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HomeMy WebLinkAboutBPW Paperless Packet 08-20-25Board of Public Works and Safety Meeting Agenda Wednesday, August 20, 2025 – 10:00 a.m. Council Chambers, City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes for August 06, 2025, Regular Meeting 2. BID OPENINGS, AWARDS, AND REVOCATION a. Bid Opening for 136th Street Multi-Use Path Construction; Brad Pease, Director of Engineering 3.CONTRACTS a.Request for Agreement of Professional Services; CTI Construction, LLC; ($266,130.00); 24-CFD-03 Station 42, 45, and 46 Renovations; Brad Pease, Director of Engineering b.Request for Agreement of Professional Services; DLZ Indiana, LLC; ($170,575.00); 24-CFD-03 Station 45 Remodel; Brad Pease, Director of Engineering c.Request for Agreement of Professional Services; The Etica Group, Inc.; ($189,000.00); 24-CFD-03 Station 42 and 46 Renovation; Brad Pease, Director of Engineering d.Request for Purchase of Goods and Services; William Charles Construction; ($2,925.00); 23-04 Auman-Neward Sidewalk and Drainage; CO # 1; Brad Pease, Director of Engineering e.Request for Purchase of Goods and Services; Rieth-Riley Construction Co., Inc; ($500,726.08); 20-ENG-03 3rd Avenue SW Reconstruction Autumn to 2nd Street; CO #2; Brad Pease, Director of Engineering f.Request for Purchase of Goods and Services; Preload, LLC; (-$130,942.00); West Ground Storage Tank; CO #2; Lane Young, Director of Utilities 4.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use/Close City Streets; Special Request to Use Electricity; Awning Recover; September 24, 2025; 8:00 AM to 5:00 PM; Jonathon Poppino, Pedcor Homes Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: Sept 3, 2025 b.Request to Use Civic Square Fountain Area, Civic Square Gazebo and Lawn and to Use/Close City Streets; Special Request to Use Electricity and Fountain Restrooms; EidFest.; May 30, 2026; 3:00 PM to 9:00 PM; Ashhar, Eldfest, Inc c. Request to Use Midtown Plaza and Use/Close City Streets; Window Cling Installation for World Aquatics Event; September 16, 2025; 8:00 AM to 5:00 PM; Kenna Dishmond 5. OTHER a. Request for Dedication and Deed of Right of Way; 100 Woodland Lane; Woodland Country Club, Property Owners b. Request for Dedication and Deed of Right of Way; 931 W 136th Street; Matthew Schiller Property Owner c. Request for Stormwater Quality Management Easement; 931 W 136th Street; Matthew Schiller, Property Owner d. Request for Stormwater Technical Standards Waiver; 331 W Main Street; Nicholas Justice, PE, Civil and Environmental Consultants, Inc. e. Request for Utility Easement; 116th Street and AAA Way Roundabout; Duke Energy f. Request for Utility Easement; 106th Street and Westfield Boulevard Roundabout; Parcel #1; Duke Energy g. Request for Utility Easement; 106th Street and Westfield Boulevard Roundabout; Parcel #2; Duke Energy 6. ADD-ONS 7. ADJOURNMENT Board of Public Works Members: Laura Campbell, Presiding Officer Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed Alan Potasnik Appointed by Mayor Finkam Term January 17, 2024, Until a Successor is Appointed James Barlow Appointed by Mayor Finkam Term August 27, 2025, Until a Successor is Appointed Next Meeting: Sept 3, 2025 Board of Public Works and Safety 1 Meeting Minutes 2 Wednesday, August 6, 2025 – 10:00 a.m. 3 Council Chambers, City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 Board Member Barlow called the meeting to order at 10:00 AM 7 MEMBERS PRESENT 8 9 Board Members Alan Potasnik, Jim Barlow, and Deputy Clerk Jessica Dieckman were present. 10 MINUTES 11 Minutes for July 16, 2025, Regular Meeting. Board Member Potasnik moved to approve. Board 12 Member Barlow seconded. Minutes approved 2-0. 13 BID OPENINGS, AWARDS, AND REVOCATION 14 Bid Opening for 2026 Rock Salt for Drinking Water Softening; Board Member Potasnik 15 unsealed the bids, and Board Member Potasnik read them aloud: 16 17 Contractor Bid 18 Compass Minerals America Inc. $112.95 a ton 19 Morton Salt, Inc. $114.64 a ton 20 21 Bid Award for 25-STR-03 Path Preservation; Crystal Edmondson, Street Department, 22 recommended awarding the bid to Howard Asphalt LLC, for $262,628.00 as they were the 23 lowest quote and most responsive. Board Member Potasnik moved to approve. Board Member 24 Barlow seconded. Bid approved 2-0. 25 TABLED ITEMS 26 WITHDRAWN: Bid Revocation for Michigan Road Water Main Extensions and Connections; 27 Lane Young, Director of Utilities TABLED 07-16-25 28 29 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; 30 Dia de la Familia 2025; September 13, 2025; 8:00 AM to 7:00 PM; Kelly Douglas, Director of 31 Marketing and Community Relations, briefly speaks, we have come up with a plan everyone has 32 agreed upon. The concern was the number of people to be attending, and we do not think we will 33 have a large number of people coming. We have agreed upon the preferred street closures that 34 the departments suggested. Board Member Potasnik moved to take the request from the table. 35 Board Member Barlow seconded. Approved 2-0. Board Member Potasnik moved to approve. 36 Board Member Barlow seconded. Request approved 2-0 37 38 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; 39 Carmel Chinese Mooncake Festival; September 20, 2025; 2:00 PM to 10:30 PM; Kelly Douglas, 40 Director of Marketing and Community Relations, briefly speaks; on this one, we had similar 41 issues. We do believe it will be the same size as last year. We have a better map and have not 42 added any additional performers or vendors this year. MAC will be responsible for the cleanup 43 of this event, as that was one of the concerns from Park and Recreation. Board Member 44 Potasnik moved to take the request from the table. Board Member Barlow seconded. Approved 45 2-0. Board Member Potasnik moved to approve. Board Member Barlow seconded. Request 46 approved 2-0 47 CONTRACTS 48 49 Request for Purchase of Goods and Services; Girard and Associates; ($38,000.00); EMS QA Audit 50 Program; Chief Joel Thacker, Carmel Fire Department, briefly speaks; this is a quality assurance 51 agreement. We currently do internal reviews with our emergency medical line sheets. It has been 52 quite a load for our internal team, so we have been researching other services. We found this was 53 the best fit for us and are excited about their assistance. 54 Benjamin Legge, Corporation Counsel, briefly speaks; this is a special type of agreement that 55 keeps us HIPAA compliant when we share any protected health information with businesses that 56 assist CFD in its healthcare provider role. It is not based on a dollar value (so the small 57 purchase thresholds are inapplicable), and it must be approved by BPW. We regularly entered 58 these BAAs with entities such as IU Health and Ascension. If we have a new G&S contract with 59 a corresponding BAA, it will always go to BPW for approval, regardless of dollar value. These 60 can be handled separately, but, where it is possible, they should go together.; Board Member 61 Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 62 Request for Purchase of Goods and Services; Hoosier Fire Equipment, Inc. ($65,936.00); 63 Lateral Hire-Gear; Additional Services Amendment; Chief Joel Thacker, Carmel Fire 64 Department, briefly speaks, we will have several retirements coming in the next 18 months. We 65 have 16 individuals who will be starting with us in September, and this is the turnout gear for 66 them. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 67 approved 2-0 68 69 70 Request for Purchase of Goods and Services; IKIO LED Lighting; ($145,783.51); Building 71 Repairs and Maintenance; Chief Joel Thacker, Carmel Fire Department briefly speaks, this is for 72 station 42 and 46 to change out lighting to LED. 73 Clayton Bell, Facilities Manager, briefly speaks; the city was able to get an energy block grant 74 for a total of $150,000. This is for fire stations 42, 46, and City Hall. We will be replacing our 75 lighting with LED. We will get reimbursed by the grant for purchases made before the end of the 76 year. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 77 approved 2-0 78 Request for Purchase of Goods and Services; Macqueen Equipment, LLC; ($63,213.00); 79 Nozzles; Additional Services Amendment; Chief Joel Thacker, Carmel Fire Department briefly 80 speaks; this is to replace aging equipment. This has been a long time coming, and we are excited 81 to get it replaced. Board Member Barlow moved to approve. Board Member Potasnik seconded. 