668,835.00 138 E&B Paving LLC $668,943.82 139 Morphey Contruction, Inc $677,000.00 140 OLCO, Inc $688,842.1852 141 Yarberry Companies, Inc. $824,272.90 142 Rieth-Riley Construction Co, Inc $886,086.183 143 TABLED ITEMS 144 145 Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 146 11-06-24 REMAINS TABLED 147 148 CONTRACTS 149 150 Request for Agreement between the Park Board and City of Carmel; Parks Resource Officer 151 Agreement with Carmel Police Department; Board Member Potasnik moved to approve. Board 152 Member Barlow seconded. Request approved 2-0. 153 Request for Professional Services; American Structurepoint, Inc.; ($698,000.00); 24-ENG-07 Raised 154 Crosswalks at Hazel Dell, Gray Road, and Main Street; Additional Services Amendment #1; Board 155 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 156 Request for Professional Services; CHA Consulting, Inc.; ($57,500.00); 18-ENG-02 106TH Hazel Dell 157 Roundabout; Additional Services Amendment #1; Board Member Potasnik moved to approve. Board 158 Member Barlow seconded. Request approved 2-0. 159 Request for Professional Services; CrossRoad Engineers, P.C.; ($240,000.00); On Call Plan Review 160 2025-2026; Additional Services Amendment #3; Board Member Potasnik moved to approve. Board 161 Member Barlow seconded. Request approved 2-0. 162 REQUEST TO USE CITY STREETS/PROPERTY 163 164 Request to Use Carter Green and Palladium East Patio; Special Request to Use Electricity; Mira 165 Awards; February 26 through 27, 2025; 5:00 PM to 11:00 PM; Board Member Potasnik moved to 166 approve. Board Member Barlow seconded. Request approved 2-0. 167 Request to Use Midtown Plaza; Community Sensory Day; March 8, 2025; 9:00 PM to 2:00 PM; Board 168 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 169 170 Request to Use/Close City Streets; Annual St. Patrick’s Celebration; March 14 though 17, 2025; 8:00 171 AM to 1:00 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. 172 Request approved 2-0. 173 Request to Use Civic Square Gazebo and Lawn; The CardioCare Race for Hearts 5K; March 29, 174 2025; 8:00 AM to 1:00 PM; Board Member Potasnik moved to approve. Board Member Barlow 175 seconded. Request approved 2-0. 176 Request to Use/Close City Streets; High School Graduation; May 17, 2025; 12:00 PM to 5:00 PM; 177 Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 178 Request to Use Carter Green and Use/Close City Streets; Special Request to Use Electricity; 179 Juneteenth Celebration; June 19, 2025; 10:00 AM to 10:00 PM; Board Member Potasnik moved to 180 approve. Board Member Barlow seconded. Request approved 2-0. 181 Request to Use/Close City Streets; RUN (317) Village of WestClay 5k; June 19, 2025; 12:00 PM to 182 9:30 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 183 approved 2-0. 184 Request to Use Reflecting Pool; Special Request to Use Electricity and Reflecting Pool Restrooms; 185 Submarine Club Event; August 9 through 10, 2025; 7:00 AM to 5:00 PM; Board Member Potasnik 186 moved to approve. Board Member Barlow seconded. Request approved 2-0. 187 Request to Use Civic Square Gazebo and Lawn; Special Request to Use Fountain Restrooms; Wedding 188 Ceremony; September 06, 2025; 5:00 PM to 10:30 PM; Board Member Potasnik moved to approve. 189 Board Member Barlow seconded. Request approved 2-0. 190 OTHER 191 Resolution BPW 02-19-25-01; Approving the Exchange of Property Between Government Entities; 192 Board of Trustees of Sugar Creek Township, Hancock County; ($300,000.00); 2013 Marion Body 193 Works Inc. Rescue Truck; Board Member Potasnik moved to approve. Board Member Barlow 194 seconded. Resolution approved 2-0. 195 Request for Waiver of BPW Resolution No. 04-28-17-01; 10604 106TH Place; Board Member Potasnik 196 moved to approve. Board Member Barlow seconded. Request approved 2-0. 197 Request for Stormwater Technical Standard Waiver; Carmel High School Tennis Complex; Board 198 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 199 Request for Stormwater Technical Standard Waiver; 4411 E 146th Street; Board Member Potasnik 200 moved to approve. Board Member Barlow seconded. Request approved 2-0. 201 Request for Acknowledgment of Grant Agreement; Gregory Hancock Dance Theatre; ($103,000.00); 202 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow seconded. 203 Acknowledgment approved 2-0. 204 Request for Acknowledgment of Grant Agreement; Booth Tarkington Civic Theatre; ($205,000.00); 205 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow seconded. 206 Acknowledgment approved 2-0. 207 Request for Acknowledgment of Grant Agreement; Carmel International Arts Festival, Inc.; 208 ($56,000.00); 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow 209 seconded. Acknowledgment approved 2-0 210 Request for Acknowledgment of Grant Agreement; Carmel Symphony Orchestra, Inc.; ($275,000.00); 211 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow seconded. 212 Acknowledgment approved 2-0 213 Request for Acknowledgment of Grant Agreement; The Great American Songbook Foundation; 214 ($208,000.00); 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow 215 seconded. Acknowledgment approved 2-0 216 Request for Acknowledgment of Grant Agreement; The Cat; ($70,000.00); 2025 Arts Grants; Board 217 Member Potasnik moved to approve. Board Member Barlow seconded. Acknowledgment approved 2-0 218 Request for Acknowledgment of Grant Agreement; Actors Theatre of Indiana, Inc.; ($205,000.00); 219 2025 Arts Grants; Board Member Potasnik moved to approve. Board Member Barlow seconded. 220 Acknowledgment approved 2-0 221 Request for Grant Agreement; Carmel Clay Historical Society; ($100,000.00); Grant for Carmel Clay 222 History Museum; Board Member Potasnik moved to approve. Board Member Barlow seconded. 223 Request approved 2-0. 224 Uniform Conflict of Interest; Board Member Potasnik moved to approve. Board Member Barlow 225 seconded. Acknowledgment approved 2-0 226 Uniform Conflict of Interest; Board Member Potasnik moved to approve. Board Member Barlow 227 seconded. Acknowledgment approved 2-0 228 ADD-ONS 229 Board Member Potasnik moved to add-on a item to the agenda. Board Member Barlow seconded. 230 Add-On Approved 2-0. 231 232 Request for Agreement with Ground Lease; Martin Marietta Materials, Inc.; ($10 per month); 233 The Utilities Department respectfully requests to add the Ground Lease with Martin Marietta 234 Materials, Inc. The ground lease is necessary to place the drilling equipment to create two new wells 235 to improve Carmel’s long-term water supply. The wells will also be beneficial for Martin Marietta’s 236 operation. Still, as far as I understand it, water removal in that area is beneficial for mining operations 237 because Martin Marietta doesn’t have to do it on their own, or at least not as much. Because of that 238 synergetic relationship, Martin Marietta will only charge us nominal rent (10$/month), and if the 239 equipment would have to be moved because of Martin Marietta, it will compensate the City for such 240 move. In sum, it is an exceptionally beneficial lease for the City. Board Member Potasnik moved to 241 approve. Board Member Barlow seconded. Request approved 2-0. 242 243 244 ADJOURNMENT 245 Board Member Barlow adjourned the meeting at 10:34 AM. 246 247 248 249 APPROVED: ____________________________________ 250 Jacob Quinn – City Clerk 251 252 253 _____________________________________ 254 Chairwoman Laura Campbell 255 256 257 ATTEST: 258 __________________________________ 259 Jacob Quinn – City Clerk 260 261 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 CzTfshfzHsfdivlijobu5;35qn-Gfc37-3136 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 3.3 Final Payment. Final payment, constituting theentire unpaid balance ofthe Contract Price, including anyretainage, shall bepaid byCity toContractor within ninety-one (91) days after ithasbecome due and payable. Final payment toContractor shallnot become due and payable until and unless all Goods andServices are delivered, and allWork fortheProject isotherwise fully completed and performed inaccordance with theContract Documents and issatisfactory toandapproved byCity. 3.4 Effect ofFinal Payment. The making offinalpayment shall constitute awaiver ofClaims byCity except those arising from: a. Liens, claims, security interests orencumbrances arising outoftheContract andunsettled; b. Failure ofthe Work tocomply withthe requirements oftheContract Documents; c. Terms ofspecial warranties required bytheContract Documents; d. Claims previously made inwriting andremaining unsettled asofthedate offinalpayment; e. Claims byCityattributable todefective work orprior corrective work, appearing after final inspection; f. Failure ofthe Work tocomply withthe requirements oftheContract Documents; g. Cityclaims and other rights arising under theterms ofanygeneral orspecial warranties, guarantees ormaintenance bonds specified bytheContract Documents orarising thereunder; and h. City claims andotherrights with respect toContractor’sandSurety’scontinuing obligations under theContract andtheContract Document. 3.5 Acceptance byContractor ofanysum tendered by Cityasfinal payment shall constitute awaiver of allclaims by Contractor withrespect tothisAgreement, except those claims authorized bythis Agreement, previously made inwriting and submitted inatimely manner, and specifically identified and reserved byContractor asunresolved intheapplication for finalpayment. 4. CONTRACT DOCUMENTS: 4.1 Scope ofWork. Contractor agrees toprovide alllabor, goods, material, shipping, receiving, supervision, services, supplies, machinery, equipment, storage and any necessary rigging as required forthe Project assetforth inthe attached Exhibit “A” andanyreferences, addenda and/or attachments thereto, Project Manual (ifapplicable), CityofCarmel General Conditions, Cityof Carmel Supplementary Conditions, andallapplicable Drawings andSpecifications (collectively Contract Documents”), allofsuch Contract Documents are fully incorporated herein. Contractor acknowledges thatallreferenced Contract Documents are apartofthisAgreement. 4.2 Contractor Site andDocument Review. Contractor acknowledges that ithashad anadequate opportunity toexamine sufficiently toitssatisfaction the site oftheWork andto review and/orobtain copies oftheContract Documents andtobecome fullyfamiliar withthem, and that itshallnot be excused from anyconditions existing and detectable atthe site oranyprovisions set forth inthe Contract Documents due toanylack ofknowledge orunderstanding ofthe existence orcontents thereof atthetime ofexecuting thisAgreement. Contractor acknowledges theContract Documents tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 2 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 4.3 AllDrawings, Specifications andother items defined herein asContract Documents that have been prepared forthe Project and furnished toContractor byoronbehalf ofCityorother third party are without any representation or warranty bytheCity astothe acceptability, accuracy orsuitability thereof fortheWork. Citymakes norepresentation orwarranty toContractor concerning the acceptability, accuracy orcompleteness oftheContract Documents orother information anddata prepared bypersons other thanCity, and accordingly, City shall have noliability toContractor with respect toanypatent orlatent defects, deficiencies, errors andomissions therein. 4.4 Contractor represents thatithasreviewed the Contract Documents, visited thesite and provided City with written notice ofanyconcerns ornecessary clarifications resulting fromthese reviews and investigations priortosubmitting itsproposal orbidtoCityandexecuting thisAgreement. Contractor waives therighttorequest andincrease inthe Contract Priceorextension oftheProject completion deadline asaresult ofitsfailure toraisesuch concerns orclarifications with City. 4.5 Intent oftheContract Documents. The Contract Documents shall be deemed toinclude andrequire allitems andaspects oflabor, material, equipment, services and transportation incidental toor necessary fortheproper and efficient execution and completion oftheWork as itrelates tothe Project. The Contract Documents are complementary, andwhat isrequired by any onedocument shall beasbinding asifrequired byall. Work notspecifically covered intheContract Documents or which issubject toquestion andinterpretation because ofconflicts, duplications orambiguities may, atCity'soption, berequired of Contractor ifitisconsistent therewith and isreasonably inferable therefrom asbeing necessary toproduce the results intended bythisAgreement. Assuch, anypart ofthe Work shown onDrawings butnotspecifically mentioned intheSpecifications orviceversa shall beconsidered aspartofthe Work, thesame as though included inboth. 4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and similar submittals required bytheContract Documents with reasonable promptness and insuch sequence as tocause nodelayintheWork orintheactivities ofothercontractors orsubcontractors. IfContractor shall make changes indesign, including dimensional changes, either through shop drawings oractual field work, itshall accept the responsibility forthe structural and functional adequacy ofsuch changes and their acceptance byCity orProject’sarchitect. Any structural or functional inadequacies which maydevelop because ofsuch changes shall beremedied by Contractor unless such change isspecifically included inachange order. 4.7 Taxes. Asapublic, municipal entity, theCity ofCarmel, and its various departments, areexempt fromsales and compensating use taxes onalltangible personal property (materials, equipment and components) pursuant tothelawoftheState ofIndiana. Contractor shall notinclude any charges representing suchtaxes on anyinvoices hereunder. Contractor shall beresponsible forallfranchise fees andtaxes ofany kind whatsoever. 5. WARRANTY: 5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe Goods and Services/theWork covered bythis Agreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely, goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis 3 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient fortheirparticular purpose. 5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract Documents willbe ofthebestquality andnew unless theContract Documents require orpermit otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods, Work, materials, orequipment not conforming tothese requirements may beconsidered defective. Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish satisfactory evidence astothekind andquality ofmaterials and equipment. 5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall payCity forallexpenses incurred inany delay caused byremedying defective orotherwise nonconforming Work. 5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this Section shall survive completion and acceptance oftheWork and Project and termination ofthe Agreement. 5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork, Contractor shall assign toCityall warranties obtained orobtainable byContractor from manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of reproducible drawings withallfield changes noted onthem relating totheimprovements constructed under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce and effect. 