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BPW Paperless Packet 04-02-25
Board of Public Works and Safety Meeting Agenda Wednesday, April 2, 2025 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the March 19, 2025, Regular Meeting 2. BID OPENINGS, RECOMMENDATIONS, AND AWARDS a. Bid Opening for 22-ENG-15 Clay Center Road Path Construction and Culvert Replacement Project; Brad Pease, Director of Engineering b. Bid Opening for 121st Street Water Main Extension; John Duffy, Director of Utilities c. Bid Award for 22-ENG-11 141ST Street Path from West Road to Spring Mill Road; Brad Pease, Director of Engineering 3. TABLED ITEMS a. Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 11-06-24 4. CONTRACTS a. Request for Agreement between City of Carmel and Vendor; MTS Collective Inc. dba Iron & Ember; Food and Beverage Service Agreement with Brookshire Golf Course; Bob Higgins, General Manager b. Request for Agreement between City of Carmel and Business Associate; St. Vincent Carmel Hospital Inc., dba Ascension St. Vincent Carmel; HIPAA Agreement; Chief Joel Thacker, Carmel Fire Department c. Resolution BPW 04-02-25-04; Request for Acknowledgment of Contract between City and Vendor; Indiana Task Force One; Donation/Transfer of Medical Equipment; Chief Joel Thacker, Carmel Fire Department d. Request for Purchase Of Goods and Services; Applied Concepts, Inc.; ($57,087.50); Radar Systems; Chief Drake Sterling, Carmel Police Department e. Request for Purchase of Goods and Services; Dan Young Tipton, LLC; ($107,483.92); 2025 Chevy Tahoes; Chief Drake Sterling, Carmel Police Department f. Request for Purchase of Goods and Services; Eby Ford Sales, Inc.; ($1,268,161.60); 2025 Ford Explorers; Chief Drake Sterling, Carmel Police Department g. Resolution BPW 04-02-25-01; Request for Acknowledgment of Contract between City and Vendor; American Structurepoint, Inc.; ($148,100.00); LPA Consulting Contract; Brad Pease Director of Engineering h. Resolution BPW 04-02-25-02; Request for Acknowledgment of Contract between City and Vendor; A&F Engineering Company; ($152,090.00); LPA Consulting Contract; Brad Pease Director of Engineering i. Request for Purchase of Goods and Services; CSU, Inc.; ($109,218.92); 24-ICS-01A Inlow Park to River Road and Cherry Creek Blvd Conduit Installation; Brad Pease Director of Engineering j. Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($1,875,000.00); 22-ENG-11 141st Street Path; Brad Pease Director of Engineering k. Request for Purchase of Goods and Services; Pyrotecnico Fireworks, Inc.; ($79,500.00); Fireworks Display; Additional Services Amendment; Kelly Douglas, Director of Marketing and Community Relations 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Carmel Elementary School Parking Lot; Bike Carmel Family Fun Rides; May 10, June 7, July 12, August 9, 2025; 7:00 AM to 12:00 PM; Matt Tanner, Rollfast b. Request to Use Civic Square Gazebo and Lawn; Special Request to Use Electricity; Spring Woodwind Recital; May 16, 2025; 4:00 PM to 8:00 PM; Katherine Peters c. Request to Use Midtown Plaza; Special Request to Use Electricity; Pop Up Fitness Classes; May 17, June 21, July 19, August 16, September 27, 2025; 7:00 AM to 11:00 AM; Libby Twer d. Request to Use/Close City Streets; High School Graduation Party; May 18, 2025; 11:00 AM to 3:45 PM; Jamie Woodruff e. Request to Use Midtown Plaza; Bike Carmel Slow Roll Dinner Cruise; June 10, June 24, July 15, July 29, August 12, August 26, 2025; 5:00 PM to 7:00 PM; Matt Tanner, Rollfast f. Request to Use/Close City Streets; Special Request for an EMT; Summer Music Festival; June 21, 2025; 11:00 AM to 11:00 PM; Christien Foulke, Clay Terrace g. Request to Use Monon & Main Plaza and Use/Close City Streets; Artmobilia; September 6, 2025; 6:00 AM to 6:00 AM; John Leonard, Artmobilia h. Request to Use Midtown Plaza and Use/Close City Streets; Annual Bike Carmel Roundabout Ride; September 13, 2025; 6:00 AM to 2:00 PM; Matt Tanner, Rollfast i. Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; Hispanic Heritage; October 11, 2025; 8:00 AM to 8:00 PM; Claudia Escalante j. Request to Use Carter Green and Use/Close City Streets; 14th Annual Bolt for the Heart Thanksgiving Family 5k Run; November 27, 2025; 5:00 AM to 11:00 AM; Pierre Twer, Bolt for the Heart 6. OTHER a. Request for Waterline Easement Agreement; 9873 & 9893 N. Michigan Road; CL West Carmel Martketplace IN LLC b. Request for Waterline Easement Agreement; 9965 N. Michigan Road; West Carmel MP2, LLC c. Resolution BPW 04-02-25-03; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and Badge to 1ST Class Master Patrol Officer Scott A. Morrow; 20 years of Meritorious Service; Chief Drake Sterling, Carmel Police Department 7. ADD-ONS 8. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, March 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, and Jessica Dieckman, Deputy Clerk, were present. 13 MINUTES 14 Minutes from the March 5, 2025, Regular Meeting. Regular Meeting. Board Member Potasnik moved 15 to approve. Board Member Barlow seconded. Minutes approved 2-0. 16 BID OPENINGS, RECOMMENDATIONS, AND AWARDS 17 18 Bid Opening for 22-ENG-11 141ST Street Path from West Road to Spring Mill Road; 19 Board Member Potasnik unsealed the bids, and Board Member Potasnik read them aloud: 20 21 Contractor Bid 22 Morphey Construction, Inc. $1,882,395.04 23 All Star Paving Inc $1,882,395.04 24 Yarberry Companies, Inc. $2,131,044.00 25 Calumet Civil Contractors, Inc. $2,162,000.00 26 27 Bid Proposals for CityWorks Support Services; 28 Board Member Potasnik unsealed the responses and Board Member Potasnik read them aloud: 29 30 Contractor 31 NV5 Geospatial Inc 32 POWER Engineers, Inc. 33 34 TABLED ITEMS 35 Request for Revocation of Consent to Encroach; 41 North Rangeline; Lot One Partners, LLC TABLED 36 11-06-24 REMAINS TABLED 37 38 39 40 CONTRACTS 41 Request for Purchase of Goods and Services: Fields Outdoor Adventures LLP; ($72,125.00); 42 Ammunition; Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 43 approved 2-0. 44 Request for Professional Services; Rundell Ernstberger Associates, Inc.; ($218,500.00); 24-ENG-19 45 Main Street from 4th Ave to Richland; Board Member Potasnik moved to approve. Board Member 46 Barlow seconded. Request approved 2-0. 47 Request for Purchase of Goods and Services; United Construction Services LLC; ($7,837.06); 20-48 ENG-06 Haverstick Road Multi-Use Path; Change Order #5; Board Member Potasnik moved to 49 approve. Board Member Barlow seconded. Request approved 2-0. 50 Request for Purchase of Goods and Services; Convergint Technologies, LLC; ($206,987.47); Genetec 51 Servers; Additional Services Amendment; Board Member Potasnik moved to approve. Board Member 52 Barlow seconded. Request approved 2-0. 53 Request for Purchase of Goods and Services; CSU, Inc.; ($55,646.38); 126th Street & Cool Creek 54 Fiber Installation; Additional Services Amendment; Board Member Potasnik moved to approve. Board 55 Member Barlow seconded. Request approved 2-0. 56 Request for Purchase of Goods and Services; CC&T Construction, Inc.; ($55,840.00); Sidewalk 57 Replacement; Additional Services Amendment; Board Member Potasnik moved to approve. Board 58 Member Barlow seconded. Request approved 2-0. 59 Request for Purchase of Goods and Services; Engledow, Inc.; ($115,570.69); Annual Flowers; 60 Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Barlow 61 seconded. Request approved 2-0. 62 Request for Purchase of Goods and Services; Engledow, Inc.; ($54,597.84); Flower Installation; 63 Additional Services Amendment; Board Member Potasnik moved to approve. Board Member Barlow 64 seconded. Request approved 2-0. 65 Request for Purchase of Goods and Services; KPS Commercial Construction; ($5,940.00); 24-STR-09 66 Street Department Building Upgrades; Change Order #1; Board Member Potasnik moved to approve. 67 Board Member Barlow seconded. Request approved 2-0. 68 REQUEST TO USE CITY STREETS/PROPERTY 69 Request to Use City Hall Parking Lot; FreeWheelin Community Spring Bike Collection; April 5, 2025; 70 10:30 AM to 2:00 PM; Board Member Potasnik moved to approve. Board Member Barlow seconded. 71 Request approved 2-0. 72 Request to Use/Close City Streets; May 7, 2025; 8:00 AM to 8:00 PM; The Petitioner and Attorney for 73 Aaron Wealth Advisors briefly spoke; we would like to work through the problem and have a 74 resolution for our request. 75 Josh Kirsh, Engineering Department, briefly speaks; when engineering looks at a road closure, it will 76 look at the impact on the road network. We can not re-route traffic through private property. We try to 77 work with the petitioners to work through this so they can get their request approved. We suggest 78 closing a few parking spaces in front of the building or rerouting the closure to Phelps on the south, 79 adjacent to the building. This still maintains access to the businesses. This impact on traffic would be 80 significantly less. 81 Alan Potasnik, Board Member, briefly speaks; Alan asks Josh Kirsh if this recommendation he 82 suggests is the best option to ensure that the neighboring business will not be affected. Alan asks 83 Sergey if this has any liability on the city, making the public reroute to turn around. Sergey states this 84 would not be a liability on the city. 85 Sergey Grechukhin, Corporation Counsel, briefly speaks that we recommend that the petitioner ask 86 Studio M for permission to use their property. The Petitioner has already requested permission from 87 Studio M. The Petitioner's attorney stated that Studio M already knows of their request and is behind 88 them on the request. 89 Josh Kirsh spoke to the petitioner, and they agreed on a different closure that does not affect the public 90 or cause issues with the public turning around on private property. We suggest the application be 91 approved with conditions and changes. Josh Kirsh shows a visual map for Alan Potasnik and the 92 public to reference what Engineering and the petitioner are requesting and the new road closures 93 agreement. 94 James Barlow agrees to approve the request as long as the petitioner agrees to the Engineering's 95 changes for lane closures. Board Member Potasnik moved to approve. Board Member Barlow 96 seconded. Request approved 2-0. 97 Request to Use Palladium East Patio; Special Request to Use Electricity; Wedding Ceremony; May 17, 98 2025; 5:00 PM to 6:40 PM; Board Member Potasnik moved to approve. Board Member Barlow 99 seconded. Request approved 2-0. 100 Request to Use Carter Green and Palladium East Patio; (Previously Approved July 17, 2024); Request 101 for Parking Only; May 17, 2025; 1:30 PM to 5:30 PM; Board Member Potasnik moved to approve. 102 Board Member Barlow seconded. Request approved 2-0. 103 Request to Use Civic Square Foutain Area and Civic Square Gazebo and Lawn; Special Request to 104 Use Electricity and Fountain Restrooms; Gazebo Concerts; May 28, June 4, June 11, June 18, June 105 25, July 9, July 16, July 23, July 30, August 6, August 13, August 20, August 27, September 3, and 106 September 10, 2025 (September 17 and September 24, 2025 Rain Dates); 9:00 AM to 10:00 PM; 107 Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 108 Request to Use Midtown Plaza; Free Family-Friendly Movies; June 3, 2025 to September 30, 2025 109 (Tuesdays & Thursdays); 6:00 PM to 8:00 PM; Board Member Potasnik moved to approve. Board 110 Member Barlow seconded. Request approved 2-0. 111 Request to Use/Close City Streets; Freedom Run and Walk; July 4, 2025; 7:00 AM to 10:00 AM; 112 Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 113 Request to Use City Streets; Annual Kelli’s Kegs N’ Eggs 5K; August 9, 2025; 6:00 AM to 2:00 PM; 114 Board Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 115 Request to Use Monon & Main Plaza and Use/Close City Streets; Special Request to Use Electricity; 116 Carmel International Arts Festival; September 28, 2025; 4:00 PM to 9:00 PM; Board Member 117 Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 118 OTHER 119 Request for Waiver of BPW Resolution No. 04-28-17-01; 96TH Street Static Wire Replacement; Board 120 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 121 Request for Waiver of BPW Resolution No. 04-28-17-01; 310 1st Street NE; Board Member Potasnik 122 moved to approve. Board Member Barlow seconded. Request approved 2-0. 123 Request for Waiver of BPW Resolution No. 04-28-17-01; 1640 W Main Street; Board Member 124 Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 125 Request for Waiver of BPW Resolution No. 04-28-17-01; Community Drive & 146th Street; Board 126 Member Potasnik moved to approve. Board Member Barlow seconded. Request approved 2-0. 127 ADD-ONS 128 Board Member Potasnik moved to add-on two items to the agenda. Board Member Barlow seconded. 129 Add-Ons Approved 2-0. 130 Request for Purchase of Goods and Services; Rieth-Riley Construction Co., Inc.; ($939,658.97); 131 106th Street and Keystone Bridge Repair; Sergey Grechukhin, Corporation Counsel, briefly speaks; 132 we just received a signed agreement for the bridge restoration work that the BPW opened bids for and 133 awarded the contract to Reith- Riley Construction- that is the reason for missing the agenda 134 submission deadline. As a recap, the bridge is located on 106th St. It was hit last year and requires 135 renovation. Because of multiple reasons outside of our control, we had to secure additional 136 appropriation from the Council and rebid the work this year. On a second attempt, the bids came 137 significantly lower and were within the budget. We are eager to begin this project promptly and 138 request BPW approval. Board Member Potasnik moved to approve. Board Member Barlow seconded. 139 Request approved 2-0. 140 Request for Professional Services; Weihe Engineers, Inc.; ($87,950.00); 24-PRK-01 Autumn 141 Greenway and Veteran’s Way Topographic Survey Services; Sergey Grechukhin, Corporation 142 Counsel, briefly speaks; this is a time-sensitive matter as the Park Department requires this survey to 143 proceed with the design contract for the Autumn and Veterans Greenway trails, with the goal of 144 potentially commencing trail work this year. The signed agreement was received today, necessitating 145 this urgent request. Board Member Potasnik moved to approve. Board Member Barlow seconded. 146 Request approved 2-0. 147 ADJOURNMENT 148 Board Member Barlow adjourned the meeting at 10:31 AM. 149 150 APPROVED: ____________________________________ 151 Jacob Quinn – City Clerk 152 153 154 _____________________________________ 155 Chairwoman Laura Campbell 156 157 158 ATTEST: 159 __________________________________ 160 Jacob Quinn – City Clerk 161 162 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 Page 1 of 6 HIPAA Business Associate Agreement THIS HIPAA BUSINESS ASSOCIATE AGREEMENT (the “Agreement”) is entered into effective as of the date of last signature below (the “Effective Date”) by and between St. Vincent Carmel Hospital, Inc. d/b/a Ascension St. Vincent Carmel, (“Business Associate”) and City of Carmel Fire Department on behalf of itself and its affiliates, if any (individually and collectively, the “Covered Entity”). A. Business Associate may create, receive, maintain or transmit protected health information or electronic protected health information on behalf of Covered Entity in connection with Business Associate’s performance of functions or activities for or on behalf of Covered Entity. B. Covered Entity and Business Associate acknowledge their respective obligations to protect the privacy and provide for the security of PHI in compliance with the HIPAA as defined below. For purposes of compliance with HIPAA, the parties agree to the terms and conditions set forth in this Agreement. 1. Definitions. i.HIPAA. The Health Insurance Portability and Accountability Act of 1996, and the regulations related to Privacy, Security, Breach Notification and Enforcement promulgated thereunder by the U.S. Department of Health and Human Services (“HHS”) at 45 CFR Part 160 and Part 164, as amended from time to time, including by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Final Omnibus Rule shall collectively be referred to herein as “HIPAA”. ii.PHI. Protected health information (“PHI”) is individually identifiable health information that is transmitted by electronic media, maintained in electronic media or transmitted or maintained in any other form or medium and that is created or received by a covered entity and relates to the provision of health care to an individual or the past, present, or future physical or mental health or condition of any individual, or the past, present or future payment for the provision of health care to an individual. iii.Security Incident. A “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. Notwithstanding anything to the contrary in this Agreement, the parties acknowledge that Security Incident as used herein does not include activities such as pings and other broadcast attacks on Business Associate’s firewall, port scans, unsuccessful log-on attempts, denials of service, and any combination of the above, so long as no such incident results in unauthorized access, use, or disclosure of PHI. By Benjamin J Legge at 9:49 am, Mar 26, 2025 Page 2 of 6 The terms used herein, unless otherwise defined, shall have the same meanings as those terms are defined under the HIPAA. 2. Compliance with Applicable Law. The parties acknowledge and agree that, beginning with the relevant effective dates, the parties shall comply with its obligations under this Agreement and with all related obligations under HIPAA and other applicable state and federal laws and regulations, as they exist at the time this Agreement is executed and as they are amended or superseded, for so long as this Agreement is in place. 3. Permitted Use and Disclosure of PHI. Business Associate may use and disclose PHI as necessary and appropriate to carry out the purposes specified in this Agreement, as reasonably necessary to provide the services contemplated by a services agreement or any other arrangement between the parties (if applicable, “Underlying Agreement”) and for such other purposes as permitted by HIPAA and as required by law. Business Associate may also use PHI to perform data aggregation services relating to Covered Entity’s health care operations and to de-identify any PHI subject to this Agreement as permitted by HIPAA. 4. Management, Administration and Legal Responsibilities. Business Associate may use or disclose PHI received in its capacity as a Business Associate for the proper management and administration of Business Associate, or as necessary to carry out the legal responsibilities of Business Associate if such use or disclosure is required by law, or Business Associate obtains, prior to making any such disclosure, reasonable assurances from the person to whom the information is disclosed: (i) that the PHI will remain confidential and will be used or further disclosed only as required by law or for the purpose for which it was disclosed to the person; and (ii) that the Business Associate will be immediately notified of any known breaches of the confidentiality or security of the PHI. 5. Limitations on Use and Disclosure of PHI. Neither party shall, request, use or disclose PHI in a manner that is not permitted by this Agreement or would violate Subpart E of 45 CFR 164 (“Privacy Rule”). All uses and disclosures of, and requests by, the parties for PHI are subject to the minimum necessary limitations set forth in HIPAA. 6. Safeguarding PHI. Business Associate shall use appropriate safeguards and shall comply with Subpart C of 45 CFR Part 164 (“Security Rule”) with respect to electronic PHI, to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of by the Underlying Agreement or this Agreement. 7. Reporting to Covered Entity. Business Associate shall report to Covered Entity: (i) any use or disclosure of PHI not provided for by the Underlying Agreement or this Agreement of which it becomes aware; (ii) any breach of unsecured PHI in accordance with Subpart D of 45 CFR 164 (“Breach Notification Rule”); and (iii) any Security Incident of which it becomes aware. 8. Agreements with Third Parties. Business Associate shall enter into an agreement with a subcontractor of Business Associate that creates, receives, maintains, or transmits PHI on behalf of Business Associate. Pursuant to such agreement, the subcontractor shall agree to Page 3 of 6 be bound by substantially the same restrictions, conditions and requirements that apply to Business Associate under this Agreement with respect to such PHI. 9. Access to PHI. To the extent Business Associate maintains information in a Designated Record Set, Business Associate shall make available to Covered Entity such PHI as required by 45 C.F.R. § 164.524. 10. Amendment of PHI. To the extent Business Associate maintains information in a Designated Record set, Business Associate shall provide such information to Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 C.F.R. § 164.526. 11. Accounting of Disclosures. Business Associate agrees to document disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to an individual’s request for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. 12. Other Business Associate Obligations. To the extent that Business Associate is required to carry out one or more of Covered Entity’s obligations under the Privacy Rule, Business Associate shall comply with such requirements that apply to Covered Entity in the performance of such obligations. 13. Covered Entity Obligations. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI. 14. Availability of Books and Records. Business Associate agrees to make its internal practices, books, and records available to the Secretary for purposes of determining compliance with HIPAA. 15. Termination. In addition to any other rights the parties may have in the Underlying Agreement, this Agreement or by operation of law or in equity, either party may terminate the Underlying Agreement if the other party has violated a material term of this Agreement that is not cured within a reasonable amount of time after written notice has been provided. 16. Effect of Termination. Upon the termination of the Underlying Agreement or this Agreement, Business Associate shall return, de-identify, or destroy the PHI. If such return or destruction is infeasible, Business Associate shall extend the protections of this Agreement to the retained PHI, and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible. Business Associate’s obligations under this Section shall survive the termination of this Agreement. Page 4 of 6 17. Third Party Rights. The terms of this Agreement do not grant any rights to any party other than Business Associate and Covered Entity. 