82 Request approved 2-0 83 Request for Agreement of Professional Services; St. Vincent Health, Wellness and Preventive 84 Care Institute, Inc.; ($110,886.83); 2025 Yearly Firefighter Physicals; Chief Joel Thacker, 85 Carmel Fire Department briefly speaks, this contract will provide holistic physicals for us yearly 86 for our firefighters. Board Member Barlow moved to approve. Board Member Potasnik 87 seconded. Request approved 2-0 88 Request for Purchase of Goods and Services; Eby Ford Sales, Inc.; ($94,510.68); Two 2025 F-89 150 Police Responder Trucks; Additional Services Amendment; Chief Drake Sterling, Carmel 90 Police Department briefly speaks, this is for two F-150 trucks. This was from our 2025 Police 91 Budget, and they were the lowest and most responsive bidder. Board Member Barlow moved to 92 approve. Board Member Potasnik seconded. Request approved 2-0 93 Request for Purchase of Goods and Services; John Jones Chrysler Dodge Jeep Fiat; 94 ($132,946.50); 2025 Chrysler Pacifica and 2025 Jeep Grand Cherokee Laredo; Board Member 95 Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 96 Request for Agreement of Professional Services; CHA Consulting, Inc.; ($708,775.00); 24-ENG-97 12 141ST and Shelborne Road Roundabout; Board Member Barlow moved to approve. Board 98 Member Potasnik seconded. Request approved 2-0 99 Request for Agreement of Professional Services; CrossRoad Engineers, P.C.; ($343,000.00); 22-100 ENG-12 & 17-SW-15 Westfield Boulevard Path and Structure Replacement; Additional Services 101 Amendment #7. Board Member Barlow moved to approve. Board Member Potasnik seconded. 102 Request approved 2-0 103 Request for Agreement of Professional Services; Lochmueller Group, Inc.; ($121,400.00); 24-104 ENG-18 CNO-Stormwater Study Design; Additional Services Amendment #2. Board Member 105 Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 106 Request for Agreement of Professional Services; Schmidt Associates, Inc.; ($100,000.00); 107 Assessments of City Buildings; Zac Jackson, Chief Financial Officer, briefly speaks; this is to 108 assess our buildings so we can put together a plan for future repairs that might be needed. This 109 will assess all buildings owned by the city and create a plan that will give us an idea of what 110 items might need to be repaired in the future and help us budget better for the future. Board 111 Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 112 Request for Purchase of Goods and Services; Reith-Riley Constructions Co., Inc.; 113 ($132,470.12); 25-STR-01 106TH Street over Keystone Parkway Bridge Beam Replacement; CO 114 #2; Crystal Edmondson, Street Department briefly speaks, this is a change order with three 115 different additions of refurbished metal railing, addition of MSE walls at 106th street and Carmel 116 Drive and Keystone, and add masonry coding and anti-graffiti coding added; Board Member 117 Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 118 Request for Purchase of Goods and Services; Howard Asphalt, LLC d/b/a Howard Companies; 119 ($262,628.00); 25-STR-03 Path Preservation; Board Member Barlow moved to approve. Board 120 Member Potasnik seconded. Request approved 2-0 121 REQUEST TO USE CITY STREETS/PROPERTY 122 123 Request to Use Carter Green; Special Request to Use Electricity; Mira Awards; April 23 124 through April 25, 2026; 9:00 AM to 12:00 PM; Board Member Barlow moved to approve. Board 125 Member Potasnik seconded. Request approved 2-0 126 Request for Commercial Firework Show; Woodland Country Club of Carmel Annual Fourth of 127 July Party; June 26, 2026; 5:00 PM to 11:00 PM; Board Member Barlow moved to approve. 128 Board Member Potasnik seconded. Request approved 2-0 129 130 Request to Use Civic Square Fountain Area; Special Request to Use Electricity; Wish TV 131 Interview; August 13, 2025; 1:00 PM to 7:00 PM; Board Member Barlow moved to approve. 132 Board Member Potasnik seconded. Request approved 2-0 133 134 Request to Use Civic Square Gazebo and Lawn; Special Request to Use Electricity; International 135 Dance Festival; September 7, 2025; 5:00 PM to 8:00 PM; Board Member Barlow moved to 136 approve. Board Member Potasnik seconded. Request approved 2-0 137 138 Request to Use Veterans Memorial Plaza; 9/11 Remembrance Ceremony; September 11, 2025; 139 7:00 AM to 10:00 AM; Board Member Barlow moved to approve. Board Member Potasnik 140 seconded. Request approved 2-0 141 142 Request to Use/Close City Streets; 14th Annual Brookshire 500 Lawnmower Race; September 20, 143 2025; 8:00 AM to 10:00 PM; Board Member Barlow moved to approve. Board Member Potasnik 144 seconded. Request approved 2-0 145 146 Request to Use Midtown Plaza and Use/Close City Streets; Special Request to Use Electricity; 147 2025 The Opening Act 5k; September 21, 2025; 7:00 AM to 12:30 PM; Board Member Barlow 148 moved to approve. Board Member Potasnik seconded. Request approved 2-0 149 150 Request to Use Civic Square Fountain Area and Civic Square Gazebo and Lawn; Special Request 151 to Use Fountain Restrooms; A Constitution Day Festival; September 20, 2025; 8:00 AM to 4:00 152 PM; Sharon Boller briefly speaks, stating that we will only be using the space on September 20, 153 2025. We are also requesting to add the special request for electricity. Board Member Barlow 154 moved to approve. Board Member Potasnik seconded. Request approved 2-0 155 156 Request to Use Midtown Plaza; Fit4Mom North Indy Mommy and Me Workout; October 03, 2025; 157 10:00 AM to 11:30 AM; Board Member Barlow moved to approve. Board Member Potasnik 158 seconded. Request approved 2-0 159 160 Request to Use Civic Square Gazebo and Lawn and to Use/Close City Streets; Special Request to 161 Use Electricity and Fountain Restrooms; Brain Bolt 5k; October 04, 2025; 4:00 AM to 1:00 PM; 162 Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 163 2-0 164 165 Request to Use Midtown Plaza and Use/Close City Streets; (Amending Time, Previously Approved 166 06-04-25); Special Request to Use Electricity; The Arts in Autumn; October 11, 2025; 8:00 AM to 167 7:00 PM; Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 168 approved 2-0 169 170 Request to Use City Streets; 19th Annual Donut 5K Holiday Run/Walk; December 13, 2025; 8:00 171 AM to 11:00 AM; Board Member Barlow moved to approve. Board Member Potasnik seconded. 172 Request approved 2-0 173 174 175 176 177 178 OTHER 179 180 Request for Dedication and Deed of Right of Way; 22-ENG-03 116th and Hoover Roundabout; 181 Board Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 182 2-0 183 184 Request for Consent to Encroach; 9862 Bucklebury Lane; Board Member Barlow moved to 185 approve. Board Member Potasnik seconded. Request approved 2-0 186 187 Request for Consent to Encroach; 14174 Klingensmith Blvd; Board Member Barlow moved to 188 approve. Board Member Potasnik seconded. Request approved 2-0 189 190 Request for Consent to Encroach; 14049 Honey Tree Drive; Board Member Barlow moved to 191 approve. Board Member Potasnik seconded. Request approved 2-0 192 193 Request for Right of Way Dedication; 600 E 96th Street; Board Member Barlow moved to approve. 194 Board Member Potasnik seconded. Request approved 2-0 195 Request for Right of Way Dedication; 525 Congressional Boulevard; Board Member Barlow 196 moved to approve. Board Member Potasnik seconded. Request approved 2-0 197 198 Request for Aerial Waiver of BPW Resolution No. 04-28-17-01; 3915 W 106th Street; Board 199 Member Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 200 201 Request for Aerial Waiver of BPW Resolution No. 04-28-17-01; 303 Walter Street; Board Member 202 Barlow moved to approve. Board Member Potasnik seconded. Request approved 2-0 203 204 ADD-ONS 205 206 Board Member Potasnik moved to add-on three items. Board Member Barlow seconded. Add-207 Ons approved 2-0. 