5.6 Notwithstanding anything tothe contrary contained inContract Documents with respect to warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect, limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot appear within theapplicable warranty period following acceptance ofthe Work and which could not, bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any such latent defects which arereported toContractor byCityinwriting within ninety (90) days after such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects shall remain infull force and effect andforthe same duration as withany other warranty provided in this Article orotherwise available orprescribed bylaw. 4 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 6. TIME AND PERFORMANCE: 6.1 This Agreement shall become effective as ofthelast date onwhich aparty hereto executes same Effective Date”), andboth parties shall thereafter perform their obligations hereunder inatimely manner. Time isoftheessence ofthis Agreement. 6.2 Contractor shall continuously monitor the construction schedule and advise Cityonaregular basis of thestatus ofContractor’sprogress with respect tosuch schedule atany timeCity’srepresentative requests Contractor todoso, including the furnishing ofinformation onthe status ofshop drawings, samples, submittals and materials, machinery orequipment which may be inthecourse of preparation ofmanufacture. 6.3 If, intheopinion ofCity, Contractor isbehind schedule intheperformance oftheWorkorisfailing, without cause, tomaintain progress oftheWork ortoconform tothe general progress ofallwork for the Project, Contractor agrees that itshall, atitsown expense, perform such overtime work, use extralabor, and undertake allother means necessary tobringthe Work back on schedule. 6.4 Ifthere are anyconflicting times ordurations foraction, submissions, notices orresponses thereto byContractor between oramong the Contract Documents, thecontrolling timeorduration for such action, submissions, notices orresponses thereto byContractor shall betheearlier of such times and shorter ofsuch durations, unless Cityexpressly agrees inwriting otherwise. 7. MEANS AND METHODS: Contractor isresponsible forthe means, methods, techniques, sequences orprocedures, and safety precautions and programs inconnection withprovision ofGoods and Services andrelated work under the Contract Documents. Atalltimes during performance oftheWork, Contractor shall maintain and designate toCityadequate, experienced andcooperative supervisory personnel, including afull-time on-siteproject manager orsuperintendent ifrequired by Contract Document orfederal, state orlocal laws, rules and regulations. City shall not have control over orcharge of, andshallnotberesponsible for, means, methods, techniques, sequences orprocedures, orforthesafety precautions andprograms inconnection with the performance oftheWork byContractor andshallnot beresponsible forany omission orfailure onthepartof theContractor toproperly perform itsobligations. Contractor shall beresponsible toCity forContractor’s negligent acts oromissions orfailure toperform. 8. DISCLOSURE AND WARNINGS: Ifrequested byCity, Contractor shall promptly furnish toCity, insuch form anddetail asCity may direct, alist ofallchemicals, materials, substances and items used inorduring theprovision oftheGoods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services. 9. PROTECTION OFWORK: Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 5 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 10. SUBCONTRACTS: Byappropriate agreement, written where legally required forvalidity, Contractor shall require each subcontractor, totheextent oftheWork to beperformed bythe subcontractor, to bebound toContractor by terms oftheContract Documents, and toassume toward Contractor alltheobligations andresponsibilities, including theresponsibility for safety ofContractor’sWork, which Contractor, by theseContract Documents, assumes toward City. Each subcontract agreement shall preserve andprotect therights ofCityunder the Contract Documents with respect tothe Work tobeperformed bysubcontractor so that contracting thereof willnotprejudice such rights, andshall allow tosubcontractor, unless specifically provided otherwise inthe contract agreement, the benefit ofallrights, remedies and redress against Contractor that Contractor, bythe Contract Documents, hasagainst City. Where appropriate, Contractor shall require each subcontractor to enter intosimilar agreements withitssubcontractors. 11. LIENS: Contractor shall notcause orpermit thefiling ofany lien on any ofCity’sproperty. In theevent any such lien isfiled and Contractor failstoremove such lien within ten (10) daysafter thefiling thereof, bypayment or bonding, Cityshall have theright topaysuch lienor obtain such bond, allatContractor’ssole costand expense. 12. DEFAULT: Intheevent Contractor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Contractor’swarranties; (b) failstoprovide the Goods andServices as specified herein; (c) failstomake progress soastoendanger timely andproper provision ofthe Goods and Services and does notcorrect such failure orbreach within five (5) business days (orsuch shorter period oftime asis commercially reasonable under the circumstances) after receipt ofnotice from City specifying such failure or breach; or (d) becomes insolvent, is placed intoreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, eachsuch event constituting anevent ofdefault hereunder, Cityshall have the rightto 1) terminate allorany parts ofthisAgreement, without liability toContractor; and (2) exercise allother rights and remedies available toCityatlaw and/orinequity. 13. INSURANCE AND INDEMNIFICATION: 13.1 Contractor shall procure and maintain infull force and effect during thetermof this Agreement, with an insurer licensed todobusiness intheState ofIndiana, such insurance asisnecessary fortheprotection ofCityand Contractor fromallclaims fordamages under any workers’ compensation, occupational disease and/orunemployment compensation act; forbodily injuries including, but notlimited to, personal injury, sickness, disease ordeath ofortoany of Contractor’sagents, officers, employees, contractors and subcontractors; and, forany injury toordestruction ofproperty, including, but notlimited to, anyloss ofuse resulting therefrom. Thecoverage amounts shall benoless than those amounts set forth inattached Exhibit C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder this Agreement orContractor’suse ofCity property. 13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder, Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers 6 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 satisfactory toCity and provide certificates ofsuch insurance toCity upon itswritten request. Should Contractor failorneglect toprovide the required insurance, orallow anyrequired coverage tolapse, City shall havethe right, but nottheduty, toprovide such insurance anddeduct the costthereof from anymoney due toContractor any andallpremiums paid byCityforandonaccount ofsaid insurance. Thepolicy or policies, and each certificate ofinsurance, shall further provide thatthe insurance willnot becancelled bythe Insurer orthelimitsofliability reduced byendorsement prior toatleast thirty (30) days after written notice by certified mail ofsuchcancellation orchange has been provided bytherespective insurer toCity. No less than fourteen (14) daysprior tothe expiration, cancellation ortermination ofany suchpolicy, Contractor shall supply City with anewandreplacement Certificate ofInsurance and Additional Insured endorsement as proof ofrenewal oftheoriginal policy andcoverage, with suchneworreplacement policy andendorsements inthesame manner and forthesame coverage and amounts infavor ofCity assetforth inthisParagraph. 13.3 Indemnity. Tothefullest extent permitted bylaw, Contractor shall indemnify, hold harmless and defend City andallofitsofficers, directors and employees, fromand against allclaims, suits, demands, causes ofaction, damages, losses, costs andexpenses, including reasonable attorney'sandContractor’s feesand expenses, butonlytothe extent caused byContractor’snegligent performance oftheWork under thisAgreement, oroccasioned byanybreach ornonperformance ofitsterms, provided thatanysuchclaim, suit, demand, cause ofaction, damage, loss, cost, fees orexpense: (a) isattributable tobodily injury, sickness, disease ordeath, orpatent infringement, orinjury toordestruction oftangible orrealproperty, including thelossofusethereof andconsequential damages resulting therefrom, orisattributable to damages fromeconomic harm orloss; and (b) iscaused inwhole orinpart byany negligent actoromission, wrongful act, orotherbreach ofduty ofContractor oranyone directly orindirectly employed byitoranyone forwhose acts itmaybeliable, regardless ofwhether such claim, suit, damage, loss, cost orexpense is caused inpart byanyjoint, several orcomparative, butnot sole, negligent act oromission, ofCity. 13.4 The foregoing obligations ofContractor shallnotbeaffected orlimited inanyway byanyinsurance required ofor provided to Contractor under the Agreement. The indemnification and hold harmless obligations asprovided herein shall not negate, abridge orotherwise reduce any other right andremedy of City orobligation ofindemnity by Contractor which would otherwise exist infavor ofCity under this Agreement. 14. GOVERNMENT COMPLIANCE: Contractor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which may beapplicable toContractor’sperformance ofitsobligations under thisAgreement, andall relevant provisions thereof areincorporated herein bythis reference. Contractor agrees toindemnify and hold harmless City from any loss, damage and/orliability resulting from anysuch violation ofsuch laws, orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis Agreement. 15. NONDISCRIMINATION: Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 7 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 16. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated herein bythis reference (the “Indiana E-Verify Law”), Contractor isrequired toenroll inand verify thework eligibility status ofits newly-hired employees using theE-Verify program, andtoexecute the Affidavit attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-verify program and does not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Contractor shall provide theCity with documentation indicating that ithasenrolled and isparticipating inthe E-Verify program. Should Contractor subcontract fortheperformance ofanywork under andpursuant tothis Agreement, it shall fully comply with theIndiana E-Verify Law as regards each suchsubcontractor. Should theContractor orany subcontractor violate the Indiana E-Verify law, theCitymay require acure ofsuch violation and thereafter, ifnotimely cure isperformed, terminate this Agreement inaccordance with either the provisions hereof orthose setforth inthe Indiana E-Verify Law. Therequirements ofthis paragraph shall notapply should theE-Verify program cease toexist. 17. OWNERSHIP AND USE OFDOCUMENTS: TheReports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications andother documents prepared oremployed byContractor during thecourse offurnishing theWork toCity under thisAgreement shallbeand become theproperty ofthe City, whether the Project iscompleted ornot; accordingly, such materials may beused by theCity for information andreference and inconnection with City’s involvement ontheProject. Suchitems anddocuments may alsobeused byCityforcompletion ofthe Project orwork with respect thereto byothers ifContractor isindefault under this Agreement, inwhich case Contractor shall provide City with reproducible copies ofsuch reports, recommendations, analyses, surveys, data, calculations, drawings, schedules, specifications and other documents forsuchuse butshall not beobligated to sign, certify orseal such copies. Contractor may utilize thename, images ordescriptions ofthe Project inits promotional andmarketing materials, except thatitshallnotutilize, publish oradvertise any unique ordistinctive components ofthe design, drawings orspecifications fortheProject insuch promotional and marketing materials without firstobtaining thewritten consent ofCity. Contractor will have noliability toCityarising from City’suseoralteration oftheabove-referenced documents onany unrelated project. 18. NOIMPLIED WAIVER: Thefailure of either party torequire performance bythe other ofanyprovision ofthis Agreement shall not affect therightofsuch partytorequire such performance atany time thereafter, nor shall thewaiver byany party ofabreach ofany provision ofthis Agreement constitute awaiver ofany succeeding breach ofthe same orany other provision hereof. 19. NON-ASSIGNMENT: Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall notdelegate itsobligations under this Agreement without City’sprior written consent. 20. RELATIONSHIP OFPARTIES: The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to Contractor under orpursuant tothis Agreement. 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes 8 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 ordisagreements. Ifdisputes ordisagreements doarise, City and Contractor each commit to resolving such disputes ordisagreements inanamicable, professional and expeditious manner so astoavoid unnecessary losses, delays and disruptions totheWork. Cityand Contractor shallcommence allclaims and causes ofaction, whether incontract, tort, or otherwise, against theotherarising out oforrelated tothisAgreement within theperiod specified by applicable law, butifnototherwise specified byapplicable law, within notmore thanten (10) years after thedateofSubstantial Completion ofthe Work. AllContract Documents are tobeconstrued inaccordance with andgoverned bythelaws ofthe State ofIndiana, except foritsconflict oflaws provisions. 21.2 Litigation. Claims, disputes andother matters incontroversy arising outoforrelated tothis Agreement, nototherwise resolved inaccordance withtheprovisions above, theparties agree that, intheevent alawsuit isfiled hereunder, they waive theirright toajury trial, agree tofile anysuch lawsuit inanappropriate court inHamilton County, Indiana only, andagree thatsuch court isthe appropriate venue for and has jurisdiction oversame, andany hearing, trial orconference shall take place inthatlocale, unless agreed tootherwise inwriting byCity and Contractor. City and Contractor consent tothechoice oflaw, the choice ofdispute resolution designated by them, venue asprovided herein, andtopersonal jurisdiction over each ofthem asprovided herein andwaive anyrightto object tothe exercise ofpersonal jurisdiction bythe court andtoexclusive venue inthislocale. Anyaward, judgment oragreement insettlement ofadispute concerning such matters and resulting from negotiations orlitigation inwhich City andContractor are parties orparticipants shall beas binding upon surety asthough surety were named and joined insuch proceeding, provided that Contractor has been given areasonable opportunity tojoin, participate, assist orprovide supporting evidence inthe presentation ofany claim, defense orother issue incontroversy thatissettled or resolved thereby. 21.3 Continuation ofWork. Provided City continues tomake payments ofamounts notindispute, no dispute under this Paragraph shall interfere with theprogress oftheWork, and Contractor shall proceed withfurnishing the Work, including disputed performance, despite theexistence of, and without awaiting theresolution of, anysuch dispute. Thefailure orrefusal ofContractor tocontinue performing under such circumstances shallconstitute adefault under thisAgreement. 21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor shall furnish andpresent toCity non-privileged evidence, documentation and other information to support itsclaim, defense orother position with respect thereto. 