18. Indemnification. Each party shall be legally and financially responsible for the acts and omissions of itself and its employees, directors, officers, representatives and agents and will pay all losses and damages attributable to such acts or omissions for which it is legally liable. This Agreement shall not be construed to create a contractual obligation for one party to indemnify the other party for loss or damage resulting from any act or omission of such other party or its employees, directors, officers, representatives or agents, nor to constitute a waiver by either party of any rights to indemnification, contribution or subrogation that the party may have by operation of law. 19. No Agency. For the purposes of this Agreement, Business Associate is an independent contractor of Covered Entity and nothing in this Agreement shall be construed to create an agency relationship between the parties. 20. Changes in the Law. The parties agree to amend either the Underlying Agreement or this Agreement, as appropriate, to the extent necessary to conform to any new or revised legislation, rules and regulations to which either party is subject now or in the future including, without limitation, HIPAA. 21. Conflicts. If there is a direct conflict between the Underlying Agreement and this Agreement, the terms and conditions of this Agreement shall control. 22. Notice. Service of all notices under this Agreement shall be sufficient if sent electronically to the other party at their respective e-mail addresses set forth below, or at such address as such Party may provide in writing from time to time: If to Business Associate: BAACompliance@ascension.org If to Covered Entity: Attn: Carmel Fire Department - Division Chief of EMS Address: 210 Veterans Way City, State, Zip: Carmel IN 46032 Page 5 of 6 BUSINESS ASSOCIATE: Signed Printed Title Date COVERED ENTITY: Signed Printed Title Date Chad Dilley President, ASV Carmel COVERED ENTITY CITY OF CARMEL FIRE DEPARTMENT By and through the 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 1 RESOLUTION NO. BPW 04-02-25-04 A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE DONATION AND TRANSFER OF PROPERTY BY THE CITY OF CARMEL TO INDIANA TASK FORCE ONE WHEREAS, Indiana Task Force One (“Task Force One”) is one of 28 highly trained Department of Homeland Security and Federal Emergency Management Agency-sponsored Urban Search and Rescue teams in the United States, comprised of firefighters, law enforcement officers, medical personnel and civilians from the State of Indiana; and WHEREAS, Task Force One is seeking two (2) video laryngoscopes to assist with emergency response rescue and/or training; and WHEREAS, the City of Carmel, Indiana (“City”) desires to assist Task Force One by donating and transferring two (2) obsolete video laryngoscopes that are not in use at the City and have since been replaced with newer models, (the “Property”) to Task Force One; and WHEREAS, although the Property is obsolete, has been replaced, and no longer used by the City, the Property is functional and can be used by Task Force One to assist with emergency response rescue and/or training; and WHEREAS, Task Force One shall, by and through its duly authorized representative, enter into that certain "Acknowledgment of Donation/Transfer; Release of Liability Form", which is attached hereto and incorporated herein by this reference as Exhibit A, and return a fully executed copy of the same to the City prior to taking physical possession of the Property; and, WHEREAS, the City will donate and transfer, and Task Force One shall accept the donation and transfer of the Property in an “as is” condition, with no guarantees or warranties as to the fitness of same for any particular purpose or use, or otherwise, and Task Force One shall, upon its receipt of the Property, thereafter be solely responsible and liable for the operation and maintenance of same; and WHEREAS, the City agrees to donate and transfer the Property to Task Force One subject to the terms and conditions of this Resolution. IT IS THEREFORE RESOLVED THAT: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The donation and transfer of the Property by the City to Task Force One is hereby approved pursuant to and in accordance with the terms of this Resolution. 3. Task Force One shall hold harmless the City of Carmel, Indiana, and its respective officers, officials, employees, attorneys, agents, successors and assigns, and shall indemnify the same for any and all liability that may arise from or as a result of the Property or any use thereof on and after the date on which this Resolution is executed. 2 SO AGREED. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, City Clerk Date: ACKNOWT,EPGMENT OE PONATTON/TBANSEER; BETrEASE OE J,JABTT,TTY FORM KNOW ALL BY THESE PRESENTS, that the City of Carmel, Indiana, by and through its Board of Public Works and Safety ("City"), and pursuant to Resolution No. BPW 04-02-25-04 the same being incorporated herein by this reference (the 11Resolution11), in consideration for the arranging the delivery and transfer of donated property, and other good and valuable consideration, has agreed to donate to Indiana Task Force One (a highly trained Department of Homeland Security and Federal Emergency Management Agency sponsored Urban Search and Rescue teams in the United States, comprised of firefighters, law enforcement officers, medical personnel and civilians from the State of Indiana) all of the City's rights and interest in and to certain donated property, as is more particularly described in the Resolution, on the terms and conditions set forth therein. The donation and transfer of the Prope1iy is made on an 11as is" basis, with no express or implied warranties being made by the City relating to the Property, its condition and/or usefulness, including but not limited to, warranties of merchantability or fitness for a particular purpose. Indiana Task Force One hereby releases and forever discharges and agrees to indemnify and hold harmless the City, its officers, officials, employees, attorneys, and agents, and their successors and assigns, from and against any and all claims, demands, actions, causes of action, liabilities, losses, and/or expenses whatsoever, including, but not limited to, reasonable attorney's fees, arising out of or incurred with respect to the donation. transfer, and/or use of the Property from this date forward, including but not limited to, its condition, operation and/or use by Indiana Task Force One and/or any subsequent owners or users thereof. ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE PROPERTY IS DONATED AND TRANSFERRED "AS IS," "WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY BY CITY. The undersigned hereby represents and certifies that they have full power and authority to execute this Acknowledgment of Donation/Transfer; Release of Liability Form. IN WITNESS WHEREOF, Indiana Ta;t�orce One has executed this Acknowledgment of Donation/ Transfer;Release of Liability Form this� day of fl.c.;./ , 2025. INDIANA TASK FORCE ONE Printed Name Title 3 CITY OF CARMEL SUE FINKAM, MAYOR March J..1_, 2025 Statement and Request for Special Purchase City of Carmel Police Department ("CPD") respectfully requests the Board of Public Works and Safety to approve a special purchase of the ST AL KER Dual SL Radar System ("ST AL KER"). This special purchase is authorized by Ind. Code § 5-22-10-13 (Single source for supply) because Applied Concepts, Inc., 855 East Collins Boulevard, Richmond, TX 75081 ("Vendor"), is the only one (I) source for the supply of the STALKER, and because the STALKER is being offered for purchase from Vendor at prices equal to or less than the prices stipulated in current federal supply service schedules established by the federal General Services Administration; and it is advantageous to the City of Carmel's interest in efficiency and economy. Please see attached Exhibit A of the proposed Contract submitted contemporaneously with this Statement. DETERMINATION OF SPECIAL PURCHASE: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By : Laura Campbell, Presiding Officer Date: ----------- James Barlow, Member Date: ----------- Alan Potasnik, Member Date: Chief Drake Sterling Carmel Police Chief ATTEST: Jacob Quinn, Clerk Date: --------- STALKE11 ~ Sole Source for STALKER DUAL SL Radar System This is to confirm and verify that Applied Concepts, Inc., 855 E. Collins, Richardson, TX 75081 is the sole source manufacturer of the STALKER Dual SL Radar System. There is no other Dual SL Radar instrument being manufactured that meets the specifications below: ► Same-Direction with Directional Antenna Operation -With direction sensing capabilities, the DUAL SL is able to automatically determine if vehicles traveling in the same direction are closing or going away from the radar. This allows the DUAL SL to automatically measure same direction traffic speeds as simply and accurately as it does opposite direction traffic. ► 3 Window Fastest Speed Tracking -Stalker's patented Fastest Speed Tracking assists the operator in making proper target identification by displaying both the Strongest and highest speed targets simultaneously on separate, multi-color display windows. ► Patented Digital Antenna Communication -The Stalker DUAL SL achieves longer range by digitizing the Doppler audio signal at the antenna and using a high speed bi-d irection communication link to transmit data between the antenna and the counting unit. ► Four-Direction Speed Monitoring -With two antennas, the Stalker DUAL SL's moving mode can track vehicles in four directions. ► True Doppler Audio -The Stalker DUAL compensates for patrol speed variations when generating the Doppler audio. ► Cordless Ergonomic Remote -The Infrared cordless remote moves all controls into the palm of the operator's hand. ► Applied Concepts, Inc was awarded an ISO 9001 :2015 Certificate of Registration for design, manufacture , and service of speed measurement products. This is unique in our market segment. All Stalker Radar products are made in the USA and are in full compliance with the Buy American Act. The STALKER Dual SL Radar System can only be purchased directly from Applied Concepts, Inc. or through one of our Regional Sales Managers. William H. Titterington Contracts Manager applied concepts, inc. StalkerRadar.com I Registered to ISO 9001 :2015 855 East Collins Boulevard I Richardson, Texas 75081 I 972.398.3780 I 1-800-STALKER I Fax: 972.398.3781 ClO:H).402-00 Rev D 04/24/2024 Applied Concepts, Inc. Police Department - 2025 Appropriation #1110 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 1 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Applied Concepts, Inc. an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 1110 44-670.99 Capital Lease Fund. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Fifty-Seven Thousand Eighty-Seven Dollars and Fifty Cents ($57,087.50) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. All payments and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. Applied Concepts, Inc. Police Department - 2025 Appropriation #1110 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 2 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees), without any cap or limitation, for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, without any cap or limitation, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. The City has no indemnity obligation and will not indemnification the Vendor in regard to any liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) arising out of this Agreement. These obligations regarding indemnification shall survive the termination of this Agreement. Applied Concepts, Inc. Police Department - 2025 Appropriation #1110 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 3 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. Applied Concepts, Inc. Police Department - 2025 Appropriation #1110 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 4 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Police Department Office of Corporation Counsel Three Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Applied Concepts, Inc. PO BOX 972943 Dallas, TX 75397-2943 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. --- Applied Concepts, Inc. Police Department - 2025 Appropriation #1110 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 5 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory completion of services and/or delivery and acceptance of goods contracted for herein. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. Applied Concepts, Inc. Police Department -2025 Appropriation #11 JO 44-670.99 Fund; P.O. #116543 Contract Not To Exceed $57,087.50 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: Laura Campbell, Presiding Officer Date: ----------- James Barlow, Member Date: ----------- Alan Potasnik, Member Date: ----------- ATTEST: Jacob Quinn, Clerk Date: ----------- Applied Concepts, Inc. William H. Titterington Printed Name Contracts Manager Title FID/TIN: 75-1544925 ------------ Date: 03.24.2025 ------------- 6 Exhibit A Page 1 of 4 STALK£ji ,ada, QUOTE #2098845 applied concepts, inc. 855 E. Collins Blvd National Toll Free: 1-800-STALKER Page 1 of 2 Date: 01 /06/25 Richardson, TX 75081 Phone: 972-398-3780 Fax: 972-398-3781 Effective From : 01/06/2025 Bill To: Carmel Police Dept 3 Civic Sq Carmel, IN 46032-2584 Grp Qty Package I Robert Mele Dewey Gatts Inside Sales Partner: +1-972-801-4882 Reg Sales Mgr: 1 972-398-3780 rmele@stalkerradar.com dewey@stalkerradar.com Valid Through: 04/06/2025 Lead Time: 45 working days I Customer ID: 022193 Ship To: Carmel Police Dept Accounts Payable 3400 W 131 st St Carmel, IN 46074-8267 Description Wrnty/Mo FedEx Ground City Mechanic Jason Ogle Price Ext Price 1 231 805-0022-00 I Dual - 2 Antenna Radar System -PILI I 36 I $2,261.00 $52,003.00 Ln Qty Part Number Description Price Ext Price 1 23 200-0998-50 Dual Enhanced Counting Unit, 1.5 PCB, ARM Processor $0.00 2 23 200-1571-00 Dual SL Modular OSC Display $0.00 3 46 200-1468-00 Dual DSR Ka Antenna $0.00 4 23 200-0920-00 Dual SL Remote Control w/Screw Latch $0.00 5 23 200-0769-00 25 MPH/40 KPH KA Tuning Fork $0.00 6 23 200-0770-00 40 MPH/64 KPH KA Tuning Fork $0.00 7 23 200-0243-00 Counting/Display Tall Mount $0.00 8 23 200-0244-00 Antenna Dash Mount $0.00 9 23 200-0245-00 Antenna Tall Deck Mount $0.00 10 23 200-0648-00 Display Sun Shield $0.00 11 23 155-2591-08 8 Foot Antenna Cable, IP67 $0.00 12 23 155-2591-20 20 Foot Antenna Cable, IP67 $0.00 13 23 200-0622-00 VSS Cable Kit $0.00 14 23 200-0820-00 Dual Manual Kit $0.00 15 23 006-0096-00 Fan Noise Suppression Addendum -Dual SL $0.00 16 23 035-0361-00 Shipping Container, Dash Mounted Radar $0.00 17 23 005-1468-00 Dual Certified Package $0.00 18 23 060-1 000-36 36 Month Warranty $0.00 Group Total $52,003.00 Grp Qty Package Description Wrnty/Mo Price Ext Price 2 2j 805-0022-00 I Dual -2 Antenna Radar System -Tahoe I 36 I $2.261 .00 I $4,522.00 Ln Qty Part Number Description Price Ext Price 19 2 200-0998-50 Dual Enhanced Counting Unit, 1.5 PCB, ARM Processor $0.00 20 2 200-1571-00 Dual SL Modular OSC Display $0.00 21 4 200-1468-00 Dual □SR Ka Antenna $0.00 22 2 200-0920-00 Dual SL Remote Control w/Screw Latch $0.00 23 2 200-0769-00 25 MPH/40 KPH KA Tuning Fork $0.00 24 2 200-0770-00 40 MPH/64 KPH KA Tuning Fork $0.00 25 2 200-0243-00 Counting/Display Tall Mount $0.00 26 2 200-0244-00 Antenna Dash Mount $0.00 ** Continued on Next Page** Exhibit A Page 2 of 4 ST;4LK£R radar QUOTE #2098845 applied concepts, inc. 855 E. Collins Blvd National Toll Free: 1-800-STALKER Page 2 of 2 Date: 01 /06/25 Richardson, TX 75081 Phone: 972-398-3780 Fax: 972-398-3781 Effective From : 01/06/2025 Bill To: Carmel Police Dept 3 Civic Sq Carmel, IN 46032-2584 Grp Qty Package I Robert Mele Dewey Gatts Inside Sales Partner: +1-972-801-4882 Reg Sales Mgr: 1972-398-3780 rmele@stalkerradar.com dewey@stalkerradar.com Valid Through: 04/06/2025 Lead Time: 45 working days I Customer ID: 022193 Ship To: Carmel Police Dept Accounts Payable 3400 W 131st St Carmel, IN 46074-8267 Description FedEx Ground City Mechanic Jason Ogle Wrnty/Mo Price Ext Price 2 2 j 805-0022-00 I Dual - 2 Antenna Radar System -Tahoe I 36 I $2,261.00 $4,522.00 Ln Qty Part Number 27 2 200-0245-00 28 2 200-0648-00 29 2 155-2591-08 30 2 155-2591-20 31 2 200-0622-01 32 2 200-0820-00 33 2 006-0096-00 34 2 035-0361-00 35 2 005-1468-00 36 2 060-1 000-36 Vehicle Information: 2025 Ford Interceptor SUV 2025 Chevrolet Tahoe SUV Description Price Antenna Tall Deck Mount Display Sun Shield 8 Foot Antenna Cable, IP67 20 Foot Antenna Cable, IP67 2015-Present Tahoe VSS Cable Kit Dual Manual Kit Fan Noise Suppression Addendum -Dual SL Shipping Container, Dash Mounted Radar Dual Certified Package 36 Month Warranty Group Total Product $56,525.00 Sub-Total: Discount $0.00 Sales Tax 0% Shipping & Handling: Payment Terms: Net 30 days Total: USO . --- -- - - Ext Price $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4 ,522.00 $56,525.00 $0.00 $562.50 $57,087.50 001 This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. From:Vanna Moore To:Wilham, Donna Subject:RE: Quote # 2098845 Date:Wednesday, March 12, 2025 11:48:47 AM Attachments:image002.png image003.png image004.png image005.png Hi Donna, Here is what they said: Hi Vanna, Yes, the customer is receiving a price advantage of approximately 10% below the current GSA federal contract. 805-0022-00 Dual 2Ka Car Mounted Radar: GSA Price: $2,548.82. GSA 6+ Quantity Price: $2,517.73. Let me know if this works or you need more information. Thanks, . Vanna Moore Inside Sales Partner Stalker Radar / Street Dynamics 855 East Collins Blvd. | Richardson, Texas 75081 P: 972-801-4818 E: vanna.moore@stalkerradar.com StalkerRadar.com Exhibit A Page 3 of 4 n m ■ From: Wilham, Donna <dwilham@carmel.in.gov> Sent: Wednesday, March 12, 2025 9:47 AM To: Vanna Moore <vanna.moore@stalkerradar.com> Subject: Quote # 2098845 CAUTION: This email originated from outside of the organization. Do not click links oropen attachments unless you recognize the sender and know the content is safe. Hi Vanna, Could you please let me know if we are receiving the product “at prices equal to or less than the prices stipulated in current federal supply service schedules established by the federal General Services Administration.” Indiana Code § 5-22-10-14? Thank you for your help! Best Regards, Donna Wilham Administrative Assistant Carmel Police Department 1000 S. Rangeline Road Carmel, IN 46032 317-571-2721 CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately call us at (317) 571-2500, delete the transmission from all forms of electronic storage, and destroy all hard copies. DO NOT FORWARD this transmission. Receipt of this electronic mail message by anyone other than the intended recipient(s) is not a waiver of any attorney-client work product, investigatory law enforcement privilege or any other applicable privilege. Thank you. Exhibit A Page 4 of 4 N4SPO ValuePoint SUPPLIER PARTNER L Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Person Providing Date Goods/Services Goods/ Service Provided Signature Printed Name EXHIBITB Invoice Goods/Services Provided (Describe each good/service separately and in detail) GRAND TOTAL Date: Goods Cost Per Item Services Hourly Total Rate/ Hours Worked EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products-Completed Operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Limit: Each Occurrence Limit: Damage to Premises: Fire Damage (any one fire): Medical Expense Limit (any one person): Statutory Limits $500,000 each employee $500,000 each accident $1,000,000 policy limit $2,000,000 $1,000,000 $500,000 $1,000,000 $100,000 each occurrence $250,000 each occurrence $10,000 Auto Liability (owned, hired, and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella/Excess Liability Each Occurrence: Aggregate: Maximum deductible: $1,000,000 each accident $1,000,000 each accident $1,000,000 $1,000,000 $1,000,000 $10,000 EXHIBITD AFFIDAVIT William H. Titterington , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows : I. 2. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. I am now and at all times relevant herein have been employed by Applied Concepts, Inc. (the "Employer") in the position of _____ C_o_n_t_r_a_c_ts_M_a_n_a--=g'-e_r ___ _ 3. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SA YETH NOT. EXECUTED on the 24th day of March . 20 25 . hk lildirjb Printed: William H. Titterington I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and represetZ~:; ~ Printed: William H. Titterington City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 116543 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE iFORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/5/2025 368978 Radar Systems APPLIED CONCEPTS INC VENDOR PO BOX 972943 DALLAS, TX 75397--2943 Police Department SHIP 3 Civic Square TO Carmel, IN 46032- PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 98832 QUANTITY UNIT OF MEASURE Department: 1110 Fund: O Account: 44-670.99 DESCRIPTION UNIT PRICE EXTENSION Capital Lease Fund 2 Each Dual -2 Antenna Radar System -2025 Chevy Tahoe $2,261.00 $2,261.00 $562.50 Sub Total $4,522.00 $52,003.00 $562.50 $57,087.50 23 Each 1 Each Dual -2 Antenna Radar System -2025 Ford Interceptor SUV shipping Send Invoice To: Police Department 3 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENT SHIPPING INSTRUCTIONS 'SHIP PREPAID ·c O.D. SHIPMENT CANNOT BE ACCEPTED. ACCOUNT 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL -THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99. ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 116543 PROJECT PAYMENT PROJECT ACCOUNT AMOUNT $57,087.50 'AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENTTO PAY FOR THE ABOVE ORDER. Donald Schoeff Deputy Chief Zac Jackson CFO RESOLUTION NO. BPW 04-02-25-01 RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter intocontracts; and WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe City; and WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has caused tobesignedtheAgreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview. NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as follows: 1. Theforegoing Recitals areincorporated herein bythisreference. 2. Thereceipt oftheContract ishereby acknowledged. 