208 Request for Purchases of Goods and Services; Hollingsworth Sawmill Inc; ($102,598.93); Hut 209 Upgrades; Matt Higginbotham, Street Commissioner; Sergey Grechukhin, Corporation Counsel, 210 briefly that this is the purchase of lumber and frames to repair/retrofit/improve the 211 Christkindlmarkt huts. As the market is not too far away at this point, we would like to start this 212 work sooner rather than later. Board Member Barlow moved to approve. Board Member Potasnik 213 seconded. Request approved 2-0 214 215 Request for Purchase of Goods and Services; Mauck Industries, LLC; ($132,750.00); Hut 216 Upgrades; Matt Higginbotham, Street Commissioner; Sergey Grechukhin , Corporation Counsel 217 briefly speaks purchase of lumber and frames to repair/retrofit/improve the Christkindlmarkt huts. 218 As the market is not too far away at this point, we would like to start this work sooner rather than 219 later. Board Member Barlow moved to approve. Board Member Potasnik seconded. Request 220 approved 2-0 221 222 Request for Standard Agreement of Professional Services; Arcadis;($725,000.00); Asset 223 Management Plan; Lane Young, Director of Utilities; Sergey Grechukhin , Corporation Counsel 224 briefly speaks, The AMP requirement has changed by a recent amendment to Indiana law, 225 specifically to Indiana Code 5-1.2-10-16. The contract would make the City comply with the 226 current law. This requirement also correlates with the administration’s initiative to create asset 227 management plans across the departments. 228 Lane Young, Director of Utilities, briefly speaks; we have been working on this before it became 229 state code. We will conduct a condition assessment of every asset we have and develop a master 230 plan to help maintain or replace those items. Board Member Barlow moved to approve. Board 231 Member Potasnik seconded. Request approved 2-0 232 233 ADJOURNMENT 234 Board Member Barlow adjourned the meeting at 10:33 AM. 235 236 237 238 239 APPROVED: ____________________________________ 240 Jacob Quinn – City Clerk 241 242 243 _____________________________________ 244 Chairwoman Laura Campbell 245 246 247 ATTEST: 248 __________________________________ 249 Jacob Quinn – City Clerk 250 251 CzBmmjtpoMzodi.NdHsbuibu2;64qn-Bvh22-3136 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 City shall designate payment oftheServices fromCitybudget appropriation number 2200 044-628.712024 Bond fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards asaccepted intheindustry. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than Two Hundred Sixty SixThousand One Hundred Thirty Dollars ($266,130.00) (the “Estimate”). Professional shall submit an invoice toCitynomorethan once every thirty (30) days forServices provided City during thetime period encompassed bysuchinvoice. Invoices shall besubmitted onaformcontaining the same information as that contained onthe Professional Services Invoice attached hereto asExhibit B, incorporated herein bythisreference. City shallpay Professional forallundisputed Services rendered and stated onsuchinvoice within thirty five (35) days fromthe date ofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, thisAgreement shall beineffect from theEffective Date through thesatisfactory completion ofservices as 2 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 described inthis Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination thatare not indispute, except that such payment amount shall notexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose acts anyofthem may be liable: 1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother employee benefits actsapplicable tothe performance ofthe work; 3 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's 4 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 policy ofinsurance shall contain prior acts coverage sufficient tocover allServices performed bythe Professional forthisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofanyandallclaims made against thispolicy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," showing such coverage then inforce (but notless than theamount shown above) shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter written notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake progress soastoendanger timely and proper completion oftheServices and does not correct such failure or breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies available toitatlaworinequity. 7.8 Government Compliance Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, 5 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall losses, liabilities, claims, judgments andliens, including, but notlimited to, alldamages, costs, expenses and attorney fees arising outofanyintentional ornegligent act oromission ofProfessional and/or anyofits employees, agents orcontractors inthe performance ofthisAgreement. This indemnification obligation shall survive thetermination ofthis Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 6 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: CTIConstruction, LLC rd10163 Ave SW, Suite 200 Carmel, Indiana 46032 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 7.16 Waiver Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 8 CTIConstruction, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $266,130.00 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged intheworkshall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, and complete the project with allpracticable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as amended. 7.28 IranCertification Pursuant toI.C. § 5-22-16.5, theProfessional shallcertify that, insigning thisAgreement, itdoes notengage 9 EXHIBIT B Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 118113 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Professional Services Agreement - 08/20/25 - 24-CFD-038/7/2025377031 CTI CONSTRUCTION LLC City Engineering'sOffice VENDORSHIP10163RDAVESW 1Civic Square TOSUITE200 Carmel, IN 46032- CARMEL, IN 46032 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103618 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 1Each24-CFD-03 - Station 42, 45, & 46 Renovations - $266,130.00$266,130.00 Construction/Program Management Sub Total 266,130.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 266,130.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FORPAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BEACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLE DirectorCFO CONTROL NO. 118113 CzBmmjtpoMzodi.NdHsbuibu4;59qn-Bvh24-3136 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 City shall designate payment oftheServices fromCitybudget appropriation number 2200 044-628.712024 Bond fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards asaccepted intheindustry. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than OneHundred Seventy Thousand Five Hundred Seventy Five Dollars ($170,545.00) (the “Estimate”). Professional shall submit an invoice toCitynomorethan once every thirty (30) days forServices provided City during thetime period encompassed bysuchinvoice. Invoices shall besubmitted onaformcontaining the same information as that contained onthe Professional Services Invoice attached hereto asExhibit B, incorporated herein bythisreference. City shallpay Professional forallundisputed Services rendered and stated onsuchinvoice within thirty five (35) days fromthe date ofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, thisAgreement shall beineffect from theEffective Date through thesatisfactory completion ofservices as 2 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 described inthis Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination thatare not indispute, except that such payment amount shall notexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose acts anyofthem may be liable: 1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother employee benefits actsapplicable tothe performance ofthe work; 3 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's 4 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 policy ofinsurance shall contain prior acts coverage sufficient tocover allServices performed bythe Professional forthisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofanyandallclaims made against thispolicy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," showing such coverage then inforce (but notless than theamount shown above) shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter written notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake progress soastoendanger timely and proper completion oftheServices and does not correct such failure or breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies available toitatlaworinequity. 