21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there and other components ofhome office overhead, forlosses offinancing, business andreputation, for lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit except anticipated profit arising directly from theWork being performed hereunder. This waiver is applicable, without limitation, toallconsequential damages due toeither party’stermination in 9 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 accordance with this Agreement. 22. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 23. NOTICE: Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 IftoContractor: Calumet CivilContractors, Inc. 4898 Fieldstone Drive Whitestown, Indiana 46075 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from thedate ofsuchoral notice. 24. TERMINATION: 24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to receive onlypayment for theundisputed invoice amount representing conforming Goods and Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed theContract Price amount ineffect atthe time oftermination, unless the parties have previously agreed inwriting toagreater amount. 24.2 Citymay terminate thisAgreement atanytimeupon thirty (30) days prior notice toContractor. Inthe event ofsuch termination, Contractor shallbe entitled toreceive onlypayment forthe undisputed invoice amount ofconforming Goods andServices delivered asofthe date oftermination, except thatsuch payment amount shall not exceed theContract Price amount ineffect atthetime of termination, unless theparties have previously agreed inwriting toagreater amount. 25. REPRESENTATIONS AND AUTHORITY TO EXECUTE: Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons executing this Agreement havethe authority tobind theparty which they represent. 10 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 26. FINAL COMPLETION AND CLOSEOUT: Inaddition toany requirements forfinal completion and closeout listed inGeneral and Supplementary Conditions, asacondition offinal payment andContract closeout, Contractor certifies orshall submit toCity thefollowing: a. Contractor certifies that payrolls, billsformaterials and equipment, and other indebtedness connected with theWork, forwhich CityorCity’sproperty might beresponsible orencumbered, lessamounts withheld bytheCity) have been paid orotherwise satisfied; b. Anyapplicable Contractor guarantees andwarranties; c. Acertificate evidencing thatinsurance required bytheContract Documents toremain inforce after final payment iscurrently ineffect; d. Consent ofsurety, ifany, tofinal payment; e. As-constructed record copyoftheContract Documents marked toindicate field changes and selections made during construction; f. Ifapplicable, allmanufacturer’swarranties, product data, testing and/orinspection results or reports, and maintenance andoperations manuals; g. Ifrequired byCity, other data establishing payment orsatisfaction ofobligations, such as receipts, or releases andwaivers ofliens, claims, security interests, orencumbrances, arising outoftheContract, totheextent and insuch form asmay bedesignated byCity; h. Anyother submittals required bythe Contract Documents; and i. Satisfactory evidence that any claims orliens filedhave been discharged orsatisfied. Ifan architect, aconsultant, orasubcontractor, orother person orentity providing services orwork fortheContractor, refuses tofurnish arelease orwaiver required byCity, theContractor may furnish abond satisfactory tothe Citytoindemnify City against such liens, claims, security interests, orencumbrances. Ifsuch liens, claims, security interests, orencumbrances remains unsatisfied after payments aremade, the Contractor shall refund toCity allmoney that City may becompelled topayin discharging such liens, claims, security interests, orencumbrances, including allcosts and reasonable attorney’sfees. 27. TERM: Unless otherwise terminated inaccordance with thetermination provisions under Contract Documents hereinabove, this Agreement shall beineffect from the Effective Date through satisfactory completion ofthe Work and delivery ofallGoods andServices according totheestablished schedule. 28. HEADINGS: Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 29. BINDING EFFECT: The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations set forth inAgreement. 30. NOTHIRD PARTY BENEFICIARIES: This Agreement gives norights orbenefits toanyone other than Cityand Contractor. 31. DEBARMENT AND SUSPENSION: 31.1 The Contractor certifies byentering intothisAgreement that neither itnoritsprincipals nor any of its 11 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into this Agreement byanyfederal agency orbyanydepartment, agency orpolitical subdivision ofthe State ofIndiana. The term “principal” forpurposes ofthis Agreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Contractor. 31.2 TheContractor certifies thatithasverified thestate andfederal suspension and debarment status forallsubcontractors receiving funds under this Agreement and shallbesolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Contractor shall immediately notify theCity ifany subcontractor becomes debarred orsuspended, andshall, attheCity’srequest, take allsteps required bytheCity toterminate itscontractual relationship with the subcontractor for work tobeperformed under thisAgreement. 32. PRIOR WORK: Inthe event that Contractor has delivered anyGoods and Services and/orperformed any oftheWork under this Agreement prior tothe date ofthisAgreement, pursuant toanauthorization toproceed orverbal directive issued byCity toContractor oraletter ofintent orverbal understanding entered into byand between Cityand Contractor, thisAgreement andalloftheterms andconditions thereof, including the payment obligations of Cityforsuch prior deliveries and/orperformance, shall govern such priordeliveries and/orperformance tothe same extent asthough they were performed ordelivered after the date hereof, andany amounts that were earned byContractor and paid byCity toContractor, orearned byContractor and still tobepaid byCity to Contractor, forsuch other previously delivered Goods andServices orperformed Work, shallbeapplied asa credit against Contractor’soverall compensation under this Agreement. 33. RIGHT TO ATTORNEY FEES: Inthe event City employs attorneys orincurs other expenses itmay deem necessary toprotect orenforce its rights under the Agreement where Contractor isindefault orbreach oftheAgreement, orCity otherwise is required toundertake performance ofContractor’sobligations hereunder because ofContractor’sfailure or refusal toperform, Contractor agrees topay theattorney fees, costs and expenses soincurred byCity. Furthermore, wherever intheAgreement Contractor agrees topayexpenses incurred byCity such expenses shall include, but are notlimited to, attorney fees incurred byCity. 34. DRUG FREE WORK SITE: Contractor anditsemployees shall comply withallprovisions ofthe Drug Free Workplace Act of1988 as amended. Theunlawful manufacture, distribution, dispensation, possession oruse ofacontrolled substance intheworkplace isprohibited. Contractor isresponsible forthedevelopment implementation, administration and enforcement ofaformal substance abuse policy (“Substance Abuse Policy”) which, as, aminimum, meets the standards set forth bythe City. 35. COMPLIANCE WITH IND. CODE § 5-16-13: Totheextent that this Project andAgreement issubject totherequirements ofIndiana Code § 5-16-13et seq., which areincorporated byreference as iffully restated herein, Contractor shallcomply with all applicable requirements setforththerein. 36. ACCESS TOPUBLIC RECORDS ACT: Contractor understands andagrees that any “public record”, asthat term isdefined inIndiana Code 5-14-3- 2(m), asamended, that isrelated to the subject matter ofthe Contract, whether the same isinthe 12 Calumet Civil Contractors, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116517 Contract NotToExceed $575,000.00 possession or control ofContractor orCity, shall besubject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, etseq., asamended. 37. COMPETING LAWS: As between inconsistent provisions among Federal, Stateandlocal laws, Contractor should generally comply withthe more stringent requirement, unless aFederal law, rule orregulation requires thatthe affected Federal provision be observed, notwithstanding theexistence ofamore stringent applicable State orlocal requirement. 38. IRAN CERTIFICATION: Pursuant toI.C. § 5-22-16.5, theContractor shallcertify that, insigning thisAgreement, itdoes notengage in investment activities within the Country ofIran. 39. ADVICE OFCOUNSEL: Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame freely, voluntarily, andwithout anyduress, undue influence orcoercion. 40. ENTIRE AGREEMENT: ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire agreement between Contractor andCitywith respect tothesubject matter hereof, and supersedes allprior oral orwritten representations andagreements regarding same. Notwithstanding any other term orcondition setforth herein, butsubject toparagraph 16hereof, totheextent any term orcondition contained inany exhibit attached tothisAgreement orinanydocument referenced herein conflicts withanyterm orcondition contained in thisAgreement, the term orcondition contained in thisAgreement shall govern andprevail. This Agreement mayonly bemodified bywritten amendment executed byboth parties hereto, ortheir successors ininterest. 13 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. City of Carmel Project 20-ENG-01 Smoky Row Road Reconstruction from Old Meridian Road to Rangeline Road CHANGE ORDER #9 This Change Order shall consist of establishing additional new contract pay items for added work associated with the Smoky Row Contract for Project 20-ENG-01. This change in contract items consists of incorporating additional items performed on a time and materials basis and adjustment of original plan quantities to reflect the final quantities in place. Contract Price prior to this Change Order $8,610,255.81 Contract Price will be increased/decreased by this Change Order $ 1,295.02 New Contract Price including this Change Order $8,611,550.83 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract $7,198,416.21 $7,198,416.21 N/A CO1 $ 67,144.18 $7,265,560.39 0.93% CO2 $ 793,523.68 $8,059,084.07 11.96% CO3 $ 171,824.40 $8,230,908.47 14.34% CO4 $ - 21,052.12 $8,209,856.35 14.05% CO5 $ 36,949.54 $8,246,805.89 14.56% CO6 $ 59,928.64 $8,306,734.53 15.40% CO7 $ 201,137.72 $8,507,872.25 18.19% CO8 $ 102,383.56 $8,610,255.81 19.61% CO9 $ 1,295.02 $8,611,550.83 19.63% CITY OF CARMEL TO: Rieth-Riley Construction CONTRACT CHANGE ORDER NO.: 9 1751 W. Minnesota Street DATE: 2/05/25 Indianapolis, IN. 46221 PROJECT NAME: Smoky Row Road Reconstruction CITY REQ. NO.: 20-ENG-01 CITY P. O. NO.: 106303 CITY P. O. DATE.: 2/23/22 I. You are directed to make the following changes in this Contract: This Change Order shall consist of establishing additional new contract pay items for added work associated with the Smoky Row Contract for Project 20-ENG-01. This change in contract items consists of incorporating additional items performed on a time and materials basis and adjustment of original plan quantities to reflect the final quantities in place. II. The following referenced documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: W.D.C. No.: Other: ATTACHMENT A The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $ 8,610,255.81 Contract Price will be increased/decreased by this Change Order $ 1,295.02 New Contract Price including this Change Order $ 8,611,550.83 Contract Time Prior to this Change Order 0 Days 12/2/23 Completion Date Net increased/decreased resulting from this Change Order _____ Days Current Contract Time including this Change Order 0 Days 12/2/23 Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are The Above Changes Are Approved: Recommended: Accepted: EGIS Group Rieth-RileyConstruction Inc. _____________________ ENGINEER CONTRACTOR Laura Campbell, Presiding Officer 8320 Craig Street 1751 W. Minnesota Street _____________________ Address Address James Barlow, Member _____________________ Alan Potasnik, Member Indianapolis, IN 46250 Indianapolis, IN 46221 _____________________ City/State/Zip City/State/Zip Bradley Pease, PE, City Engineer By: By: ATTEST: Phone: 317-849-5832 Phone: 317-634-5561 _____________________ Jacob Quinn,Clerk Date: Date: Date:_________________ Item No. Description Units Unit Price Increase Decrease Increase Decrease 4 PIPE ABANDON AND GROUT FILL LFT 23.13$ 65 $0.00 $1,503.45 8 SIDEWALK CONCRETE, REMOVE SYS 20.84$ 35.40 $737.74 $0.00 9 INLET, REMOVE EACH 631.33$ 3.00 $1,893.99 $0.00 10 POST, REMOVE EACH 232.64$ 3 $0.00 $697.92 11 PIPE, REMOVE LFT 31.64$ 50.00 $1,582.00 $0.00 13 EXCAVATION, COMMON CYS 69.76$ 125.70 $8,768.83 $0.00 14 BORROW CYS 37.69$ 775 $0.00 $29,209.75 15 EXCAVATION, WATERWAY CYS 76.42$ 65 $0.00 $4,967.30 16 PUMP AROUND EACH 25,304.40$ 1 $0.00 $25,304.40 17 STORMWATER MANAGEMENT BUDGET DOL 1.00$ 25732.47 $0.00 $25,732.47 21 SUBGRADE TREATMENT, TYPE II SYS 18.72$ 581.66 $0.00 $10,888.68 21A SUBGRADE TREATMENT, TYPE II-ESCALATED UNIT COST SYS 0.30$ 581.66 $0.00 $174.50 22 SUBGRADE TREATMENT, TYPE III SYS 4.11$ 689.84 $2,835.24 $0.00 22A SUBGRADE TREATMENT, TYPE III-ESCALATED UNIT COST SYS 0.07$ 689.84 $48.29 $0.00 23 SUBGRADE TREATMENT, TYPE IC SYS 30.85$ 3401.95 $0.00 $104,950.16 23A SUBGRADE TREATMENT, TYPE IC-ESCALATED UNIT COST SYS 2.65$ 3401.95 $0.00 $9,015.17 25 STRUCTURE BACKFILL, TYPE 2 CYS 48.26$ 579.20 $27,952.19 $0.00 26 GEOGRID, TYPE IB SYS 4.53$ 262.17 $1,187.63 $0.00 28 COMPACTED AGGREGATE NO. 53 CYS 95.67$ 183.64 $0.00 $17,568.84 28A COMPACTED AGGREGATE NO. 53-ESCALATED UNIT COST CYS 1.34$ 183.64 $0.00 $246.08 30 COMPACTED AGGREGATE NO. 53 TON 56.01$ 50.57 $2,832.43 30A COMPACTED AGGREGATE NO. 53-ESCALATED UNIT COST TON 0.96$ 50.57 $0.00 $48.55 31 MILLING, ASPHALT, 1 1/2 IN.SYS 7.98$ 559 $0.00 $4,460.82 31A MILLING, ASPHALT, 1 1/2 IN.