3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic forreview. SORESOLVED this dayof , 2025. CITY OFCARMEL, INDIANA Byand through itsBoardofPublic WorksandSafety BY: Laura Campbell, Presiding Officer Date: JamesBarlow, Member Date: AlanPotasnik, Member Date: ATTEST: JacobQuinn, Clerk Date: Version 6-8-2017 2025.000161 LPA - CONSULTING CONTRACT This Contract (“this Contract”) is made and entered into effective as of March 10, 2025 (“Effective Date”) by and between City of Carmel, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or LPA”), and American Structurepoint, Inc. (“the CONSULTANT”), a corporation organized under the laws of the State of Indiana. Des. No.: 2401603 Project Description: Raised Crosswalks at 116th Street and Range Line Road RECITALS WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation (“INDOT”) for a transportation or transportation enhancement project (“the Project”), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix “A” attached hereto (“Services”); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The “Recitals” above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix “A” which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LPA are set out in Appendix "B” which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be May 1, 2026. A schedule for completion of the Services and deliverables is set forth in Appendix “C” which is herein attached to and made an integral part of this Contract. SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix “D” which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $ 148,100. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA, and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. Version 6-8-2017 2025.000162 SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT agrees that, upon request by any agency participating in federally-assisted programs with whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make available to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the CONSULTANT and its SUB-CONSULTANTS in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 2. Assignment; Successors. A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this Contract without the LPA’s prior written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the CONSULTANT may desire without the prior written consent of the LPA, provided that the CONSULTANT gives written notice including evidence of such assignment) to the LPA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. B. Any substitution of SUB-CONSULTANTS must first be approved and receive written authorization from the LPA. Any substitution or termination of a Disadvantaged Business Enterprise (“DBE”) SUB-CONSULTANT must first be approved and receive written authorization from the LPA and INDOT’s Economic Opportunity Division Director. 3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract. 4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULTANT when his/her signature is affixed hereto. 5. Certification for Federal-Aid Contracts Lobbying Activities. A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that: i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contracts, the making of any federal grant, the making of any federal loan, the Version 6-8-2017 2025.000163 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. The CONSULTANT also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct. 7. Compliance with Laws. A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract, shall be reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract. B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT’S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT: i. State of Indiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending, and agrees that it will immediately notify the LPA of any such actions. During the term of such actions, CONSULTANT agrees that the LPA may delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. ii. Professional Licensing Standards. The CONSULTANT, its employees and SUBCONSULTANTS have complied with and shall continue to comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the CONSULTANT pursuant to this Contract. Version 6-8-2017 2025.000164 iii. Work Specific Standards. The CONSULTANT and its SUB-CONSULTANTS, if any, have obtained, will obtain and/or will maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the LPA. iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State. v. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State and will immediately notify the LPA of any such actions. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the CONSULTANT or who has managerial or supervisory responsibilities for the Services. vi. Debarment and Suspension of any SUB-CONSULTANTS. The CONSULTANT’s SUB- CONSULTANTS are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State. The CONSULTANT shall be solely responsible for any recoupment, penalties or costs that might arise from the use of a suspended or debarred SUBCONSULTANT. The CONSULTANT shall immediately notify the LPA and INDOT if any SUB- CONSULTANT becomes debarred or suspended, and shall, at the LPA’s request, take all steps required by the LPA to terminate its contractual relationship with the SUB- CONSULTANT for work to be performed under this Contract. C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT’S violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following: i. terminate this Contract; or ii. delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. D. Disputes. If a dispute exists as to the CONSULTANT’s liability or guilt in any action initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA under this Section 7.D shall be final and binding on the parties and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest under IC 5-17-5. 8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA’s reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not performed to the LPA’s reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law (collectively, “deficiencies”) until all deficiencies are remedied in a timely manner. Version 6-8-2017 2025.000165 9. Confidentiality of LPA Information. A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the LPA’s prior written consent. B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA under this Contract may require or allow access to data, materials, and information containing Social Security numbers and maintained by the LPA in its computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. 10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately after the CONSULTANT first recognizes the material change. 11. DBE Requirements. A. Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB-CONSULTANT: The CONSULTANT, sub recipient or SUB-CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate. B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be included as part of this Contract with the approved DBE SUB-CONSULTANTS identified on its Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and INDOT’s Economic Opportunity Division Director. After this Contract is completed and if a DBE SUB- CONSULTANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit (“DBE-3 Form”) to INDOT’s Version 6-8-2017 2025.000166 Economic Opportunity Division Director. The DBE-3 Form requires certification by the CONSULTANT AND DBE SUB-CONSULTANT that the committed contract amounts have been paid and received. 12. Non-Discrimination. A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60- 1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT’s Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right-of-way. D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability). E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F. The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right-of-way clearance and related projects. Version 6-8-2017 2025.000167 G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s assurances and guidelines. H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: a) withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or b) cancellation, termination or suspension of the Contract, in whole or in part. 6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Version 6-8-2017 2025.000168 The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 13. Disputes. A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 13. Time is of the essence in the resolution of disputes. B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs (including reasonable attorneys’ fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten 10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution of the dispute. 14. Drug-Free Workplace Certification. A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA. B. The CONSULTANT certifies and agrees that it will provide a drug-free workplace by: i. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; ii. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; Version 6-8-2017 2025.000169 iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such conviction; v. Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and vi. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 14.B.i. through 14.B.v. above. 15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB-CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. Version 6-8-2017 2025.0001610 17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18. Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any federal requirement which results in the LPA’s repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB-CONSULTANTS. 19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The LPA shall not provide such indemnification to the CONSULTANT. 20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers’ compensation insurance for its employees. 21. Insurance - Liability for Damages. A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. Version 6-8-2017 2025.0001611 D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA’s acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non-admitted insurers. E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub- consultants or any agent of any of them, and the obligations of indemnification in Section 19 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self-insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I. Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and 250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 – 10.4, 11.1, 13.1, 14.1 – 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II. Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form, and include contractual liability. The policy shall be amended to include the following extensions of coverage: 1. Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. 2. The policy shall provide thirty (30) days notice of cancellation to LPA. 3. The CONSULTANT shall name the LPA as an additional insured. III. Automobile Liability The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned autos used by employees or others on behalf of the CONSULTANT for the conduct of the CONSULTANT’s business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term “automobile” shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage: Version 6-8-2017 2025.0001612 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT shall name the LPA as an additional insured. IV. Watercraft Liability (When Applicable) 1. When necessary to use watercraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT, or any SUB-CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non- owned, and hired watercraft. 2. If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided: a. United States Longshoremen & Harbor workers b. Maritime Coverage - Jones Act 3. The policy shall provide thirty (30) days notice of cancellation to the LPA. 4. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. V. Aircraft Liability (When Applicable) 1. When necessary to use aircraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT or SUB- CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. 22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 23. Notice to Parties: Any notice, request, consent or communication (collectively a “Notice”) under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: Version 6-8-2017 2025.0001613 Notices to the LPA shall be sent to: Brad Pease, Engineering Department Director One Civic Square Carmel, Indiana 46032 Notices to the CONSULTANT shall be sent to: Cash E. Canfield, President American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, Indiana 46240 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered “work for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix “A” on other projects without the express written consent of the CONSULTANT or as provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. 26. Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies and procedures. 27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1. Version 6-8-2017 2025.0001614 28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: i. Stipulates that any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA Listing of Violating Facilities. 29. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 30. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of claims related to work under this Contract to: Brad Pease, Engineering Department Director One Civic Square Carmel, Indiana 46032 31. Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from all SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB- CONSULTANT. 32. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof. 33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this Contract. 34. Termination for Convenience. A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make Version 6-8-2017 2025.0001615 such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys’ fees and expenses) it may sustain by reason thereof. 35. Termination for Default. A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this Contract in whole or in part if i) the CONSULTANT fails to: 1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made. B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated. C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 13). The LPA may withhold from the agreed upon price for Services any sum the LPA determine necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non-material breaches by the LPA. Version 6-8-2017 2025.0001616 36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by the party claimed to have waived such right. Neither the LPA’s review, approval or acceptance of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services furnished under this Contract. 37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence required in Appendix “A” or, if not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature. 38. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever. 39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. 40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. Remainder of Page Intentionally Left Blank] Version 6-8-2017 2025.0001618 APPENDIX "A" SERVICES TO BE FURNISHED BY CONSULTANT: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The CONSULTANT shall be responsible for performing the following activities: A. General 1. The CONSULTANT shall provide engineering and prepare road design plans, preliminary opinions of probable construction cost, and other submittal documents following the INDOT LPA Process Guidance Document for Local Federal Aid Projects dated March 2022 and revisions thereto, for the improvements of raised crosswalks at 116th Street and Range Line Road intersection in Carmel, Hamilton County. B. Project Management 1. The CONSULTANT shall provide overall project management for the project. Project Management duties include schedule development and management, stakeholder coordination, and monitoring project budget. 2. The CONSULTANT shall conduct 30-minute virtual progress meetings with the Owner on a monthly basis throughout the project development (up to 6 meetings). 3. The CONSULTANT shall provide monthly project progress reports resulting from the monthly progress meetings to the Owner throughout the project development. 4. The CONSULTANT shall conduct internal coordination meetings with design team and QA. C. Topographic Survey 1. The CONSULTANT shall provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. The CONSULTANT shall survey the project location and provide the LPA with one set of original field notes for the data accumulation surveys. The CONSULTANT shall obtain deeds of record, subdivision plats, and section or auditor plats for all properties within the project limits. The CONSULTANT’s services shall be in accordance with IC 25-21.5; 865 IAC 1-12; and Chapter 106 of the INDOT Design Manual (Survey Manual). The CONSULTANT acknowledges that it has a copy of the Survey Manual. If there is any conflict between IC 25-21.5, 865 IAC 1- 12, or the Survey Manual, the order of precedence will be: a. IC 25-21.5 b. 865 IAC 1-12 c. Survey Manual 2. The survey limits are generally described below and shown in Exhibit A: Version 6-8-2017 2025.0001619 a. Beginning at approximately 225 feet west of the intersection of 116th Street and Range Line Road and heading east to approximately 225 ft east of the intersection. b. Beginning at approximately 225 feet south of the intersection of 116th Street and Range Line Road and heading north to approximately 225 ft north of the intersection. 3. CONSULTANT shall make a request through the Indiana Underground Plant Protection Service as provided by Indiana Code 8-1-26 to have public utilities marked within the public rights-of- way and recorded easements. CONSULTANT will not be responsible for damages resulting from a utility company who will not respond or for utilities that are not marked or that are mismarked. D. Environmental Services 1. The CONSULTANT shall conduct a Red Flag Investigation (RFI) of the project corridor. The Red Flag investigation (RFI) will include a preliminary analysis of publicly available infrastructure, environmental, hydrological, and cultural resources data regarding the project corridor. In addition, the IDEM Virtual File Cabinet will be reviewed to assess the potential for sites requiring additional investigation due to potential soil and/or groundwater contamination. A narrative summary and maps depicting findings of the RFI will be produced. The RFI will be prepared in general accordance with the INDOT Site Assessment (SAM) Operating Manual. If after completion of the RFI and preliminary site investigation it is determined the project will require a Phase I Initial Site Assessment (ISA), Phase II Site Investigation, or development of a remediation work plan, the services required to complete these additional investigations will be considered out of scope and additional or supplemental services will be required. 2. The CONSULTANT shall carry out environmental analyses and develop the appropriate level of National Environmental Policy Act (NEPA) documentation for the project in accordance with INDOT environmental procedures as determined by the anticipated project impacts. A Level 1 Categorical Exclusion is anticipated for this project. The environmental services required to develop this project will be in accordance with the Procedural Manual for Preparing Environmental Documents (2008) and the most recent INDOT Categorical Exclusion Manual and revisions thereto. Copies of these documents are on file with INDOT and are incorporated by reference and made a part hereof. 3. Full Section 106 review and documentation is not anticipated for this project. It is anticipated that the proposed project will qualify under Category A of the Minor Projects Programmatic Agreement (MPPA) dated February 13, 2019, and revisions thereto. If INDOT Cultural Resources Office (CRO) indicates additional investigations or full Section 106 review is necessary, additional services will be required to complete the Section 106 process. These additional services will be considered out of scope, and supplemental services will be required to complete the evaluation of potential historic or cultural resources and prepare appropriate Section 106 documentation in accordance with the INDOT Cultural Resources Manual. 4. A Public Hearing or Public Information Meeting it not anticipated for this project. According to INDOT Project Development Public Involvement Procedures Manual, approved by FHWA, it is not anticipated the proposed project will meet the minimum requirements for public involvement. If public involvement meetings are requested by the CLIENT, additional or supplemental services will be required to facilitate these meetings. 5. It is not anticipated that Section 4(f) or Section 6(f) documentation will be required as part of this project. If during development of the preferred alternative it is determined a Section 4(f) or Section 6(f) resource will be impacted and a Section 4(f) or Section 6(f) evaluation is necessary, Version 6-8-2017 2025.0001620 additional or supplemental services will be required to develop and evaluate potential avoidance alternatives, determine whether any alternatives are feasible and prudent, and analyze impacts from identified avoidance alternatives, as required for individual evaluations. 6. An analysis of Noise Impacts is not anticipated, as the scope of the proposed project is consistent with a Type 3 project, as defined in the most recent version of the INDOT Traffic Noise Analysis Procedures and revisions thereto. If during consultation with INDOT it is determined an analysis of noise impacts is required, services required for determining existing noise levels, identification of noise receivers, predictions of future noise levels, evaluation of impacts, and an analysis of noise abatement will be considered out of scope. 7. It is not anticipated that a Wetland Delineation Report will be required for this project, as all proposed work is anticipated to be confined to impervious surfaces. If it is determined that a Wetland Delineation Report and/or water quality permits will be required, additional or supplemental services will be required to complete the work. 8. If the CONSULTANT is required to provide an environmental service not listed above, the work to provide such additional service shall be considered a change in the scope of work. E. Road Design 1. The CONSULTANT shall prepare Preliminary Plans (40%) and Final Tracings Plans (100%), special provisions for the specifications, and opinions of probable construction cost, which will be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted: American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, City of Carmel Standards, and INDOT’s standard specifications, road memoranda, and design manuals, except as modified by supplemental specifications and special provisions, if any. a. The road design limits are generally described in Item C.2. b. The anticipated project design scope is described below: 1) The road design plans will consist of replacement of existing crosswalks with raised crosswalks at the roundabout at 116th Street and Range Line Road at all legs. 2) It is anticipated that all corresponding curb ramps, 12 total, will be reconstructed to facilitate the construction of the proposed raised crosswalks. 3) It is anticipated that impacts to the existing drainage network may be necessary. The design will include all necessary drainage improvements to facilitate positive drainage flow via an enclosed storm sewer system. 