7.8 Government Compliance Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, 5 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall losses, liabilities, claims, judgments andliens, including, but notlimited to, alldamages, costs, expenses and attorney fees arising outofanyintentional ornegligent act oromission ofProfessional and/or anyofits employees, agents orcontractors inthe performance ofthisAgreement. This indemnification obligation shall survive thetermination ofthis Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, and initsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 6 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: DLZ Indiana, LLC 138 NDelaware Street Indianapolis, Indiana 46204 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 7.16 Waiver Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 8 DLZIndiana, LLC Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118119 Contract NotToExceed $170,575.00 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged intheworkshall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, andcomplete theproject with all practicable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as amended. 7.28 IranCertification Pursuant toI.C. § 5-22-16.5, theProfessional shallcertify that, insigning thisAgreement, itdoes notengage 9 Mbvsjf!E/!Kpiotpo-!QF Wjdf!Qsftjefou 42.2852824 902403136 EXHIBIT B Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 118119 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANYCORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Professional Services Agreement - 24-CFD-038/7/2025061515 DLZ INDIANA, LLC. CityEngineering'sOffice VENDORSHIP138NDELAWAREST 1Civic Square TO Carmel, IN 46032- Laurie SlickINDIANAPOLIS, IN 46204 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103626 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 1Each24-CFD-03 - Station 45Remodel - Design$170,575.00$170,575.00 Sub Total 170,575.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 170,575.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISANUNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALLSHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 118119 CzBmmjtpoMzodi.NdHsbuibu3;67qn-Bvh24-3136 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 SECTION 3 CITY'SRESPONSIBILITIES 3.1 City shall provide such information asisreasonably necessary forProfessional tounderstand theServices requested. 3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided iscorrect and complete. 3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for Professional toperform theServices. 3.4 City shall designate payment oftheServices fromCitybudget appropriation number 2200 044-628.712024 Bond fund. 3.5 Cityshall designate theMayor ortheir duly authorized representative toactonCity’sbehalf onallmatters regarding theServices. SECTION 4 PROFESSIONAL'SRESPONSIBILITIES 4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time and cost estimate. 4.2 Professional shall coordinate with Cityitsperformance oftheServices. 4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards asaccepted intheindustry. SECTION 5 COMPENSATION 5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore than One Hundred Eighty Nine Thousand Dollars ($189,000.00) (the “Estimate”). Professional shall submit an invoice toCitynomore than onceevery thirty (30) daysforServices provided Cityduring thetimeperiod encompassed bysuch invoice. Invoices shall besubmitted onaformcontaining thesame information asthat contained ontheProfessional Services Invoice attached hereto asExhibit B, incorporated herein bythis reference. City shall pay Professional forallundisputed Services rendered andstated onsuch invoice within thirty five (35) days from the dateofCity’sreceipt ofsame. 5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the Estimate, without City’spriorwritten consent. SECTION 6 TERM Unless otherwise terminated inaccordance withthetermination provisions set forth inSection 7.1hereinbelow, thisAgreement shall beineffect from theEffective Date through thesatisfactory completion ofservices as 2 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 described inthis Agreement. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity orProfessional, without cause, upon thirty (30) days’ notice. 7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.” 7.1.3 Intheevent offullorpartial Agreement termination, and asfullandcomplete compensation hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe dateoftermination that arenot indispute, except thatsuch payment amount shall notexceed the Estimate. Disputed compensation amounts shall beresolved asallowed bylaw. 7.2 Binding Effect CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are bound totheother astoallAgreement terms, conditions andobligations. 7.3 NoThird Party Beneficiaries Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto. 7.4 Relationship Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis Agreement. This indemnification obligation shall survive thetermination ofthisAgreement. 7.5 Insurance 7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose acts anyofthem may be liable: 1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother employee benefits actsapplicable tothe performance ofthe work; 3 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 2) Claims for damages because ofbodily injury and personal injury, including death, and; 3) Claims fordamages toproperty. Professional'sinsurance shall benotlessthantheamounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage toRented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal andAdvertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence andaggregate) D. Worker'sCompensation & Disability Statutory E. Employer’sLiability: Bodily Injury byAccident/Disease: $100,000eachemployee Bodily Injury byAccident/Disease: $250,000eachaccident Bodily Injury byAccident/Disease: $500,000 policylimit F. Professional Liability Insurance. TheProfessional shall carryand maintain during the continuance ofthis Agreement, professional liability insurance inthe amount of 2,000,000forsingle limitclaims and $3,000,000 inthe aggregate. The Professional's 4 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 policy ofinsurance shall contain prior acts coverage sufficient tocover allServices performed bythe Professional forthisProject. Upon City'srequest, Professional shall giveprompt written notice toCity ofanyandallclaims made against thispolicy during the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement. Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany time, theProfessional willobtain, atitscost, anextended reporting endorsement which provides continuing coverage forclaims based upon alleged actsoromissions during the term ofthe Agreement untilallapplicable statute oflimitation periods have expired. 7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan additional insured," showing such coverage then inforce (but notless than theamount shown above) shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter written notice hasbeen given toCity. 7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be responsible foralldeductibles. 7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability ofProfessional tothe above enumerated amounts. 7.6 Liens Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto payorbondoversuch lienatProfessional’ssole costandexpense. 7.7 Default Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake progress soastoendanger timely and proper completion oftheServices and does not correct such failure or breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent, files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies available toitatlaworinequity. 7.8 Government Compliance Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages, 5 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall survive thetermination ofthis Agreement. 7.9 Indemnification Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall losses, liabilities, judgments andliens from third-party, claims, including, butnotlimited to, reasonable attorney fees tothe extent resulting from anynegligent actoromission ofProfessional and/oranyofitsemployees, agents orcontractors intheperformance ofthis Agreement. This indemnification obligation shall survive the termination ofthisAgreement. 7.10 Discrimination Prohibition Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This indemnification obligation shall survive thetermination ofthis Agreement. 