-ESCALATED UNIT COST SYS 0.08$ 559 $0.00 $44.72 32 QC/QA-HMA, 3, 70, SURFACE, 9.5 mm TON 113.96$ 51.52 $5,871.22 $0.00 32A QC/QA-HMA, 3, 70, SURFACE, 9.5 mm-ESCALATED UNIT COST TON 8.06$ 114.79 $925.21 $0.00 33 QC/QA-HMA, 3, 64, INTERMEDIATE, 19.0 mm TON 111.74$ 93.91 $10,493.50 $0.00 33A QC/QA-HMA, 3, 64, INTERMEDIATE, 19.0 mm-ESCALATED UNIT COST TON 8.46$ 93.91 $794.48 $0.00 34 QC/QA-HMA, 3, 64, BASE, 25.0 mm TON 93.18$ 128.00 $11,927.04 $0.00 34A QC/QA-HMA, 3, 64, BASE, 25.0 mm-ESCALATED UNIT COST TON 7.91$ 128.00 $1,012.48 $0.00 35 JOINT ADHESIVE, SURFACE LFT 0.39$ 3409 $0.00 $1,329.51 36 JOINT ADHESIVE, INTERMEDIATE LFT 0.47$ 3295 $0.00 $1,548.65 37 LIQUID ASPHALT SEALANT LFT 0.20$ 5145 $0.00 $1,029.00 38 QC/QA-HMA, 3, 76, INTERMEDIATE, OG 19.0 mm TON 90.60$ 143.51 $13,002.01 $0.00 38A QC/QA-HMA, 3, 76, INTERMEDIATE, OG 19.0 mm-ESCALATED UNIT COST TON 7.10$ 143.51 $1,018.92 $0.00 39 HMA FOR TEMPORARY PAVEMENT, B TON 168.74$ 87.15 $0.00 $14,705.69 40 ASPHALT FOR TACK COAT TON 0.01$ 12 $0.00 $0.12 41 RAISED PEDESTRAIN CROSSING SYS 254.80$ 16.6 $0.00 $4,229.68 41A RAISED PEDESTRAIN CROSSING-ESCALATED UNIT COST SYS 5.94$ 16.6 $0.00 $98.60 42 COLORED AND JOINTED CONCRETE, 7" SYS 104.57$ 6.70 $700.62 $0.00 42A COLORED AND JOINTED CONCRETE, 7"-ESCALATED UNIT COST SYS 6.47$ 6.70 $43.35 $0.00 48 BARRIER, DELINEATOR EACH 500.00$ 1.00 $500.00 $0.00 50 TEMPORARY FENCE LFT 86.50$ 16.44 $0.00 $1,422.06 50A TEMPORARY FENCE-ESCALATED UNIT COST LFT 10.39$ 16.44 $0.00 $170.81 51 HMA FOR SIDEWALK TON 151.82$ 72.73 $0.00 $11,041.87 51A HMA FOR SIDEWALK-ESCALATED UNIT COST TON 11.09$ 72.73 $0.00 $806.58 51 SIDEWALK, CONCRETE SYS 63.09$ 85.80 $5,413.12 52A SIDEWALK, CONCRETE-ESCALATED UNIT COST SYS 3.39$ 85.80 $290.86 $0.00 53 CURB RAMP, CONCRETE SYS 189.86$ 22.30 $4,233.88 $0.00 53A CURB RAMP, CONCRETE-ESCALATED UNIT COST SYS 6.78$ 22.30 $151.19 $0.00 54 DETECTABLE WARNING SURFACES SYS 301.83$ 2.9 $0.00 $875.31 54A DETECTABLE WARNING SURFACES-ESCALATED UNIT COST SYS 0.93$ 2.9 $0.00 $2.70 55 HAND RAIL, PEDESTRIAN LFT 324.00$ 11.9 $0.00 $3,855.60 55A HAND RAIL, PEDESTRIAN-ESCALATED UNIT COST LFT 9.95$ 11.9 $0.00 $118.41 56 CURB, CONCRETE LFT 31.91$ 39.20 $1,250.87 $0.00 56A CURB, CONCRETE-ESCALATED UNIT COST LFT 1.33$ 39.20 $52.14 $0.00 57 CURB AND GUTTER, CONCRETE, TYPE II LFT 26.53$ 1436 $0.00 $38,097.08 57A CURB AND GUTTER, CONCRETE, TYPE II-ESCALATED UNIT COST LFT 1.57$ 1436 $0.00 $2,254.52 59 CENTER CURB, D CONCRETE SYS 120.87$ 277.5 $33,541.43 59A CENTER CURB, D CONCRETE-ESCALATED UNIT COST SYS 10.65$ 277.5 $0.00 $2,955.38 60 CURB, TURNOUT LFT 102.03$ 14.00 $1,428.42 $0.00 61 CURB AND GUTTER, ROLL CURB LFT 31.70$ 392.40 $12,439.08 $0.00 61A CURB AND GUTTER, ROLL CURB-ESCALATED UNIT COST LFT 1.99$ 354.40 $705.26 $0.00 62 CURB AND GUTTER, CONCRETE, TYPE III LFT 29.31$ 134.50 $3,942.20 $0.00 62A CURB AND GUTTER, CONCRETE, TYPE III-ESCALATED UNIT COST LFT 1.67$ 134.50 $224.62 $0.00 64 HMA FOR APPROACHES, TYPE B TON 272.76$ 7.93 $2,162.99 $0.00 64A HMA FOR APPROACHES, TYPE B-ESCALATED UNIT COST TON 11.83$ 7.93 $93.81 $0.00 65 PCCP FOR APPROACHES, 6 IN.SYS 81.83$ 57.14 $4,675.77 66 PCCP FOR APPROACHES, 9 IN.SYS 110.17$ 38.30 $4,219.51 66A PCCP FOR APPROACHES, 9 IN.-ESCALATED UNIT COST SYS 7.05$ 38.30 $270.02 $0.00 66 MAILBOX ASSEMBLY, SINGLE EACH 200.00$ 1 $0.00 $200.00 67A MAILBOX ASSEMBLY, SINGLE-ESCALATED UNIT COST EACH 2.11$ 1 $0.00 $2.11 68 MAILBOX ASSEMBLY, DOUBLE EACH 300.00$ 2 $0.00 $600.00 68A MAILBOX ASSEMBLY, DOUBLE -ESCALATED UNIT COST EACH 2.12$ 2 $0.00 $4.24 69 MONUMENT, B EACH 700.00$ 19 $0.00 $13,300.00 70 MONUMENT, C EACH 600.00$ 4 $0.00 $2,400.00 71 MONUMENT, D EACH 125.00$ 3 $0.00 $375.00 73 RIPRAP, REVETMENT TON 107.74$ 190.76 $0.00 $20,552.48 74 GEOTEXTILE FOR RIPRAP TYPE 1A SYS 2.26$ 287.26 $0.00 $649.21 75 MOBILIZATION AND DEMOBILIZATION FOR SEEDING EACH 50.00$ 1 $0.00 $50.00 CHANGE ORDER NO. 9-FINAL ATTACHMENT A Quantity Amount 76 FERTILIZER TON 500.00$ 0.9 $0.00 $450.00 77 MULCHED SEEDING U SYS 0.75$ 786.00 $589.50 $0.00 77A MULCHED SEEDING U -ESCALATED UNIT COST SYS 0.03$ 786.00 $23.58 $0.00 78 WATER kGAL 1.00$ 15 $0.00 $15.00 79 TOPSOIL CYS 77.38$ 169.00 $13,077.22 $0.00 79A TOPSOIL -ESCALATED UNIT COST CYS 0.63$ 169.00 $106.47 $0.00 80 SODDING, NURSERY SYS 3.00$ 936.70 $2,810.10 $0.00 80A SODDING, NURSERY-ESCALATED UNIT COST SYS 0.41$ 936.70 $384.05 $0.00 81 FIELD OFFICE MOS 3,953.00$ 12 $0.00 $47,436.00 82 TEST PILE, INDICATOR, PRODUCTION LFT 131.83$ 15.9 $0.00 $2,096.10 84 PILE, STEEL PIPE, 0.312 IN., 14 IN.LFT 163.80$ 22.90 $3,751.02 $0.00 86 CONCRETE, C, SUBSTRUCTURE CYS 1,444.67$ 1.70 $2,455.94 $0.00 89 CONCRETE, C, SUPERSTRUCTURE CYS $ 1,200.35 1.8 $0.00 $2,160.63 97 PIPE, TYPE 2, CIRCULAR, 36 IN.LFT 128.96$ 9 $0.00 $1,160.64 98 PIPE, TYPE 4, CIRCULAR, 6 IN.LFT 13.00$ 836 $0.00 $10,868.00 98A PIPE, TYPE 4, CIRCULAR, 6 IN.-ESCALATED UNIT COST LFT 0.61$ 836 $0.00 $509.96 99 PIPE, TYPE 2, CIRCULAR, 12 IN.LFT 56.22$ 46.6 $0.00 $2,619.85 99A PIPE, TYPE 2, CIRCULAR, 12 IN.-ESCALATED UNIT COST LFT 0.64$ 31.6 $0.00 $20.22 100 PIPE, TYPE 2, CIRCULAR, 15 IN.LFT 61.30$ 37.00 $2,268.10 $0.00 101 PIPE, TYPE 2, CIRCULAR, 18 IN.LFT 67.40$ 4.50 $303.30 $0.00 102 PIPE, TYPE 2, CIRCULAR, 24 IN.LFT 85.66$ 7 $0.00 $599.62 103 PIPE, TYPE 2, CIRCULAR, 30 IN.LFT 117.25$ 1.50 $175.88 $0.00 104 PIPE, END BENT DRAIN, 6 IN.LFT 27.93$ 75 $0.00 $2,094.75 105 PIPE, SLOTTED DRAIN, 12 IN.LFT 215.38$ 28.3 $0.00 $6,095.25 105A PIPE, SLOTTED DRAIN, 12 IN.-ESCALATED UNIT COST LFT 3.75$ 28.3 $0.00 $106.13 106 WATER MAIN, DUCTILE IRON, 12 IN. LFT 156.63$ 7.50 $1,174.73 $0.00 107 VIDEO INSPECTION FOR PIPE LFT 2.00$ 6205 $0.00 $12,410.00 107A VIDEO INSPECTION FOR PIPE-ESCALATED UNIT COST LFT 0.03$ 6205 $0.00 $186.15 108 VIDEO INSPECTION FOR UNDERDRAINS LFT 1.00$ 1608 $0.00 $1,608.00 108A VIDEO INSPECTION FOR UNDERDRAINS-ESCALATED UNIT COST LFT 0.02$ 1608 $0.00 $32.16 109 GEOTEXTILES FOR UNDERDRAIN, TYPE 1A SYS 2.00$ 1337.3 $0.00 $2,674.60 109A GEOTEXTILES FOR UNDERDRAIN, TYPE 1A-ESCALATED UNIT COST SYS 0.22$ 1337.3 $0.00 $294.21 111 AGGREGATE FOR UNDERDRAINS CYS 80.00$ 148.3 $0.00 $11,864.00 111A AGGREGATE FOR UNDERDRAINS-ESCALATED UNIT COST CYS 11.36$ 148.3 $0.00 $1,684.69 113 CASTING, FURNISH AND ADJUST TO GRADE EACH 1,728.20$ 4 $0.00 $6,912.80 113A CASTING, FURNISH AND ADJUST TO GRADE-ESCALATED UNIT COST EACH 10.73$ 4 $0.00 $42.92 114 CASTING, INLET, ADJUST TO GRADE EACH 789.36$ 2 $0.00 $1,578.72 114A CASTING, INLET, ADJUST TO GRADE-ESCALATED UNIT COST EACH 10.73$ 4 $0.00 $42.92 115 CASTING, MANHOLE, ADJUST TO GRADE EACH 1,209.74$ 1.00 $1,209.74 $0.00 115A CASTING, MANHOLE, ADJUST TO GRADE-ESCALATED UNIT COST EACH 10.39$ 3 $0.00 $31.17 119 MANHOLE, C4 EACH 4,434.91$ 1.00 $4,434.91 $0.00 119A MANHOLE, C4-ESCALATED UNIT COST EACH 96.23$ 1.00 $96.23 $0.00 120 STRUCTURE, MANHOLE, RECONSTRUCTED LFT $ 826.94 2.00 $1,653.88 $0.00 122 CASTING, WATER VALVE, ADJUST TO GRADE EACH 363.79$ 2 $0.00 $727.58 122A CASTING, WATER VALVE, ADJUST TO GRADE-ESCALATED UNIT COST EACH 5.70$ 2 $0.00 $11.40 125 INLET, C15 EACH 3,754.94$ 3 $0.00 $11,264.82 125A INLET, C15-ESCALATED UNIT COST EACH 66.59$ 3 $0.00 $199.77 127 WALL, DECORATIVE LFT 763.98$ 0.7 $0.00 $534.79 127A WALL, DECORATIVE-ESCALATED UNIT COST LFT 49.24$ 41.40 $2,038.54 $0.00 130 ROAD CLOSURE SIGN ASSEMBLY EACH $ 225.00 46 $0.00 $10,350.00 130A ROAD CLOSURE SIGN ASSEMBLY-ESCALATED UNIT COST EACH $ 40.00 46 $0.00 $1,840.00 131 TEMPORARY PAVEMENT MARKING, REMOVABLE, 4 IN LFT $ 1.10 17411 $0.00 $19,152.10 131A TEMPORARY PAVEMENT MARKING, REMOVABLE, 4 IN-ESCALATED UNIT COST LFT $ 0.20 17411 $0.00 $3,482.20 132 TEMPORARY PAVEMENT MARKING, REMOVABLE, 24 IN LFT 8.00$ 24 $0.00 $192.00 132A TEMPORARY PAVEMENT MARKING, REMOVABLE, 24 IN-ESCALATED UNIT COST LFT 1.00$ 24 $0.00 $24.00 133 DETOUR ROUTE MARKER ASSEMBLY EACH 70.00$ 2 $0.00 $140.00 134 CONSTRUCTION SIGN, A EACH 110.00$ 12.00 $1,320.00 $0.00 134A CONSTRUCTION SIGN, A-ESCALATED UNIT COST EACH 20.00$ 1.00 $20.00 $0.00 135 CONSTRUCTION SIGN, B EACH 50.00$ 10 $0.00 $500.00 135A CONSTRUCTION SIGN, B-ESCALATED UNIT COST EACH 10.00$ 10 $0.00 $100.00 137 BARRICADE, III-A LFT 16.00$ 148 $0.00 $2,368.00 137A BARRICADE, III-A-ESCALATED UNIT COST LFT 2.00$ 148 $0.00 $296.00 138 BARRICADE, III-B LFT 16.00$ 16 $0.00 $256.00 138A BARRICADE, III-B-ESCALATED UNIT COST LFT 2.00$ 16 $0.00 $32.00 139 DETECTABLE PEDESTRIAN BARRICADES LFT 20.00$ 30 $0.00 $600.00 140 SIGN, SHEET, REMOVE EACH 181.00$ 5 $0.00 $905.00 141 SIGN POST, SQUARE TYPE 1 REINFORCED ANCHOR BASE LFT 39.60$ 80.00 $3,168.00 $0.00 142 SIGN, SHEET, WITH LEGEND, 0.080 IN. SFT 25.20$ 6 $0.00 $151.20 143 SIGN, SHEET, WITH LEGEND, 0.100 IN. SFT 28.50$ 11.00 $313.50 $0.00 144 SIGN, SHEET, WITH LEGEND, 0.125 IN. SFT 38.30$ 17.00 $651.10 $0.00 145 SIGN GROUND MOUNTED RESET EACH $ 323.00 1 $0.00 $323.00 146 3-IN. (OD) ALUMINUM TUBE, NON-FLUTED LFT 190.00$ 10 $0.00 $1,900.00 147 CONTROLLER AND CABINET, P1 EACH 11,721.00$ 1.00 $11,721.00 $0.00 150 CONDUIT, PVC, 2 IN. SCHEDULE 80 LFT 27.20$ 1,204.00 $32,748.80 $0.00 151 CONTROLLER CABINET FOUNDATION, P1 EACH $ 2,085.00 1.00 $2,085.00 $0.00 152 CONDUIT, PVC, 4 IN. SCHEDULE 80 LFT 56.00$ 675.00 $37,800.00 $0.00 153 LUMINAIRE ORNAMENTAL EACH 5,579.00$ 1.00 $5,579.00 $0.00 154 LIGHT POLE ORNAMENTAL EACH 5,469.00$ 1.00 $5,469.00 $0.00 155 WIRE, NO. 6 COPPER, IN PLASTIC DUCT, 4 1/C LFT 18.50$ 112.00 $2,072.00 $0.00 156 WIRE, NO. 6 COPPER, IN PLASTIC DUCT, IN TRENCH, 4 1/C LFT 15.40$ 8 $0.00 $123.20 157 LIGHTING FOUNDATION, CONCRETE, WITH GROUNDING, 30 IN X 96 IN EACH 1,854.00$ 1.00 $1,854.00 $0.00 158 CABLE, POLE CIRCUIT, THWN, NO. 10 COPPER, STRANDED 1/C LFT 1.20$ 364.00 $436.80 $0.00 159 CONNECTOR KIT, UNFUSED EACH $ 42.50 1.00 $42.50 $0.00 160 CONNECTOR KIT, FUSED EACH $ 45.40 1.00 $45.40 $0.00 161 MULTIPLE COMPRESSION FITTING, WATERPROOFED EACH 15.90$ 4.00 $63.60 $0.00 162 INSULATION LINK, WATERPROOFED EACH 14.60$ 8.00 $116.80 $0.00 163 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. LFT 0.65$ 40.00 $26.00 $0.00 163A LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN.-ESCALATED UNIT COST LFT 0.03$ 40.00 $1.20 $0.00 164 LINE, MULTI-COMPONENT, SOLID, YELLOW, 4 IN. LFT 6.00$ 2.00 $12.00 $0.00 164A LINE, MULTI-COMPONENT, SOLID, YELLOW, 4 IN.-ESCALATED UNIT COST LFT 1.35$ 2.00 $2.70 $0.00 165 LINE, THERMOPLASTIC, DOTTED, WHITE, 8 IN. LFT 1.30$ 16.00 $20.80 $0.00 165A LINE, THERMOPLASTIC, DOTTED, WHITE, 8 IN.-ESCALATED UNIT COST LFT 0.05$ 16.00 $0.80 $0.00 166 TRANSVERSE MARKING, THERMOPLASTIC, YIELD LINE, WHITE, 36 IN. LFT 14.00$ 21 $0.00 $294.00 166A TRANSVERSE MARKING, THERMOPLASTIC, YIELD LINE, WHITE, 36 IN.-ESCALATED UNIT COST LFT 0.50$ 21 $0.00 $10.50 167 LINE, THERMOPLASTIC, SOLID, WHITE, 6 IN. LFT 0.95$ 19.00 $18.05 $0.00 167A LINE, THERMOPLASTIC, SOLID, WHITE, 6 IN.-ESCALATED UNIT COST LFT 0.02$ 19.00 $0.38 $0.00 168 LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN. LFT 1.30$ 44 $0.00 $57.20 168A LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN.-ESCALATED UNIT COST LFT 0.05$ 44 $0.00 $2.20 169 LINE, THERMOPLASTIC, SOLID, WHITE, 12 IN. LFT 4.50$ 35 $0.00 $157.50 169A LINE, THERMOPLASTIC, SOLID, WHITE, 12 IN.-ESCALATED UNIT COST LFT 0.10$ 35 $0.00 $3.50 170 LINE, PAINT, SOLID, YELLOW, 4 IN.LFT 0.55$ 4,384.50 $2,411.48 $0.00 170A LINE, PAINT, SOLID, YELLOW, 4 IN.-ESCALATED UNIT COST LFT 0.03$ 1,142.00 $34.26 $0.00 171 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN. LFT 0.65$ 188.00 $122.20 $0.00 171A LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN.-ESCALATED UNIT COST LFT 0.03$ 188.00 $5.64 $0.00 172 TRANSVERSE MARKING, THERMOPLASTIC, STOP LINE, WHITE, 24 IN. LFT 8.00$ 59 $0.00 $472.00 172A TRANSVERSE MARKING, THERMOPLASTIC, STOP LINE, WHITE, 24 IN. -ESCALATED UNIT COST LFT 2.25$ 59 $0.00 $132.75 173 TRANSVERSE MARKING, PAINT, STOP LINE, WHITE, 24 IN. LFT 10.00$ 143.50 $1,435.00 $0.00 173A TRANSVERSE MARKING, PAINT, STOP LINE, WHITE, 24 IN. -ESCALATED UNIT COST LFT 0.25$ 58.00 $14.50 $0.00 174 TRANSVERSE MARKING, THERMOPLASTIC, CROSSWALK LINE, WHITE 6 IN. LFT 0.95$ 39.00 $37.05 $0.00 174A TRANSVERSE MARKING, THERMOPLASTIC, CROSSWALK LINE, WHITE 6 IN.-ESCALATED UNIT COST LFT 0.02$ 39.00 $0.78 $0.00 176 PAVEMENT MESSAGE MARKING, THERMOPLASTIC PED XING EACH 250.00$ 1 $0.00 $250.00 176A PAVEMENT MESSAGE MARKING, THERMOPLASTIC PED XING-ESCALATED UNIT COST EACH 15.00$ 1 $0.00 $15.00 177 SNOWPLOWABLE RAISED PAVEMENT MARKER EACH 65.00$ 5.00 $325.00 $0.00 177A SNOWPLOWABLE RAISED PAVEMENT MARKER-ESCALATED UNIT COST -ESCALATED UNIT COST EACH 18.00$ 5.00 $90.00 $0.00 179 HANDHOLE EACH 1,731.00$ 1.00 $1,731.00 $0.00 180 TWO 2" CONDUIT HDPE SDR11 VIA HDD LFT 75.40$ 215.00 $16,211.00 $0.00 181 TWO 2" CONDUITS LFT 66.10$ 36.00 $2,379.60 $0.00 182 ONE 1.25" CONDUIT LFT 30.10$ 260 $0.00 $7,826.00 183 BULK 4 SERIES HANDHOLE TYPE 1 EACH 4,207.00$ 2.00 $8,414.00 $0.00 184 SANITARY SEWER SERVICE ADJUSTMENT (UNDISTRIBUTED)LFT 115.11$ 100 $0.00 $11,511.00 186 FORCE ACCOUNT WORK ASBESTOS REMOVAL BUDGET DOL 1.00$ 4000 $0.00 $4,000.00 187 PRIVATE IRRIGATION DOL 1.00$ 733.96 $733.96 $0.00 188 SUBGRADE TREATMENT (UNDISTRIBUTED) CYS 89.86$ 132.99 $11,950.48 $0.00 188A SUBGRADE TREATMENT (UNDISTRIBUTED)-ESCALATED UNIT COST CYS 7.67$ 131.99 $1,012.36 $0.00 189 STAMPED CROSSWALK SYS 243.00$ 7.00 $1,701.00 $0.00 191 FENCE,WOOD, REMOVE AND REPLACE LFT 83.31$ 23.80 $1,982.78 $0.00 191A FENCE,WOOD, REMOVE AND REPLACE-ESCALATED UNIT COST LFT 1.02$ 23.80 $24.28 $0.00 192 MULCHED SEEDING NATIVE SLOPE PRAIRIE SYS 2.69$ 41 $110.29 $0.00 193 TEST PILE INDICATOR,PRODUCTION (H-PILE)LFT 128.02$ 1.9 $243.24 $0.00 194 PILE,STEEL,H HP12x53 LFT 160.39$ 2.2 $0.00 $352.86 198 HMA TRAIL REMOVE AND REPLACE 4”TON 170.00$ 13.02 $0.00 $2,213.40 198A HMA TRAIL REMOVE AND REPLACE 4"-ESCALATED UNIT COST TON 11.09$ 13.02 $0.00 $144.39 199 REPLACE CONCRETE NODE AT TRAIL HEAD 6"SYS 127.59$ 41.7 $0.00 $5,320.50 199A REPLACE CONCRETE NODE AT TRAIL HEAD 6"-ESCALATED UNIT COST SYS 4.29$ 41.7 $0.00 $178.89 200 STONE SHOULDERS TON 75.00$ 31.97 $0.00 $2,397.75 200A STONE SHOULDERS-ESCALATED UNIT COST TON 5.60$ 31.97 $0.00 $179.03 202 LIMESTONE BENCHES REMOVE AND RESET EACH 700.00$ 6 $0.00 $4,200.00 206 SUBGRADE TREATMENT, TYPE IBC,14",4% CEMENT SYS 23.74$ 2,615.95 $62,102.65 $0.00 206A SUBGRADE TREATMENT, TYPE IBC,14",4% CEMENT-ESCALATED UNIT COST SYS 0.53$ 2,615.95 $1,386.45 $0.00 208 UNDERDRAIN OUTLET PIPE LFT 26.86$ 27.00 $725.22 $0.00 209 CURB, TYPE B, MODIFIED, 24"LFT 45.00$ 198.5 $0.00 $8,932.50 209A CURB, TYPE B, MODIFIED, 24"-ESCALATED UNIT COST LFT 1.99$ 289 $0.00 $575.11 219 ADDITIONAL MOBILIZATION FOR GUARDRAIL RESET LSUM 2,685.59$ 1.00 $2,685.59 $0.00 217 FIRE HYDRANT EXTENSION EACH 2,806.86$ 1.00 $2,806.86 $0.00 220 GUARDRAIL, RESET LFT 18.26$ 3.50 $63.91 $0.00 224 SHREDDED HARDWOOD BARK MULCH CYS 118.17$ 18 $0.00 $2,127.06 504 CONCRETE, REMOVE SYS 55.83$ 42.00 $2,344.86 $0.00 506 TEMPORARY INLET PROTECTION EA 100.00$ 9 $0.00 $900.00 507 TEMPORARY SILT FENCE LFT 1.75$ 210 $0.00 $367.50 508 TEMPORARY SEED LBS 2.75$ 33.44 $0.00 $91.96 509 TEMPORARY MULCH, TYPE A TONS 425.00$ 0.45 $0.00 $189.49 510 SUBGRADE TREATMENT, TYPE III SYS 5.17$ 65 $0.00 $336.05 511 STRUCTURE BACKFILL, TYPE 1 CYS 51.81$ 21.85 $0.00 $1,132.05 512 STRUCTURE BACKFILL, TYPE 4 CYS 142.24$ 15.15 $0.00 $2,154.94 513 COMPACTED AGGREGATE, NO. 53, BASE TON 54.80$ 292.08 $0.00 $16,005.98 514 MILLING, ASPHALT, 1.5 IN.SYS 9.37$ 260.22 $2,438.26 $0.00 515 QC/QA-HMA, 3, 70, SURFACE, 9.5mm TON 157.97$ 79.32 $12,530.18 $0.00 516 QC/QA-HMA, 3, 76, INTERMEDIATE, 19.0mm TON 183.94$ 11.6 $0.00 $2,133.70 517 QC/QA-HMA, 3, 64, BASE, 25.0mm TON 137.74$ 22.69 $3,125.32 $0.00 518 QC/QA-HMA, 3, 76, INTERMEDIATE, OG, 19.0mm TON 146.72$ 18.04 $0.00 $2,646.83 519 HMA SURFACE, TYPE B, 9.5mm TON 254.29$ 2.72 $0.00 $691.67 520 HMA INTERMEDIATE, TYPE B, 19.0mm TON 186.30$ 4.26 $0.00 $793.64 521 QC/QA-PCCP, 9 IN.SYS 132.37$ 113.00 $14,957.81 $0.00 523 DETECTABLE WARNING SURFACE SYS 469.72$ 5.16 $2,423.76 $0.00 524 CURB, INTEGRAL CONCRETE LFT 41.70$ 114 $0.00 $4,753.80 525 STRAIGHT CURB, CONCRETE LFT 38.76$ 19 $0.00 $736.44 526 CURB AND GUTTER, CONCRETE LFT 51.96$ 5.00 $259.80 $0.00 528 CENTER CURB, D, CONCRETE SYS 213.47$ 2.44 $520.87 $0.00 529 RIPRAP, REVETMENT TON 105.63$ 5.42 $572.51 $0.00 530 GEOTEXTILES FOR RIPRAP, TYPE 1A SYS 96.17$ 7.59 $729.93 $0.00 531 MOBILIZATION AND DEMOBILIZATION FOR SEEDING EA 50.00$ 1 $0.00 $50.00 532 TOPSOIL CYS 100.58$ 28 $0.00 $2,816.24 533 SODDING SYS 3.00$ 2.00 $6.00 $0.00 534 PIPE, TYPE 4, 6 IN.LFT 21.36$ 101 $0.00 $2,157.36 536 PIPE, TYPE 2 CIRCULAR, 15 IN.LFT 158.54$ 1 $0.00 $158.54 537 PIPE, TYPE 2 CIRCULAR, 24 IN.LFT 135.67$ 9.00 $1,221.03 $0.00 539 PIPE, REMOVE LFT 84.36$ 4 $0.00 $337.44 544 STRUCTURE, MANHOLE, RECONSTRUCTED LFT 1,606.12$ 2.00 $3,212.24 $0.00 545 CASTING, ADJUST TO GRADE EA 1,126.15$ 1.00 $1,126.15 $0.00 547 AGGREGATE FOR UNDERDRAINS CYS 75.96$ 11 $0.00 $835.56 548 GEOTEXTILES FOR UNDERDRAINS SYS 2.15$ 83.00 $178.45 $0.00 549 TEMPORARY PAVEMENT MARKING, REMOVABLE, 4 IN LFT 0.50$ 275.5 $0.00 $137.75 560 SIGNAL CABLE, COPPER, 5C/14 GAUGE LFT 4.70$ 883.00 $4,150.10 $0.00 561 CABLE POLE, CIRCUIT XHHW NO 10 CU STD LFT 1.40$ 330.00 $462.00 $0.00 564 HANDHOLE, LIGHTING EA 1,747.00$ 1.00 $1,747.00 $0.00 565 WIRE NO 4 CU IN DUCT IN CONDUIT 4 1/C LFT 18.70$ 314.00 $5,871.80 $0.00 566 CONDUIT, 2 IN. PVC LFT 27.50$ 1,923.00 $52,882.50 $0.00 567 TRANSVERSE MARKING, THERMOPLASTIC, CROSSWALK LINE, WHITE, 24 IN. LFT 10.00$ 58.00 $580.00 $0.00 568 LINE, THERMOPLASTIC, BROKEN, WHITE, 4 IN. LFT 1.00$ 28 $0.00 $28.00 569 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. LFT 1.00$ 38.00 $38.00 $0.00 570 LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN. LFT 2.00$ 2 $0.00 $4.00 571 LINE, THERMOPLASTIC, DOTTED, WHITE, 8 IN. LFT 2.00$ 17.00 $34.00 $0.00 572 TRANSVERSE MARKING, THERMOPLASTIC, YIELD LINE LFT 18.00$ 3 $0.00 $54.00 573 LINE, PREFORMED PLASTIC, SOLID, WHITE, 4 IN. LFT 2.25$ 237.00 $533.25 $0.00 574 LINE, PREFORMED PLASTIC, SOLID, YELLOW, 4 IN. LFT 2.25$ 258 $0.00 $580.50 577 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN. LFT 1.00$ 138.00 $138.00 $0.00 578 TRANSVERSE MARKING, THERMOPLASTIC, STOP LINE, 24 IN. LFT 10.00$ 13 $0.00 $130.00 581 7" PCCP - TRUCK APRON SYS 149.72$ 94 $0.00 $14,073.68 590 MOVE STOCKPILED MATERIAL TO FACILITATE CPE LS 1,145.10$ 1.00 $1,145.10 $0.00 591 RAISE PATH ON NS SMOKY FROM FREELAND TO ROHER LS 20,599.53$ 1.00 $20,599.53 $0.00 592 VAC FOR UTILITIES ON ADDED WORK ITEMS LS 16,664.02$ 1.00 $16,664.02 $0.00 593 ASPHALT WEDGING LS 34,927.36$ 1.00 $34,927.36 $0.00 594 ADDITIONAL MOBILIZATION WORK DUE TO OLD TOWN DELAY LS 87,339.75$ 1.00 $87,339.75 $0.00 595 BENCHMARK, POST LS 3,383.85$ 1.00 $3,383.