4) The maintenance-of-traffic for this project is anticipated to consist of phased construction to the extent possible where space allows. 5) The contract plans shall include a Title Sheet, Index Sheet, Typical Section Sheets, Miscellaneous Details Sheets, Maintenance of Traffic Sheets, Construction Details Sheets, Spot Elevation Sheets, Pavement Marking and Signing Sheets, Erosion Control Sheets, and Structure Data Table. 6) An opinion of probable construction cost shall be prepared for the project. Version 6-8-2017 2025.0001621 F. Utility Coordination The CONSULTANT shall provide coordination necessary to prepare application documents and process utility relocation coordination to secure appropriate certifications and approvals necessary for construction of this project, including: 1. Coordinating with utilities and supplying necessary plans and design information for coordination of utility relocations in accordance with 105 IAC 13. 2. Holding a Preliminary Field Check meeting with all utilities to discuss potential conflicts arising from the project. G. Construction Phase Design Services 1. The CONSULTANT shall review all shop drawings for this contract during construction. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto, or accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, coordination of the work with other trades, all of which are the sole responsibility of the Contractor. The CONSULTANT's review shall be conducted with reasonable promptness while allowing sufficient time in the CONSULTANT’s judgment to permit adequate review. Review of a specific item shall not indicate that the CONSULTANT has reviewed the entire assembly of which the item is a component. The CONSULTANT shall not be responsible for any deviations from the Construction Documents not brought to the attention of the CONSULTANT in writing by the Contractor. The CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. 2. Following the award of a construction contract, the CONSULTANT will be responsible for attending the preconstruction meeting. 3. During the course of construction, the CONSULTANT shall be available at reasonable times during normal working hours to respond to reasonable inquiries concerning the accuracy or intent of the CONSULTANT’s plans. All such inquiries will be made only by persons designated by the LOCAL PUBLIC AGENCY to interpret the plans and contract documents for the benefit of the contractors and subcontractors performing the work. The CONSULTANT shall not be required to respond to inquiries by persons other than the LOCAL PUBLIC AGENCY’s designated representative and shall not be required to engage in exhaustive or extensive analysis or interpretation of the plans. 4. As needed and directed by the LPA, the CONSULTANT shall perform construction-phase utility coordination services as described in the 2013 Indiana Design Manual, Chapter 104, as revised. H. Deliverables Upon completion and final approval of the services by the LPA, the CONSULTANT shall deliver to the LPA the following. 1. Preliminary Plans (40%): two (2) full-size (22”x34”) plan sets, two (2) half-size (11”x17”) plan sets, and one (1) preliminary opinion of probable construction cost provided to the Owner. Version 6-8-2017 2025.0001622 2. Final Tracings Plans (100%): four (4) full-size (22”x34”) plan sets, one (1) quantity and design calculations compilation, one (1) specification document, and one (1) final opinion of probable construction cost. Full INDOT Submittal of Final Tracing Documents will also be completed. Additional general data shall be issued at the mutual agreement of the CONSULTANT and the LPA. The CONSULTANT does not authorize or assume liability for any reuse of the documents or digital materials described in this section for any purpose other than this project and the specific use intended, unless adapted by and approved by the CONSULTANT. I. Exclusions 1. Traffic Engineering Services: a. Traffic data collection, analysis, design, and simulations b. Traffic signal system inventory of existing equipment c. Traffic signal design or warrant analysis d. Traffic safety analysis e. Lighting design for roadway / roundabout f. ITS design 2. Environmental Services: a. Phase I or Phase II Environmental Site Assessment b. Asbestos testing c. Karst investigation d. Detailed groundwater assessment e. Stream and wetland mitigation design and plan development f. Individual Section 401/404 permits g. Wetland delineation h. Hazardous material remediation plan i. Cemetery development plans j. Public involvement or public information meeting or public hearing k. 4f and 6f items 3. Roadway Design Services: a. Abbreviated engineers report b. Engineering assessment c. Roundabout design d. Pavement design i. Alternate Bid pavement design and plan development e. Landscape and/or streetscape design 4. Drainage Design Services: a. Hydraulic designs and analysis / Culvert design b. Scour analysis for small structures Version 6-8-2017 2025.0001623 c. Storm sewer, stormwater quality design, and detention analysis and/or design d. Sanitary sewer or storm sewer lift station design, sanitary sewer plan/profile, water main plan/profile, and submittals to IDEM for sanitary sewer and water main extension e. Floodplain or floodway analysis, modeling, and submittals to IDNR and FEMA 5. Geotechnical services 6. Right-of-way engineering services 7. Right-of-way acquisition services 8. Utility Services: a. Utility relocation design and plan preparation b. Subsurface Utility Exploration/Location/Engineering c. Determination of location or depth of utilities by means such as vacuum excavation or potholing 9. Railroad coordination services 10. Permits a. Construction Stormwater General Permit b. City / INDOT permits c. FAA Permit 11. Zoning and rezoning or development of standard variance submittals and presentations for public hearings, colored renderings, and exhibits for public hearings 12. Contract book preparation 13. Construction inspection Version 6-8-2017 2025.0001624 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA: The LPA shall furnish the CONSULTANT with the following: 1. Criteria for design and details for signs, signals, lighting, highway and structures such as grades, curves, sight distances, clearances, design loading, etc. 2. Standard Specifications and standard drawings applicable to the project 3. All written views pertinent to the location and environmental studies that are received by INDOT or the LPA 4. Utility plans available to INDOT or the LPA covering utility facilities and the location of signals and underground conduits throughout the affected areas 5. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work under this Contract 6. Aerial survey information 7. All legal services as may be required for development of the project 8. An LPA representative with decision-making authority for inquiries 9. Payment of all permit and review fees required by agencies having jurisdiction over this project data 10. Relocation plans for utility facilities owned by the local municipality that may be impacted by the Project. Version 6-8-2017 2025.0001625 APPENDIX "C" SCHEDULE: No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the LPA. All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for review and approval within the approximate time periods shown in the following submission schedule: A. Field Survey complete within 45 calendar days after receipt of notice to proceed from the LPA. B. Roadway Design 1. Preliminary Plans (40%) and utility coordination within 60 calendar days after survey is complete. 2. Final Tracings (100%) with cost estimates and special provisions within 60 calendar days after receipt from the LPA of approval of the Preliminary Plans and also after Environmental Approval. Version 6-8-2017 2025.0001626 APPENDIX "D" A. Amount of Payment 1. The CONSULTANT shall be compensated for services to be performed under this Contract a total fee not to exceed $148,100 unless approved in writing by the LPA. 2. The CONSULTANT shall be compensated for the following services on a lump-sum basis. The total obligation under this portion of the Contract shall not exceed $139,700 unless approved in writing by the LPA. a. Topographic Survey $12,300 b. Environmental Services $30,200 c. Road Design $73,600 d. Utility Coordination $13,400 e. Project Management $10,200 3. For Construction Phase Design Services, the CONSULTANT will be paid for the actual hours of work performed by essential personnel exclusively working on these tasks multiplied by the hourly rates shown in Exhibit B, plus reimbursable expenses at their direct cost. The fees for construction phase services will not exceed $8,400 unless and until a supplemental agreement is executed. 4. The CONSULTANT shall not be paid for any service performed by the LPA or not required to develop this project. B. Method of Payment 1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Contract. The invoice voucher shall be submitted to the LPA. The invoice voucher shall represent the value, to the LPA, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.1 of this Appendix, percentage completed, and prior payments. 2. The LPA, for and in consideration of the rendering of the engineering services provided for in Appendix “A”, agrees to pay to the CONSULTANT for rendering such services the fees established above in the following manner: a. For completed work, and upon receipt of invoices from the CONSULTANT and the approval thereof by the LPA, payments covering the work performed shall be due and payable to the CONSULTANT. b. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT. Version 6-8-2017 2025.0001627 3. 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6WUXFWXUHSRLQW QF HEUXDU\ HDU RI QGLUHFW RVW 6XEPLVVLRQ HUWLILHG 3D\UROO B&LW\RI DUPHOB3UHO QJ 6HUYLFH URVVZDON WK DQG 5DQJHOLQHB5DWH 6KHHWB OV ÍèIÍ Ib"i Í Íè «ô ôÍ ÍèÍ®ôô Íôî Í Íè îîŽô îîi ôôè Íô ôæÍôî®ô i>ô´ô ô [ aî aî aîF F Í Íè(Íôî Í´ôÍ iŽôôÍî Í PROJECT NUMBER: PROJECT DESCRIPTION: February24, 2025 Road Design and Plan Development WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Preliminary Plans (40%) Create Title Sheet 0 0 0 0 0 1 1 Created Index Sheet 0 0 0 0 0 1 1 Set Design Criteria 0 1 1 1 1 0 4 Compile Typical Sections & Sheets 0 0 0 1 3 3 7 Layout Pavement Master 0 1 1 4 8 0 14 Investigate Existing Topo/Grading 0 1 0 2 4 0 7 Create Detailed Spot Elevation Sheets 0 0 0 1 1 6 8 Crosswalk Spot Elevations 0 1 0 6 16 4 27 Curb Ramp Design/Spot Elevations 0 1 0 6 16 4 27 Storm Sewer/Drainage Design 0 1 0 2 8 0 11 Develop MOT Phasing Sheets 0 0 2 12 16 6 36 Develop Structure Data Table 0 0 0 1 1 1 3 Develop Construction Detail Sheets 0 0 0 0 2 4 6 Layout Construction Limits 0 0 0 0 2 2 4 Create and Compile Design Calculations (turning movements) 0 0 0 2 8 0 10 Preliminary Quantity Computations and Cost Estimate 0 1 0 2 8 0 11 QC Preliminary Plans/Quantities/Design Calcs 0 4 12 0 0 0 16 Address QC Comments 0 0 0 4 12 8 24 Submittal of Preliminary Plans 0 1 0 2 0 0 3 Subtotal 0 12 16 46 106 40 220 Final Tracings Plans (100%) Revise Plans per Utilities, Field Check, & City Comments 0 1 0 4 6 2 13 Final Typical Sections 0 0 0 1 2 1 4 Final Construction Detail Sheets 0 0 0 1 4 2 7 Final Pavement Master Details 0 1 0 2 2 0 5 Final Storm Sewer Design 0 1 0 2 6 0 9 Finalize Design Spot Elevations for RAB/Raised X-Walks 0 1 0 8 12 0 21 Curb Ramp spots finalize 0 1 0 8 12 0 21 Finalize Spot Elevation Sheets and Label 0 0 0 0 0 6 6 Final Structure Data Tables 0 1 0 1 0 0 2 Final MOT Phasing Details and Sheets 0 0 0 4 12 4 20 Final Pavement Marking & Sign Plan Sheets 0 1 0 2 4 4 11 Final Earthwork Computations 0 0 0 1 4 0 5 Erosion Control Design and Sheets 0 0 0 2 4 3 9 Review Utility Work Plans 0 2 0 12 8 0 22 Compute Final Quantities & Cost Estimate 0 1 0 4 4 0 9 Input Costs into CES 0 0 0 1 3 0 4 Compile Unique Special Provisions 0 0 0 2 4 0 6 Compile INDOT Final Tracings Documents 0 1 2 8 16 0 27 QC Plans/Design Calcs/Quantities 0 4 12 0 0 0 16 Address QC Comments on Plans/Design Calcs/Quantities 0 0 0 4 12 8 24 Submittal of Final Tracings Plans 0 1 0 1 0 0 2 Subtotal 0 16 14 68 115 30 243 TOTAL HOURS 0 28 30 114 221 70 463 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 7,145.88$ 6,270.30$ 20,392.32$ 27,445.99$ 12,272.40$ 73,526.89$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 12 /Mile 0.67$ 16.08$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ SUBTOTAL DIRECT EXPENSE COST 16.08$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Road PROJECT NUMBER: PROJECT DESCRIPTION: February24, 2025 Road Design and Plan Development WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Road Design and Plan Development TOTAL FEE 73,600.00$ Road PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Utility Coordination WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Utility Coordination Compile/Send out Initial Notices/Verification Plans 010460 11 FieldCheckMeeting 040440 12 Prepare and Distribute Minutes of Field Check 000220 4 Compile/Send out Final Work Plan Request/Plans 010560 12 Final Utility Work Plan/Relocation Drawings Review 0 8 0 16 16 0 40 Subtotal 0 14 0 31 34 0 79 TOTAL HOURS 0 14 0 31 34 0 79 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 3,572.94$ -$ 5,545.28$ 4,222.46$ -$ 13,340.68$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 12 /Mile 0.67$ 16.08$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ SUBTOTAL DIRECT EXPENSE COST 16.08$ Utility Coordination TOTAL FEE 13,400.00$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Utility Coordination PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Project Management WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Project Management 30 Minute Virtual Meetings (6) & Meeting Minutes 060660 18 Monthly Progress Reports (30 Min Ea)040100 5 Montly Revenue/Billing (30 Min Ea)040000 4 Internal Design Team Meetings 0 6 0 10 10 0 26 Subtotal 0 20 0 17 16 0 53 TOTAL HOURS 0 20 0 17 16 0 53 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 5,104.20$ -$ 3,040.96$ 1,987.04$ -$ 10,132.20$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage Trips x /Mile 0.67$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ Permit Fee --- --- each 175.00$ SUBTOTAL DIRECT EXPENSE COST -$ Project Management TOTAL FEE 10,200.00$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Project Management PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Construction Phase Services WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Construction Phase Services Pre-Construction Meeting 033000 6 Shop Drawing Reviews 0 1 4 12 0 0 17 Request for Information 0 1 6 12 0 0 19 Subtotal 0 5 13 24 0 0 42 TOTAL HOURS 0 5 13 24 0 0 42 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 1,276.05$ 2,717.13$ 4,293.12$ -$ -$ 8,286.30$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 14 /Mile 0.67$ 18.76$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ Permit Fee --- --- each 175.00$ SUBTOTAL DIRECT EXPENSE COST 18.76$ Construction Phase Services TOTAL FEE 8,400.00$ AMERICAN STRUCTUREPOINT, INC. 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December 12, 2024 Prequalification Section 317) 232-5094 Eric Holcomb, Governor Michael Smith, Commissioner PHONE: (855) 463-6848100NorthSenateAvenue Room N758-PQ Indianapolis, Indiana 46204 Cash Canfield American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 Re: Consultant Prequalification Dear Cash Canfield: The Consultant Prequalification General/Technical Modification Application submitted on 11/14/2024 has been reviewed by this office. Your firm has been prequalified to provide consulting services to the Indiana Department of Transportation (INDOT) in the work groups listed on the attached Work Type Certification, effective 12/12/2024. This approval supersedes any previous approval for prequalification but is subject to revision or modification in accordance with the most current edition of the INDOT Consultant Prequalification Manual. Your Financial approval will expire on 06/30/2025. Your General/Technical approval will expire on 08/31/2025. Your Firm's annual contracting capacity for the Cognizant Audit Level is $147,916,032.00 for the fiscal period that ended on 12/31/2023. Your firm was approved for this financial level as notified separately by the External Audit Section. The requested and approved financial level determines the firm ’s service limitations as stated in the INDOT Consultant Prequalification Manual. Consultant firms must submit their annual financial application within 180 calendar days of the end of each fiscal year. You are required to submit a modification application in the event of any changes in firm ownership, firm address, form of business entity under which the firm operates, manpower significant enough to affect the firm's qualifications or capacity (or operations of laboratories, facilities, etc.), financial status (such as filing for bankruptcy), or any other change which affects an element INDOT considers when prequalifying a consultant. The Consultant must notify INDOT within 15 days of any change in the information provided in its Prequalification Application and to submit a modification application in a timely manner. Failure to submit a modification application within 15 days after the initial notification will result in the loss of the Consultants Prequalification Status. Please contact Mr. John Leming, Consultant Prequalification Research Analyst at 317 -234-4917 if you have any questions on this matter. cc: Prequalification File External Audit Respectfully, Matthew Sutton, P.E. Prequalification Engineer www.in.gov/dot/ y Prequalified Work Type Certification Issued By Indiana Department of Transportation Date Printed:12/12/2024 American Structurepoint, Inc. Valid Work Groups Effective:Expires on:08/31/202512/12/2024 Work Type Code Work Type Description Qualifying Person(s) 1.1 Systems Planning Rajbhara, Rahul M 2.1 Traffic Data Collection Shah, Hardik R 2.2 Traffic Forecasting Shah, Hardik R 3.1 Non-Complex Traffic Capacity and Operations Analysis Shah, Hardik R 3.2 Complex Traffic Capacity and Operations Analysis Shah, Hardik R 4.1 Traffic Safety Analysis Shah, Hardik R 5.1 Environmental Document Preparation - EA/EIS Hope, Briana M 5.2 Environmental Document Preparation - CE Hope, Briana M 5.3 Environmental Document Preparation - Section 4(f) Hope, Briana M 5.4 Ecological Surveys Hope, Briana M 5.5 Wetland Mitigation Hope, Briana M 5.6 Waterway Permits Hope, Briana M 5.8 Noise Analysis and Abatement Design Walker, Kaitlynn 5.12 Karst Studies Walker, Kaitlynn L 5.13 ESA Screening and Phase I ESA Hendershot, Kaitlynn L S H Work Type Code Work Type Description Qualifying Person(s) 5.14 Phase II ESA and Further Site Investigation/Corrective Action Hendershot, Kaitlynn L 6.1 Topographic Survey Data Collection Douglas, Jeffrey Hood, John N 8.1 Non-Complex Roadway Design Canfield, Cash E 8.2 Complex Roadway Design Canfield, Cash E Zielinski, Richard J 8.3 Roundabout Design Balog, Jeremiah S 9.1 Level 1 Bridge Design Cummins, Ryan M Gorak, Kevin M 9.2 Level 2 Bridge Design Cummins, Ryan M Gorak, Kevin M 10.1 Traffic Signal Design Shah, Hardik R 10.2 Traffic Signal System Design Shah, Hardik R 10.3 Complex Roadway Sign Design Shah, Hardik R 10.4 Lighting Design Schneider, Elizabeth M 11.1 Right of Way Plan Development Stapleton, Jessica L Wood, Sue 12.1 Project Management for Acquisition Services Tennancour, Syvia "Skip" J 12.2 Title Research Brewer, Dale J 13.1 Construction Inspection Dubyel, Joe Machala, David P 14.1 Regular Bridge Inspection Cummins, Ryan M 14.2 Complex Bridge Inspection Cummins, Ryan M 14.4 Small Structure and Miscellaneous Structure Inspections Cummins, Ryan M Day, Derrek W Work Type Code Work Type Description Qualifying Person(s) 14.5 Bridge Load Capacity Rating & Other Bridge Analysis/Testing Cummins, Ryan M 16.1 Utility Coordination Stetzel, James 17.1 Drainage Design for Driveway Permits Murphy, Nicholas 17.2 Small Structure and Pipe Hydraulic Design Stout, Todd 17.3 Storm Sewer and Detention Design Stout, Todd 17.4 Bridge Hydraulic Design Cummins, Ryan M Day, Derrek W 18.1 Pavement Analysis-Design Services Maurovich, Michael J Matthew Sutton, P.E. Prequalification Engineer cc: Prequalification File An Equal Opportunity Employer www.in.gov/dot/ An Equal Opportunity Employer 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael Smith, Commissioner External Audit http://www.in.gov/indot/2846.htm Division of Economics, External Audit, and Performance Metrics June 14, 2024 Re: Report on Review of Financial Prequalification submission For Fiscal Year Ending: December 31, 2023 Scott S. Scoville, CFO American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 Dear Mr. Scoville External Audit has reviewed the Financial Prequalification submittal by American Structurepoint, Inc for the fiscal year ending December 31, 2023.This notice is to report the results of the financial review. For further information regarding the overall Prequalification status of your firm, including technical requirements, please contact the Prequalification Section directly. We reviewed an Indirect Cost Schedule and associated required documents for Financial Prequalification submitted for the Cognizant Audit Level as application #58736. Per the Mayer Hoffman McCann P.C. report, the Indirect Cost Schedule was audited in accordance with generally accepted government auditing standards issued by the Comptroller General of the United States and 48 CFR Part 31, with an audited indirect cost rate of 187.89%, facilities capital cost of money rate of 0.85% and expressed the opinion that these rates present fairly, in all material respects, the direct labor, fringe benefits, and general overhead of American Structurepoint, Inc.for the period ending December 31, 2023. Per their report dated June 6, 2024, Ohio Department of Transportation performed a cognizant review and concurred with the audited rates of American Structurepoint, Inc.for the period ending December 31, 2023. Indiana Department of Transportation (INDOT) accepts the use of these rates for invoicing of services provided during the firm’s fiscal period covered by this report, for contracts with or administered through the agency. INDOT also accepts the use of these rates as provisional rates for estimating, negotiating and billing current contracts with or administered through the agency. This provisional rate acceptance expires June 30, 2025. Costs billed to contracts with federal participation are subject to audit for compliance with the cost principles contained in 48 CFR Part 31. With the financial prequalification accepted at the Cognizant Audit Level, this firm is not restricted to total annual billings of less than $250,000.00 for a contract or contracts