7.11 E-Verify Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C, which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative. Should Professional subcontract forthe performance ofany work under this Addendum, the Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven 7) daysoftheeffective date ofthe subcontract. If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without consequence. TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist. 6 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 7.12 Severability Ifany provision ofthisAgreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate independently ofsame shall continue infullforce and effect. 7.13 Notice Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested, addressed tothe parties asfollows: CITY: CityofCarmel CityofCarmel Engineering Department Office ofCorporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: TheEtica Group, Inc. 8720Castle Creek Parkway East, Suite 400 Indianapolis, Indiana 46250 Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10) business daysfrom thedate ofsuch oralnotice. 7.14 Effective Date Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have, agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court istheappropriate venue forandhas jurisdiction over same. 7 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 7.16 Waiver Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch partytorequire suchperformance atany time thereafter. 7.17 Non-Assignment Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s priorwritten consent. 7.18 Entire Agreement ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter, written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail. 7.19 Representation and Warranties Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty which theyrepresent, asthecase maybe. 7.20 Headings Allheadings andsections ofthisAgreement areinserted forconvenience only and donotform apart ofthis Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof. 7.21 Advice ofCounsel The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely, voluntarily, and without any duress, undue influence orcoercion. 7.22 Copyright City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and security ofProfessional’sproperty. 8 TheEticaGroup, Inc. Engineering Department - 2025 Appropriation #2200 044-628.712024BondFund; P.O.#118118 Contract NotToExceed $189,000.00 7.23 Personnel Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and allpersonnel engaged intheworkshall befullyqualified toperform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from, and toinspect allprogram data, documents, proceedings andactivities. 7.25 Accomplishment ofProject Professional shall commence, carry on, andcomplete theproject with all practicable dispatch, inasound economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework involved isproperly coordinated withrelated work being carried onwithin City’sorganization. 7.26 Debarment And Suspension 7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer, director, owner, partner, key employee orother person with primary management orsupervisory responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe Professional. 7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment, penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for worktobeperformed under this Agreement. 7.27 Access toPublic Records Act Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3- 2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as amended. 7.28 IranCertification Pursuant toI.C. § 5-22-16.5, theProfessional shallcertify that, insigning thisAgreement, itdoes notengage 9 Jessica Nickloy President/CEO 03-0557006 8.13.2025 EXHIBIT B Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name Page 1of1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmelFEDERALEXCISETAXEXEMPT 118118 35-6000972 THIS NUMBER MUST APPEAR ONINVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANYCORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION Professional Services Agreement - 08.13.25 - 24-CFD-038/7/2025371824 THE ETICA GROUP, INC. CityEngineering'sOffice VENDORSHIP8720CASTLECREEKPKWYEAST 1Civic Square TOSUITE400 Carmel, IN 46032- Laurie SlickINDIANAPOLIS, IN 46250 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 103625 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 220002024 Bond Account: 44-628.71 1Each24-CFD-03 - Station 42 & 46Renovation - Design$189,000.00$189,000.00 Sub Total 189,000.00 Send Invoice To: City Engineering'sOffice Laurie Slick 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 189,000.00PAYMENT A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISANUNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ONALLSHIPPING LABEL THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Bradley PeaseZac Jackson TITLEDirectorCFO CONTROL NO. 118118 City of Carmel Project 23-04 Auman-Newark Sidewalk and Drainage CCHANGE ORDER #1 This Change includes work associated with REV 02, adjusting the storm layout and alignment at Pawnee and Winona, as a result of a Utility-related Change of Conditions. Contract Price prior to this Change Order $1,378,000.00 Contract Price will be increased/decreased by this Change Order $2,925.00 New Contract Price including this Change Order $1,380,925.00 Amount Adjusted Contract Price Cumulative % Change from Original Contract Original Contract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outhpark Drive, Suite 100 Westfield, IN 46704 812-298-4370 8/11/2025 01 8/6/2025 23-04 Auman-Newark Sidewalk & Drainage Improvements 02 (Revised) RFI 01, Revision 02 1,378,000.00 10 2,925.00 60 70 1,380,925.00 Revision 02: STR 216 and 220 & 220-2 Clark Dietz, Inc. 8900 Keystone Crossing #475 Indianapolis, IN 46240 317-844-8900 8/6/2025 William Charles Construction Attn: Kevin Juday kevin.juday@williamcharles.com 812-298-4370 William Charles Construction 8900 Keystone Crossing, Suite 475 / Indianapolis, IN 46240 / 317.844.8900 / clarkdietz.com Description of Revision#1 DISTRIBUTION: AUGUST 6, 2025 SUBJECT: Neighborhood Drainage Improvements at Pawnee Road & Auman Drive Carmel Project 23-04 The revisions to the plans for 23-04 in Revision #1 include the following replacement sheets: SSheetss 77 –Relocated Structures216, 2020 & 2020-2to avoid water line conflict. Sheets 21 –Shows new pipe and inlet layout. Elevations adjacent to Str. 216 remain the same. Addition spot elevations added along the C&G radius. Sheetss 29–Updated structure layout and dimensions. Sheetss 33–Casting elevationsupdates with inverts remaining the same. 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D r a i n a g e I m p . 25 - 1 1 1 Wi l l i a m C h a r l e s C o n s t r u c t i o n 24 " X 3 6 " 83 8 . 4 8 ' 83 7 . 0 0 ' 1. 4 8 ' 2. 3 1 ' 0. 1 7 ' 0. 0 0 ' Si z e - Jo b N a m e : Jo b N u m b e r : Cu s t o m e r : Ty p e : Ri m E l e v : In v e r t E l e v : Ri m t o I n v e r t : Ov e r a l l H g t : Su m p : Ca s t i n g H g t : St a t i o n : CU R B I N L E T ST R I D - 0° 9 0 ° 1 8 0 ° 2 7 0 ° 36 " 24 " 36 " 24 " 19 ¾ " 8" A 118 " 18 " 9" 08 / 0 6 / 2 0 2 5 (1 ) 8 3 7 12 R C P HO L E 18 0 0 0 0 # El e v Pi p e Co n n e c t o r Ho l e Si z e Up An g l e In s i d e MH Ou t s i d e MH 1 A 02 4 X 0 3 6 I N 24 " X 3 6 " I N L E T x 1 9 . 8 ' ' 25 4 3 0. 6 4 Qt y Re f Pr o d u c t I D De s c r i p t i o n ( H t m e a s u r e d t o s h o u l d e r ) lb s yd s CzTfshfzHsfdivlijobu:;28bn-Bvh25-3136 Fwbo!TnjuiFwbo!Tnjui 18041031368042036 ENGINEERINGMEMORANDUM DATE: 7/30/2025 SUBJECT: 20-ENG-03: 3rdAveSWÏAutumn Drive to2ndStSW RE: Change Order #2 Thecontractforthe3rdAveSWÏAutumnDrto2ndStSW, hasencounterednumerous foreseenandunforeseenoveragesoverthelengthoftheproject. Theunforeseen overagesaretheresultofutilityconflictsthatwerenotaccountedforintheoriginalbid ofthecontract. Theseunanticipatedcostshavecausedthecontractortoexpend additionalresourcestocompleteconstructionalong3rdAve. Overthecourseofthe project, ourteamhasexecutedvariousvalueengineeringelementsalongotherareas oftheproject. However, weanticipatethecontractwillsurpasstwentypercentofthe originalcontractamountduetotheseunforeseenitems. Byexecutingtheproposed ChangeOrder #2, ourintentistoprovidesufficientfundsaccountingfortheunforeseen itemsandremainingscopetocompletetheproject. EvanSmith, EIT CrossroadEngineers, P.C. Cc: BradleyPease, CityofCarmel, DirectorofEngineering InnovateFearlessly ¤ EmpowerTogether¤ LeadwithHeart carmel.in.gov West Ground Storage Tank City of Carmel 451.7893.002 EXHIBIT F CHANGE ORDER Change Order No._2_____________________ Date: _August 4th, 2025___________________ Name of Project: _______West Ground Storage Tank_________ Owner: ___City of Carmel, Indiana______________________________________________ Contractor: ___Preload, LLC______________________________________ The following changes are hereby made to the Agreement: Description of Change in Work: 1. Installation of a PAX active tank mixing system will be added to the contract scope. Excepting supply of electricity and controls integration, which will be provided by others, the Contractor will be responsible for providing a complete, installed, and operable mixing system suitable for the proposed tank. Items to be provided include, but are not limited to, the following: a. A PAX PWM400 tank mixing system i. A dry control center assembly with SCADA compatibility ii. A tripod assembly iii. 170’ of flat-jacketed 4-conductor cable iv. A long bail handle & chain to deploy and retrieve the mixing unit v. Appropriate tank penetration accessories vi. (1) day of manufacturer field service vii. Submittals, O&M manuals, and freight 2. One hatch in the tank dome cover will be relocated to accommodate the proposed mixing system. The sump roof hatch will also serve as the tank access hatch with an interior ladder and a Bilco ladder up device. 