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $671,874.07 $670,579.05 $1,295.02 SUBTOTAL TOTAL NET INCREASE CzBmmjtpoMzodi.NdHsbuibu:;42bn-Gfc37-3136 CzTfshfzHsfdivlijobu5;35qn-Gfc37-3136 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 3.2 Contractor agrees nottoperform anywork orprovide additional goods andservices toCity that would cause the total costofthe Goods and Services provided byContractor toCityhereunder to exceed theContract Price, unless Cityhas previously agreed, inwriting, topay anamount inexcess 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 2 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 tobesuitable for Contractor’sWork and sufficient for their intended purpose, andagrees toperform theWork and tocomplete thesame forthe Contract Price and within theProject timeline, infulland strictaccordance with theContract Documents and toCity’ssatisfaction, and thatitwillperform the Work so asnot toviolate any term, covenant orcondition ofthe Contract Documents orapplicable codes and laws. 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. 3 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 5. WARRANTY: 5.1 Inaddition toallwarranties required byContract Documents, Contractor expressly warrants thatthe Goods and Services/theWork covered bythis Agreement willconform tothose certain specifications, descriptions and/orquotations regarding same aswereprovided toContractor byCity and/orby Contractor toand accepted byCity, allofwhich documents areincorporated herein by reference, and thattheGoods andServices/the Work will be delivered and/orperformed inatimely, goodand workmanlike manner andfreefrom defect. Contractor acknowledges thatitknows ofCity’s intended use andexpressly warrants that theGoods andServices provided toCity pursuant tothis Agreement havebeen selected by Contractor based upon City’sstated useandarefitand sufficient fortheirparticular purpose. 5.2 Further, Contractor warrants toCitythatmaterials and equipment furnished under theContract Documents willbe ofthebestquality andnew unless theContract Documents require orpermit otherwise. The performance oftheWork shall not limit, voidorotherwise compromise ordiminish anyequipment ormanufacturer warranty thatistobeissued under theContract Documents. Goods, Work, materials, orequipment not conforming tothese requirements may beconsidered defective. Contractor’swarranty excludes remedy fordamage ordefect caused byabuse, alterations tothe Work notexecuted byContractor, improper orinsufficient maintenance, improper operation, or normal wear andtear and normal usage. Ifrequired bythe City, theContractor shall furnish satisfactory evidence astothekind andquality ofmaterials and equipment. 5.3 Contractor shall, atitssole expense, promptly andproperly repair, replace orotherwise correct any Work that is (i) rejected byCity or Architect, or (ii) known, observed ordiscovered atanytimeby Contractor, City orArchitect tobedefective orfailing toconform tothe Contract Documents andshall payCity forallexpenses incurred inany delay caused byremedying defective orotherwise nonconforming Work. 5.4 Ifwithin two (2) years afterfinal completion oftheProject, orsuch longer period asestablished with respect toContractor’sobligations under the Contract Documents, theWork oranyportion thereof is found tobenotinaccordance with the requirements oftheContract Documents, Contractor shall correct itpromptly afterreceipt ofwritten notice from City todoso. Contractor’sobligations under this Section shall survive completion and acceptance oftheWork and Project and termination ofthe Agreement. 5.5 Any and allwarranties whichareavailable onany material orequipment orother service which is partoftheWork willbe provided toCity atnoadditional cost. Upon completion oftheWork, Contractor shall assign toCityall warranties obtained orobtainable byContractor from manufacturers andsuppliers ofequipment andmaterials incorporated into theWork bywritten instrument ofassignment inaformacceptable toCity. Contractor shall furnish City with copies ofall warranties, guarantees, operating manuals relative toequipment installed, and acomplete set of reproducible drawings withallfield changes noted onthem relating totheimprovements constructed under theContract. Theassignment ofsuchmanufacturer andsupplier warranties shall not relieve Contractor ofany ofits ownwarranty obligations under this Article, whichshall remain infullforce and effect. 5.6 Notwithstanding anything tothe contrary contained inContract Documents with respect to warranties, itisunderstood andagreed thatthe foregoing warranties and guarantees shall notaffect, 4 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 limitorimpair City'srightagainst Contractor with regard tolatent defects inthe Work which donot appear within theapplicable warranty period following acceptance ofthe Work and which could not, bytheexercise ofreasonable care and duediligence, beascertained ordiscovered byCitywithin suchwarranty period. Contractor shall beand remain liable and responsible tocorrect and cure any such latent defects which arereported toContractor byCityinwriting within ninety (90) days after such latent defect first appears orcould, bytheexercise ofreasonable care andduediligence, be ascertained or discovered byCity. City’swarranty rights and remedies with respect tolatent defects shall remain infull force and effect andforthe same duration as withany other warranty provided in this Article orotherwise available orprescribed bylaw. 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 5 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 relating thereto. Atthetimeofthe delivery oftheGoods andServices provided hereunder, Contractor agrees tofurnish toCity sufficient written warning and notice (including appropriate labels oncontainers and packing) ofanyhazardous material utilized inorthatisapart ofthe Goods and Services. 9. PROTECTION OFWORK: Contractor shall atitsown expense takeallnecessary precautions toprotect thework ofother trades from anydamage caused byContractor’soperations, and watch over, care forandprotect from damage orinjury byanycause whatsoever, allofContractor’sWork, complete orotherwise, and allofitsmaterials, supplies, tools, machinery and equipment atornear theProject. 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 6 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 C. Contractor shall cause itsinsurers toname City asanadditional insured onallsuch insurance policies, shallpromptly provide City, upon request, with copies ofallsuch policies, and shall provide that such insurance policies shall not becanceled without thirty (30) days prior notice toCity. Contractor shall indemnify andhold harmless City from andagainst any and allliabilities, claims, demands orexpenses including, butnot limited to, reasonable attorney fees) forinjury, death and/ordamages toany person or property arising from orinconnection withContractor’sprovision ofGoods andServices pursuant toorunder this Agreement orContractor’suse ofCity property. 13.2 Notwithstanding any other provision ofthisAgreement tothecontrary, should anypolicy required by theContract Documents becanceled orotherwise terminated before thecompletion of theWork hereunder, Contractor shallexertallreasonable efforts toprocure andmaintain inforce similar insurance from insurers 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, 7 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 orders, rules, regulations andcodes. This indemnification obligation shall survive thetermination ofthis Agreement. 15. NONDISCRIMINATION: Contractor represents and warrants that itand allofitsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam eraveteran status. 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. 8 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 19. NON-ASSIGNMENT: Contractor shall notassign orpledge this Agreement, whether ascollateral foraloan orotherwise, and shall notdelegate itsobligations under this Agreement without City’sprior written consent. 20. RELATIONSHIP OFPARTIES: The relationship oftheparties hereto shall beasprovided forinthisAgreement, and neither Contractor nor any ofitsofficers, employees, contractors, subcontractors and agents areemployees ofCity. The contract price setforth herein shall bethefulland maximum compensation andmonies required ofCity tobepaid to Contractor under orpursuant tothis Agreement. 21. GOVERNING LAW; CONFLICT RESOLUTION: 21.1 General. Cityand Contractor arefully committed toworking with eachother throughout theProject andagree tocommunicate regularly with each otheratalltimes soastoavoid orminimize disputes 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. 9 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 21.4 Claims Against Third Parties. Inany instance orproceeding whereby any claim, dispute orother matter incontroversy between City and Contractor involves, arises from orgives rise toasimilar claim, dispute orother matter incontroversy asbetween City andanother third-party, Contractor shall furnish andpresent toCity non-privileged evidence, documentation and other information to support itsclaim, defense orother position with respect thereto. 21.5 Waiver ofConsequential Damages. Contractor waives anyclaims against City forconsequential damages arising out oforrelating tothisAgreement. This waiver includes damages incurred by Contractor forprincipal office expenses, including the compensation ofpersonnel stationed there and other components ofhome office overhead, forlosses offinancing, business andreputation, for lossofmanagement oremployee productivity orofthe services ofsuchpersons and forlossofprofit except anticipated profit arising directly from theWork being performed hereunder. This waiver is applicable, without limitation, toallconsequential damages due toeither party’stermination in accordance with this Agreement. 22. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 23. NOTICE: Any notice provided for inthis Agreement will besufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, tothe party tobenotified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Street Department Office ofCorporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 IftoContractor: Howard Asphalt, LLCd/b/aHoward Companies 2916Kentucky Avenue Indianapolis, Indiana 46221 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslongaswritten notice isthen provided as set forth hereinabove within five (5) business days from thedate ofsuchoral notice. 24. TERMINATION: 24.1 Notwithstanding anything tothecontrary contained inthis Agreement, City may, upon notice to Contractor, immediately terminate thisAgreement forcause, inthe event ofadefault hereunder by Contractor and/orifsufficient funds arenotappropriated orencumbered topay for theGoods and Services tobeprovided hereunder. Inthe event ofsuch termination, Contractor shall beentitled to receive onlypayment for theundisputed invoice amount representing conforming Goods and Services delivered asofthe date oftermination, except thatsuch payment amount shallnot exceed theContract Price amount ineffect atthe time oftermination, unless the parties have previously 10 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 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. 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. 11 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 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 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. 12 Howard Asphalt, LLCd/b/aHoward Companies Street Department - 2025 Appropriation #1206 10143-502.00, 43-509.00; 2201 220143-502.00, 43-502.02, 43-502.03MotorVehicle Highway Fund; 220020243-502.00LocalRoad & StreetFund; P.O. #s115477, 115478, 115473 Contract NotToExceed $6,853,166.82 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 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 2/26/2025 2025 BaseBidRoad List 106thSt Street NameFromToAphalt Type 106thStMonon TrailKeystone PkwyC RohrerRd Street NameFromToAphalt Type Rohrer RdEglin Dr146th StC Westfield Blvd Street NameFromToAsphalt Type Westfield Blvd96th St106th StC WestRd Street NameFromToAsphalt Type West Rd116th StEagle Chase WayB BriarCoveEstates Street NameFromToAsphalt Type Valleybrook Pl116th EndB WilliamsRidgeEstates Street NameFromToAsphalt Type Carriage Ln116thEndB Bradford Place Street NameFromToAsphalt Type Branford Pl116thEndB EdenForest Street NameFromToAsphalt Type Forest Dr116thEndB Eden PlEndEndB Washington BoulevardMeadows Street NameFromToAsphalt Type NWashington Blvd106thEndB PennViewHeights Street NameFromToAsphalt Type NDelaware St103rd106thB Foxwood Street NameFromToAsphalt Type Foxwood Dr @103rdEndB 2025 Base Bid Road ListContinued CollegePlaza Street NameFromToAphalt Type Barmore Ave106th StBarbie LnB Arthur Dr106th StNCollege AveB Barbie LnBarmore AveEndB NorthRidge Street NameFromToAphalt Type NDelaware St103rdEndB NWashington Blvd103rdEndB NNew JerseyEndEndB Central AveEndEndB Ruckle StEndEndB NPark AveEndEndB Broadway AveEndEndB 102nd StEndEndB Walnut CreekWoods Street NameFromToAphalt Type Walnut Creek DrW106th StKnight DrB Walnut Creek CtWalnut Creek DrWEndB CarmelView Street NameFromToAphalt Type Carmel View DrSRichland AveElm StB EElmStRangeline RdCarmel ViewDrB SpringMillRidge Street NameFromToAphalt Type Cardiff DrSouthampton CtMain StB Southampton CtCardiff DrEndB Portsmouth DrEndDorset BlvdB Leeds CirPortsmouth DrEndB Portsmouth CtPortsmouth DrEndB Sheffield BlvdDorset BlvdEndB Sheffield CtSheffield CtEndB DorsetBrighton AveSpringmill RdB SpringMillStream Street NameFromToAphalt Type Devon LnDorset BlvdEndB Hampshire CtDevon LnEndB Cornwall CtDevon LnEndB 2025 Base Bid Road ListContinued CrookedStick (EastSide) Street NameFromToAphalt Type Crooked Stick LnBurning TreeLnDitch RdB Burning Tree LnCrooked Stick LnEndB Preston TrCrooked Stick LnDitch RdB Woodlake CtPreston TrEndB Preston CtPreston TrEndB Prestwick LnDitch RdEndB Prestwick CirPrestwick