with or administered through INDOT. Total wages and salaries (not including bonuses, profit share, company retirement contributions, or other unallowable forms of indirect compensation) were submitted as $37,602,089 Direct and $36,355,927 Indirect, for a total of $73,958,016. www.in.gov/dot/ An Equal Opportunity Employer 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael Smith, Commissioner The audited financial submission for this firm documents the separation of direct and unallowable indirect vehicle operating cost from allowable indirect vehicle operating costs. This firm may bill and be reimbursed for direct miles billed for contracted services in accordance with State statute and policy. Issues concerning the financial data submitted to the Agency and the allowable indirect cost rates accepted by External Audit are subject to the following procedures. All CPA workpapers used as the basis to establish an audited overhead rate must be made available to INDOT for review at a location of mutual agreement, as determined by INDOT and the consultant firm. The consultant firm named above is solely responsible for all costs billed by the firm’s Independent CPA related to the review of the auditor’s work papers by the agency. INDOT and American Council of Engineering Companies agreed to the implementation of a Dispute Resolution Procedure effective January 1, 2008. Firms wishing to dispute the indirect cost rates allowed by the agency may request a meeting with Natalya Clark, Manager of External Audit, (NClark@INDOT.IN.GOV). This letter is for internal use only and shall not be used for any other purpose. Occasionally, INDOT receives requests from other state transportation agencies to share the financial data for firms providing financial prequalification submissions to our agency, and we may respond to those requests. Firms offering “engineering and design services”, as defined under 23 USC 112(b) (2) (A), who have submitted financial data for Prequalification with INDOT will receive a notification from External Audit summarizing any such data provided and identifying the agency and contact person receiving the information. If you have any questions or concerns regarding your financial submission or the allowable indirect cost rate for your firm, you may contact External Audit directly. Sincerely, Janet Ellis Janet L. Ellis, External Auditor JanetEllis@INDOT.IN.GOV cc: Natalya Clark, Manager of External Audit, INDOT Matthew Sutton, Prequalification Engineer, INDOT John Leming, Consultant Prequalification Analyst, INDOT Page 1 of 2 LPA – Consultant Contract Review Checklist Version 8/3/18 – LPA Local Public Agency: City of Carmel Des. No.: 2401603 Project Description: Raised Crosswalks at 116th Street and Range Line Road Consultant Name: American Structurepoint, Inc. 1. Review the contract document: a. Verify that the draft contract is consistent with the latest INDOT boilerplate. b. Verify that the contract description, Des. number and scope of work is within the parameters described in the RFP advertisement and in SPMS. c. Verify that the maximum compensation amount shown on page one matches the amount shown in Appendix D. d. Verify that Section 23 of the draft contract includes proper addresses for the LPA and for the consultant. e. Verify that the signature page contains the names and titles for either the Board of County Commissioners, City Board of Public Works and Safety or the Town Board, as appropriate. 2. Verify Appendix “C” of construction inspection contracts indicates the Final Construction Records is to be submitted within 45 days of the contractors last day of work. 3. Verify the Appendix “D” compensation method is appropriate for the scope of work. a. Construction inspection services should be paid for on a negotiated hourly billing rate basis. b. Other types of services may be paid for on a lump sum basis, cost plus fixed fee basis, unit price basis or negotiated billing rate basis. c. Cost plus percent of cost compensation is not allowed on any consultant contracts. d. See the INDOT Professional Services Contract Administration Manual for more information on the compensation methods. The manual is available at: http://www.in.gov/indot/files/Professional_Services_Contract_Administration_Manual.pdf 4. Verify the consultant has provided a copy of the lead consultant’s prequalification letter showing their approved overhead rate. Page 2 of 2 5. Verify the consultant has provided a fee proposal and the fee proposal includes the following: a. Itemization of task elements with estimated hours by employee classification. b. Cost calculations show the overhead rate and profit rate has been applied. 6. Analyze the Consultant Fee Proposal. a. Confirm the task elements are relevant to the scope of work. b. Confirm the proposal does not exceed the Escalation Values for INDOT Consultant Contracts. INDOT uses the Bureau of Labor and Statistics Employment Cost Index (ECI) to determine appropriate escalation values. INDOT’s guidelines are available under the Contract Compensation Information section at: http://www.in.gov/indot/2730.htm. c. Confirm the overhead rate used in the fee proposal is consistent with or lower than the rate shown in the consultant’s prequalification letter. d. Confirm, to the extent possible, major task element and overall cost totals are not excessive. 7. If the contract is for Construction Inspection, is an Engineer’s Assignment letter attached? a. Not Applicable b. Engineer’s Assignment is attached. ERC Signature: Date: Printed Name: RESOLUTION NO. BPW 04-02-25-02 RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter into contracts; and WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe City; and WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has caused tobesigned theAgreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview. NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as follows: 1. Theforegoing Recitals areincorporated herein bythisreference. 2. Thereceipt oftheContract ishereby acknowledged. 3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic forreview. SORESOLVED this dayof , 2025. CITY OFCARMEL, INDIANA Byand through itsBoardofPublic WorksandSafety BY: Laura Campbell, Presiding Officer Date: JamesBarlow, Member Date: AlanPotasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Version 6-8-2017 1 LPA - CONSULTING CONTRACT This Contract (“this Contract”) is made and entered into effective as of March 11 , 2025 (“Effective Date”) by and between the City of Carmel, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or “LPA”), and A&F Engineering Company (“the CONSULTANT”), a corporation/limited liability company organized under the laws of the State of Indiana. Des. No.: 2401611 Project Description: Preliminary Engineering Services for City of Carmel to Construct Raised Crosswalks at Hazel Dell Parkway at Main Street RECITALS WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation (“INDOT”) for a transportation or transportation enhancement project (“the Project”), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix “A” attached hereto (“Services”); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The “Recitals” above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix “A” which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LPA are set out in Appendix "B” which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be December 31, 2027. A schedule for completion of the Services and deliverables is set forth in Appendix “C” which is herein attached to and made an integral part of this Contract. SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix “D” which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $ 152,090.00. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. Version 6-8-2017 2 SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT agrees that, upon request by any agency participating in federally-assisted programs with whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make available to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the CONSULTANT and its SUB-CONSULTANTS in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 2. Assignment; Successors. A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this Contract without the LPA’s prior written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the CONSULTANT may desire without the prior written consent of the LPA, provided that the CONSULTANT gives written notice including evidence of such assignment) to the LPA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. B. Any substitution of SUB-CONSULTANTS must first be approved and receive written authorization from the LPA. Any substitution or termination of a Disadvantaged Business Enterprise (“DBE”) SUB-CONSULTANT must first be approved and receive written authorization from the LPA and INDOT’s Economic Opportunity Division Director. 3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract. 4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULTANT when his/her signature is affixed hereto. 5. Certification for Federal-Aid Contracts Lobbying Activities. A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that: i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contracts, the making of any federal grant, the making of any federal loan, the Version 6-8-2017 3 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. The CONSULTANT also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct. 7. Compliance with Laws. A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract, shall be reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract. B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT’S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT: i. State of Indiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending and agrees that it will immediately notify the LPA of any such actions. During the term of such actions, CONSULTANT agrees that the LPA may delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. ii. Professional Licensing Standards. The CONSULTANT, its employees and SUBCONSULTANTS have complied with and shall continue to comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the CONSULTANT pursuant to this Contract. Version 6-8-2017 4 iii. Work Specific Standards. The CONSULTANT and its SUB-CONSULTANTS, if any, have obtained, will obtain and/or will maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the LPA. iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State. v. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State and will immediately notify the LPA of any such actions. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the CONSULTANT or who has managerial or supervisory responsibilities for the Services. vi. Debarment and Suspension of any SUB-CONSULTANTS. The CONSULTANT’s SUB- CONSULTANTS are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State. The CONSULTANT shall be solely responsible for any recoupment, penalties or costs that might arise from the use of a suspended or debarred SUBCONSULTANT. The CONSULTANT shall immediately notify the LPA and INDOT if any SUB- CONSULTANT becomes debarred or suspended, and shall, at the LPA’s request, take all steps required by the LPA to terminate its contractual relationship with the SUB- CONSULTANT for work to be performed under this Contract. C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT’S violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following: i. terminate this Contract; or ii. delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. D. Disputes. If a dispute exists as to the CONSULTANT’s liability or guilt in any action initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA under this Section 7.D shall be final and binding on the parties and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest under IC 5-17-5. 8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA’s reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not performed to the LPA’s reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law (collectively, “deficiencies”) until all deficiencies are remedied in a timely manner. Version 6-8-2017 5 9. Confidentiality of LPA Information. A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the LPA’s prior written consent. B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA under this Contract may require or allow access to data, materials, and information containing Social Security numbers and maintained by the LPA in its computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. 10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately after the CONSULTANT first recognizes the material change. 11. DBE Requirements. A. Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB-CONSULTANT: The CONSULTANT, sub recipient or SUB-CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate. B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be included as part of this Contract with the approved DBE SUB-CONSULTANTS identified on its Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and INDOT’s Economic Opportunity Division Director. After this Contract is completed and if a DBE SUB- CONSULTANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit (“DBE-3 Form”) to INDOT’s Version 6-8-2017 6 Economic Opportunity Division Director. The DBE-3 Form requires certification by the CONSULTANT AND DBE SUB-CONSULTANT that the committed contract amounts have been paid and received. 12. Non-Discrimination. A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60- 1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT’s Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right-of-way. D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability). E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F. The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right-of-way clearance and related projects. Version 6-8-2017 7 G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s assurances and guidelines. H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: a) withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or b) cancellation, termination or suspension of the Contract, in whole or in part. 6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Version 6-8-2017 8 The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 13. Disputes. A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 13. Time is of the essence in the resolution of disputes. B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs (including reasonable attorneys’ fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten 10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution of the dispute. 14. Drug-Free Workplace Certification. A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA. B. The CONSULTANT certifies and agrees that it will provide a drug-free workplace by: i. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; ii. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; Version 6-8-2017 9 iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such conviction; v. Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and vi. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 14.B.i. through 14.B.v. above. 15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB-CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. Version 6-8-2017 10 17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18. Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any federal requirement which results in the LPA’s repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB-CONSULTANTS. 19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The LPA shall not provide such indemnification to the CONSULTANT. 20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers’ compensation insurance for its employees. 21. Insurance - Liability for Damages. A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. Version 6-8-2017 11 D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA’s acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non-admitted insurers. E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub- consultants or any agent of any of them, and the obligations of indemnification in Section 19 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self-insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I. Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and 250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 – 10.4, 11.1, 13.1, 14.1 – 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II. Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form and include contractual liability. The policy shall be amended to include the following extensions of coverage: 1. Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. 2. The policy shall provide thirty (30) days notice of cancellation to LPA. 3. The CONSULTANT shall name the LPA as an additional insured. III. Automobile Liability The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned autos used by employees or others on behalf of the CONSULTANT for the conduct of the CONSULTANT’s business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term “automobile” shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage: Version 6-8-2017 12 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT shall name the LPA as an additional insured. IV. Watercraft Liability (When Applicable) 1. When necessary to use watercraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT, or any SUB-CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non- owned, and hired watercraft. 2. If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided: a. United States Longshoremen & Harbor workers b. Maritime Coverage - Jones Act 3. The policy shall provide thirty (30) days notice of cancellation to the LPA. 4. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. V. Aircraft Liability (When Applicable) 1. When necessary to use aircraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT or SUB- CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. 22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 23. Notice to Parties: Any notice, request, consent or communication (collectively a “Notice”) under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: Version 6-8-2017 13 Notices to the LPA shall be sent to: Brad Pease, P.E. One Civic Square Carmel, IN 46032 Notices to the CONSULTANT shall be sent to: Jeff Hill, P.E. 8365 Keystone Crossing, Suite 201 Indianapolis, IN 46240 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered “work for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix “A” on other projects without the express written consent of the CONSULTANT or as provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. 26. Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies and procedures. 27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1. Version 6-8-2017 14 28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: i. Stipulates that any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA Listing of Violating Facilities. 29. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 30. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of claims related to work under this Contract to: 31. Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from all SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB- CONSULTANT. 32. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof. 33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this Contract. 34. Termination for Convenience. A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys’ fees and expenses) it may sustain by reason thereof. Version 6-8-2017 15 35. Termination for Default. A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this Contract in whole or in part if i) the CONSULTANT fails to: 1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made. B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated. C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 13). The LPA may withhold from the agreed upon price for Services any sum the LPA determines necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non-material breaches by the LPA. Version 6-8-2017 16 36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by the party claimed to have waived such right. Neither the LPA’s review, approval or acceptance of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services furnished under this Contract. 37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence required in Appendix “A” or, if not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature. 38. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever. 39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. 