3. Installation of the concentric “c” style interior baffle walls will be removed from the contract scope including and related changes to the tank structure to accommodate the change. 4. The installation of a safety cable system with anchors will be added to the contract scope. A total of six anchors will be installed. 5. Two 8-inch diameter dome sleeves will be relocated. 6. The tank overflow pipe will be reduced from 20-inch to 14-inch diameter. A 45° duckbill check valve will be used in lieu of a mesh screen. 7. The permanent manhole will be raised 6 inches to accommodate prestressing for the 14-inch overflow pipe adjustment. A 6-inch concrete step will be provided for the interior of the tank to accommodate this change. 8. A 4 inch by 6 feet by 6 feet splashpad will be provided for the tank overflow. Justification: The proposed changes provide cost savings and improved safety. Original Contract Price: $6,288,000 Previous Changes to Contract Price: ($202,037) Current Contract Price adjusted by previous Change Order(s): $6,085,963 West Ground Storage Tank City of Carmel 451.7893.002 The Contract Price due to this Change Order will be decreased by: ($130,942) The new Contract Price including this Change Order will be: $5,955,021 Contract Time is Changed: The date for substantial completion of work will be _July 31st, 2026_______________. (Date) The date for completion of all work will be _August 31st, 2026_______________________. (Date) Requested by: City of Carmel _________________ ____________________ (Owner) (Date) Recommended by: ______________________________ _ August 4th, 2025________ (Consulting Engineer) (Date) Accepted by:___________________________________ ___________________ (Contractor) (Date) Approved and Adopted this _____ day of ____________, 20 ___. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: __________________________________________ Laura Campbell, Presiding Officer Date: _____________________________________ __________________________________________ James Barlow, Member Date: _____________________________________ __________________________________________ Alan Potasnik, Member Date: _____________________________________ ATTEST: __________________________________________ Jacob Quinn, Clerk Date: _____________________________________ 8/5/25 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    07/21/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Veterans Way in the Fountain area and by the Mayor's Office. 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:* Has this event been held at City facility before?* 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 10 5. EVENT DETAILS EidFest - demonstration of Muslim culture around the world on how they celebrate the festival of Eid. Yes No 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 The purpose of EidFest is to showcase Muslim celebration of Eid around the worlds. Various community from different countries setup up their booth to showcase the artifacts, food and costumes from their culture. Vendors and businesses are also available to present their business at the event. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 5/30/2026 5/30/2026 3:00:00 PM 9:00:00 PM 4:00:00 PM 8:00:00 AM NA Rehearsal Start Time:Rehearsal End Time: 3,000 Will a Fee be charged for this event? If yes, please describe below. Yes No EVENT SET UP: Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-2600) Vendors Vendors Present* Contact Person* Email* Phone Number:* Cell Number: Name/Organization: Address Organization Type:* Residency 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? 30 6. CONTACT INFORMATION: Ashhar EidFest Inc. City Carmel State / Province / Region Indiana Postal / Zip Code 46074-5881 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: 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. 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* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM 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. EidFest Inc/Ashhar Madni Name of Organization/Applicant Signature of Authorized Agent/Applicant Ashhar Madni Printed Name and Title (If applicable) Phone Number (Required) Address of Organization/Applicant 7/21/2025 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:__________________________________________________________________ MAC EVENTS REQUEST 08/05/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025yes 08/05/2025yes 08/05/2025 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 Strret closure or redirect traffic possibly    07/24/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025 yes 08/05/2025 Engineering: Must avoid peak traffic times no 08/05/2025 Neighborhood Name/Streets to be closed Upload Map Type of Closure: Further Info for type of closure Requests: 2. STREET(S) REQUESTED: Range line and Main Street 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: We will be replacing the awnings on the Old town shops 1 building. I'm not sure if it has to be a full closure or not 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:* Has this event been held at City facility before?* Description of Event:* Event Date Start * Event Date End* If multiple dates, please list Set-Up time:* Tear Down End time:* Event Start time:* Event End time:* Rehearsal Rehearsal Date: Rehearsal Start:Rehearsal End: Number of People Expected:* Cones/Barricades (signed agreement required) Detour/Traffic Redirection Signs (signed agreement required) Emergency Medical Services (EMS) (Extra fees may apply) Extra Patrol During Event (when available) Traffic Control (Extra fees may apply) On-site Security (Assigned off-duty CPD officers, extra fees will apply) No Parking Signs (Pick up at Carmel Police Department) Trash Trailer ($150 fee may be applied for use) N/A Other We can supply majority of cones/ but may need other of these services. Would like to chat with someone more to explain better. 5. EVENT DETAILS Change out old awnings on the 2 east main street Carmel 46032 Yes No Provide a brief description of event awning re cover Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT 9/24/2025 9/24/2025 8:00:00 AM 5:00:00 PM 8:00:00 AM 5:00:00 PM NA Rehearsal Start Time:Rehearsal End Time: 5 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: Jonathon Poppino jpoppino@pedcor.net 3174525746 Pedcor Homes 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 GREENFIELD State / Province / Region INDIANA Postal / Zip Code 46140 Country United States Street Address 8658 N. St. Rd. 9 Address Line 2 Individual 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* * * *CLICK THE NEXT BUTTON TO SUBMIT YOUR FORM 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. Pedcor Homes Name of Organization/Applicant Signature of Authorized Agent/Applicant Jonathon Poppino / VP/Facility Director Printed Name and Title (If applicable) 17452-5746 Phone Number (Required) 800 Monon Grn Blvd Carmel In 46032 Address of Organization/Applicant 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:__________________________________________________________________ August 11, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – 100 WOODLAND LANE – WOODLAND COUNTRY CLUB Dear Board Members: The property owners of the above referenced address have requested the Board approve a Dedication of Public Right of Way. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Bradley Pease, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS August 11, 2025 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION – 931 W 136th STREET - MATTHEW SCHILLER Dear Board Members: The property owner of the above referenced address have requested the Board approve a Dedication of Public Right of Way. On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of Way. I recommend the Board accept and sign this document. Sincerely, Bradley Pease, P.E. City Engineer ATTACHMENT: DEDICATION DOCUMENTS July 22, 2025 Mr. Caleb Warner City of Carmel- Engineering Department One Civic Square Carmel, IN 46032 Dear Mr. Warner: Subject: HAND Duplex Development 331 W. Main Street Carmel, IN 46032 SW-2025-00008 CEC Project 336-662 Civil & Environment Consultants, Inc., on behalf of H-E Homes, respectfully request the following to be presented to the Board of Public Works for the 0.71 acre project located at 1040 E 108th Street. 1. Request waiver for the requirement of the post-developed release rate from the site is no greater than 0.1 cfs per acre of development for 0-10 year return interval storms and 0.3 cfs per acre of developed area for 11 - 100 year return interval storms. allowable release rate. (STSM 302.03) The reason for the waiver is due to the small project site and limited area to construct a detention basin large enough to detain the site without negatively impacting the flow of drainage around the site. However as discussed with Carmel Engineering, the detention basin has been sized to capture the stormwater volume for proposed site and the R/W area draining to the site and detain to the redeveloped release rates, 2-year existing > 10-year proposed and 10-year existing > 100-year proposed. Therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 2. No residential lots, or any part thereof, shall be used for any part of a detention basin, assumed full to the 100-year water surface elevation or the emergency overflow weir elevation, whichever is higher. Detention basins, assumed full to the 100-year water surface elevation or the emergency overflow weir elevation, whichever is higher, shall be placed within a common area either platted or legally described and recorded as a perpetual stormwater easement. A minimum of fifteen (15) feet horizontally from the top Caleb Warner CEC Project 336-662 Page 2 July 22, 2025 of bank of the facility, or the 100-year pool if no defined top of bank is present, shall be dedicated as permanent stormwater easement if the above-noted boundary of the common area does not extend that far. (STSM 302.06.10) The reason for this waiver is due to site constraints. The small site requires a large detention footprint that puts the detention system in a residential within approximately 12.5’ of the proposed south building (Lot 223). The easement extends to the limit of the south building and then to 15’ outside of the building. The finished floor elevation is 5-feet about the 100- year elevation, therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 3. Finished Floor Elevation and Lowest Adjacent Grade The reason for these waivers is due to the existing grade. The project site has a significant grade change with McPherson Street to the east being approximately 5-6 feet higher than the west property line. The FFE for the buildings are at least 6” above the roadway, therefore, we are confident that the proposed design will not be adversely impacted by this waiver. 4. a. The 100-year elevation of stormwater detention facilities shall be separated by not less than 25 feet from any building or structure to be occupied. (STSM 302.06.02) b. All stormwater detention facilities shall be separated from any road right-of-way by no less than fifty (50) feet, measured from the top of bank or the 100-year pool if no defined top of bank is present. The reason for these waivers is due to the small project site and limited area to construct a detention basin at least 25-feet from any building and 50’ from a road right-of-way. The 100-year elevation of the dry detention basin is 4–4.5 feet below the building FFE’s and the top of bank is at a minimum 30’ from the local roadway. Therefore, we are confident that the proposed design will not be adversely impacted by this waiver. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-777 if you have any questions. Caleb Warner CEC Project 336-662 Page 3 July 22, 2025 Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager For Grantee’s Internal Use: Work Order #: 50872888-20 Page 1 of 5 Prepared by: Return to: Duke Energy Indiana, LLC Duke Energy Indiana, LLC Attn: Megan Miller 1000 E Main St Mail Code: WP 989 Plainfield, Indiana 46168 EASEMENT State of Indiana County of Hamilton THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from CITY OF CARMEL, INDIANA (“Grantor”, whether one or more), to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company (“Grantee”). Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, “Facilities”). Grantor is the owner of that certain property described in Section 6, Township 17, Range 4, Clay Township, Hamilton County, State of Indiana; being a part of Lot 33, Woodland Golf Club Subdivision as recorded in Deed Book 136, Page 545, and also Instrument Number 2024032155, in the Office of the Recorder of Hamilton County, Indiana (“Property”). The Facilities shall be underground, except as needed on or above the ground to support the underground Facilities, and located in, upon, along, under, through, and across a portion of the Property within an easement area described as follows: For Grantee’s Internal Use: Work Order #: 50872888-20 Page 2 of 5 Said easement being that area indicated, relative to landmarks and property lines, shown on a drawing marked Exhibit “A”, attached hereto and becoming a part hereof (hereinafter referred to as the “Easement Area”). The rights granted herein include, but are not limited to, the following: 1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the boundaries of the Easement Area. 5. [Intentionally omitted.] 6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. [Intentionally omitted.] 9. By executing this Grant of Easement, Grantor represents that the Easement Area is not dedicated as public right-of-way and/or otherwise consents, subordinates, subjects and makes junior any public right-of-way dedication to this Grant of Easement. 10. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe, reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time, to exercise any and all such rights. TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and For Grantee’s Internal Use: Work Order #: 50872888-20 Page 3 of 5 authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession, use and enjoyment of the same. For Grantee’s Internal Use: Work Order #: 50872888-20 Page 4 of 5 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this _______ day of ________________________, 2025. CITY OF CARMEL, INDIANA GRANTOR __________________________________________ Laura Campbell, Presiding Officer Date: _____________________________________ __________________________________________ James Barlow, Member Date: _____________________________________ __________________________________________ Alan Potasnik, Member Date: _____________________________________ ATTEST: __________________________________________ Jacob Quinn, Clerk Date: _____________________________________ For Grantee’s Internal Use: Work Order #: 50872888-20 Page 5 of 5 STATE OF INDIANA ) ) ss: COUNTY OF _____________________ ) This certificate relates to an acknowledgment in connection with which, no oath or affirmation was administered to the document signer. The foregoing instrument was acknowledged before me, a notary public in the county and state written above this _______ day of __________________, 2025 by LUARA CAMPBELL, JAMES BARLOW and ALAN POTASNIK, as Members of the City of Carmel Board of Public Works and Safety, and JACOB QUINN, Clerk of the City of Carmel, organized under the laws of Indiana. WITNESS my hand and official seal dated ___________________, 2025. SEAL: Signed: Printed or Typed Name: Commission expires: My County of Residence: My Commission Number: This instrument prepared by Victoria Parker, Attorney-at-Law, 1000 E. Main St, Plainfield, IN 46168. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Megan Miller P/L P/ L P / L P / L BL'* E 116TH ST AA A W A Y PO I N T E P K Y '5 &K 'ATE EXHIBIT 0AP O) LO&ATION EXHIBIT 0AP )O5 THIS IS NOT A S859EY LO&ATIONS SHOWN A5E APP5OXI0ATE THE A&T8AL &ENTE5LINELO&A TION O) THE 8TILITY LINE IS THE &ENTE5LINE O) THE EASE0ENT 6 EXHIBIT 'A' WO #50872888 HA0ILTON &O8NTY IN'IANA SITE NA0E &LA Y TOWNSHIP SE&TION 6 TOWNSHIP 17N 5AN*E E KA 7/17/2025 P9 EASE0ENT 121 E 116TH ST &A50EL IN 602 &ITY O) &A50EL, INDIANA NOTE P5OPE5TY LINE AS SHOWN WE5E PLOTTE' )5O0 INST580ENT #20202155 , AND DEED BOOK 136, PAGE 545, AN' SITE I0P5O9E0ENTS )5O0 *IS 'ATA THE &ITY O) &A50EL, INDIANAINST580ENT # 20202155PA5T O) LOT  WOO'LAN' *OL) &L8B S8B'I9ISION 'EE' BOOK 16 PA*E 55PA5&EL # 2-1-06-10-012000-018 SELL-O)) A5 EA O) A 100' X 100' WI'EEASE0ENT WOO'LAN' *OL) &L8B S8B'I9ISION PA5&EL # 2-1-06-10-012000-018 LOT  'B 16 P* 55 For Grantee’s Internal Use: Work Order #: 54452075-20 Page 1 of 4 Prepared by: Return to: Duke Energy Indiana, LLC Duke Energy Indiana, LLC Attn: Megan Miller 1000 E Main St Mail Code: WP989 Plainfield, Indiana 46168 EASEMENT State of Indiana County of Hamilton THIS EASEMENT (“Easement”) is made this ____ day of _____________ 2025, from CITY OF CARMEL, INDIANA (“Grantor”, whether one or more), to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company (“Grantee”). Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, “Facilities”). Grantor is the owner of that certain property described in Section 12, Township 17 North, Range 3 East, Clay Township, Hamilton County, State of Indiana; being a part of a tract as recorded in Instrument Number 2025018599, in the Office of the Recorder of Hamilton County, Indiana (“Property”). The Facilities shall be underground, except as needed on or above the ground to support the underground Facilities, and located in, upon, along, under, through, and across a portion of the Property within an easement area described as follows: For Grantee’s Internal Use: Work Order #: 54452075-20 Page 2 of 4 Said easement area being described on Exhibit ''A'' and shown on a survey drawing marked Exhibit “B”, attached hereto and becoming a part hereof (hereinafter referred to as the ''Easement Area''). The rights granted herein include, but are not limited to, the following: 1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. [Intentionally omitted]. 5. [Intentionally omitted]. 6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. Notwithstanding anything to the contrary above, the general location of the Facilities is shown on the sketch attached hereto as Exhibit A and incorporated herein by reference. The final and definitive location of the Easement Area shall become established by and upon the final installation and erection of the Facilities by Grantee in substantial compliance with Exhibit A. 9. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe, reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time, to exercise any and all such rights. TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession, use and enjoyment of the same. For Grantee’s Internal Use: Work Order #: 54452075-20 Page 3 of 4 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this _______ day of ________________________, 2025. CITY OF CARMEL, INDIANA GRANTOR __________________________________________ Laura Campbell, Presiding Officer Date: _____________________________________ __________________________________________ James Barlow, Member Date: _____________________________________ __________________________________________ Alan Potasnik, Member Date: _____________________________________ ATTEST: __________________________________________ Jacob Quinn, Clerk Date: _____________________________________ For Grantee’s Internal Use: Work Order #: 54452075-20 Page 4 of 4 STATE OF INDIANA ) ) ss: COUNTY OF _____________________ ) This certificate relates to an acknowledgment in connection with which, no oath or affirmation was administered to the document signer. The foregoing instrument was acknowledged before me, a notary public in the county and state written above this _______ day of __________________, 2025 by LUARA CAMPBELL, JAMES BARLOW and ALAN POTASNIK, as Members of the City of Carmel Board of Public Works and Safety, and JACOB QUINN, Clerk of the City of Carmel, organized under the laws of Indiana. WITNESS my hand and official seal dated ___________________, 2025. SEAL: Signed: Printed or Typed Name: Commission expires: My County of Residence: My Commission Number: This instrument prepared by Victoria Parker, Attorney-at-Law, 1000 E. Main St, Plainfield, IN 46168. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Megan Miller For Grantee’s Internal Use: Work Order #: 54452075-30 Page 1 of 4 Prepared by: Return to: Duke Energy Indiana, LLC Duke Energy Indiana, LLC Attn: Megan Miller 1000 E Main St Mail Code: WP 989 Plainfield, Indiana 46168 EASEMENT State of Indiana County of Hamilton THIS EASEMENT (“Easement”) is made this ____ day of _____________ 2025, from CITY OF CARMEL, INDIANA (“Grantor”, whether one or more), to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company (“Grantee”). Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, “Facilities”). Grantor is the owner of that certain property described in Section 6, Township 17 North, Range 4 East, Clay Township, Hamilton County, State of Indiana; being a part of a tract as recorded in Instrument Number 2025018510, in the Office of the Recorder of Hamilton County, Indiana (“Property”). The Facilities shall be underground, except as needed on or above the ground to support the underground Facilities, and located in, upon, along, under, through, and across a portion of the Property within an easement area described as follows: For Grantee’s Internal Use: Work Order #: 54452075-30 Page 2 of 4 Said easement area being described on Exhibit ''A'' and shown on a survey drawing marked Exhibit “B”, attached hereto and becoming a part hereof (hereinafter referred to as the ''Easement Area''). The rights granted herein include, but are not limited to, the following: 1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. [Intentionally omitted]. 5. [Intentionally omitted]. 6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. Notwithstanding anything to the contrary above, the general location of the Facilities is shown on the sketch attached hereto as Exhibit A and incorporated herein by reference. The final and definitive location of the Easement Area shall become established by and upon the final installation and erection of the Facilities by Grantee in substantial compliance with Exhibit A. 9. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe, reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time, to exercise any and all such rights. TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession, use and enjoyment of the same. For Grantee’s Internal Use: Work Order #: 54452075-30 Page 3 of 4 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this _______ day of ________________________, 2025. CITY OF CARMEL, INDIANA GRANTOR __________________________________________ Laura Campbell, Presiding Officer Date: _____________________________________ __________________________________________ James Barlow, Member Date: _____________________________________ __________________________________________ Alan Potasnik, Member Date: _____________________________________ ATTEST: __________________________________________ Jacob Quinn, Clerk Date: _____________________________________ For Grantee’s Internal Use: Work Order #: 54452075-30 Page 4 of 4 STATE OF INDIANA ) ) ss: COUNTY OF _____________________ ) This certificate relates to an acknowledgment in connection with which, no oath or affirmation was administered to the document signer. The foregoing instrument was acknowledged before me, a notary public in the county and state written above this _______ day of __________________, 2025 by LUARA CAMPBELL, JAMES BARLOW and ALAN POTASNIK, as Members of the City of Carmel Board of Public Works and Safety, and JACOB QUINN, Clerk of the City of Carmel, organized under the laws of Indiana. WITNESS my hand and official seal dated ___________________, 2025. SEAL: Signed: Printed or Typed Name: Commission expires: My County of Residence: My Commission Number: This instrument prepared by Victoria Parker, Attorney-at-Law, 1000 E. Main St, Plainfield, IN 46168. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Megan Miller