LnEndB Brookshire VillagePhase3 Street NameFromToAphalt Type Brompton RdKensignton RdBishop GateDrB Bishopgate DrCamberley LnBrompton RdB Camberly LnCharing CrossRdLambeth WalkB Charing Cross Rd126th StCamberly LnB CedarPoint Street NameFromToAphalt Type Cedar Point Dr96th StEndB MillCreek PlCedar PointDrEndB Cedar Ridge DrCedar Point DrEndB Mill RunCedar Point DrEndB Cedar WoodCedar Point DrEndB Cedarwood PlCedar WoodEndB Cedar PlCedar Point DrEndB Westwood Estates Street NameFromToAphalt Type Inglenook Ln141st StCaspian DrB Quarter Horse CtInglenook LnEndB Renegade CtInglenook LnEndB Woodside Hollow DrRenegade CtSunblaze DrB BayhillEastSide Street NameFromToAphalt Type Heatherstone PlWindpointe PassBayhill DrB Skipping Rock CtHeatherstone PlEndB Snowberry BayCtHeatherstone PlEndB 2025 Base Bid Road ListContinued ConcordVillage Street NameFromToAphalt Type Lexington BlvdMain St CityCenterDrB Albert CtLexington BlvdEndB Altam AveLexington BlvdConcrete TransitionB Concord LnLexington BlvdEndB Concord CtLexington BlvdEndB Lincoln CtLexington BlvdEndB Kinzer AveConcord LaneCity Center DrB David PlLexington BlvdEndB 2025 Alternate Bid1Road List 111thSt Street NameFromToAphalt Type 111th StLexington DrWestfield BlvdC HazelDellPkwy Street NameFromToAphalt Type Hazel DellPkwyMain St126th STC Cornerstone Place Street NameFromToAphalt Type Cornerstone CtEPam RdEndB EPam RdEndCentral AveB MeridianMeadows Street NameFromToAphalt Type ValiDrE Pam Rd106th StB Vali CtVali DrEndB Stephen CtVali DrEndB MeridianHighlands Street NameFromToAphalt Type Penn Dr106th StEndB CoolCreekEstates (Remainder) Street NameFromToAphalt Type Cool Creek DrEndEndB Lawrence Rd126th StCool Creek DrB Douglas DrLawrence RdMohawk CtB Mohawk Ct126th StEndB Cross StHillcrest DrFairbanks DrB HarrowGates Street NameFromToAphalt Type Beechmont DrMain StWillowick RdB Brierley WayAlwyne RdWillowick RdB Bexhill DrMain StWillowick RdB Alwyne RdEndEndB Willowick RdBeechmont DrBexhill DrB 2025 Alternate Bid1Road ListContinued Lexington Farms (WestSide) Street NameFromToAphalt Type Pimlico CirLexington DrLexington DrB Belair DrPimlico CirLexington DrB Belmont CirPimlico CirBelair DrB Santa Anita CtBelmont CirEndB 25-STR-02PAVINGSPECIFICATIONS Thisbidpacket isbased onquantities andnotstreets presented ontheprovided proposedstreetlist. Theproposed streetlistshouldnotbeconsidered ascomprehensive. Thestreetlistissubjecttochangewithadditions ordeletions. Substantialcompletiondate: 08/06/2025 Finalcompletion date: 11/01/2025 thAllmainroadsmustbecompletedbyAugust6, 2025. Projectcompletion stmustbebeforeNovember1, 2025, orincurapenalty of $500 perday. Standards forconcrete andpaving mustbe2022INDOTstandards, Section 402forasphalt, Section502forconcrete. Biddingcompany musthaveINDOTcertifiedconcreteinspector, to testinaccordance withINDOT frequency manual. Pavement mustbetestedatContractor’s expense, asrequested byCity. Concreteandpaving companies must haveatleast10yearsexperience andmustbeINDOT- certified. Afterbidhasbeenawarded, apreconstruction meetingwillbescheduled wherethecontractor mustsubmitadesignmixfortheconcrete andasphalt pavement. Anyadditionallineitems outside ofthe original bidtabmust beapproved andhaveasigned change order beforeworkcanbeperformed. Bi-weeklyprogressmeetingswillbeheldattheCarmel StreetDepartment oncecontract documents havebeensigned. Allstreets tobeproperly cleanedbeforeapplying materials. Allmaterials shallcomply withcurrentIndiana StateHighway Standardspecifications for material supplied andforapplication ofmaterials. Biddertofurnishallequipment asrequired to process andapplymaterials. Asphaltplants shallbeownedbybidderandapproved bythe Indiana Department ofHighways. Somework ononeormoreCitystreetswillhavetobecoordinated withotherwork onthestreet. Afterthejobiscomplete, iftheCitydeemsitnecessary, atCity’ssolediscretion, coresamples willbetakenandanalyzed atjobsitesattheexpenseoftheCity. Arepresentative oftheCarmel StreetDepartment willbeassignedtoeachjobsite. Therewillbenoworkdonewithout firstcontacting theCarmelStreetCommissioner for approvalofdates, timesandlocations. Anagreement ofconditions shallbesigned bytheacceptedbidder. TheCitymayrequirethattrucksprovidetickets thatcertify theweight ofthematerial delivered. PavingSpecifications-1 Allstripingshallbeputbackwiththermoplastic perINDOT specifications. Alldurable pavementmarking material istobeassetoutintheManualonUniformTraffic Control Deviceswithin 14daysoffinalpave. Proper signageandtraffic controlwillbetheresponsibility ofthesuccessful bidder. (For example:“WorkersPresent” shallbeused inplaceof“MenWorking”). Inresidential areas, proper notification toresidentsofpaving dateswillbetheresponsibilityof thesuccessful bidder. Millingofbuttjoints willbeaminimumof1” indepth. Formillingpurposes, anydamage tomanholecoverswillbetheresponsibility ofthebidder. ButylrubberorKentsealwillbeusedwhenresetting manholes. Duetothepotential damagetoroadway surfaces, alltracmachines willbemovedbytruckfrom streettostreetandwillnotbedriven onexistingCityroadways. Insomeareas, therearebrickpaversorstampedconcrete. Special useofsandand4’x8’ pieces ofplywood needtobeusedtoprotect thoseareasfromtacandasphalt. Allcoldjointshavetobecutsquare. Where newpavement meetsnewpavement, theseammustbedouble-tacked. Forthe 4” – Binder 1” – Surface Forthepurposes ofthecontract, anyareasPlunge Milled6" depthandreplacedwillconsistof thefollowing: PavingSpecifications-2 THERMOPLASTIC Application:Thermoplastic markingmaterial shallbeusedonasphaltpavements unless otherwise specified ordirected. Thepavement surfaceshallbeprimedwithabindermaterial in accordance withthemanufacturer’srecommendations. Thermoplastic marking shallbeapplied inmolten formbyspray, extrusion, orribbon typeextrusion airlessspraywhen thepavement temperature is50degreesFahrenheit (10degrees Celsius) orabove. Theaverage thickness of each36in. (910mm) length ofthermoplastic markingshallbenolessthan3/32in. (2.5mm) nor morethan3/16in. (5m). Immediately following theapplication ofthethermoplastic markings, additionalreflectorization shallbeprovided byapplying glassbeadstothesurfaceofthemolten materialatauniform minimumrate of6lb./100sq. ft. (2.9kg/10m²) ofmarking. Equipment: Themachine usedfor thesprayapplication ofthermoplastic markings shall consistofakettlefor melting thematerialandanapplicator forapplying themarkings. Allof theequipment required forpreheating andapplying thematerialshallmaintainauniform materialtemperaturewithin thespecifiedlimits, without scorching, discoloring oroverheating anyportion ofthematerial. Themachineshallbeequipped withthefollowing: anairblast deviceforcleaningthepavement aheadofthemarkingoperation; aguide pointertokeepthemachineonanaccurateline; atleast twospraygunswhichcanbeoperated individually orsimultaneously; agitators; acontroldevice tomaintainuniform flowandapplication; anautomatic devicewhich willprovideabrokenline oftherequiredlength; andanautomatic glassbeaddispenser whichissynchronized withthe marking application. Preformed Plastic Application: TheContractor shallprovide theDepartment withoriginal copies ofallnecessarycurrentmanufacturer’sinstallation manualspriortobeginning installation work. Noinstallation workshallbeginpriortotheDepartment’sreceipt ofthese manuals. Thesemanualswill become theproperty oftheDepartment. Preformed plasticshall beapplied whentheairtemperature isaminimum of60degrees Fahrenheit (16degreesCelsius) andrising, andthepavement temperature isaminimumof70 degreesFahrenheit (21degreesCelsius). PavingSpecifications-3 TechnicalSpecifications Plunge Mill IfPlungeMillbecomesnecessary, achangeorderwillberequestedforadditional payitems. Description: Removing 7.5” ofasphaltbymillingthen backfillingwithHMAintermediate witha1.5” liftifHMAintermediate asdirectedbytheEngineer. Materialsandperformance shallbeinaccordance withINDOT Standard Specification Section 401exceptfortesting. Acceptance ofmaterial shall bebaseduponaTypeDcertification. Intermediate liftsshallbetwoliftsof3” – 330#/SYDQC/QA – HMA, 3, 64, Intermediate, 19.0mm. Measurement shallbebythesquareyardofIntermediate mixplaced. TheSurface courseshall bemeasured bytheton. Payment shallbepaidbythetonofIntermediate placed. TheSurfacecourseshall bepaidby theton. Plungemillshallbepaidbythesquareyard. PavingSpecifications-4 CityofCarmel Streets MattHigginbotham, Commissioner One Civic Square, Carmel, IN46032 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving RESPONSEDEADLINE: January22, 2025at9:00am ReportGenerated: Friday, February14, 2025 HowardCompaniesResponse CONTACTINFORMATION Company: HowardCompanies Email: jdillon@howardcompanies.com Contact: JoshDIllon Address: 2916Kentucky Ave n/a indianapolis, IN46221 Phone: N/A Website: www.howardcompanies.com SubmissionDate: Jan21, 20254:55PM (EasternTime) HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving ADDENDACONFIRMATION Addendum #1 W ta W5L Addendum #2 W ta W5L Addendum #3 W ta W5L Addendum #4 W ta W5L QUESTIONNAIRE 1. BIDDERINFORMATION AUTHORIZEDREPRESENTATIVECONTACTINFORMATION:* t Pleaseentername, title, phoneandemailoftheauthorizedrepresentative ShelbyHoward, President, 317-223-1156 showard@howardcompanies.com SeanRizer, CFO, 219-309-0460 srizer@howardcompanies.com BIDDERISA/AN:* HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page2 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving t IndianaCorporation IFYOUSELECTEDOTHER, PLEASEEXPLAINBELOW: Noresponsesubmitted ISTHEBIDDERAFOREIGNCORPORATION?* t No 2. BIDPROPOSAL BIDPROPOSALCONFIRMATION* t TheundersignedBidderproposestofurnishallnecessarylabor, machinery, tools, apparatus, materials, equipment, serviceandother necessarysupplies, andtoperformandfulfillallobligationsincidenttheretoinstrictaccordancewithandwithinthetime(s) provided bythetermsandconditionsoftheContractDocumentsfortheabovedescribed WorkandProject, includinganyandalladdenda thereto, fortheUnitPricesapplicabletotheContractItemsasstatedinthepricingtable. TheBidderacknowledgesthatevaluationof thelowestBidshallbebasedonsuchpriceandfurtheracknowledgesthattheunitquantitieslistedinpricingtableofthisProposalare estimatessolelyforthepurposeofBidevaluation andContractaward, andarenottobeconstruedasexactorbinding. TheBidder furtherunderstandsthatallWorkwhichmayresultontheContractshallbecompensated foronaUnitPricebasisandthatthe OWNERandENGINEERcannotanddonotguaranteetheamountorquantityofanyitemofWorktobeperformedorfurnishedunder theContract. Confirmed CONTRACTDOCUMENTSCONFIRMATION* t HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page3 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving TheBidderagreestobeboundbythetermsandprovisionsofallContractDocumentsasdefinedintheStandardGeneralConditions andincorporatessuchContractDocumentshereinbyreference. Confirmed DOYOUHAVEANYEXCEPTIONSTOTHESPECIFICATIONS OROTHERCONTRACTDOCUMENTS?* t No FINANCIALSTATEMENT* t atute shalltherebyberenderedinvalid. ThefinancialstatementprovidedhereundertoOWNERmustbespecificenoughindetailsothat informationrequestedontheStateBoardofAccountsForms Howard_Companies_Financials.pdf ADDITIONALDECLARATIONS* t A. BiddercertifiesforitselfandallitssubcontractorscompliancewithallexistinglawsoftheUnitedStatesandtheStateof Indianaprohibitingthediscriminationagainstanyemployeeorapplicantforemploymentorsubcontractworkinthe performanceoftheWorkcontemplated bytheAgreementwithrespecttohire, tenure, terms, conditions, orprivilegesof employmentoranymatterdirectlyorindirectlyrelatedtoemploymentorsubcontractingbecauseofrace, religion, color, sex, handicap, nationalorigin, ancestry, age, disabledveteranstatusorVietnameraveteranstatus. TheCityofCarmelreservesthe righttocollectapenaltyasprovidedinIC5-16-6-1foranypersondiscriminatedagainst. HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page4 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving B. TheBiddercertifiesthathe/shehasthoroughlyexaminedthesiteoftheProject/Workandinformedhimself/herselffully regardingallconditionsunderwhichhe/shewillbeobligatedtooperateandthatinanywayaffecttheWork, andknows, understandsandacceptstheexistingconditions. TheBidderfurthercertifiesthathe/shehasthoroughlyreviewedtheContract Documents, includingallAddenda, andhashadtheopportunitytoaskquestionsandobtaininterpretationsorclarifications concerningContractDocuments. Confirmed 3. NON-COLLUSIONAFFIDAVIT NON-COLLUSIONAFFIDAVIT* t Theindividualperson(s) executingthisBidProposal, beingfirstdulysworn, depose(s) andstate(s) thattheBidderhasnotdirectlyor indirectlyenteredintoacombination, collusion, undertaking oragreementwithanyotherBidderorperson (i) relativetotheprice(s) proposedhereinortobebidbyanotherperson, or (ii) topreventanypersonfrombidding, or (iii) toinduceapersontorefrainfrom Bidding; andfurthermore, thisBidProposalismadeandsubmittedwithoutreferencetoanyotherbidsandwithoutagreement, understandingorcombination, eitherdirectlyorindirectly, withanypersonswithreferencetosuchbiddinginanywayormanner whatsoever. Confirmed SIGNATUREANDNOTARIZATION* t Pleasedownloadthebelowdocuments, completeandhavenotarized. Anonlinenotarization optionwillbeprovidedforyouwhen responding. Signature.pdf Carmel_Signature_Doc.pdf HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page5 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving 4. BIDBOND BIDBOND* t Pleasedownloadthebelowdocuments, complete, andupload. BID_BOND.pdf Carmel_Bid_Bond.pdf PRICETABLES BASEBIDTAB LineItem Description Quantity Unitof UnitCost Total Measure 1 AETorAE150TAC 16,533 GAL $0.01 $165.33 2 9.5TypeBSurface 17,025 TON $87.75 $1,493,943.75 3 9.5TypeCSurface 9,257 TON $88.90 $822,947.30 4 12.5TypeCIntermediate 3,164 TON $86.70 $274,318.80 5 Standard1.5" - 4" AsphaltMill 286,928 Sq. Yd. $1.62 $464,823.36 6 3.5" - 4.5" Concrete Mill 28,760 Sq. Yd. $4.60 $132,296.00 7 SpeedhumpRoadWidth26' - 30' 5 EA. $2,250.00 $11,250.00 8 BlueReflectors 109 EA. $120.00 $13,080.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page6 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 9 4" Solid/BrokenYellow 33,435 L.F. $0.75 $25,076.25 10 4" Solid/BrokenWhite 31,000 L.F. $0.75 $23,250.00 11 SharkTeeth 195 L.F. $8.25 $1,608.75 12 24" WhiteStopbars 1,467 L.F. $7.50 $11,002.50 13 LaneIndicatorArrows 14 EA. $235.00 $3,290.00 14 Onlys 9 EA. $265.00 $2,385.00 15 24" WhitePianoKeys 2,557 L.F. $7.50 $19,177.50 16 Roundabout Arrows 4 EA. $385.00 $1,540.00 17 8" SolidWhiteLine 1,587 L.F. $1.50 $2,380.50 18 6" SolidWhiteLine 8,240 L.F. $1.30 $10,712.00 19 24" YellowCrosshatch 582 L.F. $7.50 $4,365.00 20 TemporaryTrafficTape 500 L.F. $3.00 $1,500.00 21 TemporaryTrafficTapeRemoval 500 L.F. $2.00 $1,000.00 22 RollCurbPartialReplacement 3,750 L.F. $71.00 $266,250.00 23 ChairbackCurbPartialReplacement 11,560 L.F. $76.00 $878,560.00 24 RollCurbFullReplacement (CurbMachine) 5,128 L.F. $60.00 $307,680.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page7 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 25 4' WideSidewalk6" Depth 5,128 L.F. $51.00 $261,528.00 26 4' WideSidewalk4" Depth 260 L.F. $45.00 $11,700.00 27 4' ADARamp 66 EA. $2,100.00 $138,600.00 28 Greaterthan4' ADARamps 34 EA. $2,700.00 $91,800.00 29 ConcreteReplacement 120 Sq. Yd. $125.00 $15,000.00 30 Greenspace 100 Sq. Yd. $60.00 $6,000.00 31 4" WhiteParking "T" 100 L.F. $1.00 $100.00 TOTAL $5,297,330.04 ALTERNATE1BIDTAB LineItem Description Quantity Unitof UnitCost Total Measure 32 AETorAE150TAC 4,549 GAL $0.01 $45.49 33 9.5TypeBSurface 5,536 TON $88.10 $487,721.60 34 9.5TypeCSurface 2,281 TON $91.75 $209,281.75 35 Standard1.5" - 4" AsphaltMill 94,762 Sq. Yd. $1.62 $153,514.44 36 BlueReflectors 24 EA. $120.00 $2,880.00 37 4" Solid/BrokenYellow 11,948 L.F. $0.75 $8,961.