40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. Remainder of Page Intentionally Left Blank] Version 6-8-2017 18 APPENDIX "A" SERVICES TO BE FURNISHED BY CONSULTANT: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The CONSULTANT shall be responsible for performing the following activities: General Description of Project Scope: The scope of the project is to improve the intersection of Main Street at Hazel Dell Parkway by adding raised crosswalk retrofits for pedestrian improvements. Included in this proposal is a description of the preliminary engineering services necessary for the complete development of the proposed improvements. Thes services include topographic survey, pedestrian improvements design, utility coordination, NEPA services (including Historics), and coordination for bidding with INDOT, and construction related services. Topographic Survey: For all work elements that are part of the project described above, the project will require both of the existing roadways to be surveyed. Topographic survey will be gathered to prepare preliminary and final design plans for the project. Additional details about this scope of work are included in the following pages from SJCA, PC. It is anticipated that topographic survey will be performed on a portion of each leg of the intersection referenced above in order to produce a topographic base map for the project and to complete the pending design of the project. This work will generally follow INDOT procedures and will include locating (horizontally and vertically) the necessary features in the field such as edges of pavement, existing drainage structures and patterns, existing utilities, etc. Upon the completion of the field work, we will establish section lines and existing right-of-way lines per GIS or deed records; complete survey field work; generate the TIN surface model and create one-foot interval contours; and add all relative survey notes to the drawings. Included will be information such as one-foot contouring, exiting street elevations, existing sanitary and storm sewer structures, and verification of existing utilities. Private utility locating and potholing of utilities are not included within the scope of this project. Pedestrian Improvement Design Services: Design and construction plans will be prepared in accordance with the City of Carmel engineering standards, guidelines, and work directives. The design plans will utilize INDOT standards, specifications and other best practices, where applicable. A&F Engineering will submit Preliminary Plans/concept sketches (30% Plans) to the City of Carmel for review, concurrence with design principles, and for any needed revisions After requested revisions have been made, a set of Preliminary Field Check (PFC) plans (45% Plans) will be prepared to better engage with utility companies located within the project limits to assess potential conflicts. The project will be designed for utility avoidance to minimize the need for relocations. The preliminary plans will investigate compliance with ADA requirements and to assess drainage impacts for improved drainage after raised crosswalks are installed. Stage 3/Final plans (90% Plans) with detailed design information will be prepared to gain final approvals from the City or other reviewing resource agencies. Final Tracings will be prepared and submitted to INDOT via ERMS for final acceptance and bidding. The design team will make submittals at 30%/45%/90% plans, as described above, with 100% final tracings and bid document being prepared for bidding via ERMS. Quantities will be pulled so an opinion of probable cost can be completed with each submittal for project budgeting purposes. Geotechnical design and analysis, pavement design, and right-of-way engineering or acquisition services are not included in this scope effort. Further, it is not anticipated that waterway permits or CSGP permits will be Version 6-8-2017 19 needed. It is anticipated that the design team will utilize typical pavement sections identified in Carmel standard drawings. If additional analysis is needed, this work could be supplemented. It is assumed the project will fit within existing rights-of-way, and if additional land is needed, the team will rely on the City’s on-call land acquisition team. Due to the streamlined nature of the environmental services and the simplified scope of work for the project, no public hearing or public information meeting is anticipated on this project, but it could be added for an additional fee. Environmental/NEPA: Because federal funds are being used on this project, an environmental document will be completed to assess cultural, historic, and environmental impacts of the project. Because of the limited amount of excavation anticipated, a streamlined Programmatic Categorical Exclusion (PCE) is anticipated for this project. Additional details about this scope of work are included in the following pages from SJCA, PC. It is anticipated that early environmental coordination with red flag investigation will be complete so a completed and approved PCE document can be gained from INDOT. Commitments to the PCE will be documented in the database. Section 106 consultation to gain concurrence under the Minor Projects Programmatic Agreement (MPPA) will be completed. Utility Coordination: Our team will complete utility coordination to identify providers who may need to relocate before or during construction work. The steps to coordinate these efforts including: initial notice, utility verification, conflict analysis, and relocation work plans will be developed in conjunction with the Engineering Department. Coordination with representatives from each of the utility companies having facilities within the project limits will be included in this task. A&F Engineering will communicate any relocation of facilities that may be needed and then review these relocation plans that the utility companies prepare. Our team will review any reimbursable claims by the utility companies and coordinate as necessary. This work will be in general accordance with INDOT policy and procedures currently in effect. However, the scope only addresses utility coordination through the design process; utility coordination services during the construction phase of the project may be provided as a needed service outside of this agreement or could be completed by others. Construction Phase Services/Procurement: A & F Engineering will prepare bid documents to be used by INDOT for procuring a contractor. The team will answer contractor questions, attend a pre-bid meeting (if held), prepare CIB and plan revisions to be sent via addendum, will attend the preconstruction meeting, and respond to requests for information RFIs). The consultant will also coordinate when appropriate with the City’s selected construction inspector. Version 6-8-2017 20 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA: The LPA shall furnish the CONSULTANT with the following: 1. Criteria for design and details for signs, signals, lighting, highway and structures such as grades, curves, sight distances, clearances, design loading, etc. 2. Standard Specifications and standard drawings applicable to the project 3. All written views pertinent to the location and environmental studies that are received by INDOT 4. Traffic assignments, Traffic Signal Warrants (New Signal), Traffic Lighting Warrants (New Lighting) 5. Available data from the transportation planning process 6. Utility plans available to INDOT or the City covering utility facilities govern the location of signals and underground conduits throughout the affected areas 7. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work under this Contract 8. Aerial Survey information 9. Existing water quality data 10. Laboratory tests for pavement investigation 11. Pavement design analysis Version 6-8-2017 21 APPENDIX "C" SCHEDULE: No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the LPA. All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for review and approval within the approximate time periods shown in the following submission schedule: Field survey will be completed within 30 calendar days after receipt of notice to proceed with the field survey. Preliminary plans (30% design) will be completed within 60 calendar days of the completion of the field survey. The Preliminary Field Check plans and meeting will be completed within 30 calendar days of the receipt of approval/comments on the Preliminary plans. The Final Plans will be completed within 60 calendar days after holding the PFC meeting. The NEPA document will be completed within 150 calendar days of the notice to proceed. The final bidding documents will be supplied to INDOT for contract preparation in accordance with the INDOT letting prep schedule, based on completion of other items noted in this agreement. Version 6-8-2017 22 APPENDIX "D" See Attachment “D” to the INDOT-LPA Project Coordination Contract and need to include any Travel reimbursement provisions). Compensation: Amount of payment The Consultant shall receive as payment for the work performed under this agreement, the total not to exceed fee of $152,090.00 unless a modification of the Agreement is approved in writing by the Local Public Agency. The Consultant will be paid for the work performed under this Agreement in accordance with the following schedule: A. Project Management (Lump Sum) $ 8,690.00 B. Topographic Survey (Lump Sum) $16,400.00 C. NEPA Services, inc. Historics (Lump Sum) $21,200.00 D. Road & Drainage Design/Plans (Lump Sum) $79,200.00 E. Utility Coordination (Lump Sum) $16,720.00 F. Construction Phase Services (Lump Sum) $ 9,880.00 2/28/25 Bradley Pease CzTfshfzHsfdivlijobu9;69bn-Nbs38-3136 CSU, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O. #116616 Contract NotToExceed $109,218.92 6. DISCLOSURE AND WARNINGS: Ifrequested byCity, Vendor shallpromptly furnish toCity, insuch formand detail as Citymay direct, alistof allchemicals, materials, substances anditems used inorduring theprovision ofthe Goods and Services provided hereunder, including thequantity, quality and concentration thereof andanyother information relating thereto. Atthetime ofthe delivery oftheGoods andServices provided hereunder, Vendor agrees tofurnish to Citysufficient written warning andnotice (including appropriate labels oncontainers and packing) ofany hazardous material utilized inorthat isapartoftheGoods andServices. 7. LIENS: Vendor shall notcause orpermit thefilingofanylien onany ofCity’sproperty. Intheevent anysuch lien is filedand Vendor fails toremove such lien within ten (10) daysafter thefiling thereof, bypayment orbonding, Cityshallhavethe right topaysuch lien orobtain suchbond, allatVendor’ssolecostandexpense. 8. DEFAULT: Inthe event Vendor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Vendor’swarranties; (b) fails toprovide theGoods andServices asspecified herein; (c) fails tomake progress so astoendanger timely and proper provision oftheGoods andServices anddoes not correct such failure orbreach within five (5) business days (orsuch shorter period oftimeas iscommercially reasonable under the circumstances) afterreceipt ofnotice from Cityspecifying such failure orbreach; or (d) becomes insolvent, isplaced into receivership, makes ageneral assignment forthe benefit ofcreditors or dissolves, each such event constituting an event ofdefault hereunder, City shallhave theright to (1) terminate alloranyparts ofthisAgreement, without liability toVendor; and (2) exercise all other rights and remedies available toCity atlawand/orinequity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain infullforce and effect during theterm ofthisAgreement, withaninsurer licensed todo business intheState ofIndiana, such insurance asisnecessary for theprotection ofCity and Vendor from allclaims fordamages under anyworkers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, butnotlimited to, personal injury, sickness, disease or death ofortoany ofVendor’sagents, officers, employees, contractors andsubcontractors; and, for any injury toordestruction ofproperty, including, butnotlimited to, any lossofuseresulting therefrom. The coverage amounts shall benoless than those amounts setforth inattached Exhibit C. Vendor shall cause its insurers toname Cityasanadditional insured onallsuch insurance policies, shall promptly provide City, upon request, with copies ofallsuch policies, andshallprovide that such insurance policies shall notbecanceled without thirty (30) dayspriornotice toCity. Vendor shallindemnify andhold harmless Cityfromand against anyandall liabilities, claims, demands orexpenses (including, butnotlimited to, reasonable attorney fees) for injury, death and/or damages toanyperson orproperty arising from orin connection withVendor’sprovision ofGoods andServices pursuant toorunder this Agreement orVendor’suseofCity property. Vendor further agrees toindemnify, defend and hold harmless City and itsofficers, officials, agents and employees fromallclaims andsuits ofwhatever type, including, butnotlimited to, allcourtcosts, attorney fees, and other expenses, caused byany act oromission ofVendor and/orof anyofVendor’sagents, officers, employees, contractors orsubcontractors intheperformance ofthisAgreement. These indemnification obligations shall survive thetermination ofthisAgreement. 2 CSU, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O. #116616 Contract NotToExceed $109,218.92 10. GOVERNMENT COMPLIANCE: Vendor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes which maybeapplicable toVendor’sperformance ofitsobligations under this Agreement, andallrelevant provisions thereof areincorporated herein by this reference. Vendor agrees to indemnify andholdharmless Cityfrom any loss, damage and/orliability resulting fromany suchviolation ofsuch laws, orders, rules, regulations andcodes. This indemnification obligation shall survive the termination ofthis Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that itand allof itsofficers, employees, agents, contractors and subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status. 12. E-VERIFY: Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated herein bythis reference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verify thework eligibility status ofitsnewly-hired employees using the E-Verify program, andtoexecute theAffidavit attached herein asExhibit D, affirming that itisenrolled andparticipating intheE-Verify program anddoes not knowingly employ unauthorized aliens. Insupport oftheAffidavit, Vendor shall provide theCity withdocumentation indicating that ithas enrolled andisparticipating intheE-Verify program. Should Vendor subcontract fortheperformance ofany work under andpursuant tothis Agreement, itshallfullycomply with theIndiana E- Verify Lawasregards each suchsubcontractor. Should theVendor oranysubcontractor violate theIndiana E-Verify law, theCitymay require acure ofsuchviolation and thereafter, ifnotimely cure isperformed, terminate thisAgreement inaccordance witheither the provisions hereof orthose setforth intheIndiana E- Verify Law. The requirements ofthis paragraph shall notapplyshould the E-Verify program cease toexist. 13. NOIMPLIED WAIVER: The failure ofeither party torequire performance bytheother ofany provision ofthisAgreement shallnotaffect theright ofsuch party torequire such performance atanytimethereafter, norshallthe waiver byany partyof abreach ofanyprovision ofthisAgreement constitute awaiver ofanysucceeding breach ofthesame orany other provision hereof. 14. NON-ASSIGNMENT: Vendor shallnot assign orpledge this Agreement, whether ascollateral foraloanorotherwise, and shall not delegate itsobligations under this Agreement without City’spriorwritten consent. 15. RELATIONSHIP OFPARTIES: The relationship ofthe parties hereto shall beasprovided forinthisAgreement, andneither Vendor norany ofitsofficers, employees, contractors, subcontractors andagents areemployees of City. The contract price setforthherein shall bethefulland maximum compensation andmonies required ofCity tobepaid toVendor under orpursuant tothisAgreement. 16. GOVERNING LAW; LAWSUITS: This Agreement istobeconstrued inaccordance with and governed bythelaws oftheStateofIndiana, except foritsconflict oflaws provisions. The parties agree that, intheevent alawsuit isfiled hereunder, theywaive theirright toajurytrial, agree tofile anysuch lawsuit inanappropriate courtinHamilton County, Indiana only, 3 CSU, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O. #116616 Contract NotToExceed $109,218.92 and agree that suchcourt istheappropriate venue forand hasjurisdiction oversame. 17. SEVERABILITY: Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect. 18. NOTICE: Anynotice provided forinthis Agreement willbe sufficient ifitisinwriting andisdelivered bypostage prepaid U.S. certified mail, return receipt requested, totheparty tobe notified attheaddress specified herein: IftoCity: CityofCarmel AND CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 IftoVendor: CSU, Inc. 3919 Clarks Creek Road Plainfield, Indiana 46168 Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven orally, aslong aswritten notice isthen provided assetforth hereinabove within five (5) business days from the date ofsuch oralnotice. 19. TERMINATION: 19.1 Notwithstanding anything tothecontrary contained inthisAgreement, City may, upon notice toVendor, immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or ifsufficient funds arenotappropriated orencumbered topayforthe Goods andServices tobeprovided hereunder. In theevent ofsuch termination, Vendor shall be entitled toreceive onlypayment forthe undisputed invoice amount representing conforming Goods andServices delivered asofthedate of termination, except that such payment amount shallnotexceed the Estimate amount ineffect atthe time oftermination, unless theparties have previously agreed inwriting toagreater amount. 19.2 Citymayterminate thisAgreement atanytime upon thirty (30) days prior notice toVendor. Inthe event ofsuch termination, Vendor shall be entitled toreceive onlypayment for the undisputed invoice amount ofconforming Goods andServices delivered asofthedate oftermination, except that such payment amount shall notexceed theEstimate amount ineffect atthetime oftermination, unless the parties havepreviously agreed inwriting toagreater amount. 19.3 TheCitymayterminate this Agreement pursuant toParagraph 11hereof, asappropriate. 20. REPRESENTATIONS AND WARRANTIES Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons executing this Agreement havethe authority tobind theparty which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that Citymay, from time totime, request Vendor toprovide additional goods andservices toCity. When Citydesires additional goods and services from Vendor, theCity shall notify Vendor 4 CSU, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O. #116616 Contract NotToExceed $109,218.92 ofsuch additional goods andservices desired, aswellasthetime frame inwhich same are tobeprovided. Only afterCity has approved Vendor’stime and cost estimate forthe provision ofsuchadditional goods and services, hasencumbered sufficient monies topay forsame, and hasauthorized Vendor, inwriting, toprovide suchadditional goods and services, shall such goods and services beprovided byVendor toCity. Acopy of theCity’sauthorization documents forthe purchase ofadditional goods andservices shall benumbered and attached hereto intheorder inwhichthey areapproved byCity. 22. TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inParagraph 19 hereinabove, this Agreement shall beineffect from the Effective Date through thesatisfactory completion of services and/ordelivery andacceptance ofgoods contracted forherein. 23. HEADINGS Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations set forth inAgreement. 25. NOTHIRD PARTY BENEFICIARIES This Agreement gives norights orbenefits toanyone other than CityandVendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies byentering intothis Agreement thatneither itnoritsprincipals norany ofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Vendor. 26.2 TheVendor certifies thatithas verified thestate andfederal suspension anddebarment status forall subcontractors receiving funds under this Agreement and shall besolely responsible forany recoupment, penalties orcosts thatmight arisefrom useofasuspended ordebarred subcontractor. The Vendor shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 27. IRAN CERTIFICATION Pursuant toI.C. § 5-22-16.5, the Vendor shallcertify that, insigning thisAgreement, itdoes not engage in investment activities within the Country ofIran. 28. ADVICE OFCOUNSEL: Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame 5 Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Person Providing Date Goods/Services Goods/ Service Provided Signature Printed Name EXHIBIT B Invoice Goods/Services Provided Describe each good/service separately and in detail) GRAND TOTAL Date: Goods Cost Per Item Services Hourly Total Rate/ Hours Worked EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $500,000 each employee Bodily Injury by Accident/Disease: $500,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability (Occurrence Basis), Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products – Completed Operations: General Aggregate Limit (other than Products/Completed Operations): $2,000,000 Products/Completed Operations: $1,000,000 Personal & Advertising Injury Limit: $500,000 Each Occurrence Limit: $1,000,000 Damage to Premises: $100,000 each occurrence Fire Damage (any one fire): $250,000 each occurrence Medical Expense Limit (any one person): $10,000 Auto Liability (owned, hired, and non-owned) Bodily Single Limit: $1,000,000 each accident Injury and Property Damage: $1,000,000 each accident Policy Limit: $1,000,000 Umbrella/Excess Liability Each Occurrence: $1,000,000 Aggregate: $1,000,000 Maximum Deductible: $10,000 3/26/2025 CSU INC PLAINFIELD, IN 46168 - 116616 3919 CLARKS CREEK ROAD 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 Goods and Services Agreement - 24-ICS-01a City Engineering's Office 1 Civic Square Carmel, IN 46032- 368347 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Laurie Slick 99406 2200Department:0Fund:2024 Bond 44-628.71Account: 24-ICS-01a - Inlow Park to River Rd and Cherry Creek Blvd. Conduit Installation - Constructiion 1 $109,218.92 $109,218.92Each 109,218.92SubTotal 109,218.92 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 116616 ORDERED BY TITLE City Engineering's Office 1 Civic Square Laurie Slick Carmel, IN 46032- Jeremy Kashman Zac Jackson Chief Infrastructure Officer CFO CzTfshfzHsfdivlijobu3;18qn-Nbs36-3136 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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: Morphey Construction, Inc. 1499NSherman Driver Indianapolis, Indiana 46201-1515 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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 Morphey Construction, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712022BondFund; P.O. #116611 Contract NotToExceed $1,875,000.00 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. CzBmmjtpoMzodi.NdHsbuibu2;51qn-Nbs35-3136 2/27/2025 PYROTECNICO FIREWORKS INC NEW CASTLE, PA 16101 - 116529 299 WILSON ROAD 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 FIREWORKS DISPLAY COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376386 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 98677 1203Department:101Fund:General Fund 43-590.03Account: FIREWORKSDISPLAY1 $79,500.00 $79,500.00Each 79,500.00SubTotal 79,500.00 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. 116529 ORDERED BY TITLE COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Kelly Douglas Zac Jackson Director CFO 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 Elementary School Parking Lot 03/05/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/20/25 yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: none 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 Cones* Standard Cones * Event Use/Purpose:* Description of Event:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Standard Cones needed 100 5. EVENT DETAILS Bike Carmel Family Fun Rides Provide a brief description of event Families will meet in the parking lot of Carmel Elementary School. The parking lot will be transformed into a fun bike "rodeo" for kids to navigate. Vendors will provide free caricature drawings, CFD and CPD are invited to join to educate kids. After the rodeo, Coach Matt from Rollfast will lead a casual family ride through the neighborhood behind the school. After the family ride, an optional ride to the Farmers Market or CFD headquarters will be lead by Coach Matt. 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 Number of People Expected:* Fees? ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/10/2025 8/9/2025 ● May 10, 2025 ●June 7, 2025 ● July 12, 2025 ● August 9, 2025 7:00:00 AM 12:00:00 PM 9:00:00 AM 12:00:00 PM NA 100 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 Bike Carmel Tent Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup 3172818479 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 5 6. CONTACT INFORMATION: Matt Tanner mtanner242@gmail.com 3172818479 3172818479 Rollfast City Carmel State / Province / Region IN Postal / Zip Code 46280 Country United States Street Address 10630 Westfield Blvd 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. Matt Tanner Name of Organization/Applicant Signature of Authorized Agent/Applicant Matt Tanner Printed Name and Title (If applicable) 3172818479 Phone Number (Required) 10630 Westfield Blvd Carmel, IN 46280 Address of Organization/Applicant 3/5/2025 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 03/11/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/21/2025 yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Spring Woodwind Recital Provide a brief description of event This is our spring studio recital. Woodwind students will perform for friends and family in an outdoor setting. Electricity in the gazebo is requested for the digital piano, which we will bring with us. Bathrooms under the fountain should be open this time of year, so no other services are required. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/16/2025 5/16/2025 4:00:00 PM 8:00:00 PM 6:00:00 PM 7:00:00 PM NA 70 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* 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: Katherine Peters City Westfield State / Province / Region IN Postal / Zip Code 46062 Country USA Street Address Address Line 2 Individual Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Is the requestor a citizen of the City of Carmel? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Katherine Peters Name of Organization/Applicant Signature of Authorized Agent/Applicant Katherine Peters Printed Name and Title (If applicable) Phone Number (Required) Westfield IN 46062 Address of Organization/Applicant 3/11/2025 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 03/05/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/20/25 yes, 03/25/25 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 Date End* Tear Down End time:* Event End time:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Pop Up Fitness Class taught by Pure Bare Carmel Provide a brief description of event We will host a series of pop up events in Midtown this summer. We will lead a Pure Barre fitness class in the green space. They will be free and open to the public. The teacher will lead the class over the microphone and music will be played during class. We have a microphone and speaker we will bring to setup. Participants will bring a mat to workout on. Some of the classes will be held in conjunction with Fire & Flow Yoga Studio. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/17/2025 5/17 - Joint class Pure Barre and Fire & Flow 6/21 - Fire & Flow Pop Up 7/19 - Pure Barre Pop Up 8/16 - Fire & Flow Pop Up 9/27 - Pure Barre Pop Up 11:00:00 AM Event: * Event Date Start * 5/17/2025 If multiple dates, please list Set-Up time: * 7:00:00 AM Event Start time:* 8:30:00 AM Rehearsal Number of People Expected: * 10:00:00 AM NA 50 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: Libby Twer Pure Barre 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 Street Address Address Line 2 For-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 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. Pure Barre Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Libby Twer, Director of Operations, Pure Barre Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 3/5/2025 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 Private Residence Cul-De-Sac 96 Red Oak Lane Carmel 03/18/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/21/25 yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: 96 Red Oak Lane Carmel Cool Creek North Neighborhood There are currently 2 homes on the Cul-De-Sac that have driveways. We would get their permission. Include addresses as appropriate An easy to read, color map of the area is required with submission. AERIAL VIEW OF CUL DE SAC AND 96 RED OAK LANE.jpg 239.55KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: We live at 96 Red Oak Lane (Corner Lot) & would like to see if we can have Red Oak Court Cul-De-Sac closed or at least closed down to one lane. There are currently 2 homes on the Cul-De-Sac that have driveways. We would get their permission. I don't know if you will require barricades or tall cones. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other We will be putting a portable bathroom in cul de sac 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Barricades * 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 2-3 Please note the number of Tall Skinny Cones needed 5 Please note the number of NO PARKING SIGNS needed 8-10 5. EVENT DETAILS High School Grad Party 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? Provide a brief description of event Carmel originally approved May 17th, but we've had to move party to Sunday, May 18th. We are having a high school graduation party and want to assure our guests and neighbors are aware of the party and are comfortable with the set up. The event is taking place during the day from 11:30-3:30. (It might end at 3:00 but I wanted to say 3:30 to be safe. We are requesting No Parking Signs, so guests only park on 1 side of Red Oak Lane. We are a very friendly neighborhood and are use to the occasional graduation party. We don't have a full head count as it's a grad party & people come & go. We are estimating about 120-150 people give or take. They all won't be here at the same time. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/18/2025 5/18/2025 11:00:00 AM 3:45:00 PM 11:30:00 AM 3:30:00 PM NA Rehearsal Start Time:Rehearsal End Time: 120 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Vendors Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup 3177973423 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: Jamie Woodruff Private Event Grad Party City Carmel State / Province / Region IN Postal / Zip Code 46033 Country United States Street Address Address Line 2 Individual Is the requestor a citizen of the City of Carmel? Yes No A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Jamie Woodruff Name of Organization/Applicant Signature of Authorized Agent/Applicant Jamie Woodruff Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 3/18/2025 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 03/05/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 CCRP Form Completed 03/24/25 yes,03/21/2025 yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: None Include addresses as appropriate An easy to read, color map of the area is required with submission. 2022_Bike_Carmel_Dinner_Ride_Route.pdf 898.1KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Police will be requested as available to help with traffic crossing Gray Rd in two locations. 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Bike Carmel Slow Roll Dinner Cruise Provide a brief description of event Coach Matt Tanner will lead adults on a 10 mile ride around the city primarily utilizing bike friendly neighborhood roads. The ride is created to get adults comfortable riding and encourage them to ride to dinner in the Midtown area. The pace will be kept slow (approx 10mph) so that all may enjoy the ride. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/10/2025 8/26/2025 June 10, 2025 June 24, 2025 July 15, 2025 July 29, 2025 August 12, 2025 August 26, 2025 5:00:00 PM 7:00:00 PM 6:00:00 PM 7:00:00 PM NA 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. 10x10 Bike Carmel Tent Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup 3172818479 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: Matt Tanner Rollfast City Carmel State / Province / Region IN Postal / Zip Code 46280 Country United States 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. 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. Matt Tanner Name of Organization/Applicant Signature of Authorized Agent/Applicant Matt Tanner Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46280 Address of Organization/Applicant 3/5/2025 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:__________________________________________________________________ 2022 Bike Carmel Dinner Ride Route 2022 Bike Carmel Dinner Ride Route 0.0 0.1 0.3 0.4 0.6 1.1 1.1 2.0 2.3 2.4 3.2 3.4 4.2 4.3 4.8 4.9 4.9 miles. +85/-122 feet 5.4 5.5 5.6 5.9 6.5 6.6 6.8 7.0 7.1 7.2 7.3 7.5 7.6 7.6 7.8 8.4 3.4 miles. +79/-68 feet 8.5 8.7 8.7 8.7 8.7 9.4 9.5 9.5 9.6 1.2 miles. +27/-10 feet Matt Tanner <mtanner242@gmail.com> Community Events Application Amanda Brown <noreply+6d1428c5a59fc7cf@formstack.com>Mon, Mar 24, 2025 at 10:15 AM Reply-To: roa@carmelclayparks.com To: mtanner242@gmail.com Formstack Submission For: Community Events Application Submitted at 03/24/25 10:15 AM Event Name:Bike Carmel Slow Roll Dinner Cruise Event Date:Jun 10, 2025 Event Purpose & Description: Community bike ride for adults to increase bike ridership and boost the local economy in Midtown. Event Website URL:www.bikecarmel.com Have you held this event previously and utilized space through Carmel Clay Parks & Recreation?: Yes Event Start Time:06:00 PM Event End Time:07:00 PM Set Up Will Begin At:05:00 PM Clean Up Will Be Completed By:06:00 PM Location Requesting (please note: we cannot accept events that go over parking lot capacities): Hagen Burke Trail Additional Needs at Location:: 3/24/25, 10:16 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827485225342944370&simpl=msg-f:1827485225342944370 1/4 What shelters, if any, do you plan on using?:none What are your estimated attendance numbers (please note: we cannot accept events that go over parking lot capacities)?: 40 Estimated Number of Cars:0 Is there an admission fee?:No Money will be taken by which of the below options?: Registration Fee:: Do you plan on bringing in food?:No What kind of food will you be bringing in (catered, homemade, pre-packaged snacks, etc.)?: Additional Yes/No Questions: Upload an Event Schedule if available (max 5MB): Upload map illustrating event routes and/or areas of park being used if available (max 5MB): View File Upload Marketing/Promotional Materials for Approval: How did you hear about our parks/facilities?:Used Prior or Returning Event Safety plan based on FEMA National Incident Management System standards. We agree to:: Event Manager will watch for inclement weather using internet and/or other sources of climate conditions Agree to cancelling the event due to lightining or emergency weather situations In case of severe weather, Event Manager will make announcements for participants and volunteers to evacuate the area Event Director's Name::Matt Tanner 3/24/25, 10:16 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827485225342944370&simpl=msg-f:1827485225342944370 2/4 Phone:13172818479 Event Manager's Name::Kevin Whited Phone: Safety Plan Terms & Conditions:I have read and agree to the above Safety Plan. Accessibility Plan Terms & Conditions: Although the organization doesn’t conduct formal assessments, staff are aware of the need to accommodate reasonable requests in regards to the above areas. Additionally, the status of the Accessibility Plan will be reviewed annually. I agree that our organization's staff is responsible for prioritizing and reviewing of the Accessibility Plan as well as all the requests for reasonable accommodations. All requests will be identified, reviewed, decided upon and documented. Name of Applicant:Matt Tanner Applicant Email:mtanner242@gmail.com Organization Name:Rollfast Organization Address:10630 Westfield Blvd Carmel, IN 46280 Organization Phone:13172818479 Organization Website:https://www.rollfast.us Event Chairperson/Onsite Contact (if different from applicant): Onsite Contact Phone:(317) 281-8479 Onsite Contact Email:mtanner242@gmail.com If a company other than yours is overseeing/running the event, please list that company's name.: Printed Name of Authorized Representative:matt tanner Agree to Terms & Conditions Regarding Additional Fees: I have read and understand that I will be held accountable for added fees associated with this community event. Failure to pay or comply with park rules may result in additional fines and denial of future requests. 3/24/25, 10:16 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827485225342944370&simpl=msg-f:1827485225342944370 3/4 Terms & Conditions: It is understood that no person, group or organization has any vested right to the exclusive use of park property. The use of any/all park property is subject to availability and approval by Carmel Clay Parks & Recreation (CCPR), subject to the policies, rules and guidelines of the Carmel/Clay Board of Parks & Recreation (the “Rules”). All requests and paperwork related to it must be received by CCPR before the requested usage date. It is understood that CCPR-sponsored activities have priority over all other activities in using park facilities and this permit is subject to cancellation in the event of an emergency. If a facility rental permit is granted, the users agree to be responsible for any accidents or injuries sustained by any person attending or participating in the program or activity at the park, and to be responsible for replacement in case any damage or loss is incurred. A certificate of insurance naming the Carmel/Clay Board of Parks & Recreation, Carmel/Clay Department of Parks & Recreation, City of Carmel, and Clay Township as additional insures may be required. All users agree to adhere to the Rules, applicable federal, state and local laws, and any specific guidelines outlined in the facility reservation permit. A minimum of one adult chaperone (age 18 and above) is required for every ten youth (age 17 and under) in attendance at the activity. The undersigned hereby acknowledge receipt of the Rules. Failure to comply with all of the Carmel Clay Parks & Recreation Parks rental rules & regulations may result in event being cancelled without notification. Agree to Terms & Conditions: I have read the terms of this agreement and, as the authorized representative of the group making this request, I do agree to abide by these rules and terms. Signature:View Signature Copyright © 2025 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 3/24/25, 10:16 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827485225342944370&simpl=msg-f:1827485225342944370 4/4 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 Clay Terrace Blvd Southbound Lane 03/12/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/20/2025 CFD: Recommended EMS. Requester is on board and will arrange after approval. ENG: Festival needs to assume liability taking public traffic through private property as a reroute yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Clay Terrace Blvd, Southbound Driving lane from Sweetgreen to Orvis. Include addresses as appropriate An easy to read, color map of the area is required with submission. Street Closure Map.png 498.29KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Clay Terrace Blvd Southbound lane to be blocked off for summer event. We plan to use our own barricades to close the southbound lane at the roundabout in front of Sweetgreen and then barricaded at the roundabout in front of Orvis as well. Southbound traffic can still flow through the center, they will be detoured west, around the back of the buildings and continue south onto Rangeline Rd/Clay Terrace Blvd (map included). 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Event Use/Purpose:* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS Summer Music Festival Provide a brief description of event Free community event with 2 band performances, beer/wine bar, booth vendors and food trucks setup along Clay Terrace Blvd, inflatables, face painters & other summer entertainment. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 6/21/2025 6/21/2025 11:00:00 AM 11:00:00 PM 5:00:00 PM 9:00:00 PM NA 8,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage xThe summer concert at Clay Terrace will need EMS support due to the expected number of participants/ visitors (8,000 listed). o CFD will require 2 EMS personnel and an ambulance on site from 4:30p-9:30p Cost for EMS personnel is $60.00 p/hr.• So total cost for CFD EMS would be $600.00 Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 15 6. CONTACT INFORMATION: Christine Foulke Clay Terrace City Carmel State / Province / Region in Postal / Zip Code 46032 Country USA Street Address Address Line 2 For-Profit Organization Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Clay Terrace, Christine Foulke (Marketing Director) Name of Organization/Applicant Signature of Authorized Agent/Applicant Christine Foulke, Marketing Director Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 3/12/2025 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 Main Street, Rangeline Road, Monon Blvd (South only) 03/12/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 yes, 03/21/25 No, 03/25/2025 Monon and Main: Yes 03/20/25 Engineering: Northbound can not be closed 03/25/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: 2. STREET(S) REQUESTED: The following are the street closures for Artomobilia. They are largely the same as previous years. Primary Streets: * Main Street - West End (3rd Avenue SW/NW) to East End (1st Ave SE/SW) * Rangeline Road - North End (Smoky Row/136th Street) to South End (Walnut Street) * Monon Blvd - Main Street to Walnut Street Secondary Streets * 2nd Ave NW - Main Street to 1st Street NW * Veterans Way - Main Street to North entrance of Old Town on the Monon parking * 1st Ave NW - Main Street to the South entrance of the small parking lot adjacent to Children's Art Gallery * 1st. Street SW - Rangeline Road to East side of Lauck Parking lot * Indiana Design Center Porte-cochères - Rangeline to IDC underground parking entrance * Indiana Design Center South Parking Lot (small West lot remains open) Include addresses as appropriate An easy to read, color map of the area is required with submission. 2025 Arto - Event Footprint - 03.01.2025.pdf 1.98MB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Further Info for type of closure Requests: City Services Needed Cones* Barricades * Crowd-Control Gates* No less than 16' between cars in an intersection to accommodate fire/rescue vehicles Soft closure on Rangeline Road (north of Main St) at 1st Street, 3rd Street and 5th Street Car groups on alternating sides (East & West) by block north of 1st Street on Rangeline Road Conversations/Notices with businesses (and any residences) on north Rangeline as to the street closing Arts & Design District boundaries: Main St & 3rd Ave ("West Boundary") Main St & 1st Ave ("East Boundry") Rangeline Road & 136th Street ("North Boundry") Rangeline Road & Elm Street ("South Boundry") Midtown boundaries: Only use of Southbound Monon Blvd to Elm Street No use of Northbound Monon Blvd Partial closure of the 1st St / Monon Blvd intersection to permit northbound traffic to depart to the East on 1st St Soft closure of 2nd St/Monon Blvd intersection Unchanged Monon Blvd/Elm Street intersection Only position cars on the intersection corners that won't impact ADA access No use of northbound Monon Blvd sidewalk Staging for Midtown along Northbound side of Veteran's Way between 9am-10am 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Standard City Services per Artomobilia requirements 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 Crowd-Control Gates needed 25 Standard Cones * No Parking Signs* Event Use/Purpose:* Description of Event:* Event Date Start *Event Date End* If multiple dates, please list Please note the number of Standard Cones needed 375 Please note the number of NO PARKING SIGNS needed 375 5. EVENT DETAILS Artomobilia collector and enthusiast cars event... 500 vehicles, 25,000 guests... presented on the streets of the Carmel Arts & Design district (Main, Rangeline & Monon Blvd) Provide a brief description of event Artomobilia is an annual event held in the Carmel Arts & Design District that celebrates automotive art and culture. The event features nearly 500 enthusiast and collector cars, including supercars, exotics, sports cars, classics, and more. It showcases specific marques like Aston Martin and includes special sections such as Porsche-Palooza, Lotus-Palooza, BMW-Palooza, and a Mercedes-Benz showcase. Attendees can enjoy judged car classes, enthusiast corrals, and engage with various sponsors and partners. The event emphasizes the connection between cars and art, offering a unique experience for car enthusiasts. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/6/2025 9/6/2025 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? Vendors 6:00:00 AM 6:00:00 AM 11:00:00 AM 5:00:00 AM NA Rehearsal Start Time:Rehearsal End Time: 25,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage 16 x 24 in Design Center Parking Lot 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 and 10x20 Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other A-Classic 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 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. Approximately how many vendors will be present? 15-20 6. CONTACT INFORMATION: John Leonard Artomobilia City Carmel State / Province / Region Indiana Postal / Zip Code 46033 Country USA Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 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. Artomobilia Name of Organization/Applicant Signature of Authorized Agent/Applicant John Leonard, Event Director Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 3/12/2025 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:__________________________________________________________________ INDIANA DESIGN CENTER PARKING LOT Main StreetMain Street 1st Street NE1st Street NW 1st Street SE1st Street SW 2nd Street SE 3rd Street SE Elm Street Ra n g e l i n e R o a d Ra n g e l i n e R o a d Ra n g e l i n e R o a d Elm Street 6th Street SE E City Centry Drive / 126th Street 3rd Street SW W City Center Drive 2nd Street NE2nd Street NW 3rd Street NE3rd Street NW 5th Street NE E 136th Street 5th Street NW 6th Street NW W Smoky Row Road 4th Street NW STAGE TRAILER PARKING WAITING AREA MARSHAL I N G YARD MATERIAL S TENT MARSHALING YARD ENTRY ROUTE ACCESS MAIN STREET FROM NORTH MERIDIAN ST / 31 MARSHALING YARD EXIT ROUTE ASCENSION ST VINCENT CARMEL 13500 N Meridian St, Carmel, IN 46032 YELLOW, PINK & RED ZONE LOAD-IN (MAIN STREET) GRE E N & BLU E ZON E L O A D - I N ( R A N G E L I N E ) FOLL O W S M O K E Y R O W ( E A S T ) TO R A N G L I N E FOLLOW GUILFORD ROAD (SOUTH) TO MA I N S T R E E T ( E A S T ) 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 03/05/2025 yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 CCPR Request Completed 03/24/25 yes, 03/21/2025 yes, 03/25/25 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm Street between Veterans Way and Monon Blvd will be temporarily closed for the riders to assemble and depart Include addresses as appropriate An easy to read, color map of the area is required with submission. Roundabout_Ride_25_Mile.pdf 885.38KB Roundabout_Ride_50_Mile.pdf 798.58KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Estimated time of closure is 6am to 8am 3. SPECIAL REQUESTS: Electricity Fountain Restroom - Fountain/Gazebo Reflecting Pool Restrooms N/A Other West half of the lawn at Midtown for enclosed festival area. 4. CITY SERVICES NEEDED: Mark all that apply City Services Needed Cones* Crowd-Control Gates* Standard Cones * Event Use/Purpose:* Description of Event:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other Agreement must be signed with Carmel Street Department before delivery/pickup Standard Cones Tall Skinny Cones Barricades (used to close roads)Crowd-Control Gates Please note the number of Crowd-Control Gates needed 20 Please note the number of Standard Cones needed 100 5. EVENT DETAILS Community bicycle event "Roundabout Ride" Provide a brief description of event Annual Bike Carmel Roundabout Ride. We will use the same routes as last year and would like a police officer to control the roundabout on Rangeline and Elm as we leave Midtown. All streets will remain open for the event. Attach additional pages if needed-SEE BELOW Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Number of People Expected:* Fees? Fees (cont'd) ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/13/2025 9/13/2025 6:00:00 AM 2:00:00 PM 8:00:00 AM 1:00:00 PM NA 200 Will a Fee be charged for this event? If yes, please describe below. Yes No Purpose of fee Cover expenses for the City (food, swag etc) EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. 10x10 Bike Carmel Tents Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Bounce House N/A Other Name of Merchants(s) doing the setup 3172818479 Phone Number of Merchant(s) doing set up: VENDORS: Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previously granted request to use a City facility for any lawful reason. Vendors Present Food Served (May be subject to Hamilton County Health Department Inspection) Alcohol Served (Please see Section R under “General Terms and Conditions” in the Special Event/Facility Use Policy) N/A Approximately how many vendors will be present? 5 6. CONTACT INFORMATION: Matt Tanner Rollfast City Carmel State / Province / Region IN Postal / Zip Code 46280 Country United States Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: DISCLAIMER: 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. Matt Tanner Name of Organization/Applicant Signature of Authorized Agent/Applicant Matt Tanner Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46280 Address of Organization/Applicant 3/5/2025 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:__________________________________________________________________ Roundabout Ride 50 Mile A.CAUTION B.Rest Area - Monon Playground Parking Lot C.CAUTION D.Rest Stop - Smokey Row Elementary Emergency 911 / Support 317-281-8479 Roundabout Ride 50 Mile 0.0 Start of route 0.1 At roundabout, take exit 2 onto Elm Street 0.5 R onto 3rd Avenue Southeast 0.6 R onto East Main Street 1.1 At the traffic circle, take the 2nd exit and stay on E Main St 2.4 At the traffic circle, continue straight to stay on E Main St 3.4 At the traffic circle, take the 3rd exit onto Hazel Dell Pkwy 4.4 At the traffic circle, take the 1st exit onto Cherry Creek Blvd 5.8 At the traffic circle, continue straight to stay on Cherry Creek Blvd 6.1 At the traffic circle, take the 1st exit onto River Rd 7.3 At the traffic circle, continue straight to stay on River Rd 9.4 R onto E 116th St 9.9 At the traffic circle, take the 3rd exit onto Hazel Dell Pkwy 9.9 miles. +153/-235 feet 11.0 R onto E 106th St 11.7 At the traffic circle, take the 2nd exit and stay on E 106th St 13.0 At the traffic circle, take the 2nd exit and stay on E 106th St 13.8 R onto Westfield Blvd 14.3 L onto E 111th St 14.9 R onto Central Park Dr S 15.0 At the traffic circle, take the 2nd exit onto Central Park Dr W 15.5 L onto College Avenue North 15.7 R onto East 111th Street 16.2 At the traffic circle, continue straight to stay on E 111th St 16.5 At the traffic circle, continue straight onto W 111th St 16.7 At the traffic circle, take the 1st exit onto Spring Mill Rd 17.2 At the traffic circle, take the 2nd exit and stay on Spring Mill Rd 7.3 miles. +183/-73 feet 18.4 At the traffic circle, continue straight to stay on Spring Mill Rd 18.7 At the traffic circle, take the 2nd exit and stay on Spring Mill Rd 19.2 ROUTE SPLIT Watch for the 25 / 50 mile route split here! 19.2 At the traffic circle, take the 1st exit and stay on Spring Mill Rd 19.7 At the traffic circle, take the 2nd exit onto W 141st St 20.7 At the traffic circle, take the 2nd exit and stay on W 141st St 21.7 At the traffic circle, take the 2nd exit and stay on W 141st St 23.5 L onto West Road 24.5 L onto W 131st St 24.5 R onto West Road 25.0 West Road turns R and becomes W 126th St 25.1 L onto West Road 26.2 L onto W 116th St 9.0 miles. +147/-125 feet 27.1 At the traffic circle, take the 1st exit onto Shelborne Rd 28.1 At the traffic circle, take the 3rd exit onto W 106th St 29.1 At the traffic circle, take the 3rd exit onto Towne Rd 30.1 At the traffic circle, take the 2nd exit and stay on Towne Rd 31.1 At the traffic circle, take the 2nd exit onto W 126th St 32.2 At the traffic circle, take the 1st exit onto Shelborne Rd 32.7 At the traffic circle, take the 1st exit onto W 131st St 33.6 At the traffic circle, take the 2nd exit onto W Main St 34.7 At the traffic circle, take the 2nd exit onto Ditch Rd 35.2 At the traffic circle, take the 1st exit onto W 136th St 36.2 At the traffic circle, take the 1st exit and stay on W 136th St 37.1 ROUTE SPLIT Watch for the 25 / 50 mile route split here! 10.9 miles. +120/-169 feet Emergency 911 / Support 317-281-8479 37.2 At the traffic circle, take the 1st exit and stay on W 136th St 37.4 At the traffic circle, take the 1st exit onto Old Meridian St 37.5 Continue onto Old Meridian St 37.6 At roundabout, take exit 1 onto Old Meridian Street 37.6 At roundabout, take exit 3 onto North Guilford Road 37.7 R onto North Guilford Road 38.0 At the traffic circle, take the 3rd exit onto West Main St 38.5 At roundabout, take exit 2 onto West Main Street 38.7 L onto North Range Line Road 39.2 At roundabout, take exit 1 onto East 136th Street 39.9 At the traffic circle, take the 2nd exit onto E 136th St/E Smokey Row Rd 40.3 At the traffic circle, take the 1st exit and stay on E 136th St/E Smokey Row Rd 3.1 miles. +103/-107 feet 41.2 At the traffic circle, take the 1st exit onto Gray Rd 41.7 At the traffic circle, continue straight to stay on Gray Rd 42.2 At the traffic circle, take the 2nd exit and stay on Gray Rd 43.2 R onto E 116th St 44.5 At the traffic circle, take the 2nd exit and stay on E 116th St 46.7 At the traffic circle, take the 1st exit onto Pennsylvania Street 47.3 At the traffic circle, continue straight to stay on N Pennsylvania St 47.5 At the traffic circle, take the 1st exit onto Old Meridian St 47.8 At the traffic circle, take the 2nd exit and stay on Old Meridian St 48.0 At roundabout, take exit 1 onto Grand Boulevard 48.5 R onto South Guilford Road 48.8 At the traffic circle, take the 2nd exit and stay on S Guilford Rd 8.6 miles. +176/-132 feet 49.0 At the traffic circle, take the 3rd exit onto W Carmel Dr 49.6 L onto 3rd Ave SW 50.2 At the traffic circle, continue straight to stay on 3rd Ave SW 50.5 R onto Elm St 50.6 End of route 1.8 miles. +19/-30 feet Emergency 911 / Support 317-281-8479 Matt Tanner <mtanner242@gmail.com> Community Events Application Amanda Brown <noreply+6d1428c5a59fc7cf@formstack.com>Fri, Mar 21, 2025 at 12:03 PM Reply-To: roa@carmelclayparks.com To: mtanner242@gmail.com Formstack Submission For: Community Events Application Submitted at 03/21/25 12:03 PM Event Name:Roundabout Ride Event Date:Sep 13, 2025 Event Purpose & Description: Bike Carmel Roundabout Ride- a community event with cyclists riding the roads of Carmel on 25 and 50mi routes. Both routes pass through Central Park where we would like to set up a Rest Station. It will be one 10x10 tent in the parking lot by the splash park. We've done this for several years and had great success there. Event Website URL:www.bikecarmel.com Have you held this event previously and utilized space through Carmel Clay Parks & Recreation?: Yes Event Start Time:08:00 AM Event End Time:02:00 PM Set Up Will Begin At:05:00 AM Clean Up Will Be Completed By:02:00 PM 3/24/25, 10:18 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827220208877428743&simpl=msg-f:1827220208877428743 1/5 Location Requesting (please note: we cannot accept events that go over parking lot capacities): 2 parking spaces in the splash park parking lot Additional Needs at Location:: What shelters, if any, do you plan on using?: What are your estimated attendance numbers (please note: we cannot accept events that go over parking lot capacities)?: 180 Estimated Number of Cars:2 Is there an admission fee?:Yes Money will be taken by which of the below options?: Pre-Registration Registration Fee::75 Do you plan on bringing in food?:Yes What kind of food will you be bringing in (catered, homemade, pre-packaged snacks, etc.)?: pre packaged snacks and water Additional Yes/No Questions: Upload an Event Schedule if available (max 5MB): Upload map illustrating event routes and/or areas of park being used if available (max 5MB): View File Upload Marketing/Promotional Materials for Approval: How did you hear about our parks/facilities?:Used Prior or Returning Event Safety plan based on FEMA National Incident Event Manager will watch for inclement weather using internet and/or other sources of climate conditions 3/24/25, 10:18 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827220208877428743&simpl=msg-f:1827220208877428743 2/5 Management System standards. We agree to:: Agree to cancelling the event due to lightining or emergency weather situations Are aware of emergency shelter locations and agree to evacuate to them in emergency situations In case of severe weather, Event Manager will make announcements for participants and volunteers to evacuate the area Event Director's Name::Matt Tanner Phone:13172818479 Event Manager's Name::Kevin Whited Phone:(317) 372-4084 Safety Plan Terms & Conditions:I have read and agree to the above Safety Plan. Accessibility Plan Terms & Conditions: Although the organization doesn’t conduct formal assessments, staff are aware of the need to accommodate reasonable requests in regards to the above areas. Additionally, the status of the Accessibility Plan will be reviewed annually. I agree that our organization's staff is responsible for prioritizing and reviewing of the Accessibility Plan as well as all the requests for reasonable accommodations. All requests will be identified, reviewed, decided upon and documented. Name of Applicant:Matt Tanner Applicant Email:mtanner242@gmail.com Organization Name:Rollfast Organization Address:10630 Westfield Blvd Carmel, IN 46280 Organization Phone:13172818479 Organization Website:https://www.rollfast.us Event Chairperson/Onsite Contact (if different from applicant): Onsite Contact Phone: Onsite Contact Email: If a company other than yours is overseeing/running the event, please list that company's name.: City of Carmel 3/24/25, 10:18 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827220208877428743&simpl=msg-f:1827220208877428743 3/5 Printed Name of Authorized Representative:Matt Tanner Agree to Terms & Conditions Regarding Additional Fees: I have read and understand that I will be held accountable for added fees associated with this community event. Failure to pay or comply with park rules may result in additional fines and denial of future requests. Terms & Conditions: It is understood that no person, group or organization has any vested right to the exclusive use of park property. The use of any/all park property is subject to availability and approval by Carmel Clay Parks & Recreation (CCPR), subject to the policies, rules and guidelines of the Carmel/Clay Board of Parks & Recreation (the “Rules”). All requests and paperwork related to it must be received by CCPR before the requested usage date. It is understood that CCPR-sponsored activities have priority over all other activities in using park facilities and this permit is subject to cancellation in the event of an emergency. If a facility rental permit is granted, the users agree to be responsible for any accidents or injuries sustained by any person attending or participating in the program or activity at the park, and to be responsible for replacement in case any damage or loss is incurred. A certificate of insurance naming the Carmel/Clay Board of Parks & Recreation, Carmel/Clay Department of Parks & Recreation, City of Carmel, and Clay Township as additional insures may be required. All users agree to adhere to the Rules, applicable federal, state and local laws, and any specific guidelines outlined in the facility reservation permit. A minimum of one adult chaperone (age 18 and above) is required for every ten youth (age 17 and under) in attendance at the activity. The undersigned hereby acknowledge receipt of the Rules. Failure to comply with all of the Carmel Clay Parks & Recreation Parks rental rules & regulations may result in event being cancelled without notification. Agree to Terms & Conditions: I have read the terms of this agreement and, as the authorized representative of the group making this request, I do agree to abide by these rules and terms. Signature:View Signature Copyright © 2025 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 3/24/25, 10:18 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827220208877428743&simpl=msg-f:1827220208877428743 4/5 3/24/25, 10:18 AM Gmail - Community Events Application https://mail.google.com/mail/u/0/?ik=f976e5e837&view=pt&search=all&permmsgid=msg-f:1827220208877428743&simpl=msg-f:1827220208877428743 5/5 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 02/27/2025 Yes, 03/04/2025 Yes, 03/04/2025 This event is expecting 2,000 people or less. They do not have the same footprint as Diwali.Only Elm Street will be closed. May have rolling closure for stage set up.yes, 03/10/2025 yes, 03/10/2025 yes, 03/11/2025yes, 03/17/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Elm street between Monon Blvd north and Veteran's Way. Include addresses as appropriate An easy to read, color map of the area is required with submission. Screenshot 2025-02-27 110931.png 1.59MB 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 * 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 20 5. EVENT DETAILS To celebrate Hispanic Heritage month through a community event in partnership with the city. Provide a brief description of event To celebrate Hispanic Heritage month through a community event in partnership with the city. There will be food trucks, cultural performances, family fun activities throughout the event space. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT Event Date Start * Event Date End* If multiple dates, please list Set-Up time:*Tear Down End time:* Event Start time:*Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Fees? 10/11/2025 10/11/2025 8:00:00 AM 8:00:00 PM 2:00:00 PM 6:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 2,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage 12 x 24 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. 5-8 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 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? 5-10 6. CONTACT INFORMATION: Claudia Escalante 0 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 Hispanic Heritage Committee Name of Organization/Applicant Signature of Authorized Agent/Applicant Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 2/27/2025 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 CARTER GREEN SPECIAL EVENT / FACILITY USE REQUEST FORM Please reference the City of Carmel Special Event/Facility Use Policy *Must be at least 18 years of age to complete this form. FACILITY* Neighborhood Name/Streets to be closed 1. CITY FACILITY REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & James Building) PALLADIUM EAST PATIO (on the Campus of the Center for the Performing Arts) 2. STREET(S) REQUESTED: Include addresses as appropriate yes, 03/18/25 yes, 03/18/25 yes, 03/18/25 yes, 03/19/2025 “We will not need barricades as the race company will use cones for the start finish line and will barricade the course at intersections. Director Scott Langford.” Allied Solutions: yes, 03/19/25CCRP Request received 03/21/25 PROVIDING OWN AMUBULANCE SERVICE THROUGH IU HEALTH SPONSOR yes, 03/21/25 Tentative 03/25/25 ENG: Tentative approval. Requester will need to check back in to confirm route UPLOAD MAP Type of Closure: Further Info for type of closure REQUESTS: CITY SERVICES NEEDED: Event Use/Purpose: Description of Event: Event Date Start*Event Date End* An easy to read, color map of the area is required with submission. Bolt course map.jpg 61.11KB Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: 5K run, as last walkers and runners cross intersection, roads can be opened 3. SPECIAL REQUESTS: Mark all that apply ELECTRICITY JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other 4. CITY SERVICES NEEDED: Mark all that apply Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other 5. EVENT DETAILS: 14th Annual Bolt for the Heart Thanksgiving Family 5K run Provide a brief description of event 5k run to raise awareness and funding to place AED's (automatic external defibrillators) into Indiana Police patrol cars Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 11/27/2025 11/27/2025 x x If multiple dates, please list Set-Up time* Tear Down End time* Event Start time:* Event End time:* Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Number of People Expected:* Fees? Fees (cont'd) 5:00:00 AM 11:00:00 AM 9:00:00 AM 11:00:00 AM NA 3,500 Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee $30-$50 race registration fee EVENT SET UP: Mark all that apply Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Vendors Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type:* Residency A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: VENDORS: Mark all that apply VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section R under “General Terms and Conditions” in the Public Use Policy. N/A 6. CONTACT INFORMATION: Pierre Twer Bolt for the Heartr City Carmel State / Province / Region IN Postal / Zip Code 46033 Country USA Street Address Address Line 2 Non-Profit Organization Is the Organization based within the City of Carmel city limits? Yes No SECURITY DEPOSIT AND FEE: Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. DISCLAIMER: Acknowledgement and Agreement Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH SPECIAL EVENT/FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Special Event/Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. Age Confirmation* Special Event/Facility Use Policy* * * GO TO THE CITY OF CARMEL USE ONLY TAB AND CLICK ON SUBMIT I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Special Event/Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. Bolt for the Heart Name of Organization/Applicant Signature of Authorized Agent/Applicant Pierre M. Twer Printed Name and Title (If applicable) Phone Number (Required) Carmel, IN 46033 Address of Organization/Applicant 3/17/2025 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:__________________________________________________________________ GRANTEE: THE CITY OFCARMEL, INDIANA Byandthrough itsBoard ofPublic Works andSafety By: Laura Campbell, Presiding Member Date: By: Alan Potasnik, Member Date: By: JimBarlow, Member Date: ATTEST: Jacob Quinn, CityClerk Date: STATE OFINDIANA) Before me, aNotary Public inandforsaidCounty andState, personally appearedLaura Campbell,Alan Potasnik, and Jim Barlow Board of Public Works andSafety and Jacob Quinn, ClerkoftheCity ofCarmel, who acknowledged execution oftheforegoing Water Line Easement Agreement onbehalf of theCity ofCarmel. Witness myhand andnotarial seal, this ______ dayof ___________________, 2025. MyCommission No./Expiration: Notary Public MyCounty ofResidence: Printed Form asofAugust 26, 2020 6 GRANTEE: THE CITY OFCARMEL, INDIANA Byandthrough itsBoard ofPublic Works andSafety By: Laura Campbell, Presiding Member Date: By: Alan Potasnik, Member Date: By: JimBarlow, Member Date: ATTEST: Jacob Quinn, CityClerk Date: STATE OFINDIANA) Before me, aNotary Public inandforsaidCounty andState, personally appearedLaura Campbell,Alan Potasnik, and Jim Barlow Board of Public Works andSafety and Jacob Quinn, ClerkoftheCity ofCarmel, who acknowledged execution oftheforegoing Water Line Easement Agreement onbehalf of theCity ofCarmel. Witness myhand andnotarial seal, this ______ dayof ___________________, 2025. MyCommission No./Expiration: Notary Public MyCounty ofResidence: Printed Form asofAugust 26, 2020 6 This Resolution was prepared by Benjamin Legge, City Attorney, on March 20, 2025 at 9:53 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. RESOLUTION NO. BPW 04-02-25-03 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND PRESENTATION OF PISTOL AND BADGE WHEREAS, pursuant to Indiana Code § 5-22-22-6, the Board of Public Works and Safety of the City of Carmel, Indiana (“Board”), may transfer to another certain personal property; and WHEREAS, 1st Class Master Patrol Officer Scott A Morrow has provided 20 years of meritorious service to the Carmel community as a Carmel Police Officer, and will be retiring on April 18, 2025; and WHEREAS, it has been a long-standing policy and practice of the Carmel Police Department, and it is the Police Chief’s desire (Exhibit A), to present to each of its sworn officers, upon retirement, their badge and firearm. NOW, THEREFORE, BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following items may be transferred and presented to 1st Class Master Patrol Officer Scott A Morrow upon his retirement, at the direction of the Chief of Police: 1st Class Master Patrol Officer Scott A Morrow’s Service Weapon, Glock Model 17, 9 mm Pistol, and Carmel Police Department Badge/marked “Retired.” SO RESOLVED. Resolution No. BPW 04-02-25-03 Page One of Two Pages This Resolution was prepared by Benjamin Legge, City Attorney, on March 20, 2025 at 9:53 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this ___ day of , 2025, by a vote of ayes and nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety (“Board”) By: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Resolution No. BPW 04-02-25-03 Page Two of Two Pages