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page8 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 38 4" Solid/BrokenWhite 5,686 L.F. $0.75 $4,264.50 39 SharkTeeth 86 L.F. $8.25 $709.50 40 24" WhiteStopbars 370 L.F. $7.00 $2,590.00 41 LaneIndicatorArrows 9 EA. $235.00 $2,115.00 42 Onlys 5 EA. $265.00 $1,325.00 43 24" WhitePianoKeys 975 L.F. $7.50 $7,312.50 44 Roundabout Arrows 8 EA. $385.00 $3,080.00 45 8" SolidWhiteLine 157 L.F. $1.50 $235.50 46 6" SolidWhiteLine 3,100 L.F. $1.30 $4,030.00 47 24" YellowCrosshatch 77 L.F. $7.50 $577.50 48 TemporaryTrafficTape 200 L.F. $3.00 $600.00 49 TemporaryTrafficTapeRemoval 200 L.F. $2.00 $400.00 50 RollCurbPartialReplacement 7,143 L.F. $71.00 $507,153.00 51 ChairbackCurbPartialReplacement 1,050 L.F. $76.00 $79,800.00 52 4' WideSidewalk4" Depth 50 L.F. $45.00 $2,250.00 53 4' ADARamp 2 EA. $2,100.00 $4,200.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page9 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 54 Greaterthan4' ADARamps 12 EA. $2,700.00 $32,400.00 55 ConcreteReplacement 0 Sq. Yd. $0.00 56 Greenspace 10 Sq. Yd. $60.00 $600.00 57 4" WhiteParking "T" 0 L.F. $0.00 TOTAL $1,516,046.78 ALTERNATE2BIDTAB CarmelFireStationParkingLot - Station42andStation46 LineItem Description Quantity Unitof UnitCost Total Measure 58 AETorAE150TAC 100 GAL $0.01 $1.00 59 9.5TypeBSurface 0 TON $0.00 60 9.5TypeCSurface 257 TON $105.00 $26,985.00 61 Standard1.5" - 4" AsphaltMill 2,833 Sq. Yd. $3.00 $8,499.00 62 BlueReflectors 0 EA. $0.00 63 4" Solid/BrokenYellow 0 L.F. $0.00 64 4" Solid/BrokenWhite 300 L.F. $0.75 $225.00 65 SharkTeeth 0 L.F. $0.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page10 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 66 24" WhiteStopbars 0 L.F. $0.00 67 LaneIndicatorArrows 0 EA. $0.00 68 Accessibility ParkingSpaceMarking 2 EA. $600.00 $1,200.00 69 24" WhitePianoKeys 384 L.F. $7.50 $2,880.00 70 Roundabout Arrows 0 EA. $0.00 71 8" SolidWhiteLine 0 L.F. $0.00 72 6" SolidWhiteLine 0 L.F. $0.00 73 24" YellowCrosshatch 0 L.F. $0.00 74 TemporaryTrafficTape 0 L.F. $0.00 75 TemporaryTrafficTapeRemoval 0 L.F. $0.00 76 RollCurbPartialReplacement 0 L.F. $0.00 77 Chairback CurbPartialReplacement 0 L.F. $0.00 78 4' WideSidewalk4" Depth 0 L.F. $0.00 79 4' ADARamp 0 EA. $0.00 80 Greaterthan4' ADARamps 0 EA. $0.00 81 ConcreteReplacement 0 Sq. Yd. $0.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page11 HOWARDCOMPANIES\] RESPONSEDOCUMENTREPORT IFBNo. IFB-2024-019 25-STR-02Paving LineItem Description Quantity Unitof UnitCost Total Measure 82 Greenspace 0 Sq. Yd. $0.00 83 4" WhiteParking "T" 0 L.F. $0.00 TOTAL $39,790.00 HOWARDCOMPANIES\] RESPONSEDOCUMENT REPORT InvitationForBid - 25-STR-02Paving Page12 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. Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 115473 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 25-STR-02 - Paving Contractor2/14/2025372681 HOWARD COMPANIES City Engineering'sOffice VENDORSHIP2916KENTUCKYAVE 1Civic Square TO Carmel, IN 46032- INDIANAPOLIS, IN 46221 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 97423 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 2200202Local Road & Street Fund Account: 43-502.00 Each125-STR-02 - 2025 Street Paving$525,798.00$525,798.00 Sub Total 525,798.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 525,798.00PAYMENT 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. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 115473 CzBmmjtpoMzodi.NdHsbuibu:;42bn-Gfc37-3136 2/18/2025 T M T INC WESTFIELD, IN 46074 - 115490 1719 W 161ST ST 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 Mulch installation Street Department 3400 W. 131st Street Carmel, IN 46032- 317) 733-2001 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 97472 2201Department:501Fund:Urban Forestry Fund 43-509.00Account: Mulchinstall1 $20,000.00 $20,000.00Each 20,000.00SubTotal 43-590.00Account: Mulchinstall1 $40,000.00 $40,000.00Each 40,000.00SubTotal 60,000.00 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. 115490 ORDERED BY TITLE Dept of Community Service 1 Civic Square Carmel, IN 46032- Lee Higginbotham Zac Jackson Commissioner CFO 2/18/2025 T M T INC WESTFIELD, IN 46074 - 115495 1719 W 161ST ST 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 Mulch installation Street Department 3400 W. 131ST Street Carmel, IN 46074- 317) 733-2001 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 97479 2201Department:2201Fund:Motor Vehicle Highway FND 43-504.00Account: Mulching1 $20,287.50 $20,287.50Each 20,287.50SubTotal 20,287.50 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. 115495 ORDERED BY TITLE Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham Zac Jackson 317) 733-2001 Commissioner CFO West Ground Storage Tank City of Carmel 451.7893.002 EXHIBIT F CHANGE ORDER Change Order No.1 Date: 2/19/2025 Name of Project: West Ground Storage Tank Owner: City of Carmel Contractor: Preload, LLC The following changes are hereby made to the Agreement: Description of Change in Work: Updated design information was provided to Preload including adjustment of the ground water table elevation from 918.50’ to 913.5’ and a decrease in the tank bearing pressure from 3,000 psf to 2,500 psf. These changes allowed for adjustments to the floor/foundation design. Preload additionally will be switching their site subcontractor to be Thieneman Construction, Inc to allow for additional savings. The change in contractor yielded a unit cost increase of unsuitable fill disposal from $75cy to $116cy. Justification: The deduction proposed by Preload is due to new geotechnical information being made available allowing for design alterations to the storage tank’s floor/foundation. Additional savings will be possible by Preload switching their site contractor to be Thieneman who will already be on site. The unit cost for disposal and replacement of unsuitable subgrade material will be increased, however net savings are anticipated to be greater than the increased cost of removal/replacement of this material. Original Contract Price: $6,288,000.00 Previous Changes to Contract Price: N/A Current Contract Price adjusted by previous Change Order(s): $6,288,000.00 The Contract Price due to this Change Order will be decreased by: $202,037.00 The new Contract Price including this Change Order will be: $6,085,963.00 Contract time is unchanged. Requested by: City of Carmel 2/19/2025 (Owner) (Date) Recommended by: Philip Teague 2/19/2025 (Consulting Engineer) (Date) Accepted by: 2/20/2025 (Contractor) (Date) Approved by: 2/XX/2025 (Name and Title) (Date) 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    02/17/2025 Yes, 02/18/2025 Yes,02/18/2025 Yes, 02/18/2025 Yes,02/18/2025 CCPR: Japanese Garden Construction Will not be completed in time of the event. Yes, 02/18/2025 Yes, 02/24/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: This festival will require north and south bound Veteran along City Hall Parking Lot to be barricaded day of. Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-02-17 102644.png 988.19KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * No Parking Signs* Event Use/Purpose:* Description of Event:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 10 Please note the number of NO PARKING SIGNS needed 50 x for parking lot 5. EVENT DETAILS Cherry Blossom Festival is a new community event in partnership with the City of Carmel that celebrates the 30-year designation of the Japanese Sister City committee at the Japanese garden. Provide a brief description of event Cherry Blossom Festival is a new community event in partnership with the City of Carmel that celebrates the 30-year designation of the Japanese Sister City committee at the Japanese garden. There will be food vendors, cultural activities, and a stage program for three hours. Attach additional pages if needed-SEE BELOW 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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/4/2025 5/4/2025 8:00:00 AM 6:00:00 PM 1:00:00 PM 4:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 3,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Mobile stage extensions only set up like CCKM. 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. 10 x City Tents and 10 other vendor tents Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable City, and other vendors chosen by the Cherry Blossom Committee. 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 Approximately how many vendors will be present? 20 6. CONTACT INFORMATION: Evan Kreutzer Carmel Sister cities City Carmel State / Province / Region Indiana Postal / Zip Code 46032 Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: 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. Melissa Hopson on behalf of Cherry Blossom Committee Name of Organization/Applicant Signature of Authorized Agent/Applicant Melissa Hopson, Project Manager -Events City of Carmel Printed Name and Title (If applicable) Phone Number (Required) City of Carmel, One Civic Square, Carmel, Indiana 46032 Address of Organization/Applicant 2/17/2025 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    02/06/2025 Yes, 2/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes,02/18/2025 Yes, 02/18/2025 Yes, 02/24/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street to Veterans Way to northbound Monon Blvd. No parking cones along Elm Street and at the parking spaces west of Sun King patio. North entrance on Elm Street of Midtown parking garage Include addresses as appropriate An easy to read, color map of the area is required with submission. Midtown Block Party 2025.png 1.29MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Standard Cones * No Parking Signs* Event Use/Purpose:* 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 10 Please note the number of Standard Cones needed 12 Please note the number of NO PARKING SIGNS needed 12 5. EVENT DETAILS Midtown Block Party is the City of Carmel’s summer kickoff event Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Provide a brief description of event Midtown Plaza celebrated its grand opening in 2019. What began as an anniversary party to honor opening day, has now evolved into a larger celebration to kick off the summer season with special events and activities. This event is free and open to the public. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/10/2025 5/10/2025 8:00:00 AM 10:00:00 PM 2:00:00 PM 6:00:00 PM NA 1,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 popup tents for vendors Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other City of Carmel or vendors if bringing own Name of Merchants(s) doing the setup Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) 3176182799 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 10 6. CONTACT INFORMATION: Tierra Bush tbush@carmel.in.gov 3176182799 City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 1 Civic Square Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: 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. Tierra Bush Name of Organization/Applicant Signature of Authorized Agent/Applicant Tierra Bush Printed Name and Title (If applicable) 3176182799 Phone Number (Required) 1 Civic Square Carmel, IN 46032 Address of Organization/Applicant 2/6/2025 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 Veterans Memorial Plaza, Memorial Day Ceremony has historically always been here    02/05/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/24/2025 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 No Parking Signs* 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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* 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 Please note the number of NO PARKING SIGNS needed 5 5. EVENT DETAILS Memorial Day Ceremony Provide a brief description of event The City of Carmel honors its fallen heroes at the Memorial Day Ceremony each year. The event is held the Friday before Memorial Day at 9 a.m. The event is held outside at the Veterans Memorial Plaza on Third Avenue SW, south of City Center Drive. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/23/2025 5/23/2025 7:00:00 AM 10:00:00 AM 9:00:00 AM 10:00:00 AM NA Rehearsal Start Time:Rehearsal End Time: 75 Fees? Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors 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: Kenna Dishmond kdishmond@carmel.in.gov 3177719972 City of Carmel Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address One Civic Square Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Kenna Dishmond, City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Kenna Dishmond Printed Name and Title (If applicable) 3177719972 Phone Number (Required) One Civic Square, Carmel IN 46032 Address of Organization/Applicant 2/5/2025 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    02/17/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes,02/18/2025 Yes, 02/18/2025Clayton Bell/City Hall: Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/24/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: The City of Carmel requests the use of both locations to be barricaded, Gradle, Veteran's Way, and all streets leading to Fountain Square roundabout. Please see map attached for reference to the request. MH Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-02-17 124842.png 554.87KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * No Parking Signs* Event Use/Purpose:* Description of Event:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 25 Please note the number of NO PARKING SIGNS needed 20 5. EVENT DETAILS Eid al Fatir is a community event in partnership with the City of Carmel celebrated my Islam worldwide through food, dance, and other culturally specific activities. Provide a brief description of event Eid al Fatir is a community event in partnership with the City of Carmel celebrated my Islam worldwide through food, dance, and other culturally specific activities. The three-hour event will host several food trucks, dance performances, cultural activities for all to participate. Attach additional pages if needed-SEE BELOW 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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/31/2025 5/31/2025 8:00:00 AM 5:00:00 PM 12:00:00 PM 3:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 3,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10 x 10 x 10 tents Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Still unknown Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 10-15 6. CONTACT INFORMATION: Ashhar Madni Eid al Fatir Committee City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 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. Melissa Hopson on behalf of the Eid al Fatir Committeee Name of Organization/Applicant Signature of Authorized Agent/Applicant Melissa Hospon Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 2/17/2025 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    02/06/2025 Yes, 02/18/2025 Yes,02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 PARKS:Actual running takes place in parks on trails or on Monon Greenway. No traffic lanes closures are apart of course. Yes, 02/18/2025 Yes, 02/24/2025 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 Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* 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 Carmel Clay Parks Foundation Virtual Summer Fun Run/Walk Series packet pickup Provide a brief description of event Pre-registered runners and walkers can pick up their t-shirts and stickers and information about the fun run/walk series from CCPF/CCPR representative. One other event sponsor may be present. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/13/2025 6/13/2025 3:00:00 PM 7:00:00 PM 4:00:00 PM 6:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 100 Fees? Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Carmel Clay Parks & Recreation Name of Merchants(s) doing the setup 3175734017 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: Kari Berger kberger@carmelclayparks.com 3175734017 3174605040 Carmel Clay Parks & Recreation Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 1411 E 116th Street Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Carmel Clay Parks Foundation Name of Organization/Applicant Signature of Authorized Agent/Applicant Leah Kareti, CCPF Treasurer Printed Name and Title (If applicable) 3172509664 Phone Number (Required) PO Box 3881 Carmel, IN 46082 Address of Organization/Applicant 2/6/2025 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    02/04/2025 Yes,02/18/2025 Yes,02/18/2025 Yes,02/18/2025 Yes, 02/18/2025 Clayton Bell/City Hall: Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/24/2025 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 Rehearsal Date: Rehearsal Start:Rehearsal End: 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 Associate Family Picnic Provide a brief description of event We will host a catered picnic event with lawn games for our associates and their families. Estimate approximately 100 guests will attend. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/29/2025 6/29/2025 11:30:00 AM 4:00:00 PM 1:00:00 PM 5:30:00 PM NA Rehearsal Start Time:Rehearsal End Time: 100 Will a Fee be charged for this event? If yes, please describe below. Yes No Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other We will likely have either the Kona Ice Truck or an Ice Cream Truck Available - TBD 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: Judy Knafel Lauth Group, Inc. City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Street Address Address Line 2 Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Lauth Group, Inc. Name of Organization/Applicant Signature of Authorized Agent/Applicant Judy L. Knafel, VP Marketing Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46032 Address of Organization/Applicant 2/4/2025 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 Carmel City Center    02/05/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025Yes, 02/18/2025 Yes, 02/24/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Veterans Way, Hanover Place Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot (16).png 1.58MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Standard Cones * No Parking Signs* Event Use/Purpose:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Barricades needed 4 Please note the number of Standard Cones needed 30 Please note the number of NO PARKING SIGNS needed 20 5. EVENT DETAILS OktoberFest Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Provide a brief description of event Annual fall German festival themed event at Carmel City Center highlighting area merchants. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/3/2025 10/3/2025 7:00:00 AM 11:00:00 PM 6:00:00 PM 10:00:00 PM NA 2,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage 24ft x 14ft 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 Party Time Rental Name of Merchants(s) doing the setup Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) 3175362022 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 9 6. CONTACT INFORMATION: Kenna Dishmond kdishmond@carmel.in.gov 3177719972 City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address One Civic Square Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: 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. City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Kenna Dishmond Printed Name and Title (If applicable) 3177719972 Phone Number (Required) One Civic Square, Carmel IN 46032 Address of Organization/Applicant 2/5/2025 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    02/10/2025 02/18/2025 02/18/202502/18/2025 02/18/2025 Yes, 02/18/2025 Monon & Main LLC Approved 02/18/2025 Yes, 02/24/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Main Street between 3rd Ave SW and 1st Ave NE. Range Line Rd. from 1st St. NW to 1st St. SW. Veterans Way from 1st St. SW to 1st St NW Include addresses as appropriate An easy to read, color map of the area is required with submission. Carmel Wine Fest Map.pdf 294.71KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: A detailed document will be provided, as well as an in person meeting can be scheduled to discuss the closing if necessary 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * Crowd-Control Gates* Tall Skinny Cones* No Parking Signs* Event Use/Purpose:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 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 22 Please note the number of Crowd-Control Gates needed 12 Please note the number of Tall Skinny Cones needed 95 Please note the number of NO PARKING SIGNS needed 100 5. EVENT DETAILS Community wine festival open to the public with wine tastings, glasses and bottles for sale to those 21+. Food and beverage vendors will be present, as well as music and entertainment. Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Provide a brief description of event Community wine festival open to the public with wine tastings, glasses and bottles for sale to those 21+. Food and beverage vendors will be present, as well as music and entertainment. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/4/2025 10/4/2025 8:00:00 AM 8:00:00 PM 1:00:00 PM 5:00:00 PM NA 3,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage TBD Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Vendors will bring their own tents Name of Merchants(s) doing the setup Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 25 6. CONTACT INFORMATION: Sondra Schwieterman/Mark Lasbury Indiana On Tap/On Tap Tickets City Fishers State / Province / Region IN Postal / Zip Code 46038 Country United States Street Address Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. DISCLAIMER: 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. Indiana On Tap Name of Organization/Applicant Signature of Authorized Agent/Applicant Sondra Schwieterman/Event Planner Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 2/10/2025 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:__________________________________________________________________ = POP =Point of Purchase = Vendor Entrance Road Closed Stage Re s t r o o m s Restrooms Carmel Wine Fest – October 4, 2025 Trash trailer Parking Parking Parking Parking Midtown Parking Garage CITY OF CARMEL, INDIANA Information CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy * Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: We are requesting the closure of the horseshoe roads surrounding Carter Green. Include addresses as appropriate 02/17/2025 Yes, 02/24/2025Yes, 02/18/2025Yes, 02/18/2025Yes, 02/18/2025 Yes, 02/18/2025 Yes, 02/18/2025 Allied Solutions: Made note of concern with closing horseshoe, but it would already be closed due to Chritkindlmarkt. UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Cones* Barricades* No Parking Signs* An easy to read, color map of the area is required with submission. Screenshot 2025-02-17 100749.png 1.75MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 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 Bollards or 10 x Orange Barricades Please note the number of NO PARKING SIGNS needed 50 No Parking Signs 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:* 5. EVENT DETAILS: Diwali Celebration is a community event in partnership with the City of Carmel. This is an annual cultural festival of light that Carmel's Indian community and beyond celebrates. Provide a brief description of event Diwali Celebration is a community event in partnership with the City of Carmel. This is an annual cultural festival of light that Carmel's Indian community and beyond celebrates. This is Carmel Diwali's second year of hosting local food vendors, product vendors, stage celebrations and family fun activities through Carter Green. We will also host a Pallaidascope show. Attach additional pages if needed-SEE BELOW Screenshot 2025-02-17 100749.png 1.75MB ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 10/18/2025 10/18/2025 8:00:00 AM 12:00:00 AM 5:00:00 PM Event End time:* Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Number of People Expected:* Fees? 9:00:00 PM NA 10,000 Will a Fee be charged for this event? If yes, please describe below. YES NO EVENT SET UP: Mark all that apply Stage 12 x 24 Mobile Stage on 3rd avenue area 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. 5-10 10 x 10 tents for activities Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other 16-20 Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply Vendors Vendors Present* Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A Approximently how many vendors will be present? 16-20 6. CONTACT INFORMATION: Anita Joshi ajoshi@carmel.in.gov 3176719442 7653665230 Diwali Committee City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 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. Melissa Hopson on behalf of the Diwali Committee Name of Organization/Applicant Signature of Authorized Agent/Applicant Melissa Hopson Printed Name and Title (If applicable) 3176194187 Phone Number (Required) Carmel City Hall, One Civic Square, Carmel, Indiana 46032 Address of Organization/Applicant 2/17/2025 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:__________________________________________________________________ February 25, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RESTRICTED PARKING SPACES– RISTORANTE ROMA VALET PARKING-89 VETERANS WAY Dear Board Members: The owner of Ristorante Roma, located at 89 Veterans Way, is requesting approval to restrict 2 adjacent on-street parking spaces for valet parking services (Exhibit Attached). The proposed valet parking service hours of operation will be 5 pm to 11 pm on Friday and Saturday evenings. The Department of Engineering recommends that the Board approve the requested parking restrictions conditioned upon the following requirements: • The parking space restriction is limited to the hours of 5pm to 11pm on Friday and Saturday evenings. • The restricted on-street parking spaces are to be used for vehicle drop-off and pickup. The valet service shall not impede the flow of traffic on any adjacent public street. • The valet service must park all vehicles in private off-street parking spaces. • The adjacent public sidewalk shall remain unobstructed by signs, podiums, or any other equipment utilized by the valet service. • Any damage to the existing improvements within the right of way of any Carmel right-of-way shall be restored to the satisfaction of the City when work is completed. • Access to all adjoining commercial sites and residential areas shall be maintained at all times. • The petitioner understands that approval by the Board is for the valet parking space restrictions only. Use of the parking spaces for valet services can be revoked at any time, as deemed necessary by the City Engineer, Chief of Police or their designee. • Restriction of the on-street spaces for valet use will be nullified by any future ordinance passed by Carmel City Council creating an approval process for valet parking operations in Carmel city limits. Sincerely, Bradley Pease, P.E. City Engineer RISTORANTE ROMA PARKING SPACE RESTRICTION RESOLUTION NO. BPW- 03-05-25-01 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY APPOINTING SPECIAL POLICE OFFICER WHEREAS, the Animal Control Specialists/Community Service Officers (“CSOs”) are civilian employees of the Carmel Police Department who enforce the parking and animal control provisions of Carmel City Code; and WHEREAS, numerous parking and animal code enforcement provisions fall exclusively under Indiana Code, and, as civilian employees, CSOs do not currently have the power to enforce infractions under Indiana Code; and WHEREAS, Indiana Code § 36-8-3-7 grants the City of Carmel Board of Public Works and Safety (the “Safety Board”) authority to “appoint and swear an additional number of special police officers[], to do special duty within the city” (“Special Police Officers”); and WHEREAS, Indiana Code § 36-8-3-7 provides that Special Police Officers shall only have those powers, privileges, and duties assigned to them by the Safety Board and only while fulfilling the specific responsibilities for which the appointment is made, must wear a uniform that is easily distinguishable from uniforms for state and local law enforcement agencies, and may be removed by the Safety Board at any time without notice and without cause; and WHEREAS, Special Police Officers under Indiana Code § 36-8-3-7 are specifically exempted from the basic training requirements for a law enforcement officer under Indiana Code Chapter 5-2-1; and WHEREAS, in order to better balance resources and improve economic efficiency, the Carmel Police Department requests that the Safety Board authorize CSO Brittney Sanford to enforce certain infractions under Indiana Code; and WHEREAS, the Safety Board, pursuant to its authority under Indiana Code § 36-8-3-7, now desires to appoint and swear CSO Brittney Sanford as a Special Police Officer for the limited purpose of enforcing the parking and animal code provisions under Indiana Code where the violations of said provisions are infractions. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. CSO Brittney Sanford is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officers for the City of Carmel for the limited purpose of enforcing parking and animal code enforcement provisions of Indiana Code where the violations of said provisions constitute an infraction, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which she is appointment as a Special Police Officer, Brittney Sanford shall: (i) Continue at her current rate of pay with the Carmel Police Department; (ii) Wear the CSO uniform that shall remain easily distinguishable from uniforms for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and (v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which she is appointment as a Special Police Officer, Brittney Sanford shall not: (i) Carry a firearm on her person; (ii) Make an arrest; or (iii) Conduct a search or a seizure of a person or property, except for the impoundment of animals and/or towing of vehicles, as permitted by Indiana Code and/or Carmel City Code. (c) Brittney Sanford shall continue her appointment as a Special Police Officers until the Safety Board removes her appointment or until she is removed from employment with the City, whichever occurs first. ALL OF WHICH IS RESOLVED by the City of Carmel Board of Public Works and Safety, this ____ day of , 2025. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, City Clerk Date: Attachment 1 OATH OF SPECIAL POLICE OFFICER I, ____________________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Indiana, and that I will faithfully and impartially discharge my duties as a Special Police Officer of the City of Carmel, Indiana, according to the law and the best of my ability, so help me God.